The Indian Ports Act, 1908

(1) This Act may be called the Indian Ports Act, 1908. (2) It shall extend, save as otherwise appears from its subject or context,-- (a) to the ports mentioned in the first schedule, and to such parts of the navigable riversand channels leading to such ports respectively as have been declared to be subject to ActXXII of 1855 (for the Regulation of Ports and Port-dues) or to the Indian Ports Act, 1875 (12of 1875), or to the Indian Ports Act, 1889 (10 of 1889); (b) to the other ports or parts of navigable rivers or channels to which the1[Government], in exercise of the power hereinafter conferred, extends this Act. (3) But nothing in section 31 or section 32 shall apply to any port, river or channel to which thesection has not been specially extended by the 1[Government].

Nothing in this Act shall-- (i) apply to any vessel belonging to, or in the service of, 1[the Central Government]or a State Government 2*** or to any vessel of war belonging to any Foreign Prince orState, or (ii) deprive any person of any right of property or other private right, except as hereinafterexpressly provided, or (iii) affect any law or rule relating to the customs or any order or direction lawfullymade or given pursuant thereto.

In this Act, unless there is anything repugnant in the subject orcontext,-- 1[(1) "Magistrate" means a person exercising powers under the Code of Criminal Procedure, 1973(2 of 1974);] (2) "master", when used in relation to any vessel 2[or any aircraft making use of anyport], means, subject to the provisions of any other enactment for the time being in force,any person (except a pilot or harbour-master 2[of the port]) having for the time being thecharge or control of the vessel 6[or the aircraft, as the case may be]; (3) "pilot" means a person for the time being authorised by the 3[Government] to pilot vessels; (4) "port" includes also any part of a river or channel in which this Act is for the time being inforce; (5) "port officer" is synonymous with master-attendant; 4[(6) "ton" means a ton as determined or determinable by the rules made undersection 74 of the Merchant Shipping Act, 1958 (44 of 1958), for regulating themeasurement of the gross tonnage of ships;] (7) "vessel" includes anything made for the conveyance 5[mainly] by water of human beings or ofproperty; 6[(8) "major port" means any port which the Central Government may by notification inthe Official Gazette declare, or may under any law for the time being in force ha vedeclared, to be a major port; 7[and] (9) "Government", as respects major ports, for all purposes, and, a s respects otherports, for the purposes of making rules under clause (p) of section 6 (1) and of theappointment and control of port health-officers under section 17, means the CentralGovernment, and save as aforesaid, means the State Government.] 8* * * * *

1[4. Power to extend or withdraw the Act or certain portions thereof.--(1)2*** The 1[Government]1[Government] may, by notification in the Official Gazette,-- (a) extend this Act to any port3in which this Act is not in force or to any part of anynavigable river or channel which leads to a port and in which this Act is not in force; (b) specially extend the provisions of section 31 or section 32 to any port to which they have notbeen so extended; (c) withdraw this Act or section 31 or section 32 from any port or any part thereof in which it isfor the time being in force. (2) A notification under clause (a) or clause (b) of sub-section (1) shall define the limits of the area towhich it refers.(3) Limits defined under sub-section (2) may include any piers, jetties, landing-places, wharves, quays, docks and other works made on behalf of the public for convenience of traffic,for safety of vessels, or for the improvement, maintenance or good government of the port and itsapproaches, whether within or without high-water-mark, and, subject to any rights of privateproperty therein, any portion of the shore or bank within fifty yards of high-water-mark. (4) In sub-section (3) the expression “high-water-mark” means the highest point reached by ordinaryspring tides at any season of the year.

(1) The 1[Government] may, 2*** subject to any rights ofprivate property, alter the limits of any port in which this Act is in force. 3[Explanation.--For the removal of doubts, it is hereby declared that the power coffered on theGovernment by this sub-section includes the power to alter the limits of any port by uniting with that portany other port or any part of any other port.] (2) When the 4[Government] alters the limits of a port under sub-section (1), it shall declare ordescribe, by notification in the Official Gazette, and by such other means, if any, as it thinks fit, theprecise extent of such limits.