(1) When any dock, berth, wharf, quay, stage, jetty or pier erected at any port or port approaches under the provisions of this Act has been completed with sufficient warehouses, sheds and appliances for receiving, landing or shipping goods or passengers or crew from and upon sea-going vessels, the Board may, after obtaining the approval of the Commissioner of Customs and by notification published in the Official Gazette, declare that such dock, berth, wharf, quay, stage, jetty, pier or place of anchorage is ready for receiving or for shipping goods or passengers from and upon sea-going vessels:
Provided that, the Board shall ensure that prior to such notifications, the provisions of the Customs Act, 1962 have been complied with and no imported goods shall be unloaded and no export goods shall be loaded at any place other than a place approved under that Act for unloading or loading of such goods, except with the permission of the Competent Authority.
(2) As from the date of the publication of such notification , it shall be lawful for the Board, from time to time, when there is room at such dock, berth, wharf, quay, stage, jetty, pier or place of anchorage to order to 52 of 1962.
28 come alongside of such dock, berth. wharf, quay, stage, jetty, pier or place of anchorage for the purpose of landing and shipping goods or passengers or for landing or for shipping the same in any sea-going vessel within the port or port approaches which has not commenced to discharge goods or passengers or which being about to take in goods or passengers has not commenced to do so :
Provided that, before making such order, the Board shall have regard, as far as possible to the convenience of such vessel and of the shipping in respect of the use of any particular dock, berth, wharf, quay, stage, jetty, pier or place of anchorage:
Provided further that, if the Board is not the Conservator of the port, the Board shall not itself make the order as aforesaid but shall require the Conservator of the port, or other person exercising the rights, powers and authorities of the Conservator of the port to make such order.
Accommodation for sea going vessels to use docks, wharves etc.
28. When sufficient number of docks, berth, wharves, quays, stages, jetties, or piers have been provided at any port or port approaches as aforesaid, the Board may, after obtaining the approval of the Commissioner of Customs and by notification published in the Official Gazette, direct that no goods or passengers shall be landed or shipped from or upon any sea-going vessel within the port or port approaches otherwise than at such docks, berths, wharves, quays, stages, jetties or piers, except with the sanction of the Board and in accordance with such conditions as the Board may prescribe:
Provided that, the Board shall ensure that prior to such notifications, the provisions of the Customs Act, 1962 shall be complied and no imported goods shall be unloaded and no export goods shall be loaded at any place other than a place approved under that Act for the unloading or loading of such goods, except with the permission of the Authority.
52 of 1962.
29 Power to order vessels not to come alongside of, or to be removed from docks, wharves etc.
29. An officer appointed by the Board in this behalf, may, in cases of emergency or for any reason which appears to him sufficient, by notice in writing, order the master or owner or agent of any seagoing vessel not to bring such vessel alongside of, or to remove such vessel from, any dock, berth, wharf, quay, stage, jetty, pier or place of anchorage belonging to or under the control of the Board and if, such notice is not complied with, the Board may charge in respect of such vessel such sum as it thinks fit, not exceeding an amount asmay be prescribed by rules for each day of twenty-four hours or portion of such day, during which such vessel remains at such dock, berth, wharf, quay, stage, jetty, pier or place of anchorage:
Provided that, in the case of a vessel ordered to be removed, computation of such charge shall not commence till after the expiry of twelve hours from the service of such notice as aforesaid.
Power of the State Government to exempt vessels from obligation to use wharves etc.
30. Notwithstanding anything contained in Section 27 or 28, the State Government may, if in its opinion it is in the public interest so to do, by general or special order, from time to time, permit certain specified vessels or classes of vessels to discharge or ship goods or certain specified goods or classes of goods at such place in a port or within the port approaches, in such manner, during such period and subject to such payments to the Board and on such conditions as the State Government may deem fit:
Provided that any notification or permission regarding loading and unloading of exported or imported goods in certain specific vessels shall be done in accordance with the provisions of the Customs Act,
1962.
52 of 1962.
Board to declare when vessels other than sea going vessels compelled to use dock, wharves, etc.
31.(1) When any dock, berth, wharf, quay, stage, jetty, pier or place of anchorage for receiving, landing or shipment of goods or passengers from or upon vessels, not being sea-going vessels, has been made and completed with all proper appliances, the Board may, after obtaining the approval of the Commissioner of 30 Customs, by order published in the Official Gazette,—
(i) declare that such dock, Berth, wharf, quay, stage, jetty, pier or place of anchorage is ready for receiving, landing or shipment of goods or passengers from or on vessels not being sea-going vessels; and
(ii) direct that within certain limits to be specified therein, it shall not be lawful without the express sanction of the Board, to land or ship any goods or passengers or crew, out of, or into, any vessel of any class, specified in such order, except at such dock, berth, wharf, quay, stage, jetty, pier or place of anchorage.
(2) On and from the date of the publication of the order mentioned in sub-section (1), it shall not be lawful, without the express consent of the Board, for any vessel,—
(i) to land or ship any goods or passengers at any place within the limits so specified except at such dock, berth, wharf, quay, stage, jetty, pier or place of anchorage; and
(ii) while within such limits, to anchor, fasten or lie within fifty yards of the ordinary low-water mark.
(3) If, after the publication of such order, any such vessel, shall while within the limits so specified, anchor, fasten or lie, it shall be lawful for the Board to cause the same to be removed out of the said limits at the expense of the master or owner or agent of the vessel.
Performance of services by the Board or other person.