The Indian Ports Act, 2025 No. 27 of 2025

jftLVªh lañ Mhñ ,yñ—¼,u½04@0007@2003—25 REGISTERED NO. DL—(N)04/0007/2003—25 1 सससससीीीीी.....जजजजजीीीीी.....-----डडडडडीीीीी.....xएएएएएxलललललx.....G-----अअअअअI.....D-----22222H2222200000x88888x22222x000002222255555-----222226666655555666661111166666 CCCCCGGGGG-----DDDDDLLLLL-----EEEEE-----2222222222000008888822222000002222255555-----222226666655555666661111166666 xxxGIDExxx vlk/kkj.k EXTRAORDINARY Hkkx II — [k.M 1 PART II — Section 1 izkf/kdkj ls izdkf'kr PUBLISHED BY AUTHORITY lañ 32] ubZ fnYyh] c`gLifrokj] vxLr 21] 2025@Jko.k 30] 1947 ¼'kd½ No. 32] NEW DELHI, THURSDAY, AUGUST 21, 2025/SHRAVANA 30, 1947 (Saka) bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA Separate paging is given to this Part in order that it may be filed as a separate compilation. MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 21st August, 2025/Shravana 30, 1947 (Saka) The following Act of Parliament received the assent of the President on the 21st August, 2025 and is hereby published for general information:— BillNo.65-Fof2025 THE INDIAN PORTS ACT, 2025 THE INDIAN PORTS BILL, 2025 No. 27 of 2025 (AS PASSED BY THE HOUSES OF PARLIAMENT[)21st August, 2025.] A An Act to consolidate the law relating to ports, promote integrated port BILL development, facilitate ease of doing business and ensure the optimum to consolidate the law relating to ports, promote integrated port development, utilisation of India’s coastline; establish and empower State Maritime facilitate ease of doing business and ensure the optimum utilisation of India’s Boards for effective management of ports other than major ports; coastline; establish and empower State Maritime Boards for effective establish the Maritime State Development Council for fostering management of ports other than major ports; establish the Maritime State structured growth and development of the port sector; provide for Development Council for fostering structured growth and development of the the management of pollution, disaster, emergencies, security, safety, port sector; provide for the management of pollution, disaster, emergencies, navigation, and data at ports; ensure compliance with India’s obligations security, safety, navigation, and data at ports; ensure compliance with under international instruments to which it is a party; take measures India’s obligations under international instruments to which it is a pfaorrt yth; et ackoen mseeravsautrioesn foofr pthoer tcso; npsreorvvaidtieo nf oorf apdojrutsd;i cpartoovriyde m foerc haadnjuidsmicas toforyr mtheec hraendirsemsss aflo or f tphoer t-rreedlaretessda ld isopf utpeosr; t-arnedla taeddd rdesissp umteast;t erasn cdo nandedcrteesds mthaettreerws ictho nonre icntecdid tehnetraelw tihthe roert oin.cidental thereto. BBEe iitt eennaacctteedd b byy PPaarrlliiaammeenntt i inn t hthee S Seevveennttyy--ssiixxtthh Y Yeeaarr ooff tthhee RReeppuubblliicc ooff IInnddiiaa as follows:— as follows:— CHAPTER I PRELIMINARY 1.(1) This Act may be called the Indian Ports Act, 2025. Short title, commencement and application.2 THE GAZETTE OF IND2I A EXTRAORDINARY [Part II— (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the commencement of that provision. (3)Save as otherwise provided in this Act, the provisions of this Act,— (a)shall apply to— (i) all ports to which the provisions of the Indian Ports Act, 1908 15 of 1908. applied immediately before the date of commencement of this Act; (ii)all new ports notified under sub-section (1) of section 11; (iii) any part of the navigable rivers or channels leading to such ports as may be notified by the appropriate Government in such form and manner as may be prescribed by the Central Government in consultation with the State Government; (iv)all vessels within port limits; and (v)all aircrafts making use of any part of the port, while on water, as they apply in relation to vessels; and (b)shall not apply to— (i)such port or navigable rivers or channels or vessels or class thereof, as the Central Government may, by notification, specify in this behalf; (ii) any vessel or aircraft making use of any part of the port belonging to or exclusively servicing, for military or non-commercial service of the Government, the Indian Navy, Indian Coast Guard, customs authorities, Central Armed Forces and police and other agencies as may be notified by the Central Government; (iii) any vessel belonging to or in the service of the Central Government or the State Government; or (iv)any foreign vessel of war. Definitions. 2.(1) In this Act, unless the context otherwise requires,— (a) “appropriate Government” or “Government”, in relation to major ports, means the Central Government; and in relation to ports other than major ports, means the State Government; (b)“Authority”, in relation to— (i)major ports, means— (A)the Board of Major Port Authority; or (B) the board of directors, in case a port is registered as a company under the Companies Act, 2013; and 18 of 2013. (ii)ports other than major ports, means the State Maritime Board of each State; (c)“Board of Major Port Authority” means the Board constituted by the Central Government under sub-section (1) of section 3 of the Major Port Authorities Act, 2021, for each major port; 1 of 2021. (d)“Chairperson” means the Chairperson of the Council;Sec. 1] THE GAZETTE OF IND3I A EXTRAORDINARY 3 (e)“coastal waters” means any part of the territorial waters of India, along with any part of the adjoining maritime zones of India within the meaning of the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other 80 of 1976. Maritime Zones Act, 1976, or any other law for the time being in force; (f)“concessionaire” means any person who has been granted any right, licence, permit or authorisation, by whatever name called, by the Government or the Authority, including by way of a concession agreement, for conducting all or any activity within a port; (g) “conservator” means a person or body of persons appointed for each port or two or more ports by the Government under sub-section (1) of section 18; (h)“convention” means an international convention to which India is a party; (i) “Council” means the Maritime State Development Council established under section 3; (j) “equipment”, in relation to a vessel, includes boats, tackle, machinery, boilers, cargo handling gear, pumps and any fitting, anchor, propeller, apparels, furniture, life-saving appliances of every description, spars, masts, rigging and sails, fog signals, lights, shapes and signals of distress, medicines and medical and surgical stores and appliances, charts, radio installations, appliances for preventing, detecting or extinguishing fires, buckets, compasses, axes, lanterns, loading and discharging gears and appliances of all kinds and all other stores and spares or articles belonging to or to be used in connection with or necessary for navigation, propulsion, security, pollution prevention and safety of the vessel; (k)“existing port” means every port to which the provisions of the Indian 15 of 1908. Ports Act, 1908 applied, immediately before the commencement of this Act; (l) “Magistrate” means a person exercising powers of the Magistrate 46 of 2023. under the Bharatiya Nagarik Suraksha Sanhita, 2023; (m) “major port” means any port declared as such by the Central Government by notification in the Official Gazette, to be a major port; (n) “master”, in relation to any vessel or aircraft making use of any port, means any person having for the time being the command or charge of the vessel or the aircraft, not being a pilot or harbour master or conservator of the port; (o) “mega port” means major port or port other than major port, classified as a mega port under section 73; (p)“mooring” means a fixed or floating structure or device which is used for the berthing and unberthing of any vessel or aircraft making use of a port, including shifting along the quayside, or is required for the safe operation of a waterborne vessel in the port or in the waterway access to the port; (q)“new port” means any port, other than an existing port, notified under sub-section (1) of section 11; (r)“notification” means a notification published in the Official Gazette and the term “notify” or “notified”, shall be construed accordingly; (s)“owner”, in relation to–– (i)goods, includes any consignor, consignee, shipper or agent for the sale, custody, loading or unloading of such goods; and (ii) any vessel or aircraft making use of any port, includes any registered owner, charterer, consignee or mortgagee in possession thereof;4 THE GAZETTE OF IND4I A EXTRAORDINARY [Part II— (t) “pilot” means any person for the time being authorised by the Government to pilot vessels; (u)“port” includes any terminal, offshore terminal, shipyard, repair yard, ship breaking yard, bunkering station, captive jetties or roadstead or port facility or single buoy mooring which is normally used for the fuelling, re-fuelling, loading, unloading, embarkation or disembarkation of passengers, warehousing, building or repair or anchoring of vessels, or any other place at which a vessel can call, and any part of the navigable river or channel to which this Act extends, but shall not include any ship recycling activities; (v) “port facility” means any location or area including anchorages or awaiting berths or approaches from seaward as determined by the Central Government, or such designated authority as the Central Government may, by notification, specify, where interface between vessels or a vessel and a port takes place; (w) “port limits” means the defined boundaries of the area of a port notified under sub-section (1) of section 11; (x)“port officer” means the conservator or harbour master or such other officers appointed under sub-sections (1) and (2) of section 18; (y)“port service provider” means a person who carries out all or any of the port works; (z)“port tariff” means a scale of rates published under sub-section (2) of section 47 for the fees or other charges leviable under section 46; (za) “port user” means any person who avails the services of a port including port works; (zb) “port works” includes,–– (i) designing, constructing, extending, maintaining, removing or demolishing— (a) maritime structures and other buildings, structures, machineries, equipment and enclosures; (b)railways, roads, bridges and embankments; (ii)reclaiming land from the sea or a river and dredging; (iii)supplying water, fuel or electricity to the port; (iv)providing labour to the port; (v) construction of dry docks, cruise terminal and water transport terminal; (vi)construction of port infrastructure; and (vii)any other services as may be notified by the Government; (zc) “prescribed” means prescribed by rules made by the appropriate Government or by the Central Government in consultation with the State Government under this Act; (zd) “regulations” means regulations made by the Council under this Act; (ze) “Schedule” means a Schedule annexed to this Act; (zf) “security” means maritime security and includes any measures undertaken by the owners or operators or persons in charge of the vessels or management of port facilities, offshore installations and other marine organisations or establishments, or undertaken by the Central Government, to protect ports or vessels or any person or thing relating directly or indirectly to maritime navigation,—Sec. 1] THE GAZETTE OF IND5I A EXTRAORDINARY 5 (i) against terrorism, sabotage, stowaways, illegal migrants, asylum seekers, piracy, armed robbery, seizure or pilferage; and (ii) against any other hostile act or influence, which threatens the security in the maritime transport sector; (zg) “State” means any State or Union territory in India having coastal location; (zh) “State Government”, in relation to a Union territory, means the Administrator thereof; (zi) “State Maritime Board” means the State Maritime Board referred to in sub-section (1) of section 13; (zj) “vessel” includes every description of water craft used or capable of being used in the marine environment, such as ship, boat, sailing vessel, fishing vessel, submersible, semi-submersible, hydrofoils, non-displacement crafts, amphibious crafts, wing-in-ground crafts, pleasure crafts, barges, lighters, mobile offshore drilling units, mobile offshore units, or of any other description whether fitted with mechanical means of propulsion or not. (2)Words and expressions used and not defined in this Act but defined in the 1 of 2021. Major Port Authorities Act, 2021 or the Merchant Shipping Act, 1958, shall have 44 of 1958. the meanings respectively assigned to them in those Acts. CHAPTER II MARITIME STATE DEVELOPMENT COUNCIL 3. (1) The Central Government shall, by notification, establish, for the Establishment of purposes of this Act, a Council to be called the Maritime State Development Council. Council. (2)The Council shall consist of the following members, ex officio, namely:— (a)the Union Minister for Ports, Shipping and Waterways who shall be the Chairperson; (b)the Minister-in-charge of ports of each State; (c) the Minister-in-charge of the Union territory of Puducherry and the Administrators of all other coastal Union territories; (d) an officer equivalent in rank to the Secretary of the Government of India in the Indian Navy dealing with coastal security, to be nominated by the Central Government in the Ministry of Defence; (e) an officer equivalent in rank to the Secretary of the Government of India in the Indian Coast Guard dealing with coastal security, to be nominated by the Central Government in the Ministry of Defence; (f) the Secretary to the Government of India in the Ministry of Ports, Shipping and Waterways, who shall be the Member Secretary of the Council. (3)The Chairperson may invite such persons to the meetings of the Council, in such manner and subject to such conditions as may be specified by regulations. (4)The Council shall transact business at its meetings in such manner as may be specified by regulations. (5) No member shall receive any remuneration for the performance of its functions under this Act. (6)Notwithstanding anything in any other law for the time being in force, the office of a member of the Council shall not be deemed to be an office of profit.6 THE GAZETTE OF IND6I A EXTRAORDINARY [Part II— Powers of 4. The Chairperson shall have the powers of general superintendence and Chairperson. directions in the conduct of the affairs of the Council and shall discharge other powers and functions of the Council as may be assigned to him under this Act. Vacancies, etc., 5.No act or proceeding of the Council shall be invalid merely by reason of,— not to invalidate proceedings of (a)any vacancy in, or any defect in the constitution of, the Council; or Council. (b)any defect in the appointment of a person acting as a member of the Council; or (c) any irregularity in the procedure of the Council not affecting the merits of the case. Functions of 6.(1) The Council shall,— Council. (a)make recommendations to the Government on,— (i) the adequacy of the existing legal framework or statutory compliances, with a view to provide for a more efficient and conducive framework for ports in India; (ii)measures to facilitate growth of the port sector and to promote competition and efficiency in the operation of ports; (iii) port connectivity and assessing the requirement of other infrastructure through road, rail, inland waterways transport, pipeline and conveyor; (iv)any other matter relating to ports, as the Council may decide; and (v) any other matter as may be referred to it by the Central Government or the State Government; (b) discharge the following functions, in consultation with the Central Government and the State Governments, namely:— (i) to advise the Central Government on the formulation of the national perspective plan referred to in section 12; (ii)issue guidelines in respect of the following, namely:— (A) the data or information to be collected by ports and the manner of collection, storage, updation and submission of such data or information to the Council; (B) to provide for the manner in which any information, records, data and research studies relating to ports, shall be disseminated, including the grant of public access thereto; (C)for ensuring transparency of port tariff; (c)perform such other functions including administrative and financial functions as may be entrusted to it by the Central Government. (2) While discharging its functions, the Council shall exercise transparency and take into account the optimum management and utilisation of the available coastline, appropriate cost of logistics through multi-modality, national development priorities, sustainability and issues of national security. (3) Where the Council considers it expedient so to do for the purpose of discharging its functions under sub-section (1), it may, by order in writing, call upon the Authority, port or any person, at any time to furnish in writing, such information as the Council may require.Sec. 1] THE GAZETTE OF IND7I A EXTRAORDINARY 7 7. (1) The Central Government may make available to the Council such Employees of officers and employees as it considers necessary for the efficient discharge of the Council. functions of the Council under this Act. (2)The salary and allowances payable to, and the other conditions of service of the employees of the Council shall be such as may be prescribed by the Central Government. 8.The Central Government may, after due appropriation made by Parliament Grants by Central by law in this behalf, make to the Council grants of such sums of money as are Government. required by it to discharge its functions under this Act. 9. The Council may, by general or special order in writing, delegate to any Delegation of powers of member or employee of the Council, subject to such conditions, if any, as may be Council. specified in the order, such of its powers and functions under this Act, except the power to make regulations or to issue guidelines, as it may deem necessary. CHAPTER III PORT AND PORT LIMITS 10.No port shall commence or carry on operations therein unless it is,— Port operations. (a)an existing port; or (b)a new port notified under sub-section (1) of section 11: Provided that the Government may, by notification, declare a port or part thereof non-operational in the following cases, namely:— (i)if such port or part thereof has been non-operational for a continuous period of ten years; or (ii)in the interest of national security; or (iii)for any other reason, as the Government may deem fit. 11.(1) The Government may notify a new port and alter the limits of any port: Notification of new port and Provided that any notification issued under this sub-section for alteration of alteration of port limits. port limits shall not have retrospective effect. (2) The Central Government in consultation with State Government shall prescribe the norms, form and manner for declaring a new port and for altering the port limits under sub-section (1). 12.(1) The Central Government may formulate a national perspective plan so Adherence to national as to meet the requirements of the maritime trade and to prioritise associated perspective plan infrastructure development. and guidelines issued by (2) The Central Government, State Governments and the Authority shall Council. endeavour to adhere to the national perspective plan formulated by the Central Government and the guidelines issued by the Council. CHAPTER IV STATE MARITIME BOARDS 13. (1) Every State Maritime Board established or constituted by the State Establishment of State Maritime Government under the Acts specified in the Third Schedule, shall be deemed to be Board. duly established or constituted for the purposes of this Act: Provided that where the State Maritime Board has not been established or constituted, the State Government may, by notification, establish a State Maritime Board within six months from the date of commencement of this Act:8 THE GAZETTE OF IND8I A EXTRAORDINARY [Part II— Provided further that where the functions of the State Maritime Board are discharged by a body of persons or a department of the State Government, that Government may notify such body of persons or department, as the State Maritime Board for the purposes of this Act. (2)The State Maritime Board shall be a distinct legal entity, having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract and shall, by the said name, sue or be sued. (3)The head office of the State Maritime Board shall be at such place as the State Government may, by notification, specify in this behalf. Transfer of 14.(1) On and from the date of establishment or the date of notification of the assets and State Maritime Board under sub-section (1) of section 13, the State Government liabilities, etc. shall transfer to the State Maritime Board, and vest, amongst other things,— (a)all port land, property, assets, funds, interest in property and all rights to levy rates vested in the State Government; (b) all rates, fees, rents and other sums of money due to the State Government; and (c)every employee serving under the State Government before such date solely or mainly for or in connection with affairs of the port. (2)All debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done with or for the State Government till the date of establishment or the date of notification of the State Maritime Board under sub-section (1) of section 13, shall be deemed to have been incurred, entered into or done by, with or for the State Maritime Board, and all suits or other legal proceedings instituted by or against the State Government till the date of establishment or the date of notification of the State Maritime Board, be continued or instituted by or against the State Maritime Board. Functions of 15. (1) Every State Maritime Board shall be responsible for the effective State Maritime administration, control and management of ports other than major ports within the Board. territory of the respective State and for the said purpose, shall perform the following functions, namely:— (a)initiating plans for development of ports; (b)promoting the use, development and improvement of ports; (c)executing such works within or outside the limits of ports and providing such appliances to ports, as the Board may deem expedient or necessary; (d) exercising licensing functions in respect of infrastructure and services of ports; (e)exercising supervision and control over all port works, including port works contracted out to third parties; (f) regulating and controlling navigation within the limits and the approaches to the ports; (g)fixing of port tariff; (h)developing new ports, subject to obtaining security clearance as per the guidelines issued by the Central Government; (i) protecting ecological balance and safeguarding social and environmental issues; (j) advising or issuing directions in relation to matters referred to the Board by the State Government; (k)providing or ensuring the provision of such other services and facilities which may be considered necessary for the efficient operation of ports; (l) ensuring compliance with the provisions of this Act and the rules made thereunder;Sec. 1] THE GAZETTE OF IND9I A EXTRAORDINARY 9 (m) carrying out all other functions that are or may be notified by the State Government. (2)The State Maritime Board shall ensure transparency in the exercise of its powers and discharging of its functions. (3) The State Maritime Board may, for the purposes of discharging its functions under sub-section (1), issue such directions from time to time, in writing, to any port or port officer, as it may consider necessary, and such port or port officer shall comply with such directions. CHAPTER V ADJUDICATION OF DISPUTES 16. (1) Every State Government shall, by notification, constitute a Dispute Resolution of disputes. Resolution Committee consisting of not less than three members, for the purposes of adjudicating any dispute arising between ports other than major ports, concessionaires, port users and port service providers within the State, unless the parties have agreed to arbitration or any other dispute resolution mechanism forming part of the concession agreement, licence, permit or authorisation. (2) An application for adjudication of any dispute referred to in sub-section (1) shall be made to the State Maritime Board in such form and manner as may be prescribed by the State Government and the State Maritime Board shall refer the application to the Dispute Resolution Committee. (3) The Dispute Resolution Committee shall, after giving the parties an opportunity of being heard, pass an order in writing within a period of six months from the date of receipt of the application by it: Provided that where the Dispute Resolution Committee is unable to dispose of such dispute within the stipulated period of six months, it may extend the period of disposal up to three months at a time, with reasons to be recorded in writing, but such period including extended period, shall not exceed twelve months in any case. (4)The Dispute Resolution Committee shall, for the purposes of discharging its function under sub-section (1), have the same powers as are vested in a civil court 5 of 1908. under the Code of Civil Procedure, 1908, while trying a suit in respect of the following matters, namely:— (a) the discovery and production of books of account and other documents; (b)summoning and enforcing the attendance of persons and examining them on oath; (c)issuing commissions for the examination of witnesses or documents; and (d)any other matter which may be prescribed by the State Government. (5)Any party aggrieved by an order of the Dispute Resolution Committee under sub-section (3), may prefer an appeal to the High Court of the appropriate jurisdiction, within sixty days from the date on which a copy of the order is received by the party. 17.No civil court shall have jurisdiction to entertain any suit or proceeding in Civil court not to respect of any matter which the Dispute Resolution Committee is empowered by or have jurisdiction. under this Act to determine. CHAPTER VI PORT OFFICERS 18. (1) The Government shall appoint such officers or body of persons to be Appointment of the conservator for every port, or for two or more ports. conservator, harbour master (2)Every port shall appoint a harbour master or such other officers of the port and other port as may be prescribed by the appropriate Government. officers. (3) The terms and conditions of service of the officers appointed under sub-sections (1) and (2) shall be such as may be prescribed by the appropriate Government.10 THE GAZETTE OF IN1D0I A EXTRAORDINARY [Part II— (4)The conservator shall be subject to the control of the Government and the Authority. (5) All officers operating in a port shall be subject to the supervision and control of the conservator. (6)The conservator may, with the approval of the Government, delegate such of its powers to such persons, as may be prescribed by the appropriate Government. 19.(1) Subject to the provisions of this Act, the conservator may, with respect Powers of conservator to to any vessel within the port, issue such directions as may be necessary for carrying issue directions. out the provisions of this Act or the rules made thereunder. (2)Without prejudice to the generality of the foregoing power, the conservator may issue directions relating to all or any of the following matters, namely:— (a) the berthing, mooring or anchoring including the method of anchoring, of a vessel; (b)the removal of the vessel from any place within the port to any other place and the time within which such removal is to be effected; (c) the regulation, restriction or prohibition of movement of vessels in the port and the approaches to the port; (d) requiring the master of any vessel to place at his disposal, such number of crew as may be deemed fit, for the purpose of preventing or extinguishing fire or for any other matter under this Act; (e)prohibiting any vessel from entering or leaving the port, where such vessel fails to comply with the provisions of this Act or any other law for the time being in force or the rules, regulations or directions issued thereunder; (f)cutting, or causing to be cut, any warp or rope endangering the safety of any vessel in the port. (3)If any person refuses or neglects to obey any direction of the conservator under this section, the conservator may cause or cause to be done, all necessary acts for execution of the directions and may hire and employ suitable persons for this purpose, and all expenses incurred in this behalf shall be recoverable from the person for such refusal or neglect. Removal of 20. (1) The conservator may remove, or cause to be removed, either on his obstructions own or through external agency or through a port officer, any obstruction in any part within port of a port, which in his opinion obstructs the operation of a port or part thereof or any limits. other work on any part of the shore or bank within the port limits. (2) The owner of any such obstruction shall be liable to pay the reasonable expenses of the removal thereof. (3)If the owner of any such obstruction fails to pay the reasonable expenses incurred in the removal thereof, the conservator may sell the vessels, wreck, material or any other thing forming the obstruction in public auction and recover expenses incurred for such removal from the proceeds of the sale, and shall pay the surplus of such proceeds, or deliver the unsold parts of the obstruction, to the person entitled to receive the same and if no such person is available, the conservator shall cause the same to be kept and deposited in such manner as the Government directs. (4)The conservator may, if necessary, from time to time, realise the expenses of keeping the obstruction, together with the expenses of sale, by a further sale of such part of the obstruction as may remain unsold. (5) If the obstruction exists on account of any permit, grant, licence or other lawful instrument issued by the Government, then the conservator shall report the same to the Government, and, with the previous sanction of the Government, cause the same to be removed or altered in such manner, making reasonable compensation to the owner of such obstruction, to be determined on the basis of such factors, as may be prescribed by the appropriate Government.Sec. 1] THE GAZETTE OF IN1D1I A EXTRAORDINARY 11 Explanation.—For the purposes of this section, the term “obstruction” includes any structure or a vessel or wreck or part thereof, or any material such as cargo, bunker or pollutant or such other thing or any public nuisance, impeding or likely to impede the operation of the port. 21.The Government may, by notification, specify restrictions on certain activities Power to specify within port limits which may cause any impediment to the navigation in a port. restrictions on activities within port limits. 22. (1) If any vessel hooks or gets foul of any of the buoys or moorings laid Fouling of down by the conservator in a port, the master of such vessel or any other person moorings. shall not, except in case of emergency, lift the buoys or moorings for the purpose of unhooking or getting clear from the same without the assistance of the conservator. (2)The conservator, immediately on receiving notice of any emergency, under sub-section (1), shall assist and superintend the clearing of such vessel and the master of such vessel shall, upon demand, pay such reasonable expenses as may be incurred in clearing the same. 23.(1) The conservator, or any person appointed under this Act to receive fees Power to board or charges related to any vessel, may, when necessary for the performance of duties vessels and enter buildings. under this Act, board any vessel or enter any building or place within the port limits, either alone or accompanied by any other person or body of persons. (2) No master of a vessel or any person in possession or occupation of the building or place shall without lawful excuse refuse the conservator or any person or body of persons to board or enter such vessel, building or place. 24. (1) The Government may appoint an empanelled medical practitioner as Appointment the health officer to carry out the functions of the health officer at any port. and powers of health officer (2) The health officer shall possess such qualification, experience and be and prevention of contagious subject to such other terms and conditions of service as may be prescribed by the diseases. appropriate Government. (3)The health officer shall, subject to the control of the Government, have the following powers, within the port limits, namely:— (a) to inspect the provisions, water, sanitation and accommodation within vessels; (b)to enter or board any vessel and medically examine all or any of the seafarers on board the vessel; (c)to require and enforce the production of the log-book and any other books, papers or documents as may be deemed necessary for the purpose of enquiring into the health and medical condition of persons on board the vessel; (d) to summon and question any person for any purpose, to require responses from the person questioned, and to make and sign a declaration affirming the truth of the statements made by such person. (4)Whenever any infectious or contagious disease has broken out or is reasonably suspected to break out at any port or part thereof, the appropriate Government may— (a)declare such port or part thereof as an infected zone, and require all persons coming out from an infected zone to be medically inspected or examined by a health officer; and (b)prescribe the measures to be taken at such infected zone. (5) Whenever any infectious or contagious disease has broken out or is reasonably suspected to break out in vessels arriving at, or being in, any port,—12 THE GAZETTE OF IN1D2I A EXTRAORDINARY [Part II— (a) the conservator shall take such action, and pass such directions to such persons for the prevention or containment of the spread of any infectious or contagious disease, as may be prescribed by the Central Government in consultation with the State Government; (b) the master shall report the particulars of any such disease to the Government or the conservator in such manner as may be prescribed by the Central Government in consultation with the State Government. (6) The health officer, along with such person or body of persons authorised by the Government, may board the vessel for medical inspection of vessels and of persons on board the vessels. Indemnity of 25. The Government shall not be liable for any act or default of any Government conservator, harbour master or other port officers or of any deputy or assistant of against act or any of the authorities aforesaid or of any person acting under the control or direction default of port officers or pilot. of any such authority, deputy or assistant, or for any act or default of any pilot or for any damage sustained by any vessel in consequence of any defect in any of the moorings, hawsers or other things belonging to the Government which may be used by the vessel: Provided that nothing in this section shall protect the Government from a suit in respect of any act done by or under the express order or sanction of the Government. CHAPTER VII SAFETY AND CONSERVATION OF PORTS Damage to 26. (1) No person shall, without lawful excuse, remove, destroy or damage property of port. any property including any pier or wharf belonging to, or in the custody or possession of, the port, or hinder or prevent such property from being used or operated in the manner it is intended to be used or operated. (2)Any person who does any act in violation of the provisions of sub-section (1), shall, in addition to any other penalty specified under column (4) of the Second Schedule, be liable to pay such expenses, as the conservator may determine to be just and reasonable, on the basis of such factors, as may be prescribed by the appropriate Government for any loss, destruction or damage suffered by the port, including the expenses of any inspection or survey carried out, having regard to the circumstances of the case. 27. Every master of a vessel in any port shall, when directed by the Warping. conservator, permit warps or hawsers to be made fast to the vessel for the purpose of warping any other vessel in the port, and shall not allow any such warp or hawser to be let go until so directed by the conservator. Master to take 28. Every master of a vessel lying in any port shall take order to extinguish order to any fire on the vessel, and co-operate with the conservator or any person acting extinguish fire. under the authority of the conservator, in extinguishing or attempting to extinguish any fire on the vessel. Offences in 29.(1) No person shall wilfully and without lawful excuse,— connection with safety of vessels, (a)loosen or remove from its moorings or from its fastenings any vessel in etc. the port without leave or authority from the master or owner of such vessel; or (b) lift, injure, make a vessel fast to, loosen or set adrift any moorings, buoys, beacons or sea or landmarks; or (c)discharge any firearm in the port; or (d) do or omit to do any act on board any vessel in the port which has caused or likely to cause fire; orSec. 1] THE GAZETTE OF IN1D3I A EXTRAORDINARY 13 (e)use a vessel in the port which is in such a state that by reason of the defective condition of its hull, equipment or machinery, or by reason of under-manning or otherwise, the life of any person or the safety of any other vessel navigating in the port is likely to be endangered. (2)No master of a vessel shall cause or suffer any warp or hawser attached to his vessel to be left out in any port in such a manner as to endanger the safety of any other vessel navigating in the port. (3) No person shall grave, bream or smoke any vessel in the port, or boil or heat any pitch, tar, resin, dammar, turpentine oil or other such combustible matter on board any vessel within port limits, if such act is prohibited by the Government, or contrary to the orders or directions of the conservator. 30. No person, without the permission of the conservator shall, in any port, Unauthorised person not to creep or sweep for anchors, cables or other stores lost or supposed to be lost therein. search for lost stores. 31.No person shall, except with the permission of the conservator and under the Injuring banks or supervision of such person as may be appointed by the conservator, in any port,— shores of port prohibited. (a) disturb the existing waterbed or geophysical structures or any artificial protection or constructions or shore of the port; or (b) sink or bury in any part of such bank or shore, whether the same is public or private property, any mooring-post, anchor or any other thing; or (c)do any other thing which is likely to cause damage to such bank or shore. 32.(1) No vessel shall enter, leave or be moved in any port without having a Moving of pilot, harbour master or any port officer on board, unless,— vessels without pilot or (a) upon application to the proper officer the master was unable to permission of harbour master procure a pilot, harbour master or port officer to go on board the vessel; or port officer. (b)an authority in writing has been obtained from the conservator or any officer authorised to give such authority: Provided that the Government may, by notification, direct that in any port as may be specified therein, the provisions of this sub-section shall not apply to sailing vessels of any measurement not exceeding a measurement so specified therein. (2) Notwithstanding anything in sub-section (1), the owner or master of a vessel, shall be answerable for any loss or damage caused by the vessel or by any fault of the navigation of the vessel. 33. A port officer shall, if required by an officer authorised by a general or Port officer to special order of the Central Government, co-operate as directed by the officer, co-operate in manoeuvres for in carrying out manoeuvres related to the defence of the port in time of war, or for defence of port. the security of the port against sub-conventional or non-traditional threats, or natural disasters, and, if necessary, temporarily make available the services of their staff, vessels, property, equipment or other resources: Provided that the Central Government shall bear the running expenses of vessels placed at the disposal of such officer in respect of the period during which they are so at his disposal, and be responsible for any damage thereto. Explanation.—For the purposes of this section, the expression “running expenses” shall include all expenses incurred in connection with the use of the vessels other than any charges for their hire or for the wages of the officers and crews of such vessels. 34.(1) The Authority may issue guidelines for the purposes of regulating the Authority and following matters and activities, namely:— Director-General to regulate certain activities.14 THE GAZETTE OF IN1D4I A EXTRAORDINARY [Part II— (a)the vessel movement and safety of navigation, including determining the schedules and procedural protocols for vessel entry, departure, and transit within port limits; (b) assigning the berths, including designating specific berths, stations, and areas for vessel docking in the port; (c) the anchor and equipment management, focusing on the correct stowage and positioning of cargo gear, anchors, and other external apparatus on vessels; (d) the cargo and passenger operations, including regulating locations and methods for passenger embarkation and loading and unloading of cargo; (e) standards for bunkering practices and equipment for vessel fueling operations; (f) specifying the requirements for the clear passage to ensure designated safe passage areas are maintained near docking structures and within port limits; (g) standards and procedure for mooring and anchoring of vessels and related equipment; (h) specifying the access and usage protocols for Government-owned docking and storage facilities; (i) standards and procedures for licensing various maritime transport vessels and the conditions for licence renewal or revocation; (j) specifying protocols for the consistent and safe use of visual and signal aids by vessels and ports; (k)standards relating to occupational health, safety and security of dock workers, seafarers and port visitors; and (l) the protocols to ensure seafarer and port workers’ welfare-related resources and activities. (2)The Director-General may also issue such guidelines on any of the matters and activities specified in sub-section (1), as may be deemed necessary, from time to time. (3) Any guidelines issued by the Authority under sub-section (1), shall be in conformity with the guidelines issued by the Director-General under sub-section (2). Explanation.—For the purposes of this section, “Director-General” means the Director-General appointed under the Merchant Shipping Act, 1958. 44 of 1958. CHAPTER VIII PREVENTION, CONTAINMENT OF POLLUTION AND RESPONSE Definitions. 35.In this Chapter, unless the context otherwise requires,— (a) “Ballast Water Management Convention” means the International Convention for the Control and Management of Ships’ Ballast Water and Sediments, 2004; (b) “cargo residues” means the remnants of any cargo material on board which remain on the deck or in holds or tanks following loading and unloading, including loading and unloading excess or spillage, whether in wet or dry condition or entrained in wash-water, but does not include cargo dust remaining on the deck after sweeping or dust of the external surfaces of the vessel; (c)“MARPOL Convention” means the International Convention for the Prevention of Pollution from Ships, 1973, including its Protocol of 1978; (d) “reception facility” means any facility which is fixed, floating or mobile and capable of providing the service of receiving the waste from vessels;Sec. 1] THE GAZETTE OF IN1D5I A EXTRAORDINARY 15 (e) “waste from vessels” or “vessel-generated waste” means every waste, including cargo residues, which is generated during the service of a vessel or during loading, unloading and cleaning operations and which falls within the scope of Annexes I, II, IV, V and VI to the MARPOL Convention and the Ballast Water Management Convention. 36.Every port shall provide reception facilities adequate to meet the needs of Reception vessels without causing undue delay to vessels, in compliance with the provisions facilities. relating to reception facilities specified in Annexes I, II, IV, V and VI of the MARPOL Convention or with the requirements of Article 5 of the Ballast Water Management Convention, as applicable, based on such conditions as may be prescribed by the Central Government in consultation with the State Government. Explanation.—For the purposes of this section, the term “adequate” means capable of receiving the types and quantities of wastes from vessels normally using that port, taking into account the operational needs of the port users, its size and geographical location and the types of vessels calling at that port. 37.Where in respect of any port it appears to the Central Government, on the Direction to provide adequate basis of the audit conducted under section 42 or otherwise, that the port has no reception reception facilities or if the port has such facilities, those facilities are not adequate facilities. within the meaning of section 36, the Central Government or an officer authorised by it may, by order in writing, direct the port to provide, or arrange for the provision of, such reception facilities as may be specified in that order. 38. (1) Every port shall prepare a port waste reception and handling plan in Port waste such form and manner as may be prescribed by the Central Government in reception and handling plans. consultation with the State Government. (2)Upon approval of the port waste reception and handling plan by the Central Government, such plan shall be implemented by the port. (3) Every port shall communicate such information about the port waste reception and handling plan to vessels in such manner as may be prescribed by the Central Government in consultation with the State Government. 39.The operator, agent or master of a vessel bound for India shall submit an Advance waste advance waste notice to the port of call in such form and manner and within such notice. time period as may be prescribed by the Central Government in consultation with the State Government. 40. (1) Subject to such conditions as may be prescribed by the Central Delivery of Government in consultation with the State Government, the master of a vessel vessel-generated waste. calling at a port shall, before leaving that port, deliver all its vessel-generated waste carried on board to a reception facility. (2)Upon delivery, the port where the waste was delivered shall issue the waste delivery receipt to the master of the vessel in such form and manner as may be prescribed by the Central Government in consultation with the State Government. 41. (1) A port providing reception facilities or a person providing such Charges for vessel-generated facilities by arrangement with the port may levy such charges for the use of the waste. facilities. (2)The reception facility provided at the port shall be made available for use by any vessel subject to such conditions as may be imposed by the port and on payment of the charges referred to in sub-section (1). 42.(1) The Central Government shall audit every port at such intervals and in Audit of ports. such manner as may be prescribed by the Central Government in consultation with the State Government.16 THE GAZETTE OF IN1D6I A EXTRAORDINARY [Part II— (2) The audit under sub-section (1) shall be carried out for the purposes of checking the availability and adequacy of reception facilities in accordance with this Chapter and the rules made thereunder, and shall include audit of such pollution containment equipment as may be specified by the Central Government, from time to time. Maintenance of 43.The following information shall be uploaded electronically in such manner information on and by such persons as may be notified by the Central Government, namely:— portal. (a)advance waste notice under section 39; (b)waste delivery receipt under sub-section (2) of section 40; (c)request by a vessel for availing reception facilities; and (d)such other matters as may be notified by the Central Government. Measures for 44.(1) Every port shall report the particulars of any incident that threatens or prevention or is likely to pose a threat of pollution to the coastal waters or related interests, to the containment of Government, in such manner as may be prescribed by the Central Government in pollution. consultation with the State Government. (2)Where the Central Government is satisfied that an incident which threatens or is likely to pose a threat of pollution to the coastal waters or related interests has taken place or is likely to take place, it may direct the port or State Government or the Authority or organisation, as may be applicable, to take such action for the prevention or containment or threat of such pollution in accordance with the applicable law. Explanation.—For the purposes of this section, the expression “coastal waters” shall mean and include any part of the territorial waters of India, along with any part of the adjoining maritime zones of India or any marine area adjacent thereto over which India has, or, may hereafter have, exclusive jurisdiction in regard to control of marine pollution under the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976, or any other law 80 of 1976. for time being in force. Directions for 45.The Government may issue directions to any port or port officer to comply securing with any of the provisions of this Chapter. compliance. CHAPTER IX LEVY OF FEES AND OTHER CHARGES Levy of fees and 46. There shall be leviable such fees or other charges in each of the ports in other charges. respect of— (a) consideration payable to the port by owners or agents of vessels or shippers in lieu of services rendered by such port including but not limited to— (i)providing usage of or access to all or any part of the port; (ii)loading or unloading of cargo; (iii)embarking or disembarking of passengers; (iv)storage of materials; (v)supplying provisions or equipment to vessels; (vi) handling, storing and transporting goods on land adjoining ports and for the handling of passengers carried by the vessels; (vii) embarking or disembarking of masters, crew and other personnel, if payable; (viii)repairing of vessel;Sec. 1] THE GAZETTE OF IN1D7I A EXTRAORDINARY 17 (ix)providing aids to navigation within the port limits; (x)carrying passengers or goods between vessels in the port or port approaches; (xi)stevedoring, landing and shipping of passengers or goods from or to such vessels; (xii)wharfage, storage or demurrage of goods on any such place; (xiii)pilotage and berth hire; (xiv)towage; and (xv)waterfront royalty; (b) consideration payable by or to the port for port works pertaining to the maintenance of ports; (c) realisations from usage of land and property belonging to, or in the possession or occupation of, the Authority. 47.(1) (a) The port tariff for every major port shall be fixed by— Port tariff. (i)the Board of Major Port Authority or such person or body of persons authorised by it; or (ii)the board of directors, in case a port is registered as a company under 18 of 2013. the Companies Act, 2013; (b) the port tariff for every port other than major port shall be fixed by the respective State Maritime Boards or such concessionaire as may be authorised by the concerned State Maritime Board. (2)The port tariff fixed under sub-section (1) shall be published electronically by the Authority or concessionaire or person or body of persons, responsible for fixing the port tariff. (3) The port tariff fixed under sub-section (1) shall come into effect after expiry of a period of thirty days from the date of its publication. (4) The Council may issue guidelines on any matter relating to transparency of port tariff including the components thereof. (5)The Authority may, based on any recommendation by the Government, in special cases exempt or, remit the whole or any portion of the fees or other charges due or payable under this Act. 48.(1) The Government shall, by notification, authorise at any port, an officer Receipt of fees or body of persons who may receive the fees or other charges payable under this or other charges. Act and to expend the receipts thereof, subject to such conditions as may be specified in the notification. (2)The officer or body of persons authorised to receive fees or other charges, shall issue a receipt in lieu of such fees or other charges, in such form and manner as may be prescribed by the appropriate Government, containing the following particulars, namely:— (a)name of the issuing office; (b)the port or place at which the fees or other charges due or payable is paid; and (c)the name, gross tonnage and other proper description of the vessel in respect of which the payment is made, as applicable.18 THE GAZETTE OF IN1D8I A EXTRAORDINARY [Part II— Owner, agent or 49.The owner, agent or master of every vessel liable to pay any other fees or master to report other charges shall, on arrival of such vessel within the port limits, report her arrival arrival. to the conservator in such form, manner and within such time as may be prescribed by the Central Government in consultation with the State Government. Detention and 50.(1) If the master of any vessel in respect of which any fees or other charges sale on refusal to are payable under this Act refuses or fails to pay the same on demand, the officer or pay fees or other body of persons authorised under sub-section (1) of section 48 may detain or arrest charges. the vessel or any part thereof, until the amount due is paid. (2)In case any part of the fees or other charges, or of the costs of the detention or arrest or of the keeping of the vessel detained or arrested remains unpaid for fifteen days after any such detention or arrest, such officer or body of persons may cause the vessel detained or arrested to be sold, and with the proceeds of such sale, may recover the fees or other charges and the cost including the costs of sale remaining unpaid, and shall render the surplus, if any, to the master of the vessel upon demand: Provided that where such vessel is already arrested under the order of a court or other authority, the authority appointed to receive fees or other charges, may sell the vessel or part thereof only with the prior permission of such court or other authority and recover the fees or other charges due and the costs including costs of sale remaining unpaid, and disburse the surplus, if any, in accordance with the orders or directions of such court or other authority. (3)Where the sale proceeds of the vessel is insufficient to satisfy the fees or other charges due and the cost including the costs of sale remains unpaid, the authority appointed to receive such fees or other charges due may, by order in writing direct the owner of the vessel to pay the unpaid balance, within one month of issuance of such order. Grant of 51.No port-clearance shall be granted to any vessel until the owner or master port-clearance. or agent or port user has paid or secured to the satisfaction of the officer granting the clearance the amount of all fees or charges, and of all fines, penalties and expenses to which the vessel or her owner or master is liable under this Act. Master not to 52. (1) No master of a vessel shall evade the payment of any fees or other evade payment charges required to be paid under this Act. of fees or other charges. (2) In any proceeding before a Magistrate, any document issued by the officer empowered to grant port-clearance under section 51 stating that the master has evaded such payment shall be sufficient proof of the evasion, unless the master shows to the satisfaction of the Magistrate that the departure of the vessel without payment of the sum was caused by stress of weather, or that there was lawful or reasonable ground for such departure. (3)Any Magistrate having jurisdiction under this Act in any port to which the vessel may proceed, or in which she may be found, shall be deemed to have jurisdiction in any proceeding under this section. CHAPTER X PENALTIES AND PROCEDURES Offences and 53.(1) Whoever contravenes any provision of this Act or fails to comply with penalties. any provision thereof, shall be liable to penalty under this Act and, if, in respect of any offence or contravention no punishment or penalty is specially provided, shall be liable to penalty which may extend to ten thousand rupees, and if the breach is a continuing one, with further penalty which may extend to one thousand rupees for every day, after the first day, during which the breach continues. (2) The offences mentioned in column (2) of the First Schedule, shall be punishable to the extent of punishment mentioned in the corresponding column (4) of that Schedule against the offence specified in column (2) of that Schedule.Sec. 1] THE GAZETTE OF IN1D9I A EXTRAORDINARY 19 Explanation.—For the purposes of this sub-section, where any offence is attributable to a port under column (2) of the First Schedule, the fine specified for such offence under column (4) thereof, shall be payable by the Authority; or by the concessionaire where such port is operated by the conservator. (3) Whoever contravenes any provision mentioned in column (2) of the Second Schedule, shall be liable to the extent of penalty mentioned in the corresponding column (4) of that Schedule against the contravention specified in column (2) of that Schedule. 54.(1) The authority for imposing the penalty under the Second Schedule shall Authority for be the conservator. imposition of penalty and (2) For the purposes of imposition of penalty under this Chapter, where the procedure therefor. conservator is a body of persons, the authority for imposition of penalty shall mean, one person appointed from amongst such body of persons, in such manner as may be prescribed by the appropriate Government. (3) The conservator shall, before imposing any penalty specified under the Second Schedule, give the parties an opportunity of being heard. (4)Every order of imposition of penalty under this section shall be in writing. (5)Any contravention of the provisions of this Act for which penalty has been provided may be compounded for the first contravention by such officer as may be notified by the Central Government in this behalf. 55.No Court inferior to that of a Judicial Magistrate of the first class shall take Cognizance of cognizance of any offence specified under the First Schedule. offences. 56. Any person who wilfully fails to comply with any order of the Dispute Penalty for Resolution Committee against which no appeal has been preferred, shall be liable wilful failure to comply with to a penalty which may extend to one lakh rupees, and in addition, penalty which orders of may extend to one thousand rupees for every day during which such default Dispute continues. Resolution Committee. 57.No person shall,— Penalty for failure to furnish (a)make any statement or furnish any document which the person knows information, etc. or has reason to believe to be false in any material particular; or (b)omit to state any material fact knowing it to be material; or (c)wilfully alter, suppress or destroy any document which is required to be furnished. 58.Any fine imposed by the Magistrate under the First Schedule, or, penalty Recovery of fine imposed by the conservator under the Second Schedule, may be recovered by or penalty. distress and sale of the vessel or part thereof, as may be deemed necessary. 59.(1) Any dispute as to the sum to be paid as expenses or damages under this Recovery of expenses and Act shall be determined by a Magistrate upon an application made for that purpose damages. by either of the disputing parties. (2) Any sum payable as expenses or damages under this Act which does not exceed twenty thousand rupees may be recovered by the conservator or the Magistrate, as if it were a penalty or fine. 60. Whenever any penalty, fine, expenses or damages is or are levied under Cost of distress. this Act by distress and sale, the cost of distress and sale may be levied in addition to such penalty, fine, expenses or damages, and in the same manner.20 THE GAZETTE OF IN2D0I A EXTRAORDINARY [Part II— Magistrate to 61. If any dispute arises concerning the amount leviable by any distress or determine arrest under this Act or the costs payable under section 60, the person making the amount to be levied in case of distress or arrest may detain the goods seized or arrested, or the proceeds of the sale dispute. thereof, until the amount to be levied has been determined by a Magistrate who, upon an application made for that purpose, may determine the amount and award such costs to be paid by either of the parties to the other of them as the Magistrate may deem reasonable and payment of such costs if not paid on demand, shall be enforced as if they were a fine. Place of trial and 62. (1) Any person committing any offence under this Act may be tried for jurisdiction. such offence in any place in which that person may be found, or before any Magistrate having jurisdiction over any district or place adjoining the port in which the offence takes place, or in any court in which that person may be tried under any other law for time being in force. (2)The Magistrate referred to in sub-section (1) may exercise all the powers of a Magistrate under this Act in the same manner and to the same extent as if the offence had been committed locally within the limits of his jurisdiction, notwithstanding that the offence may not have been committed locally within such limits and in case any such Magistrate exercises the jurisdiction hereby vested in him, the offence shall be deemed, for all purposes, to have been committed locally within the limits of his jurisdiction. Offences by 63.(1) Where any offence under this Act has been committed by a company, companies. every person who, at the time the offence was committed, was directly in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2)Notwithstanding anything in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.—For the purpose of this section,— (a) “company” means anybody corporate and includes a co-operative society, a firm, a limited liability partnership registered under the Limited Liability Partnership Act, 2008 or other association of individuals; and 6 of 2009. (b)“director”, in relation to a firm, means a partner in the firm. CHAPTER XI MISCELLANEOUS Service of 64. (1) Where, for the purposes of this Act any document is to be served on documents. any person, that document may be served in any case by delivering a copy thereof personally to the person to be served or by leaving the same at his last place of residence, or by post. (2)If the document is to be served— (a) on the harbour master of a port, where there is one, by leaving the same for him at the port, with the person being or appearing to be in command of the port;Sec. 1] THE GAZETTE OF IN2D1I A EXTRAORDINARY 21 (b)on the master of a vessel, where there is one, by leaving the same for him on board that vessel, with the person being or appearing to be in command or charge of the vessel; and (c)on the master of a vessel, or if there is no master and the vessel is in India, on the owner of the vessel, or, if such owner is not in India, on any agent of the owner residing in India, or, where no such agent is known or can be found, by affixing a copy thereof on the vessel or at a suitable place on the bridge. 65.(1) In any port where hoisting is mandated by the conservator, no vessel shall Hoisting unlawful colours hoist, carry or wear, any flag, jack, pennant or colours, the use whereof is unlawful. in port. (2)Every foreign vessel calling at a port in India shall hoist the flag of the flag State of the vessel and the flag of the Republic of India. 66.(1) Every port shall frame an emergency preparedness and response plan Emergency for the purposes of safety, security, disaster management and pollution incidents in preparedness and response accordance with applicable law. plan. (2) The plan referred to in sub-section (1) shall be submitted to the Central Government for its approval in such manner as may be directed by the Central Government in consultation with the State Government. (3)The Central Government may grant approval to the plan after taking into consideration such factors as may be notified by the Central Government in consultation with the State Government. (4) The conservator may issue directions for the implementation of the approved plan and the Central Government may audit such implementation. (5)The Central Government may, either suo motu or on the basis of an audit under sub-section (4), issue directions to any person in order to ensure compliance with the provisions of this section and put in place a national emergency response mechanism. 67. Every port shall report the particulars of any incident such as property Reporting of damage, vessels sinking, vessel collisions or fire, in such manner as may be incident. prescribed by the Central Government in consultation with the State Government. 68. Every port shall provide such shore based welfare services as may be Shore based welfare services prescribed by the Central Government in consultation with the State Government, for seafarers. for seafarers of vessels calling at the port. 69.(1) The Central Government may, by notification, direct a port to adopt a Port community system and mechanism for electronically integrating such port related data as may be notified vessel traffic by the Central Government in consultation with the State Government, with the port service. community system or any other centralised system. (2) Every port shall maintain vessel traffic service within the port limits in accordance with applicable law. Explanation.—For the purposes of this section, the expressions,— (a) “port community system” means a secure electronic system integrating the trade related information submitted and exchanged therein, serving as a centralised portal for ports and other relevant stakeholders in accordance with the Convention on Facilitation of International Maritime Traffic, 1965 or any other requirement as may be directed by the Central Government; (b)“vessel traffic service” shall have the same meaning as assigned to it 20 of 2021. in the Marine Aids to Navigation Act, 2021.22 THE GAZETTE OF IN2D2I A EXTRAORDINARY [Part II— Order for 70. The Central Government may issue directions to such port, port facility, securing port officer, or person, to ensure compliance with any other laws for the time being compliance. in force and the provisions of the Merchant Shipping Act, 1958 relating to the safety 44 of 1958. and security of port facilities. Prior clearance. 71.Any port undergoing a change in substantial ownership or effective control shall obtain a prior clearance from the Central Government or a person authorised by it, in such form and manner and within such time as may be notified by the Central Government in consultation with the State Government. Obligations of 72. Every port shall ensure that the obligations, under the international ports under conventions to which India is a party and as prescribed by the Central Government, international are discharged in accordance with such conventions. conventions. Notification of 73.(1) The Central Government may, in consultation with the State Government, mega port. by notification, specify the criteria for classification of a port as mega port. (2) The Central Government may notify any major port, which satisfies the criteria notified under sub-section (1), as a mega port. (3)The Central Government may, in consultation with the State Government, notify any port other than major port, which satisfies the criteria notified under sub-section (1), as a mega port. (4) Notwithstanding its classification as a mega port under this section, a port shall retain its status as either a major port or a port other than a major port, as applicable, and shall continue to be governed by the respective laws applicable to such port. Chairperson, 74. All members, officers and other employees of the Council shall be deemed, members, when acting or purporting to act in pursuance of any of the provisions of this Act, officers and to be public servants within the meaning of clause (28) of section 2 of the Bharatiya employees of Council, etc., to Nyaya Sanhita, 2023. 45 of 2023. be public servants. Application of 75.The provisions of this Act shall be in addition to and not in derogation of, certain laws. the Major Port Authorities Act, 2021 and the Merchant Shipping Act, 1958, in so 1 of 2021. 44 of 1958. far as they relate to ports. Power of Central 76. (1) The Central Government may, by notification and subject to the Government to condition of previous publication, make rules to carry out the provisions of this Act. make rules. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the salary and allowances and other conditions of service of the employees of the Council under sub-section (2) of section 7; (b) other officers of the port to be appointed under sub-section (2) of section 18; (c) the terms and conditions of service of the officers under sub-section (3) of section 18; (d) the powers to be delegated by the conservator and the persons to whom such powers may be delegated under sub-section (6) of section 18; (e) the manner of removal or alteration of obstruction and factors for determining compensation under sub-section (5) of section 20; (f)the qualifications, experience and other terms and conditions of service of the health officer to be appointed under sub-section (2) of section 24;Sec. 1] THE GAZETTE OF IN2D3I A EXTRAORDINARY 23 (g) the measures to be taken at infected zone under clause (b) of sub-section (4) of section 24; (h) the factors to be considered by the conservator in determining the expenses to be paid under sub-section (2) of section 26; (i) the form and manner of receipt of fees or other charges under sub-section (2) of section 48; (j) the manner of appointment of conservator from a body of persons under sub-section (2) of section 54; (k)the obligations to be discharged by the ports under section 72. 77. (1) The State Government may, by notification in the State Gazette and Power of State subject to the condition of previous publication, make rules to carry out the Government to make rules. provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the form and manner of making an application for adjudication of disputes referred to the State Maritime Board under sub-section (2) of section 16; (b)other matters in respect of which the State Maritime Board shall exercise powers of civil court under clause (d) of sub-section (4) of section 16; (c) other officers of the port to be appointed under sub-section (2) of section 18; (d)the terms and conditions of service of officers under sub-section (3) of section 18; (e) the powers to be delegated by the conservator and the persons to whom such powers may be delegated under sub-section (6) of section 18; (f) the manner of removal or alteration of obstruction and factors for determining compensation under sub-section (5) of section 20; (g)the qualification, experience and other terms and conditions of service of the health officer to be appointed under sub-section (2) of section 24; (h) the measures to be taken at infected zone under clause (b) of sub-section (4) of section 24; (i) the factors to be considered by the conservator in determining the expenses to be paid under sub-section (2) of section 26; (j) the form and manner of receipt of fees or other charges under sub-section (2) of section 48; (k) the manner of appointment of conservator from a body of persons under sub-section (2) of section 54. 78. (1) The Central Government in consultation with the State Governments Power of Central may, by notification, and subject to the condition of previous publication, make Government to make rules in rules to carry out the provisions of this Act. consultation (2) In particular, and without prejudice to the generality of the foregoing with State Governments. power, such rules may provide for all or any of the following matters, namely:— (a)the form and the manner of notification of any part of the navigable rivers or channels leading to ports under sub-clause (iii) of clause (a) of sub-section (3) of section 1;24 THE GAZETTE OF IN2D4I A EXTRAORDINARY [Part II— (b) the norms, form and manner of notifying a new port and altering port limits under sub-section (2) of section 11; (c)the action to be taken by the conservator and the directions to be issued to the persons under clause (a) of sub-section (5) of section 24; (d) the manner of reporting of disease by the master under clause (b) of sub-section (5) of section 24; (e) the conditions subject to which port shall provide reception facilities under section 36; (f) the form and manner of preparing port waste reception and handling plan under sub-section (1) of section 38; (g)the information about the port waste reception and handling plan and manner of communicating such information under sub-section (3) of section 38; (h) the form, manner and time for submitting an advance waste notice under section 39; (i) the conditions for delivery of vessel-generated waste under sub-section (1) of section 40; (j)the form and manner of issuance of waste delivery receipt under sub-section (2) of section 40; (k) the intervals and manner of conducting audit of ports under sub-section (1) of section 42; (l) the manner of reporting incidents under sub-section (1) of section 44; (m) the form, manner and time for reporting arrival of vessel at port under section 49; (n)the manner of reporting of incidents under section 67; (o)the provision of shore based welfare services under section 68. 79. (1) The Council may, by notification and subject to the condition of Power of Council to make previous publication, make regulations consistent with this Act and the rules made regulations. thereunder to carry out the provisions of this Act. (2)In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:— (a) the manner and conditions subject to which the Chairperson may invite persons to meetings of the Council under sub-section (3) of section 3; (b) the manner of transaction of business at meetings of the Council under sub-section (4) of section 3; (c) any such other matters which is to be, or may be, specified by regulations. Power of 80.(1) The Council may, by notification, issue such guidelines consistent with Council to issue this Act and the rules made thereunder to carry out the provisions of this Act. guidelines. (2)In particular, and without prejudice to the generality of the foregoing power, such guidelines may provide for all or any of the following matters, namely:— (a) the data or information to be collected and manner of collection, storage, updation and submission of such data or information to the Council under item (A) of sub-clause (ii) of clause (b) of sub-section (1) of section 6;Sec. 1] THE GAZETTE OF IN2D5I A EXTRAORDINARY 25 (b) the manner of dissemination of information, records, data and research studies relating to ports, under item (B) of sub-clause (ii) of clause (b) of sub-section (1) of section 6; (c) the matters in relation to the transparency of port tariff and its components under sub-section (4) of section 47; (d)such other matters as it may deem fit. 81.(1) Every rule made by the Central Government and every regulation made Laying of rules and regulations under this Act shall be laid, as soon as may be after it is made, before each House before of Parliament, while it is in session, for a total period of thirty days which may be Parliament and comprised in one session or in two or more successive sessions, and if, before the State expiry of the session immediately following the session or the successive sessions Legislature. aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation. (2)Every rule made by the State Government shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House. 82.No suit or other legal proceeding shall lie against the Central Government Protection of or the State Government or the Council or the Authority or the employees of the action taken in good faith. Government or the members or employees of the Council or the Authority, in respect of anything which is done or intended to be done or any action taken in good faith under this Act or any rules or regulations made thereunder. 83. (1) The Central Government may, by notification, amend column (4) of Power to amend Second the Second Schedule, increasing the amount of penalty which shall not exceed more Schedule. than twice the amount of penalty when the Act was first enacted. (2) Every notification issued under sub-section (1), shall be laid before each House of Parliament as soon as may be after it is issued. 84.(1) If any difficulty arises in giving effect to the provisions of this Act, the Power to remove Central Government may, by order published in the Official Gazette, make such difficulties. provisions not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of a period of three years from the date of commencement of this Act. (2)Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament. 15 of 1908. 85.(1) The Indian Ports Act, 1908 is hereby repealed. Repeal and savings. (2)Notwithstanding such repeal,— (a) any notification, rule, regulation, bye-law, order or exemption made, issued or granted under the Act so repealed shall have effect as if it had been made, issued or granted under the provisions of this Act, till new notification, rule, regulation, bye-law, order or exemption is made, issued or granted under this Act; (b)any office established or created, officer or person appointed and any body constituted under the Act so repealed shall continue and shall be deemed to have been established, created, appointed or constituted under this Act; (c)any document referring to the Act so repealed shall be construed as referring to this Act or to the provision of this Act;26 THE GAZETTE OF IN2D6I A EXTRAORDINARY [Part II— (d)any fine or penalty levied under the Act so repealed may be recovered as if it had been levied under this Act; (e)any offence committed under the Act so repealed may be prosecuted and punished as if it had been committed under this Act; (f) any proceeding pending before any court under the Act so repealed may be tried or disposed of under the corresponding provisions of this Act; (g)any inspection, investigation or inquiry ordered to be done under the provisions of the Act so repealed shall continue to be proceeded with as if such inspection, investigation or inquiry is ordered to be done under the corresponding provisions of this Act. (3) The mention of particular matters in this section shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897, with regard to the effect of repeals. 10 of 1897.Sec. 1] THE GAZETTE OF IN2D7I A EXTRAORDINARY 27 THE FIRST SCHEDULE [See section 53(2)] Punishment for certain offences Serial Offences Section to which Punishment No. offence is referred (1) (2) (3) (4) 1. If any port 10 Fine which may commences or carries extend to one lakh on operations in rupees and in addition, contravention of a fine which may section 10 extend to ten thousand rupees for every day during which the offence continues after conviction. 2. If any port other 15(3) In case of than major port or contravention by port port officer fails to officer, fine which comply with may extend to ten directions of the State thousand rupees and Maritime Board in addition, fine not under sub-section (3) exceeding one of section 15 thousand rupees for every day during which the offence continues after conviction. In case of contravention by port, fine which may extend to two lakh rupees and in addition, fine not exceeding twenty thousand rupees for every day during which the offence continues after conviction. 3. If any master of a 27 Imprisonment vessel fails to permit which may extend to warps or hawsers to be six months or fine made fast or let go of which may extend to any warps or hawsers one lakh rupees or in contravention of both. section 27 4. If master omits to 28 Imprisonment take order to which may extend to extinguish the fire or six months or fine obstructs the which may extend to conservator or any one lakh rupees or person in both. extinguishing or attempting to extinguish the fire, in contravention of section 28 2728 THE GAZETTE OF IN2D8I A EXTRAORDINARY [Part II— (1) (2) (3) (4) 5. If any person does 29(1) Imprisonment or omits to do any act which may extend to relating to safety of six months or fine vessels in which may extend to contravention of one lakh rupees or sub-section (1) of both. section 29 6. If the master of the 29(2) Imprisonment vessel causes or which may extend to suffer any warp or six months or fine hawser attached to his which may extend to vessel to be left out in one lakh rupees or any port in both. contravention of sub- section (2) of section 29 7. If any person 29(3) Imprisonment commits any act in which may extend to contravention of sub- six months or fine section (3) of which may extend to section 29 one lakh rupees or both. 8. If any 30 Imprisonment unauthorised person which may extend to searches for lost six months or fine stores in which may extend to contravention of one lakh rupees or section 30 both. 9. If any person 31 Imprisonment injures any bank or which may extend to shore in six months or fine contravention of which may extend to section 31 one lakh rupees or both. 10. If any port fails to 36 Fine which may provide adequate extend to two lakh reception facilities in rupees. contravention of section 36 11. If any port fails to 37 Fine which may comply with extend to one lakh directions of the rupees and in addition, Central Government fine which may extend under section 37 to twenty thousand rupees for every day during which the offence continues after conviction. 12. If any port fails to 38(1) Fine which may prepare a port waste extend to one lakh reception and rupees. handling plan in contravention of sub-section (1) of section 38Sec. 1] THE GAZETTE OF IN2D9I A EXTRAORDINARY 29 (1) (2) (3) (4) 13. If any port fails to 38(2) Fine which may implement the extend to one lakh approved port waste rupees. reception and handling plan in contravention of sub- section (2) of section 38 14. If any port fails to 38(3) Fine which may communicate any extend to twenty information to thousand rupees. vessels in contravention of sub-section (3) of section 38 15. If any port fails to 44(1) Fine which may report the particulars extend to one lakh of any incident in rupees. contravention of sub-section (1) of section 44 16. If any port fails to 44(2) Fine which may comply with the extend to one lakh directions issued by rupees and in addition, the Central fine which may extend Government under to ten thousand rupees sub-section (2) of for every day during section 44 which the offence continues after conviction. 17. If any port fails to 66(1) Fine which may prepare a safety, extend to two lakh security, disaster rupees. management and pollution incident emergency preparedness and response plan in contravention of sub- section (1) of section 66 18. If any port fails to 66(4) Fine which may comply with the extend to two lakh directions issued by the rupees. conservator in contravention of sub- section (4) of section 66 19. If any port fails to 67 Fine which may report particulars of extend to one lakh any incident in rupees. contravention of section 67 20. If any port fails to 68 Fine which may provide shore based extend to twenty welfare services in thousand rupees. contravention of section 6830 THE GAZETTE OF IN3D0I A EXTRAORDINARY [Part II— (1) (2) (3) (4) 21. If any port fails to 69(1) Fine which may comply with extend to fifty directions of the thousand rupees. Central Government issued under sub-section (1) of section 69 22. If any port fails to 69(2) Fine which may develop or maintain a extend to one lakh vessel traffic service rupees. in contravention of sub-section (2) of section 69 23. If any port fails to 71 Fine which may obtain prior clearance extend to fifty in contravention of thousand rupees. section 71Sec. 1] THE GAZETTE OF IN3D1I A EXTRAORDINARY 31 THE SECOND SCHEDULE [See section 53(3)] Penalty for certain contraventions Serial No. Contravention Section Penalties (1) (2) (3) (4) 1. If any person refuses 19 Penalty which may or neglects to obey any extend to fifty thousand direction of the rupees and in addition, conservator issued under penalty not exceeding five section 19 thousand rupees for every day during which the contravention continues after conviction. 2. If any owner has 20 Penalty which may without lawful excuse extend to two lakh rupees caused any obstruction or and in addition, penalty impediment under not exceeding twenty section 20 thousand rupees for every day during which the contravention continues after conviction. 3. If any master of a 22(1) Penalty which may vessel or any other extend to one lakh rupees. person lifts the buoys or moorings without assistance of the conservator in contravention of sub- section (1) of section 22 4. If the master of the 23 Penalty which may vessel, or any person in extend to ten thousand possession or occupation rupees for the first offence of the building or place, and in addition, penalty without lawful excuse, not exceeding ten refuses to allow the thousand rupees for every conservator or any day during which the person to board or enter contravention continues. such vessel, building or place in contravention of section 23 5. If any person without 26(1) Penalty which may lawful excuse, removes, extend to one lakh rupees destroys or damages any and in addition, expenses property in contravention for any loss, destruction or of sub-section (1) of damage suffered by the section 26 port, including expenses of any inspection or survey carried out. 6. If any owner or master 32(1) Penalty which may of a vessel enters, leaves extend to two lakh rupees. or moves in any port in contravention of sub- section (1) of section 32 3132 THE GAZETTE OF IN3D2I A EXTRAORDINARY [Part II— (1) (2) (3) (4) 7. If any operator, agent or 39 Penalty which may master of a vessel fails to extend to twenty thousand submit an advance waste rupees. notice in contravention of section 39 8. If any master of a 40(1) Penalty which may vessel fails to deliver all extend to one lakh rupees. its vessel-generated waste to a reception facility in contravention of sub-section (1) of section 40 9. If the owner or master 41 Penalty which may of any vessel fails to pay extend to twenty thousand the charges payable or rupees and in addition, fails to comply with the penalty which may extend conditions under to two thousand rupees for section 41 every day during which the contravention continues. 10. If any person fails to 43 Penalty which may upload information on the extend to ten thousand portal in contravention of rupees. section 43 11. If the Authority or 47(2) Penalty which may concessionaire or person extend to fifty thousand or body of persons fails rupees and in addition, to publish the port tariff penalty which may extend in contravention of sub- to five thousand rupees for section (2) of section 47 every day during which the contravention continues. 12. If any owner, agent or 49 Penalty which may master of a vessel fails to extend to twenty thousand report the arrival of a rupees. vessel in contravention of section 49 13. If any master of a 52(1) Penalty which may vessel fails to pay any extend to twice the amount fees or other charges in of fees or other charges contravention of sub- due, subject to a minimum section (1) of section 52 of twenty thousand rupees. 14. If any person fails to 57 Penalty which may furnish or furnishes extend to two lakh rupees information in and in addition, penalty contravention of which may extend to two section 57 thousand rupees for every day during which such default continues. 15. If the master of any 65 Penalty which may vessel unlawfully hoists extend to twenty thousand or fails to hoist any flag rupees. in contravention of section 65Sec. 1] THE GAZETTE OF IN3D3I A EXTRAORDINARY 33 THE THIRD SCHEDULE [See section 13(1)] State Maritime Boards constituted or established under State Acts Serial No. Name of State Name of State Act Date of Maritime Board establishment (1) (2) (3) (4) 1. Gujarat Gujarat Maritime The 3rd Maritime Board Board Act, 1981 November, 1981 (Gujarat Act No. 30 of 1981) 2. Maharashtra Maharashtra The 4th October, Maritime Board Maritime Board Act, 1996 1996 (Maharashtra Act XV of 1997) 3. Tamil Nadu Tamil Nadu The 18th March, Maritime Board Maritime Board Act, 1997 1995 (Tamil Nadu Act No. 4 of 1996) 4. The West West Bengal The 1st October, Bengal Maritime Maritime Board Act, 2015 Board 2000 (West Bengal Act XXX of 2000) 5. Karnataka Karnataka The 9th Maritime Board Maritime Board Act, September, 2019 2015 (Karnataka Act 41 of 2017) 6. Kerala Kerala Maritime The 2nd Maritime Board Board Act, 2017 February, 2018 (Kerala Act 16 of 2017) 7. Andhra Pradesh Andhra Pradesh The 16th Maritime Board Maritime Board Act, December, 2019 2018 (Andhra Pradesh Act No. 16 of 2019) 8. Odisha State Odisha State The 28th March, Maritime Board Maritime Board Act, 2022 2022 (Odisha Act No. 01 of 2022) ————— The above Bill has been passed by the Houses of Parliament. DR. RAJIV MANI, Secretary to the Govt. of India. Dated the Deputy Chairman. ————— I assent to this Bill. UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002 AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054. Dated the President. MGIPMRND—168GI(S4)—22-8-2025. 33