Whenever the Central Government is of opinion that an emergency has arisen which renders it necessary that the duties imposed for the purposes specified in section 68A on the authorities therein mentioned, or other duties of a like nature, should be imposed on such authorities continuously during the existence of the emergency, it may, by general or special order, authorise any officer to require the. said authorities to perform such duties until the Central Government is of opinion that the emergency has passed, and the said authority shall comply accordingly, and the provisions of the said section shall apply subject to the following modification, namely: — The Central Government shall pay any authority, on whom a requisition has been made, such compensation for any loss or damage attributable to such requisition, and for any services rendered or expenditure incurred in complying therewith as, in default of agreement, shall be decided to be just and reasonable, having regar d to the circumstances of the case, by the arbitration of a person to be nominated in this behalf by the Central Government, and the decision of such person shall be final.]
1. Subs. by the A.O. 1937, for “Local Government”.
2. Ins. by Act 6 of 1916, s. 11.
25 1 [68C. Application of certain provisions of the Act to aircraft.—(1) The provisions of sections 6, 13 to 16 (both inclusive), 18, 21 and 28, sub-section (2) of section 31 and sections 33, 34, 35, 39, 42 to 48 (both inclusive) and 55 shall apply in relation to all aircraft making use of any port subject to this Act, while on water as they apply in relation to vessels.
(2) No such aircraft shall enter or leave any port subject to this Act, except with the permission granted by the Conservator of the Port or by such other officer as may be authorized in this behalf by the Conservator.]
2 [68D. Maritime security.—A port facility in India shall comply with all the requirements contained in Chapter IXB of the Merchant Shipping Act, 1958 (44 of 1958) or the rules made thereunder so far as they are not inconsistent with the provisions of this Act.
Explanation.— For the purposes of this section, the expression “port facility” shall have the same meaning as assigned to it in Part IXB of the Merchant Shipping Act, 1958 (44 of 1958).]
69. [Repeal.] Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and Sch.
1. Ins. by Act 35 of 1951, s. 192.
2. Ins. by Act 40 of 2007, s. 7.
26 1 THE FIRST SCHEDULE (See sections 1 and 33) Ports, vessels chargeable, rate of port -dues and frequency of payment 2 [PART I—MAJOR PORTS Name of Port Vessels Chargeable Rate of port dues per ton Due how often chargeable in respect of same vessel
(1) (2) (3) (4) Calcutta 3 * * * Paradip 3 * * * Visakhapatnam 3 * * *
Explanation:— “Outer Harbour” means the portion of the Visakhapatnam Port limits with the following coordinates; namely:— WEST : A line drawn towards North along the Eastern boundary of S. No. 9 of Dolphin ‟s Nose Village from the junction point of S. Nos. 3, 4, 9 and 10 i.e., at the point Lat. 17° 41' 11”.3 N and Long. 83° 17' 35” E across the channel till it touches Muncipal boundary, in T. No. 469 i.e, at the point Lat. 17° 41' 17”.3 N and Long. 83° 17' 35”.2E and thence towards North along the field boundary of S. Nos. 10 and 12 of Dolphin‟s Nose Village up to the South Eastern point of T.S. 303 of Fort Ward. Visakhapatnam Town thence towards North East, along eastern edge of the beach road till coinciding with the Western end of Groyne No. 2 at the point Lat. 17° 41' 47 ” N Long. 83° 18' 03” .4E.
NORTH : From the point of Lat. 17° 41' 47” N. and Long. 83° 18' 03” .4E towards East along the centre line of Groyne No. 2 till coinciding with East break water at Lat. 17° 41' 32 ” .6N. Long 83° 18' 29” .8E.
EAST : A line drawn towards South from the point of Lat. 17° 41' 32” .6N Long. 83° 18' 29” .8E till the point coinciding with East break water South and at Lat. 17° 41' 14” .93 N.
Long. 83° 18' 29” .3E thence a line drawn towards South East till the point coinciding with East end of South break water at Lat. 17° 41' 01” .43 N. Long. 83° 18' 49” .12E.
SOUTH : A line drawn towards West South West direction from the point with Lat. 17° 41' 01” .43N Long 83° 18' 49” .12E till the point coinciding with Eastern boundary of S. No.
I I of Dolphin's Nose Village at the point Lat. 17° 40' 36” .7N Long 83° 17' 49” .8E and thence towards North along Eastern boundary S. No. 11 of Dolphin's Nose Village till the point of interception of S. Nu. 10 of Dolphins's Nose Village between F. Lines 109 and 71 and towards West to meet junction point of S. Nos. 3. 4. 9, 10 of Dolphin's Nose Village i.e., at the point Lat. 17° 41' 11” .3N and Long. 83° 17' 35” E approximately.
1. This Schedule is liable to variation by notifications of State Governments, and for any change thereof notifications of the States concerned should be consulted.
2. Subs. by notification No. G.S.R. 257(E), dated 1 -5-1978, Gazette of India, Pt. II, s. 3(i), p. 398, for the heading and the major ports of Calcutta and Paradip and the entries relating thereto.
3 . Entries under cols. (2) , (3) and (4) omitted by Act 15 of 1997. s . 9 (w.e. f. 9 -1-1997).
27
(1) (2) (3) (4) Madras 1* * * New Tuticorn 1* * * Cochin 1* * * New Mangalore 1* * * Mormugao 1* * * Bombay 1* * * Kandla 1* * *
PART II.—RESERVED FOR PORTS IN WEST BENGAL, IF ANY 2 [PART III.—PORTS UNDER THE CONTROL OF GOVERNMENT OF ORISSA Name of port Vessels chargeable Rate of port dues Due how often chargeable in respect of the same vessel
(1) (2) (3) (4)
1. Chandbali (Dhamra) Sea-going vessels of ten tonnes and upwards (except fishing boats).
(Tug-boats, ferry-boats and river boats, whether propelled by steam or other mechanical means).
Not exceeding rupee one and fifty paise per tonne.
Ditto.
Once in the same month.
Once between the 1st January and the 30th June, and once between the 1st july and 31st December, in each year.
2. Gopalpur Sea-going vessels of ten tonnes and upwards (except fishing boats).
(Tug-boats, ferry-boats and river boats, whether propelled by steam or other mechanical means).
Not exceeding rupee one and fifty paisa per tonne.
Ditto.
Once in the same month.
Once between the 1st January and the 30th June, and once between the 1st july and 31st December, in each year 3 [PART IV.—PORTS UNDER THE CONTROL OF GOVERNMENT OF ANDHRA PRADESH Name of the Port District Vessels Chargeable Rate of port dues Class of vessels Rate Due how often chargeable in respect of the same vessel
(1) (2) (3) (4) (5) Calingapatnam (Srikakulam) Bheemunipatnam Kakinada (East Godavari) Narsapur (WestGodavari) Machilipatnam (Krishna) (Visakhapatnam) Sea-going vessels of 42-45 cubic metres (15 tons) and upwards.
(1) Foreign ship or steamer calling at any port.
(2) Foreign ship or steamer (referred to in item 1 above) calling at any port for more than once in the same voyage.
Fifteen paise cubic metre.
Twenty-five paise per cubic metre.
Payable on each entry into the port.
Payable once for one voyage.
1. Entries under cols. (2), (3) and (4) omitted by Act 15 of 1997, s. 9 (w.e.f. 9.1.1997).
2. Added by notification No. 1317-PD, dated 29-04-1978, Gazette of Orissa.
3. Added by notification No. G.O. Ms. 253, dated 28-4-1978, Gazette of Andhra Pradesh.
28
PART IV.— PORTS UNDER THE CONTROL OF GOVERNMENT OF ANDHRA PRADESH—CONTD.
(1) (2) (3) (4) (5) Vadarevu (Prakasam) Krishnapatnam (Nellore) Sea-going vessels of 42- 45 cubic metres (15 tons) and upwards.— contd.
(3) Coasting ship calling at any port
(4) Coasting steamer calling at any port Thirteen paise per cubic metre.
Fifteen paise per cubic metre.
The payment of the dues at the port will exempt the ship for a period of 60 days from liability to pay the dues again at that port.
The payment of the dues at the port will exempt the steamer for a period of 30 days from liability to pay the dues again at that port.]
1 [PART V—PORTS UNDER THE CONTROL OF THE GOVERNMENT OF TAMIL NADU Name of the Port District Vessels Chargeable Rate of port dues, Class of vessels Due how often chargeable in respect of the same vessel
(1) (2) (3) (4) (5)
(1) Cuddalore
(2) Nagapattinam
(3) Pamban
(4) Rameswaram
(3) Kilakarai
(6) Veppalodai
(7) Colachel
(8) Kanyakumari South Arcot Thanjavur Ramnathapuram Tirunelveli Kanyakumari Sea going vessels of 40 cubic metres and upwards.
(1) Foreign ship or steamer calling at any port not exceeding 10 paisa per cubic metre.
(2) Foreign ship or steamer calling at more than one port not exceeding 15 paisa per cubic metre.
(3) Coasting ship calling at any port not exceeding 5 paisa per cubic metre.
(4) Coasting steamer calling at any port not exceeding 10 paisa per cubic metre.
Payable on each entry into the port except in the case of straits steamer which shall not be charged more than once in a voyage.
Payable once for the voyage.
The payment of dues at the port will exempt the ship for a period of 60 days from liability to pay the dues again at that port.
The payment of dues at the port will exempt the steamer for a period of 30 (thirty) days from liability to pay the dues again at that port.]
1. Added by notification No. 11(2)/TRA/1914(c)/78, dated 1-5-1978, Gazette of Tamil Nadu.
29 1 [PART VI.—PORTS UNDER THE CONTROL OF GOVERNMENT OF PONDICIHERRY.
(See SECTIONS 1 AND 33) Name of Port Vessels chargeable Rate of port dues Dues how often chargeable in respect of same vessel
(1) (2) (3) (4) Pondicherry Sea-going vessels of 40 cubic metres and upwards.
(a) Foreign going ship or sailing vessel calling at this port at 15 paise per cubic metre.
(b) Coasting ships calling at this port at 15 paise per cubic metre.
(c) Coasting sailing vessel calling at this port at 5 paise per cubic metre.
(a) Payable one each entry Into the port.
(b) The payment of port dues will exempt the ship for a period of sixty days from liability to pay the dues again at that port.
Do.
(1) The levy of port dues in accordance with the Schedule referred to in clause (1) shall be subject to the following conditions, namely:—
(a) that with effect on an from the 1st July, 1978, the rates of port dues to be levied on vessels specified in column (2) of the said Schedule, entering the Port in the Union Territory of Pondicherry shall be those laid down in column (3) of the said Schedule;
(b) that such dues shall be levied subject to the conditions mentioned in column (4) of the said schedule;
(c) that the rates of port dues chargeable on any one vessel entering the port in ballast and not carrying passengers shall be 3/4th of the rates laid down in the schedule;
(d) that when a vessel enters the port but does not discharge or take any cargo or passengers therein (with the exception of such unshipment or reshipment as may be necessary for purposes of repair), she shall be charged with port dues at half the rates specified in the schedule; and
(e) that no port dues shall be levied on—
(i) any pleasure yacht, or
(ii) any vessel which, having letter any port, is compelled to re-enter it by stress of weather, or in consequence of having sustained any damage, or
(iii) any vessel which, having entered any port, leaves it within forty-eight hours without discharging or taking in any passengers or cargo.
(2) For the purpose of this notification the terms “foreign going ship”, “coasting ship”, “sailing vessel” and “ship” shall have the same meaning as found in the Merchant Shipping Act, 1958 (Act No.
XLIV of 1958).]
1. Ins. by Notification No. G.O. Ms. 70/78, dated 1 -5-1978, Gazette of Pondicherry.
30 1 [PART VII.— PORTS UNDER THE CONTROL OF GOVERNMENT OF KERALA Name of Port Vessels chargeable Rate of port dues Dues how often chargeable in respect of the same vessel District Ports Class of vessel Rate of port dues
(1) (2) (3) (4) (5)
(6) Trivandrum Quilon Allepey Trichrur Ernakulam Malappuram Kazikode Cannanore
1. Kovalam- Vizhinjam
2. Trivandrum
3. Quilon
4. Neendakar
5.Allepey
6. Azikode
7. Ponnami
8. Calicut (including Beypore)
9. Badagara
10. Telicherry
11. Cannanore
12. Azhikkal
13. kasaragode All sea-going vessels of 40 cubic metres and upwards.
(other than fishing vessels)
(a) Foreign ship or steamer or coastal steamer calling at any port.
(b) Coastal ship Not exceeding Rs. 1.50 per ton.
Not exceeding 50 paise per ton.
The payment of the dues on entry at any minor port of Kerala will exempt steamers for a period of 30 days and ships for a period of 60 days from payment of port dues again at that port.
Notes: (1) In assessing the Port dues the date on which a vessel anchored shall be the date from which dues shall be calculated.
(2) In the case of vessels the certificate of registry of which shows her tonnage in the British standard tons only, a factor of 2.83 cubic metres will be the equivalent to one ton for purpose of levy of Port dues specified in column 3 and on conversion of such tons into cubic metres any fraction less than half will be omitt