The Indian Ports Act 2025
Administered Ministry: Ministry of Ports, Shipping and Waterways
Section
Section 60 Cost of distress.
Whenever any penalty, fine, expenses or damages is or are levied under this Act by distress and sale, the cost of distress and sale may be levied in addition to such penalty, fine, expenses or damages, and in the same manner.
Section 61 Magistrate to determine amount to be levied in case of dispute.
If any dispute arises concerning the amount leviable by any distress or arrest under this Act or the costs payable under section 60, the person making the distress or arrest may detain the goods seized or arrested, or the proceeds of the sale thereof, until the amount to be levied has been determined by a Magistrate who, upon an application made for that purpose, may determine the amount and award such costs to be paid by either of the parties to the other of them as the Magistrate may deem reasonable and payment of such costs if not paid on demand, shall be enforced as if they were a fine.
Section 62 Place of trial and jurisdiction.
(1) Any person committing any offence under this Act may be tried for such offence in any place in which that person may be found, or before any Magistrate having jurisdiction over any district or place adjoining the port in which the offence takes place, or in any court in which that person may be tried under any other law for time being in force.
(2) The Magistrate referred to in sub-section (1) may exercise all the powers of a Magistrate under this Act in the same manner and to the same extent as if the offence had been committed locally within the limits of his jurisdiction, notwithstanding that the offence may not have been committed locally within such limits and in case any such Magistrate exercises the jurisdiction hereby vested in him, the offence shall be deemed, for all purposes, to have been committed locally within the limits of his jurisdiction.
(2) The Magistrate referred to in sub-section (1) may exercise all the powers of a Magistrate under this Act in the same manner and to the same extent as if the offence had been committed locally within the limits of his jurisdiction, notwithstanding that the offence may not have been committed locally within such limits and in case any such Magistrate exercises the jurisdiction hereby vested in him, the offence shall be deemed, for all purposes, to have been committed locally within the limits of his jurisdiction.
Section 63 Offences by companies.
(1) Where any offence under this Act has been committed by a company, every person who, at the time the offence was committed, was directly in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.---For the purpose of this section,---
(a) "company" means anybody corporate and includes a co-operative society, a firm, a limited liability partnership registered under the Limited Liability Partnership Act, 2008 (6 of 2009) or other association of individuals; and
(b) "director", in relation to a firm, means a partner in the firm.
Provided that nothing in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Explanation.---For the purpose of this section,---
(a) "company" means anybody corporate and includes a co-operative society, a firm, a limited liability partnership registered under the Limited Liability Partnership Act, 2008 (6 of 2009) or other association of individuals; and
(b) "director", in relation to a firm, means a partner in the firm.
Section 64 Service of documents.
(1) Where, for the purposes of this Act any document is to be served on any person, that document may be served in any case by delivering a copy thereof personally to the person to be served or by leaving the same at his last place of residence, or by post.
(2) If the document is to be served---
(a) on the harbour master of a port, where there is one, by leaving the same for him at the port, with the person being or appearing to be in command of the port;
(b) on the master of a vessel, where there is one, by leaving the same for him on board that vessel, with the person being or appearing to be in command or charge of the vessel; and
(c) on the master of a vessel, or if there is no master and the vessel is in India, on the owner of the vessel, or, if such owner is not in India, on any agent of the owner residing in India, or, where no such agent is known or can be found, by affixing a copy thereof on the vessel or at a suitable place on the bridge.
(2) If the document is to be served---
(a) on the harbour master of a port, where there is one, by leaving the same for him at the port, with the person being or appearing to be in command of the port;
(b) on the master of a vessel, where there is one, by leaving the same for him on board that vessel, with the person being or appearing to be in command or charge of the vessel; and
(c) on the master of a vessel, or if there is no master and the vessel is in India, on the owner of the vessel, or, if such owner is not in India, on any agent of the owner residing in India, or, where no such agent is known or can be found, by affixing a copy thereof on the vessel or at a suitable place on the bridge.
Section 65 Hoisting unlawful colours in port.
(1) In any port where hoisting is mandated by the conservator, no vessel shall hoist, carry or wear, any flag, jack, pennant or colours, the use whereof is unlawful.
(2) Every foreign vessel calling at a port in India shall hoist the flag of the flag State of the vessel and the flag of the Republic of India.
(2) Every foreign vessel calling at a port in India shall hoist the flag of the flag State of the vessel and the flag of the Republic of India.
Section 66 Emergency preparedness and response plan.
(1) Every port shall frame an emergency preparedness and response plan for the purposes of safety, security, disaster management and pollution incidents in accordance with applicable law.
(2) The plan referred to in sub-section (1) shall be submitted to the Central Government for its approval in such manner as may be directed by the Central Government in consultation with the State Government.
(3) The Central Government may grant approval to the plan after taking into consideration such factors as may be notified by the Central Government in consultation with the State Government.
(4) The conservator may issue directions for the implementation of the approved plan and the Central Government may audit such implementation.
(5) The Central Government may, either suo motu or on the basis of an audit under sub-section (4), issue directions to any person in order to ensure compliance with the provisions of this section and put in place a national emergency response mechanism.
(2) The plan referred to in sub-section (1) shall be submitted to the Central Government for its approval in such manner as may be directed by the Central Government in consultation with the State Government.
(3) The Central Government may grant approval to the plan after taking into consideration such factors as may be notified by the Central Government in consultation with the State Government.
(4) The conservator may issue directions for the implementation of the approved plan and the Central Government may audit such implementation.
(5) The Central Government may, either suo motu or on the basis of an audit under sub-section (4), issue directions to any person in order to ensure compliance with the provisions of this section and put in place a national emergency response mechanism.
Section 67 Reporting of incident.
Every port shall report the particulars of any incident such as property damage, vessels sinking, vessel collisions or fire, in such manner as may be prescribed by the Central Government in consultation with the State Government
Section 68 Shore based welfare services for seafarers.
Every port shall provide such shore based welfare services as may be prescribed by the Central Government in consultation with the State Government, for seafarers of vessels calling at the port.
Section 69 Port community system and vessel traffic service.
(1) The Central Government may, by notification, direct a port to adopt a mechanism for electronically integrating such port related data as may be notified by the Central Government in consultation with the State Government, with the port community system or any other centralised system.
(2) Every port shall maintain vessel traffic service within the port limits in accordance with applicable law.
Explanation.---For the purposes of this section, the expressions,---
(a) "port community system" means a secure electronic system integrating the trade related information submitted and exchanged therein, serving as a centralised portal for ports and other relevant stakeholders in accordance with the Convention on Facilitation of International Maritime Traffic, 1965 or any other requirement as may be directed by the Central Government;
(b) "vessel traffic service" shall have the same meaning as assigned to it in the Marine Aids to Navigation Act, 2021 (20 of 2021).
(2) Every port shall maintain vessel traffic service within the port limits in accordance with applicable law.
Explanation.---For the purposes of this section, the expressions,---
(a) "port community system" means a secure electronic system integrating the trade related information submitted and exchanged therein, serving as a centralised portal for ports and other relevant stakeholders in accordance with the Convention on Facilitation of International Maritime Traffic, 1965 or any other requirement as may be directed by the Central Government;
(b) "vessel traffic service" shall have the same meaning as assigned to it in the Marine Aids to Navigation Act, 2021 (20 of 2021).
Section 70 Order for securing compliance.
The Central Government may issue directions to such port, port facility, port officer, or person, to ensure compliance with any other laws for the time being in force and the provisions of the Merchant Shipping Act, 1958 (44 of 1958) relating to the safety and security of port facilities.
Section 71 Prior clearance.
Any port undergoing a change in substantial ownership or effective control shall obtain a prior clearance from the Central Government or a person authorised by it, in such form and manner and within such time as may be notified by the Central Government in consultation with the State Government.
Section 72 Obligations of ports under international conventions.
Every port shall ensure that the obligations, under the international conventions to which India is a party and as prescribed by the Central Government, are discharged in accordance with such conventions.
Section 73 Notification of mega port.
(1) The Central Government may, in consultation with the State Government, by notification, specify the criteria for classification of a port as mega port.
(2) The Central Government may notify any major port, which satisfies the criteria notified under sub-section (1), as a mega port.
(3) The Central Government may, in consultation with the State Government, notify any port other than major port, which satisfies the criteria notified under sub-section (1), as a mega port.
(4) Notwithstanding its classification as a mega port under this section, a port shall retain its status as either a major port or a port other than a major port, as applicable, and shall continue to be governed by the respective laws applicable to such port.
(2) The Central Government may notify any major port, which satisfies the criteria notified under sub-section (1), as a mega port.
(3) The Central Government may, in consultation with the State Government, notify any port other than major port, which satisfies the criteria notified under sub-section (1), as a mega port.
(4) Notwithstanding its classification as a mega port under this section, a port shall retain its status as either a major port or a port other than a major port, as applicable, and shall continue to be governed by the respective laws applicable to such port.
Section 74 Chairperson, members, officers and employees of Council, etc., to be public servants.
All members, officers and other employees of the Council shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of clause (28) of section 2 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023).
Section 75 Application of certain laws.
The provisions of this Act shall be in addition to and not in derogation of, the Major Port Authorities Act, 2021 (1 of 2021) and the Merchant Shipping Act, 1958 (44 of 1958), in so far as they relate to ports.
Section 76 Power of Central Government to make rules.
(1) The Central Government may, by notification and subject to the condition of previous publication, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:---
(a) the salary and allowances and other conditions of service of the employees of the Council under sub-section (2) of section 7;
(b) other officers of the port to be appointed under sub-section (2) of section 18;
(c) the terms and conditions of service of the officers under sub-section (3) of section 18;
(d) the powers to be delegated by the conservator and the persons to whom such powers may be delegated under sub-section (6) of section 18;
(e) the manner of removal or alteration of obstruction and factors for determining compensation under sub-section (5) of section 20;
(f) the qualifications, experience and other terms and conditions of service of the health officer to be appointed under sub-section (2) of section 24;
(g) the measures to be taken at infected zone under clause (b) of sub-section (4) of section 24;
(h) the factors to be considered by the conservator in determining the expenses to be paid under sub-section (2) of section 26;
(i) the form and manner of receipt of fees or other charges under sub-section (2) of section 48;
(j) the manner of appointment of conservator from a body of persons under sub-section (2) of section 54; (k) the obligations to be discharged by the ports under section 72.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:---
(a) the salary and allowances and other conditions of service of the employees of the Council under sub-section (2) of section 7;
(b) other officers of the port to be appointed under sub-section (2) of section 18;
(c) the terms and conditions of service of the officers under sub-section (3) of section 18;
(d) the powers to be delegated by the conservator and the persons to whom such powers may be delegated under sub-section (6) of section 18;
(e) the manner of removal or alteration of obstruction and factors for determining compensation under sub-section (5) of section 20;
(f) the qualifications, experience and other terms and conditions of service of the health officer to be appointed under sub-section (2) of section 24;
(g) the measures to be taken at infected zone under clause (b) of sub-section (4) of section 24;
(h) the factors to be considered by the conservator in determining the expenses to be paid under sub-section (2) of section 26;
(i) the form and manner of receipt of fees or other charges under sub-section (2) of section 48;
(j) the manner of appointment of conservator from a body of persons under sub-section (2) of section 54; (k) the obligations to be discharged by the ports under section 72.
Section 77 Power of State Government to make rules.
(1) The State Government may, by notification in the State Gazette and subject to the condition of previous publication, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:---
(a) the form and manner of making an application for adjudication of disputes referred to the State Maritime Board under sub-section (2) of section 16;
(b) other matters in respect of which the State Maritime Board shall exercise powers of civil court under clause (d) of sub-section (4) of section 16;
(c) other officers of the port to be appointed under sub-section (2) of section 18;
(d) the terms and conditions of service of officers under sub-section (3) of section 18;
(e) the powers to be delegated by the conservator and the persons to whom such powers may be delegated under sub-section (6) of section 18;
(f) the manner of removal or alteration of obstruction and factors for determining compensation under sub-section (5) of section 20;
(g) the qualification, experience and other terms and conditions of service of the health officer to be appointed under sub-section (2) of section 24;
(h) the measures to be taken at infected zone under clause (b) of sub-section (4) of section 24;
(i) the factors to be considered by the conservator in determining the expenses to be paid under sub-section (2) of section 26;
(j) the form and manner of receipt of fees or other charges under sub-section (2) of section 48;
(k) the manner of appointment of conservator from a body of persons under sub-section (2) of section 54.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:---
(a) the form and manner of making an application for adjudication of disputes referred to the State Maritime Board under sub-section (2) of section 16;
(b) other matters in respect of which the State Maritime Board shall exercise powers of civil court under clause (d) of sub-section (4) of section 16;
(c) other officers of the port to be appointed under sub-section (2) of section 18;
(d) the terms and conditions of service of officers under sub-section (3) of section 18;
(e) the powers to be delegated by the conservator and the persons to whom such powers may be delegated under sub-section (6) of section 18;
(f) the manner of removal or alteration of obstruction and factors for determining compensation under sub-section (5) of section 20;
(g) the qualification, experience and other terms and conditions of service of the health officer to be appointed under sub-section (2) of section 24;
(h) the measures to be taken at infected zone under clause (b) of sub-section (4) of section 24;
(i) the factors to be considered by the conservator in determining the expenses to be paid under sub-section (2) of section 26;
(j) the form and manner of receipt of fees or other charges under sub-section (2) of section 48;
(k) the manner of appointment of conservator from a body of persons under sub-section (2) of section 54.
Section 78 Power of Central Government to make rules in consultation with State Governments.
(1) The Central Government in consultation with the State Governments may, by notification, and subject to the condition of previous publication, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:---
(a) the form and the manner of notification of any part of the navigable rivers or channels leading to ports under sub-clause (iii) of clause (a) of sub-section (3) of section 1;
(b) the norms, form and manner of notifying a new port and altering port limits under sub-section (2) of section 11;
(c) the action to be taken by the conservator and the directions to be issued to the persons under clause (a) of sub-section (5) of section 24;
(d) the manner of reporting of disease by the master under clause (b) of sub-section (5) of section 24;
(e) the conditions subject to which port shall provide reception facilities under section 36;
(f) the form and manner of preparing port waste reception and handling plan under sub-section (1) of section 38;
(g) the information about the port waste reception and handling plan and manner of communicating such information under sub-section (3) of section 38;
(h) the form, manner and time for submitting an advance waste notice under section 39;
(i) the conditions for delivery of vessel-generated waste under sub-section (1) of section 40;
(j) the form and manner of issuance of waste delivery receipt under sub-section (2) of section 40;
(k) the intervals and manner of conducting audit of ports under sub-section (1) of section 42;
(l) the manner of reporting incidents under sub-section (1) of section 44;
(m) the form, manner and time for reporting arrival of vessel at port under section 49;
(n) the manner of reporting of incidents under section 67;
(o) the provision of shore based welfare services under section 68.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:---
(a) the form and the manner of notification of any part of the navigable rivers or channels leading to ports under sub-clause (iii) of clause (a) of sub-section (3) of section 1;
(b) the norms, form and manner of notifying a new port and altering port limits under sub-section (2) of section 11;
(c) the action to be taken by the conservator and the directions to be issued to the persons under clause (a) of sub-section (5) of section 24;
(d) the manner of reporting of disease by the master under clause (b) of sub-section (5) of section 24;
(e) the conditions subject to which port shall provide reception facilities under section 36;
(f) the form and manner of preparing port waste reception and handling plan under sub-section (1) of section 38;
(g) the information about the port waste reception and handling plan and manner of communicating such information under sub-section (3) of section 38;
(h) the form, manner and time for submitting an advance waste notice under section 39;
(i) the conditions for delivery of vessel-generated waste under sub-section (1) of section 40;
(j) the form and manner of issuance of waste delivery receipt under sub-section (2) of section 40;
(k) the intervals and manner of conducting audit of ports under sub-section (1) of section 42;
(l) the manner of reporting incidents under sub-section (1) of section 44;
(m) the form, manner and time for reporting arrival of vessel at port under section 49;
(n) the manner of reporting of incidents under section 67;
(o) the provision of shore based welfare services under section 68.
Section 79 Power of Council to make regulations.
(1) The Council may, by notification and subject to the condition of previous publication, make regulations consistent with this Act and the rules made thereunder to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:---
(a) the manner and conditions subject to which the Chairperson may invite persons to meetings of the Council under sub-section (3) of section 3;
(b) the manner of transaction of business at meetings of the Council under sub-section (4) of section 3;
(c) any such other matters which is to be, or may be, specified by regulations.
(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:---
(a) the manner and conditions subject to which the Chairperson may invite persons to meetings of the Council under sub-section (3) of section 3;
(b) the manner of transaction of business at meetings of the Council under sub-section (4) of section 3;
(c) any such other matters which is to be, or may be, specified by regulations.