The Indian Ports Act 2025
Administered Ministry: Ministry of Ports, Shipping and Waterways
Section
Section 1 Short title, commencement and application.
(1) This Act may be called the Indian Ports Act, 2025.
(2) It shall come into force on such date1 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.
(2) It shall come into force on such date1 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.
1.1st April, 2026, vide Notifin. No. S.O. 1499(E), dated 23rd March, 2026, Extraordinary, see Gazette of India, Part II 3(ii).
Section 2 Definitions.
(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 (18 of 2013); and
(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 (1 of 2021), for each major port;
(d) "Chairperson" means the Chairperson of the Council;
(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 Maritime Zones Act, 1976 (80 of 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 Ports Act, 1908 (15 of 1908) applied, immediately before the commencement of this Act;
(l) "Magistrate" means a person exercising powers of the Magistrate under the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 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;
(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,---
(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, semisubmersible, 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 Major Port Authorities Act, 2021 (1 of 2021) or the Merchant Shipping Act, 1958 (44 of 1958), shall have the meanings respectively assigned to them in those Acts.
(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 (18 of 2013); and
(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 (1 of 2021), for each major port;
(d) "Chairperson" means the Chairperson of the Council;
(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 Maritime Zones Act, 1976 (80 of 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 Ports Act, 1908 (15 of 1908) applied, immediately before the commencement of this Act;
(l) "Magistrate" means a person exercising powers of the Magistrate under the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 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;
(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,---
(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, semisubmersible, 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 Major Port Authorities Act, 2021 (1 of 2021) or the Merchant Shipping Act, 1958 (44 of 1958), shall have the meanings respectively assigned to them in those Acts.
Section 3 Establishment of Council.
(1) The Central Government shall, by notification, establish, for the purposes of this Act, a Council to be called the Maritime State Development 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.
(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.
Section 4 Powers of Chairperson.
The Chairperson shall have the powers of general superintendence and 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.
Section 5 Vacancies, etc., not to invalidate proceedings of Council.
No act or proceeding of the Council shall be invalid merely by reason of,---
(a) any vacancy in, or any defect in the constitution of, the Council; or
(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.
(a) any vacancy in, or any defect in the constitution of, the Council; or
(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.
Section 6 Functions of Council.
(1) The Council shall,— (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.
Section 7 Employees of Council.
(1) The Central Government may make available to the Council such officers and employees as it considers necessary for the efficient discharge of the 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.
(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.
Section 8 Grants by Central Government.
The Central Government may, after due appropriation made by Parliament by law in this behalf, make to the Council grants of such sums of money as are required by it to discharge its functions under this Act.
Section 9 Delegation of powers of Council.
The Council may, by general or special order in writing, delegate to any member or employee of the Council, subject to such conditions, if any, as may be 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.
Section 10 Port operations.
No port shall commence or carry on operations therein unless it is,---
(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.
(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.
Section 11 Notification of new port and alteration of port limits.
(1) The Government may notify a new port and alter the limits of any port:
Provided that any notification issued under this sub-section for alteration of 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).
Provided that any notification issued under this sub-section for alteration of 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).
Section 12 Adherence to national perspective plan and guidelines issued by Council.
(1) The Central Government may formulate a national perspective plan so as to meet the requirements of the maritime trade and to prioritise associated infrastructure development.
(2) The Central Government, State Governments and the Authority shall endeavour to adhere to the national perspective plan formulated by the Central Government and the guidelines issued by the Council.
(2) The Central Government, State Governments and the Authority shall endeavour to adhere to the national perspective plan formulated by the Central Government and the guidelines issued by the Council.
Section 13 Establishment of State Maritime Board.
(1) Every State Maritime Board established or constituted by the State Government under the Acts specified in the Third Schedule, shall be deemed to be 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:
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.
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:
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.
Section 14 Transfer of assets and liabilities, etc.
(1) On and from the date of establishment or the date of notification of the State Maritime Board under sub-section (1) of section 13, the State Government 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.
(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.
Section 15 Functions of State Maritime Board.
(1) Every State Maritime Board shall be responsible for the effective administration, control and management of ports other than major ports within the 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;
(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.
(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;
(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.
Section 16 Resolution of disputes.
(1) Every State Government shall, by notification, constitute a Dispute 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 subsection (1), have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 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.
(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 subsection (1), have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 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.
Section 17 Civil court not to have jurisdiction.
No civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the Dispute Resolution Committee is empowered by or under this Act to determine.
Section 18 Appointment of conservator, harbour master and other port officers.
(1) The Government shall appoint such officers or body of persons to be the conservator for every port, or for two or more ports.
(2) Every port shall appoint a harbour master or such other officers of the port as may be prescribed by the appropriate Government.
(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.
(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.
(2) Every port shall appoint a harbour master or such other officers of the port as may be prescribed by the appropriate Government.
(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.
(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.
Section 19 Powers of conservator to issue directions.
(1) Subject to the provisions of this Act, the conservator may, with respect to any vessel within the port, issue such directions as may be necessary for carrying 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.
(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.
Section 20 Removal of obstructions within port limits.
(1) The conservator may remove, or cause to be removed, either on his own or through external agency or through a port officer, any obstruction in any part of a port, which in his opinion obstructs the operation of a port or part thereof or any 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.
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.
(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.
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.