The Indian Ports Act 2025
Administered Ministry: Ministry of Ports, Shipping and Waterways
Section 41 Charges for vessel-generated waste.
(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 subsection (1).
Section 42 Audit of ports.
(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.
Section 43 Maintenance of information on 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.
Section 44 Measures for prevention or containment of pollution.
(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 (80 of 1976), or any other law for time being in force.
Section 45 Directions for securing compliance.
Section 46 Levy of fees and other charges.
(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;
(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.
Section 47 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 the Companies Act, 2013 (18 of 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.
Section 48 Receipt of fees or other charges.
(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.
Section 49 Owner, agent or master to report arrival.
Section 50 Detention and sale on refusal to pay fees or other charges.
(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.
Section 51 Grant of port-clearance.
Section 52 Master not to evade payment 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.
Section 53 Offences and penalties.
(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.
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.
Section 53A Compounding of certain offences.
1[53A. Compounding of certain offences.—(1) Notwithstanding anything contained in the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), the offences under sub-section (3) of section 29, section 30 and section 31, which are punishable to the extent of punishment specified in the First Schedule under sub-section (2) of section 53 of this Act may, before or after the institution of prosecution, be compounded by the conservator on payment for credit to the appropriate Government of such sum and in such manner as may be notified by the appropriate Government:
Provided that such sum shall not, in any case, exceed the maximum amount of the fine which may be imposed under this Act for the offences so compounded:
Provided further that in case of second and subsequent offence, the same shall not be compounded.
(2) The officer referred to in sub-section (1) shall exercise the powers to compound an offence, subject to the direction, control and supervision of the appropriate Government.
(3) Every application for the compounding of an offence shall be made in such form and manner as may be notified by the appropriate Government.
(4) Where any offence is compounded before the institution of any prosecution, no prosecution shall be instituted against the offender in relation to whom the offence is so compounded.
(5) Where the compounding of any offence is made after the institution of any prosecution, such composition shall be brought by the officer referred to in sub-section (1), in writing, to the notice of the court in which the prosecution is pending and on such notice for compounding the offence being given, the person against whom the offence is so compounded shall be discharged.
(6) Any person who fails to comply with an order of compounding made by the officer referred to in sub-section (1), shall be liable to pay a sum equivalent to twenty per cent. of the maximum fine provided for the offence, in addition to fine provided for the said offence.
(7) No offence punishable under this Act shall be compounded except in accordance with the provisions of this section.]
1. Ins. by Act 8 of 2026, s. 2 and Sch. (w.e.f. 01.07.2026).
Section 54 Authority for imposition of penalty and procedure therefor.
1[54. Authority for imposition of penalty and procedure therefor.— (1) The authority for imposing the penalty under the Second Schedule with regard to contravention listed under sub-section (3) of section 15, where the contravention is by port officer, shall be the conservator and where the contravention is by the port, shall be such officer, as may be notified by the State Government.
(2) For the purpose of imposition of penalty under this Chapter, where the 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 authority for imposing the penalty under the Second Schedule with regard to contraventions listed under section 19, section 20, sub-section (1) of section 22, section 23, sub-section (1) of section 26, sub-section (1) of section 32, section 39, sub-section (1) of section 40, section 41, section 43, sub-section (2) of section 47, section 49, sub-section (1) of section 52, section 57, section 65 shall be the conservator.
(4) The authority for imposing the penalty under the Second Schedule with regard to section 36, section 37, sub-section (1) of section 38, sub-section (2) of section 38, sub-section (3) of section 38, sub-section (1) of section 44, sub-section (2) of section 44, sub-section (1) of section 66, sub-section (4) of section 66, section 67, section 68, sub-section (1) of section 69 and sub-section (2) of section 69 shall be the concerned principal officer under the Merchant Shipping Act, 2025 (24 of 2025).
(5) Before imposing any penalty specified under the Second Schedule, the parties shall be given an opportunity of being heard.
(6) Every order of imposition of penalty under this section shall be in writing.]
1. Subs. by Act 8 of 2026, s. 2 and Sch., for s. 54 (w.e.f. 01.07.2026)
Section 55 Cognizance of offences.
Section 56 Penalty for wilful failure to comply with orders of Dispute Resolution Committee.
Section 57 Penalty for failure to furnish information, etc.
(a) make any statement or furnish any document which the person knows 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.
Section 58 Recovery of fine or penalty.
Any fine imposed by the Magistrate under the First Schedule, or, penalty imposed 1*** under the Second Schedule, may be recovered by distress and sale of the vessel or part thereof, as may be deemed necessary.
1. The words “by the conservator” omitted by Act 8 of 2026, s. 2 and Sch. (w.e.f. 01.07.2026)
Section 59 Recovery of expenses and damages.
(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.