The Indian Ports Act 2025
Administered Ministry: Ministry of Ports, Shipping and Waterways
Section
Section 80 Power of Council to issue guidelines.
(1) The Council may, by notification, issue such guidelines 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 guidelines may provide for all or any of the following matters, namely:---
(a) the data or information to be collected and manner of collection, storage, updation and submission of such data or information to the Council under item (A) of sub-clause (ii) of clause (b) of sub-section (1) of section 6;
(b) the manner of dissemination of information, records, data and research studies relating to ports, under item (B) of sub-clause (ii) of clause (b) of sub-section (1) of section 6;
(c) the matters in relation to the transparency of port tariff and its components under sub-section (4) of section 47;
(d) such other matters as it may deem fit.
(2) In particular, and without prejudice to the generality of the foregoing power, such guidelines may provide for all or any of the following matters, namely:---
(a) the data or information to be collected and manner of collection, storage, updation and submission of such data or information to the Council under item (A) of sub-clause (ii) of clause (b) of sub-section (1) of section 6;
(b) the manner of dissemination of information, records, data and research studies relating to ports, under item (B) of sub-clause (ii) of clause (b) of sub-section (1) of section 6;
(c) the matters in relation to the transparency of port tariff and its components under sub-section (4) of section 47;
(d) such other matters as it may deem fit.
Section 81 Laying of rules and regulations before Parliament and State Legislature.
(1) Every rule made by the Central Government and every regulation made under this Act shall be laid, as soon as may 28 be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.
(2) Every rule made by the State Government shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House.
(2) Every rule made by the State Government shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House.
Section 82 Protection of action taken in good faith.
No suit or other legal proceeding shall lie against the Central Government or the State Government or the Council or the Authority or the employees of the Government or the members or employees of the Council or the Authority, in respect of anything which is done or intended to be done or any action taken in good faith under this Act or any rules or regulations made thereunder.
Section 83 Power to amend Second Schedule.
(1) The Central Government may, by notification, amend column (4) of the Second Schedule, increasing the amount of penalty which shall not exceed more than twice the amount of penalty when the Act was first enacted.
(2) Every notification issued under sub-section (1), shall be laid before each House of Parliament as soon as may be after it is issued.
(2) Every notification issued under sub-section (1), shall be laid before each House of Parliament as soon as may be after it is issued.
Section 84 Power to remove difficulties.
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for removing the difficulty:
Provided that no such order shall be made after the expiry of a period of three years from the date of commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
Provided that no such order shall be made after the expiry of a period of three years from the date of commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
Section 85 Repeal and savings.
(1) The Indian Ports Act, 1908 (15 of 1908) is hereby repealed.
(2) Notwithstanding such repeal,---
(a) any notification, rule, regulation, bye-law, order or exemption made, issued or granted under the Act so repealed shall have effect as if it had been made, issued or granted under the provisions of this Act, till new notification, rule, regulation, bye-law, order or exemption is made, issued or granted under this Act;
(b) any office established or created, officer or person appointed and any body constituted under the Act so repealed shall continue and shall be deemed to have been established, created, appointed or constituted under this Act;
(c) any document referring to the Act so repealed shall be construed as referring to this Act or to the provision of this Act;
(d) any fine or penalty levied under the Act so repealed may be recovered as if it had been levied under this Act;
(e) any offence committed under the Act so repealed may be prosecuted and punished as if it had been committed under this Act;
(f) any proceeding pending before any court under the Act so repealed may be tried or disposed of under the corresponding provisions of this Act;
(g) any inspection, investigation or inquiry ordered to be done under the provisions of the Act so repealed shall continue to be proceeded with as if such inspection, investigation or inquiry is ordered to be done under the corresponding provisions of this Act.
(3) The mention of particular matters in this section shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897), with regard to the effect of repeals.
(2) Notwithstanding such repeal,---
(a) any notification, rule, regulation, bye-law, order or exemption made, issued or granted under the Act so repealed shall have effect as if it had been made, issued or granted under the provisions of this Act, till new notification, rule, regulation, bye-law, order or exemption is made, issued or granted under this Act;
(b) any office established or created, officer or person appointed and any body constituted under the Act so repealed shall continue and shall be deemed to have been established, created, appointed or constituted under this Act;
(c) any document referring to the Act so repealed shall be construed as referring to this Act or to the provision of this Act;
(d) any fine or penalty levied under the Act so repealed may be recovered as if it had been levied under this Act;
(e) any offence committed under the Act so repealed may be prosecuted and punished as if it had been committed under this Act;
(f) any proceeding pending before any court under the Act so repealed may be tried or disposed of under the corresponding provisions of this Act;
(g) any inspection, investigation or inquiry ordered to be done under the provisions of the Act so repealed shall continue to be proceeded with as if such inspection, investigation or inquiry is ordered to be done under the corresponding provisions of this Act.
(3) The mention of particular matters in this section shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897), with regard to the effect of repeals.