(1) 1 [Subject to the, provisions of sub-section (2)], in each of the ports mentioned in the first schedule 2 [other than a major port] such port-due, not exceeding the amount specified for the port in the third column of the schedule as the 3 [Government], directs, shall be levied on vessels entering the port and described in the second column of the schedule, but not oftener than the time fixed for the port in the fourth column of the schedule.
1 [(2) The 3 [Government] may, by notification in the Official Gazette, alter or add to any entry in the first schedule relating to ports 4 [in 5 [any State] or, as the case may be, in the State], State], and this power shall include the power to regroup any such ports:
6 * * * * * 7 [(3)] Whenever the 1 [Government], 8 *** declares any other port 2 [other than a major port] to be to be subject to this Act, it may, 9 *** by the same or any subsequent declaration, further declare,—
(a) in the terms of any of the entries in the second column of the first schedule the vessels which are to be chargeable with port -dues on entering the port,
(b) the highest rates at which such dues may be levied in respect of vessels chargeable therewith, and
(c) the times at which such vessels are to be so chargeable.
10 * * * * * 7 [(4)] All port-dues now leviable in any port shall continue to be so leviable until it is otherwise declared in exercise of the powers conferred by this section.
7 [(5)] An order increasing or imposing port-dues under this section shall not take effect till the expiration of 11 [thirty days] from the day on which the order was published in the Official Gazette.
12 [34. Variation of port dues by Government.—The Government may after consulting,—
(a) in case of ports other than major ports, the authority appointed under section 36;
(b) in case of major ports, the Authority constituted under section 47A of the Major Port Trusts Act, 1963 (38 of 1963), exempt, subject to such conditions, if any, as it thinks fit to impose, any vessel or class of vessels entering a port subject to this Act from payment of port-dues and cancel the exemption, or may vary the rates at which port dues are to be fixed in the port, in such manner as, having regard to the receipts and charges on account of the port it thinks expedient, by reducing or raising the dues, or any of them or may extend the periods for which any vessel or class of vessels entering a port shall be exempt from liability to pay port-dues:
Provided that the rates shall not in any case exceed the amount authorized to be taken by or under this Act.]
1. Ins. by Act 6 of 1916, s. 6.
2. Ins. by Act 15 by 1997, s. 4 (w.e.f. 9-1-1997).
3. Subs. by the A.O. 1937, for “Local Government.”
4. subs., ibid., for “within its own province.”
5. The words “British India” successively subs. by the A.O. 1941; and the A.O. 1950 to read as above.
6. Proviso omitted by the A.O. 1937.
7. Sub-sections (2), (3) and (4) re-numbered as sub-sections (3), (4) and (5) respectively by Act 6 of 1916, s. 6.
8. Certain words omitted by Act 6 of 1916, s. 6.
9. The words “with the like sanction” omitted by s. 6, ibid.
10. The proviso ins. by s. 6, ibid. Earlier omitted by the A.O. 1937.
11. Subs. by Act 23 of 1992, s. 5, for “sixty days” (w.e.f. 12-8-1992).
12. Subs. by Act 15 of 1997, s. 5, for s. 34 (w.e.f. 9-1-1997).
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