The Indian Ports Act 2025
Administered Ministry: Ministry of Ports, Shipping and Waterways
Section
Section 21 Power to specify restrictions on activities within port limits.
The Government may, by notification, specify restrictions on certain activities within port limits which may cause any impediment to the navigation in a port.
Section 22 Fouling of moorings.
(1) If any vessel hooks or gets foul of any of the buoys or moorings laid down by the conservator in a port, the master of such vessel or any other person 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.
(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.
Section 23 Power to board vessels and enter buildings.
(1) The conservator, or any person appointed under this Act to receive fees or charges related to any vessel, may, when necessary for the performance of duties 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.
(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.
Section 24 Appointment and powers of health officer and prevention of contagious diseases.
(1) The Government may appoint an empanelled medical practitioner as the health officer to carry out the functions of the health officer at any port.
(2) The health officer shall possess such qualification, experience and be subject to such other terms and conditions of service as may be prescribed by the 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,---
(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.
(2) The health officer shall possess such qualification, experience and be subject to such other terms and conditions of service as may be prescribed by the 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,---
(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.
Section 25 Indemnity of Government against act or default of port officers or pilot.
The Government shall not be liable for any act or default of any conservator, harbour master or other port officers or of any deputy or assistant of any of the authorities aforesaid or of any person acting under the control or direction 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.
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.
Section 26 Damage to property of port.
(1) No person shall, without lawful excuse, remove, destroy or damage 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.
(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.
Section 27 Warping.
Every master of a vessel in any port shall, when directed by the 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.
Section 28 Master to take order to extinguish fire.
Every master of a vessel lying in any port shall take order to extinguish any fire on the vessel, and co-operate with the conservator or any person acting under the authority of the conservator, in extinguishing or attempting to extinguish any fire on the vessel.
Section 29 Offences in connection with safety of vessels, etc.
(1) No person shall wilfully and without lawful excuse---
(a) loosen or remove from its moorings or from its fastenings any vessel in 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; or
(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 por limits, if such act is prohibited by the Government, or contrary to the orders or directions of the conservator.
(a) loosen or remove from its moorings or from its fastenings any vessel in 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; or
(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 por limits, if such act is prohibited by the Government, or contrary to the orders or directions of the conservator.
Section 30 Unauthorised person not to search for lost stores.
No person, without the permission of the conservator shall, in any port, creep or sweep for anchors, cables or other stores lost or supposed to be lost therein.
Section 31 Injuring banks or shores of port prohibited.
No person shall, except with the permission of the conservator and under the supervision of such person as may be appointed by the conservator, in any port,---
(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.
(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.
Section 32 Moving of vessels without pilot or permission of harbour master or port officer.
(1) No vessel shall enter, leave or be moved in any port without having a pilot, harbour master or any port officer on board, unless,---
(a) upon application to the proper officer the master was unable to procure a pilot, harbour master or port officer to go on board the vessel;
(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.
(a) upon application to the proper officer the master was unable to procure a pilot, harbour master or port officer to go on board the vessel;
(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.
Section 33 Port officer to co-operate in manoeuvres for defence of port.
A port officer shall, if required by an officer authorised by a general or special order of the Central Government, co-operate as directed by the officer, in carrying out manoeuvres related to the defence of the port in time of war, or for 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.
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.
Section 34 Authority and Director-General to regulate certain activities.
(1) The Authority may issue guidelines for the purposes of regulating the following matters and activities, namely:---
(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).
(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).
Section 35 Definitions.
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;
(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.
(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;
(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.
Section 36 Reception facilities.
Every port shall provide reception facilities adequate to meet the needs of vessels without causing undue delay to vessels, in compliance with the provisions 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.
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.
Section 37 Direction to provide adequate reception facilities.
Where in respect of any port it appears to the Central Government, on the basis of the audit conducted under section 42 or otherwise, that the 19 port has no reception facilities or if the port has such facilities, those facilities are not adequate 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.
Section 38 Port waste reception and handling plans.
(1) Every port shall prepare a port waste reception and handling plan in such form and manner as may be prescribed by the Central Government in 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.
(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.
Section 39 Advance waste notice.
The operator, agent or master of a vessel bound for India shall submit an advance waste notice to the port of call in such form and manner and within such time period as may be prescribed by the Central Government in consultation with the State Government.
Section 40 Delivery of vessel-generated waste.
(1) Subject to such conditions as may be prescribed by the Central Government in consultation with the State Government, the master of a vessel 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.
(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.