48. Scales of rates for services performed by Board or other person.—(1) 1
[The Authority shall
from time to time, by notification in the Official Gazette, frame a scale of rates at which, and a statement
of conditions under which, any of the services specified hereunder shall be performed by a Board or any
other person authorised under section 42 at or in relation to the port or port approaches—]
(a) transhipping of passengers or goods between vessels in the port or port approaches;
(b) landing and shipping of passengers or goods from or to such vessels to or from any wharf,
quay, jetty, pier, dock, berth, mooring, stage or erection, land or building in the possession or
occupation of the Board or at any place within the limits of the port or port approaches;
(c) cranage or porterage of goods on any such place;
(d) wharfage, storage or demurrage of goods on any such place;
(e) any other service in respect of vessels, passengers or goods, 2
***.
(2) Different scales and conditions may be framed for different classes of goods and vessels.
49. Scale of rates and statement of conditions for use of property belonging to
Board.—(1) 3
[The Authority shall from time to time, by notification in the Official Gazette, also frame a
scale of rates on payment of which, and a statement of conditions under which, any property belonging to,
or in the possession or occupation of, the Board, or any place within the limits of the port or the port
approaches may be used for the purposes specified hereunder—]
(a) approaching or lying at or alongside any buoy, mooring, wharf, quay, pier, dock, land,
building or place as aforesaid by vessels;
(b) entering upon or plying for hire at or on any wharf, quay, pier, dock, land, building, road,
bridge or place as aforesaid by animals or vehicles carrying passengers or goods;
(c) leasing of land or sheds by owners of goods imported or intended for export or by steamer
agents;
(d) any other use of any land, building, works, vessels or appliances belonging to or provided by
the Board.
1. Subs. by Act 15 of 1997, s. 15, for the opening portion (w.e.f. 9-1-1997).
2. The words “excepting the services in respect of vessels for which fees are chargeable under the Indian Ports Act” omitted
by s.15, ibid. (w.e.f. 9-1-1997).
3. Subs. by s. 16, ibid., for the opening portion (w.e.f. 9-1-1997).
25
(2) Different scales and conditions may be framed for different classes of goods and vessels.
1
[(3) Notwithstanding anything contained in sub-section (1), the Board may, by auction or by inviting
tenders, lease any land or shed belonging to it or in its possession or occupation at a rate higher than that
provided under sub-section (1).]
2
[49A. Fees for pilotage and certain other services.—(1) Within any port, fees may be charged for
pilotage, hauling, mooring, re-mooring, hooking, measuring and other services rendered to vessles, at
such rates as the Authority may fix.
(2) The fees now chargeable for such services shall continue to be chargeable unless and until they
are altered in exercise of the power conferred by sub-section (1).
(3) the Central Government may, in special cases, remit the whole or any portion of the fees
chargeable under sub-section (1) or sub-section (2).
49B. Fixation of port-dues.—(1) The Authority shall from time to time, by notification in the
Official Gazette, fix port-dues on vessles entering the port.
(2) An order increasing or altering the fees for pilotage and certain other services or port-dues at
every port shall not take effect until the expiration of thirty days from the day on which the order was
published in the Official Gazette.]
3
[50. Consolidated rates for combination of services.—The Authority may, from time to time, by
notification in the Official Gazette, frame a consolidated scale of rates for any combination of service
specified in section 48 or for any combination of such service or services with any user or permission to
use any property belonging to or in the possession or occupation of the Board, as specified in section 49
or the fees to be charged for pilotage, hauling, mooring, re-mooring, hooking, measuring and other
services rendered to vessles as specified in section 49A or the port dues to be fixed on vessles entering the
port and for the duration of such dues as specified in section 49B.
50A. Port-due on vessels in ballast.—A vessele entering any port in ballast and not carrying
passengers shall be charged with a port-due at a rate to be determined by the Authority and not exceeding
three-fourths of the rate with which she would otherwise be chargeable.
50B. Port-due on vessels not discharging or taking in cargo.—When a vessele enters a port but
does not discharge or taken in any cargo or passengers therein (with the exception of such unshipment
and reshipment as may be necessary for purposes of repair), she shall be charged with a port-due at a rate
to be determined by the Authority and not exceeding half the rate with which she would otherwise be
chargeable.
50C. Publication of orders of Authority.—Every notification, declaration, order and regulation of
the Authority made in pursuance of this Act shall be published in the Official Gazette and a copy thereof
shall be kept in the office of the conservator and at the custom-house, if any, of every port to which the
declaration, order or rule relates, and shall there be open at all reasonable times to the inspection of any
person without payment of any fee.]
51. Power to levy concessional rates in certain cases.—In framing scales under any of the
foregoing provisions of this Chapter, the 4
[Authority] may prescribe a lower rate in respect of,—
(a) costal goods, that is to say, goods, other than imported goods as defined in the Customs Act,
1962 (52 of 1962), carried in a vessel from one Indian port to another Indian port:
Provided that the 4
[Authority] shall not make any discrimination between one Indian port and
another such port in prescribing a lower rate under this section;
(b) other goods, in special cases.
1. Ins. by Act 17 of 1982, s. 13 (w.e.f. 31-5-1982).
2. Ins. by Act 15 of 1997, s. 17 (w.e.f. 9-1-1997).
3. Subs. by s. 18, ibid., for section 50 (w.e.f. 9-1-1997).
4. Subs. by s. 19, ibid., for “Board” (w.e.f. 9-1-1997).
26
52. [Prior sanction of Central Government to rates and conditions.] Omitted by Act, 1982
(17 of 1982), s. 13 (w.e.f. 31-5-1982).
53. Exemption from, and remission of, rates or charges.—A Board may, in special cases and for
reasons to be recorded in writing, exempt either wholly or partially any goods or vessels or class to goods
or vessels from the payment of any rate or of any charge leviable in respect thereof according to any scale
in force under this Act or remit the whole or any portion of such rate or charge so levied.
54. Power of Central Government to require modification or cancellation of
rates.—(1) Whenever the Central Government considers it necessary in the public interest so to do, it
may, by order in writing together with a statement of reasons therefor, 1
[direct the Authority] to cancel
any of the scales in force or modify the same, within such period as that Government may specify in the
order.
(2) 2
[If the Authority fails or neglects to comply with the direction under sub-section (1)] within the
specified period, the Central Government may cancel any of such scales or make such modifications
therein as it may think fit:
Provided that before so cancelling or modifying any scale the Central Government shall consider any
objection or suggestion which may be made by 3
[the Authority] during the specified period.
(3) When in pursuance of this section any of the scales has been cancelled or modified, such
cancellation or modification shall be published by the Central Government in the Official Gazette and
shall thereupon have effect accordingly.
55. Refund of overcharges.—No person shall be entitled to a refund of an overcharge made by a
Board unless his claim to the refund has been preferred in writing by him or on his behalf to the Board
within six months from the date of payment duly supported by all relevant documents:
Provided that a Board may of its own motion remit overcharges made in its bills at any time.
56. Notice of payment of charges short-levied or erroneously refunded.—(1) When any Board is
satisfied that any charge leviable under this Chapter has been short-levied or erroneously refunded, it may
issue a notice to the person who is liable to pay such charge or to whom the refund has erroneously been
made, requiring him to show cause why he should not pay the amount specified in the notice:
Provided that no such notice shall be issued after the expiry of two years,—
(a) when the charge is short-levied, from the date of the payment of the charge;
(b) where a charge has been erroneously refunded, from the date of the refund.
(2) The Board may, after considering the representation, if any, made by the person to whom notice is
issued under sub-section (1), determine the amount due from such person and thereupon such person shall
pay the amount so determined.
57. Board not to lease rates without sanction.—4
[The Authority shall not lease], farm, sell or
alienate any power vested in it under this Act of levying rates without the prior sanction of the Central
Government.
58. Time for payment of rates on goods.—Rates in respect of goods to be landed shall be payable
immediately on the landing of the goods and rates in respect of goods to be removed from the premises of
a Board, or to be shipped for export, or to be transhipped, shall be payable before the goods are so
removed or shipped or transhipped.
59. Board’s lien for rates.—(1) For the amount of all rates 5
[leviable under this Act] in respect of
any goods, and for the rent due to the Board for any buildings, plinths, stacking areas, or other premises
on or in which any goods may have been placed, the Board shall have a lien on such goods, and may seize
and detain the same until such rates and rents are fully paid.
(2) Such lien shall have priority over all other lines and claims, except for general average and for the
ship-owner’s lien upon the said goods for freight and other charges where such lien exists and has been
1. Subs. by Act 15 of 1997, s. 21, for “direct any Board” (w.e.f. 9-1-1997).
2. Subs. by s. 21, ibid., for “If any Board against whom a direction is made under sub-section (1) fails or neglects to comply with
such direction” (w.e.f. 9-1-1997).
3. Subs. by s. 21, ibid., for “the Board” (w.e.f. 9-1-1997).
4. Subs. by s. 22, ibid., for “A Board shall not lease” (w.e.f. 9-1-1997).
5. Subs. by s. 23, ibid., for “leviable by a Board under this Act” (w.e.f. 9-1-1997).
27
preserved in the manner provided in sub-section (1) of section 60, and for money payable to the Central
Government 1
[under any law for the time being in force relating to customs, other than by way of penalty
or fine].
60. Ship-owner's lien for freight and other charges.—(1) If the master or owner of any vessel or
his agent, at or before the time of landing from such vessel any goods at any dock, wharf, quay, stage,
jetty, berth, mooring or pier belonging to or in the occupation of a Board, gives to the Board a notice in
writing that such goods are to remain subject to a lien for freight or other charges payable to the
ship-owner, to an amount to be mentioned in such notice, such goods shall continue to be liable to such
lien to such amount.
(2) The goods shall be retained in the custody of the Board at the risk and expense of the owners of
the goods until such lien is discharged as hereinafter mentioned; and godown or storage rent shall be
payable by the party entitled to such goods for the time during which they may be so retained.
(3) Upon the production before any officer appointed by the Board in that behalf of a document
purporting to be a receipt for, or release from, the amount of such lien, executed by the person by whom
or on whose behalf such notice has been given, the Board may permit such goods to be removed without
regard to such lien, provided that the Board shall have used reasonable care in respect to the authenticity
of such document.
61. Sale of goods after two months if rates or rent are not paid or lien for freight is not
discharged.—(1) A Board may, after the expiry of two months from the time when any goods have
passed into its custody, or in the case of animals and perishable or hazardous goods after the expiry of
such shorter period not being less than twenty-four hours after the landing of the animals or goods as the
Board may think fit, sell by public auction 2
[or in such cases as the Board considers it necessary so to do,
for reasons to be recorded in writing, sell by tender, private agreement or in any other manner] such goods
or so much thereof as, in the opinion of the Board, may be necessary—
(a) if any rates payable to the Board in respect of such goods have not been paid, or
(b) if any rent payable to the Board in respect of any place on or in which such goods have been
stored has not been paid, or
(c) if any lien of any ship-owner for freight or other charges of which notice has been given has
not been discharged and if the person claiming such lien for freight or other Charges has made to the
Board an application for such sale.
(2) Before making such sale, the Board shall give ten days’ notice of the same by publication thereof
3
[the Port Gazette, or where there is no Port Gazette, in the Official Gazette] and also in at least one of the
principal local daily newspapers:
Provided that in the case of animals and perishable or hazardous goods, the Board may give such
shorter notice and in such manner as, in the opinion of the Board, the urgency of the case admits of.
(3) If the address of the owner of the goods has been stated on the manifest of the goods or in any of
the documents which have come into the hands of the Board, or is otherwise known notice shall also be
given to him by letter delivered at such address, or sent by post, but the title of a bona fide purchaser of
such goods shall not be invalidated by a reason of the omission to send such notice, nor shall any such
purchaser be bound to inquire whether such notice has been sent.
(4) Notwithstanding anything contained in this section, arms and ammunition and controlled goods
may be sold at such time and in such manner as the Central Government may direct.
Explanation.—In this section and section 62—
(a) “arms and ammunition” have the meanings respectively assigned to them in the Arms Act,
1959 (54 of 1959);
1. Subs. by Act 29 of 1974, s. 21, for “under any law for the time being in force” (w.e.f. 1-2-1975).
2. Ins. by s. 22, ibid. (w.e.f. 1-2-1975).
3. Subs. by s. 22, ibid., for “ the Official Gazette” (w.e.f. 1-2-1975).
28
(b) “controlled goods” means goods the price or disposal of which is regulated under any law for
the time being in force.
62. Disposal of goods not removed from premises of Board within time
limit.—(1) Notwithstanding anything contained in this Act, where any goods placed in the custody of the
Board upon the landing thereof are not removed by the owner or other person entitled thereto from the
premises of the Board within one month from the date on which such goods were placed in their custody,
the Board may, if the address of such owner or person is known, cause a notice to be served upon him by
letter delivered at such address or sent by post, or if the notice cannot be so served upon him or his
address is not known, cause a notice to be published in
1
[the Port Gazette or where there is no Port
Gazette, in the Official Gazette] and also in at least one of the principal local daily newspapers, requiring
him to remove the goods forthwith and stating that in default of compliance therewith the goods are liable
to be sold by public auction 2
[or by tender, private agreement or in any other manner]:
Provided that where all the rates and charges payable under this Act in respect of any such goods
have been paid, no notice of removal shall be so served or published under this sub-section unless two
months have expired from the date on which the goods were placed in the custody of the Board.
(2) The notice referred to in sub-section (1) may also be served on the agents of the vessel by which
such goods were landed.
(3) If such owner or person does not comply with the requisition in the notice served upon him or
published under sub-section (1), the Board may, at any time after the expiration of two months from the
date on which such goods were placed in its custody, sell the goods by public auction 3
[or in such cases as
the Board considers it necessary so to do, for reason to be recorded in writing sell by tender, private
agreement or in any other manner] after giving notice of the sale in the manner specified in
sub-sections (2) and (3) of section 61.
(4) Notwithstanding anything contained in sub-section (1) or sub-section (3)—
(a) the Board may, in the case of animals and perishable or hazardous goods, give notice of
removal of such goods although the period of one month or, as the case may be, of two months
specified in sub-section (1) has not expired or give such shorter notice of sale and in such manner as,
in the opinion of the Board, the urgency of the case requires;
(b) arms and ammunition and controlled goods may be sold in accordance with the provisions of
sub-section (4) of section 61.
(5) The Central Government may, if it deems necessary so to do in the public interest, by notification
in the Official Gazette, exempt any goods or classes of goods from the operation of this section.
63. Application of sale proceeds.—(1) The proceeds of every sale under section 61 or section 62
shall be applied in the following order—
(a) in payment of the expenses of the sale;
(b) in payment, according to their respective priorities, of the liens and claims excepted in
sub-section (2) of section 59 from the priority of the lien of the Board;
(c) in payment of the rates and expenses of landing, removing, storing or warehousing the same,
and of all other charges due to the Board in respect thereof 3
[, including demurrage (other than penal
demurrage) payable in respect of such goods for a period of four months from the date of landing];
3
[(d) in payment of any penalty or fine due to the Central Government under any law for the time
being in force relating to customs;
(e) in payment of any other sum due to the Board.]
1. Subs. by Act 29 of 1974, s. 23, for “the Official Gazette” (w.e.f. 1-2-1975).
2. Ins. by s. 23, ibid. (w.e.f. 1-2-1975).
3. Ins. by s. 24, ibid. (w.e.f. 1-2-1975).
29
1
[(2) The surplus, if any, shall be paid to the importer, owner or consignee of the goods or to his
agent, on an application made by him in this behalf within six months from the date of the sale of the
goods.
(3) Where no application has been made under sub-section (2), the surplus shall be applied by the
Board for the purposes of this Act.]
64. Recovery of rates and charges by distraint of vessel.—(1) If the master of any vessel in respect
of which any rates or penalties are payable under this Act, or under any regulations or orders made in
pursuance thereof, refuses or neglects to pay the same or any part thereof on demand, the Board may
distrain or arrest such vessel and the tackle, apparel and furniture belonging thereto, or any part thereof,
and detain the same until the amount so due to the Board, together with such further amount as may
accrue for any period during which the vessel is under distraint or arrest, is paid.
(2) In case any part of the said rates or penalties, or of the cost of the distress or arrest, or of the
keeping of the same, remains unpaid for the space of five days next after any such distress or arrest has
been so made, the Board may cause the vessel or other things so distrained or arrested to be sold, and,
with the proceeds of such sale, shall satisfy such rates or penalties and costs, including the costs of sale
remaining unpaid, rendering the surplus (if any) to the master of such vessel on demand.
2
[65. Grant of port-clearance after payment of rates and realisation of damages, etc.—If a Board
gives to the officer of the Central Government whose duty it is to grant the port-clearance to any vessel at
the port, a notice stating,—
(i) that an amount specified therein is due in respect of rates, fines, penalties or expenses
chargeable under this Act or under any regulations or orders made in pursuance thereof, against such
vessel, or by the owner or master of such vessel in respect thereof, or against or in respect of any
goods on board such vessel; or
(ii) that an amount specified therein is due in respect of any damage referred to in section 116 and
such amount together with the cost of the proceedings for the recovery thereof before a Magistrate
under that section has not been realised,
such officer shall not grant such port-clearance until the amount so chargeable or due has been paid or, as
the case may be, the damage and cost have been realised.]