The Indian Ports Act 2025

The Indian Ports Act, 2025

(ACT NO. 27 OF 2025)

[As on the 1st July, 2026]

AMENDMENT ACT

1. The Jan Vishwas (Amendment of Provisions) Act, 2026 (8 of 2026).

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LIST OF ABBREVIATIONS USED

Cl., cls. . . . . . for Clause, clauses.

Ins. . . . . . ,, Inserted.

Notifn. . . . . . ,, Notification.

S., ss. . . . . . ,, Section, sections.

Sch. . . . . . ,, Schedule.

Subs. . . . . . ,, Substituted.

w.e.f. . . . . . ,, with effect from.

THE INDIAN PORTS ACT, 2025

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ARRANGEMENT OF SECTIONS

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CHAPTER I

PRELIMINARY

SECTIONS

1. Short title, commencement and application.

2. Definitions.

CHAPTER II

MARITIME STATE DEVELOPMENT COUNCIL

3. Establishment of Council.

4. Powers of Chairperson.

5. Vacancies, etc., not to invalidate proceedings of Council.

6. Functions of Council.

7. Employees of Council.

8. Grants by Central Government.

9. Delegation of powers of Council.

CHAPTER III

PORT AND PORT LIMITS

10. Port operations.

11. Notification of new port and alteration of port limits.

12. Adherence to national perspective plan and guidelines issued by Council.

CHAPTER IV

STATE MARITIME BOARDS

13. Establishment of State Maritime Board.

14. Transfer of assets and liabilities, etc.

15. Functions of State Maritime Board.

CHAPTER V

ADJUDICATION OF DISPUTES

16. Resolution of disputes.

17. Civil court not to have jurisdiction.

CHAPTER VI

PORT OFFICERS

18. Appointment of conservator, harbour master and other port officers.

19. Powers of conservator to issue directions.

20. Removal of obstructions within port limits.

21. Power to specify restrictions on activities within port limits.

22. Fouling of moorings.

23. Power to board vessels and enter buildings.

24. Appointment and powers of health officer and prevention of contagious diseases.

SECTIONS

25. Indemnity of Government against act or default of port officers or pilot.

CHAPTER VII

SAFETY AND CONSERVATION OF PORTS

26. Damage to property of port.

27. Warping.

28. Master to take order to extinguish fire.

29. Offences in connection with safety of vessels, etc.

30. Unauthorised person not to search for lost stores.

31. Injuring banks or shores of port prohibited.

32. Moving of vessels without pilot or permission of harbour master or port officer.

33. Port officer to co-operate in manoeuvres for defence of port.

34. Authority and Director-General to regulate certain activities.

CHAPTER VIII

PREVENTION, CONTAINMENT OF POLLUTION AND RESPONSE

35. Definitions.

36. Reception facilities.

37. Direction to provide adequate reception facilities.

38. Port waste reception and handling plans.

39. Advance waste notice.

40. Delivery of vessel-generated waste.

41. Charges for vessel-generated waste.

42. Audit of ports.

43. Maintenance of information on portal.

44. Measures for prevention or containment of pollution.

45. Directions for securing compliance.

CHAPTER IX

LEVY OF FEES AND OTHER CHARGES

46. Levy of fees and other charges.

47. Port tariff.

48. Receipt of fees or other charges.

49. Owner, agent or master to report arrival.

50. Detention and sale on refusal to pay fees or other charges.

51. Grant of port-clearance.

52. Master not to evade payment of fees or other charges.

CHAPTER X

PENALTIES AND PROCEDURES

53. Offences and penalties.

53A. Compounding of certain offences.

54. Authority for imposition of penalty and procedure therefor.

55. Cognizance of offences.

SECTIONS

56. Penalty for wilful failure to comply with orders of Dispute Resolution Committee.

57. Penalty for failure to furnish information, etc.

58. Recovery of fine or penalty.

59. Recovery of expenses and damages.

60. Cost of distress.

61. Magistrate to determine amount to be levied in case of dispute.

62. Place of trial and jurisdiction.

63. Offences by companies.

CHAPTER XI

MISCELLANEOUS

64. Service of documents.

65. Hoisting unlawful colours in port.

66. Emergency preparedness and response plan.

67. Reporting of incident.

68. Shore based welfare services for seafarers.

69. Port community system and vessel traffic service.

70. Order for securing compliance.

71. Prior clearance.

72. Obligations of ports under international conventions.

73. Notification of mega port.

74. Chairperson, members, officers and employees of Council, etc., to be public servants.

75. Application of certain laws.

76. Power of Central Government to make rules.

77. Power of State Government to make rules.

78. Power of Central Government to make rules in consultation with State Governments.

79. Power of Council to make regulations.

80. Power of Council to issue guidelines.

81. Laying of rules and regulations before Parliament and State Legislature.

82. Protection of action taken in good faith.

83. Power to amend Second Schedule.

84. Power to remove difficulties.

85. Repeal and savings.

THE FIRST SCHEDULE.

THE SECOND SCHEDULE.

THE THIRD SCHEDULE.

THE INDIAN PORTS ACT, 2025

ACT NO. 27 OF 2025

[21st August, 2025.]

An Act to consolidate the law relating to ports, promote integrated port development, facilitate

ease of doing business and ensure the optimum utilisation of India’s coastline; establish

and empower State Maritime Boards for effective management of ports other than major

ports; establish the Maritime State Development Council for fostering structured growth

and development of the port sector; provide for the management of pollution, disaster,

emergencies, security, safety, navigation, and data at ports; ensure compliance with India’s

obligations under international instruments to which it is a party; take measures for the

conservation of ports; provide for adjudicatory mechanisms for the redressal of

port-related disputes; and address matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Seventy-sixth Year of the Republic of India as follows:—

CHAPTER I

PRELIMINARY

1. Short title, commencement and application.—(1) This Act may be called the Indian Ports

Act, 2025.

(2) It shall come into force on such date1 as the Central Government may, by notification in the

Official Gazette, appoint; and different dates may be appointed for different provisions of this Act

and any reference in any such provision to the commencement of this Act shall be construed as a

reference to the commencement of that provision.

(3) Save as otherwise provided in this Act, the provisions of this Act,—

(a) shall apply to—

(i) all ports to which the provisions of the Indian Ports Act, 1908 (15 of 1908) applied

immediately before the date of commencement of this Act;

(ii) all new ports notified under sub-section (1) of section 11;

(iii) any part of the navigable rivers or channels leading to such ports as may be notified

by the appropriate Government in such form and manner as may be prescribed by the Central

Government in consultation with the State Government;

(iv) all vessels within port limits; and

(v) all aircrafts making use of any part of the port, while on water, as they apply in relation

to vessels; and

(b) shall not apply to—

(i) such port or navigable rivers or channels or vessels or class thereof, as the Central

Government may, by notification, specify in this behalf;

(ii) any vessel or aircraft making use of any part of the port belonging to or exclusively

servicing, for military or non-commercial service of the Government, the Indian Navy, Indian

Coast Guard, customs authorities, Central Armed Forces and police and other agencies as may

be notified by the Central Government;

(iii) any vessel belonging to or in the service of the Central Government or the State

Government; or

(iv) any foreign vessel of war.

1. 1st April, 2026, vide Notifin. No. S.O. 1499(E), dated 23rd March, 2026, Extraordinary, see Gazette of India, Part II 3(ii).

2. Definitions.—(1) In this Act, unless the context otherwise requires,—

(a) “appropriate Government” or “Government”, in relation to major ports, means the Central

Government; and in relation to ports other than major ports, means the State Government;

(b) “Authority”, in relation to—

(i) major ports, means—

(A) the Board of Major Port Authority; or

(B) the board of directors, in case a port is registered as a company under the Companies

Act, 2013 (18 of 2013); and

(ii) ports other than major ports, means the State Maritime Board of each State;

under sub-section (1) of section 3 of the Major Port Authorities Act, 2021 (1 of 2021), for each

major port;

(d) “Chairperson” means the Chairperson of the Council;

(e) “coastal waters” means any part of the territorial waters of India, along with any part of the

adjoining maritime zones of India within the meaning of the Territorial Waters, Continental Shelf,

Exclusive Economic Zone and Other Maritime Zones Act, 1976 (80 of 1976), or any other law for

the time being in force;

(f) “concessionaire” means any person who has been granted any right, licence, permit or

authorisation, by whatever name called, by the Government or the Authority, including by way of a

concession agreement, for conducting all or any activity within a port;

(g) “conservator” means a person or body of persons appointed for each port or two or more

ports by the Government under sub-section (1) of section 18;

(h) “convention” means an international convention to which India is a party;

(i) “Council” means the Maritime State Development Council established under section 3;

(j) “equipment”, in relation to a vessel, includes boats, tackle, machinery, boilers, cargo

handling gear, pumps and any fitting, anchor, propeller, apparels, furniture, life-saving appliances

of every description, spars, masts, rigging and sails, fog signals, lights, shapes and signals of

distress, medicines and medical and surgical stores and appliances, charts, radio installations,

appliances for preventing, detecting or extinguishing fires, buckets, compasses, axes, lanterns,

loading and discharging gears and appliances of all kinds and all other stores and spares or articles

belonging to or to be used in connection with or necessary for navigation, propulsion, security,

pollution prevention and safety of the vessel;

(k) “existing port” means every port to which the provisions of the Indian Ports Act, 1908

(15 of 1908) applied, immediately before the commencement of this Act;

(l) “Magistrate” means a person exercising powers of the Magistrate under the Bharatiya

Nagarik Suraksha Sanhita, 2023 (46 of 2023);

(m) “major port” means any port declared as such by the Central Government by notification in

the Official Gazette, to be a major port;

(n) “master”, in relation to any vessel or aircraft making use of any port, means any person

having for the time being the command or charge of the vessel or the aircraft, not being a pilot or

harbour master or conservator of the port;

(o) “mega port” means major port or port other than major port, classified as a mega port under

section 73;

(p) “mooring” means a fixed or floating structure or device which is used for the berthing and

unberthing of any vessel or aircraft making use of a port, including shifting along the quayside, or

is required for the safe operation of a waterborne vessel in the port or in the waterway access to the

port;

(q) “new port” means any port, other than an existing port, notified under sub-section (1) of

section 11;

(r) “notification” means a notification published in the Official Gazette and the term “notify”

or “notified”, shall be construed accordingly;

(s) “owner”, in relation to—

(i) goods, includes any consignor, consignee, shipper or agent for the sale, custody, loading

or unloading of such goods; and

(ii) any vessel or aircraft making use of any port, includes any registered owner, charterer,

consignee or mortgagee in possession thereof;

(t) “pilot” means any person for the time being authorised by the Government to pilot vessels;

(u) “port” includes any terminal, offshore terminal, shipyard, repair yard, ship breaking yard,

bunkering station, captive jetties or roadstead or port facility or single buoy mooring which is

normally used for the fuelling, re-fuelling, loading, unloading, embarkation or disembarkation of

passengers, warehousing, building or repair or anchoring of vessels, or any other place at which

a vessel can call, and any part of the navigable river or channel to which this Act extends, but

shall not include any ship recycling activities;

(v) “port facility” means any location or area including anchorages or awaiting berths or

approaches from seaward as determined by the Central Government, or such designated authority

as the Central Government may, by notification, specify, where interface between vessels or a

vessel and a port takes place;

(w) “port limits” means the defined boundaries of the area of a port notified under

sub-section (1) of section 11;

(x) “port officer” means the conservator or harbour master or such other officers appointed

under sub-sections (1) and (2) of section 18;

(y) “port service provider” means a person who carries out all or any of the port works;

(z) “port tariff” means a scale of rates published under sub-section (2) of section 47 for the

fees or other charges leviable under section 46;

(za) “port user” means any person who avails the services of a port including port works;

(zb) “port works” includes,—

(i) designing, constructing, extending, maintaining, removing or demolishing—

(a) maritime structures and other buildings, structures, machineries, equipment and

enclosures;

(b) railways, roads, bridges and embankments;

(ii) reclaiming land from the sea or a river and dredging;

(iii) supplying water, fuel or electricity to the port;

(iv) providing labour to the port;

(v) construction of dry docks, cruise terminal and water transport terminal;

(vi) construction of port infrastructure; and

(vii) any other services as may be notified by the Government;

(zc) “prescribed” means prescribed by rules made by the appropriate Government or by the

Central Government in consultation with the State Government under this Act;

(zd) “regulations” means regulations made by the Council under this Act;

(ze) “Schedule” means a Schedule annexed to this Act;

(zf) “security” means maritime security and includes any measures undertaken by the owners

or operators or persons in charge of the vessels or management of port facilities, offshore

installations and other marine organisations or establishments, or undertaken by the Central

Government, to protect ports or vessels or any person or thing relating directly or indirectly to

maritime navigation,—

(i) against terrorism, sabotage, stowaways, illegal migrants, asylum seekers, piracy, armed

robbery, seizure or pilferage; and

(ii) against any other hostile act or influence, which threatens the security in the maritime

transport sector;

(zg) “State” means any State or Union territory in India having coastal location;

(zh) “State Government”, in relation to a Union territory, means the Administrator thereof;

(zi) “State Maritime Board” means the State Maritime Board referred to in sub-section (1) of

section 13;

(zj) “vessel” includes every description of water craft used or capable of being used in the

marine environment, such as ship, boat, sailing vessel, fishing vessel, submersible,

semi-submersible, hydrofoils, non-displacement crafts, amphibious crafts, wing-in-ground crafts,

pleasure crafts, barges, lighters, mobile offshore drilling units, mobile offshore units, or of any other

description whether fitted with mechanical means of propulsion or not.

(2) Words and expressions used and not defined in this Act but defined in the Major Port Authorities

Act, 2021 (1 of 2021) or the Merchant Shipping Act, 1958 (44 of 1958), shall have the meanings

respectively assigned to them in those Acts.

CHAPTER II

MARITIME STATE DEVELOPMENT COUNCIL

3. Establishment of Council.—(1) The Central Government shall, by notification, establish, for

the purposes of this Act, a Council to be called the Maritime State Development Council.

(2) The Council shall consist of the following members, ex officio, namely:—

(a) the Union Minister for Ports, Shipping and Waterways who shall be the Chairperson;

(b) the Minister-in-charge of ports of each State;

other coastal Union territories;

(d) an officer equivalent in rank to the Secretary of the Government of India in the Indian Navy

dealing with coastal security, to be nominated by the Central Government in the Ministry of

Defence;

(e) an officer equivalent in rank to the Secretary of the Government of India in the Indian Coast

Guard dealing with coastal security, to be nominated by the Central Government in the Ministry of

Defence;

(f) the Secretary to the Government of India in the Ministry of Ports, Shipping and Waterways,

who shall be the Member Secretary of the Council.

(3) The Chairperson may invite such persons to the meetings of the Council, in such manner and

subject to such conditions as may be specified by regulations.

(4) The Council shall transact business at its meetings in such manner as may be specified by

regulations.

(5) No member shall receive any remuneration for the performance of its functions under this Act.

(6) Notwithstanding anything in any other law for the time being in force, the office of a member

of the Council shall not be deemed to be an office of profit.

4. Powers of Chairperson.—The Chairperson shall have the powers of general superintendence

and directions in the conduct of the affairs of the Council and shall discharge other powers and functions

of the Council as may be assigned to him under this Act.

5. Vacancies, etc., not to invalidate proceedings of Council.—No act or proceeding of the Council

shall be invalid merely by reason of,—

(a) any vacancy in, or any defect in the constitution of, the Council; or

(b) any defect in the appointment of a person acting as a member of the Council; or

6. Functions of Council.—(1) The Council shall,—

(a) make recommendations to the Government on,—

(i) the adequacy of the existing legal framework or statutory compliances, with a view to

provide for a more efficient and conducive framework for ports in India;

(ii) measures to facilitate growth of the port sector and to promote competition and

efficiency in the operation of ports;

(iii) port connectivity and assessing the requirement of other infrastructure through road,

rail, inland waterways transport, pipeline and conveyor;

(iv) any other matter relating to ports, as the Council may decide; and

(v) any other matter as may be referred to it by the Central Government or the State

Government;

(b) discharge the following functions, in consultation with the Central Government and the State

Governments, namely:—

(i) to advise the Central Government on the formulation of the national perspective plan

referred to in section 12;

(ii) issue guidelines in respect of the following, namely:—

(A) the data or information to be collected by ports and the manner of collection,

storage, updation and submission of such data or information to the Council;

(B) to provide for the manner in which any information, records, data and research

studies relating to ports, shall be disseminated, including the grant of public access thereto;

entrusted to it by the Central Government.

(2) While discharging its functions, the Council shall exercise transparency and take into account

the optimum management and utilisation of the available coastline, appropriate cost of logistics through

multi-modality, national development priorities, sustainability and issues of national security.

(3) Where the Council considers it expedient so to do for the purpose of discharging its functions

under sub-section (1), it may, by order in writing, call upon the Authority, port or any person, at any

time to furnish in writing, such information as the Council may require.

7. Employees of Council.—(1) The Central Government may make available to the Council such

officers and employees as it considers necessary for the efficient discharge of the functions of the

Council under this Act.

(2) The salary and allowances payable to, and the other conditions of service of the employees of

the Council shall be such as may be prescribed by the Central Government.

8. Grants by Central Government.—The Central Government may, after due appropriation made

by Parliament by law in this behalf, make to the Council grants of such sums of money as are required

by it to discharge its functions under this Act.

9. Delegation of powers of Council.—The Council may, by general or special order in writing,

delegate to any member or employee of the Council, subject to such conditions, if any, as may be

specified in the order, such of its powers and functions under this Act, except the power to make

regulations or to issue guidelines, as it may deem necessary.

CHAPTER III

PORT AND PORT LIMITS

10. Port operations.—No port shall commence or carry on operations therein unless it is,—

(a) an existing port; or

(b) a new port notified under sub-section (1) of section 11:

Provided that the Government may, by notification, declare a port or part thereof non-operational

in the following cases, namely:—

(i) if such port or part thereof has been non-operational for a continuous period of ten

years; or

(ii) in the interest of national security; or

(iii) for any other reason, as the Government may deem fit.

11. Notification of new port and alteration of port limits.—(1) The Government may notify a

new port and alter the limits of any port:

Provided that any notification issued under this sub-section for alteration of port limits shall not

have retrospective effect.

(2) The Central Government in consultation with State Government shall prescribe the norms, form

and manner for declaring a new port and for altering the port limits under sub-section (1).

12. Adherence to national perspective plan and guidelines issued by Council.—(1) The Central

Government may formulate a national perspective plan so as to meet the requirements of the maritime

trade and to prioritise associated infrastructure development.

(2) The Central Government, State Governments and the Authority shall endeavour to adhere to the

national perspective plan formulated by the Central Government and the guidelines issued by the

Council.

CHAPTER IV

STATE MARITIME BOARDS

13. Establishment of State Maritime Board.—(1) Every State Maritime Board established or

constituted by the State Government under the Acts specified in the Third Schedule, shall be deemed to

be duly established or constituted for the purposes of this Act:

Provided that where the State Maritime Board has not been established or constituted, the State

Government may, by notification, establish a State Maritime Board within six months from the date of

commencement of this Act:

Provided further that where the functions of the State Maritime Board are discharged by a body of

persons or a department of the State Government, that Government may notify such body of persons or

department, as the State Maritime Board for the purposes of this Act.

(2) The State Maritime Board shall be a distinct legal entity, having perpetual succession and a

common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property,

both movable and immovable, and to contract and shall, by the said name, sue or be sued.

(3) The head office of the State Maritime Board shall be at such place as the State Government may,

by notification, specify in this behalf.

14. Transfer of assets and liabilities, etc.—(1) On and from the date of establishment or the date

of notification of the State Maritime Board under sub-section (1) of section 13, the State Government

shall transfer to the State Maritime Board, and vest, amongst other things,—

(a) all port land, property, assets, funds, interest in property and all rights to levy rates vested in

the State Government;

(b) all rates, fees, rents and other sums of money due to the State Government; and

or in connection with affairs of the port.

(2) All debts, obligations and liabilities incurred, all contracts entered into and all matters and things

engaged to be done with or for the State Government till the date of establishment or the date of

notification of the State Maritime Board under sub-section (1) of section 13, shall be deemed to have

been incurred, entered into or done by, with or for the State Maritime Board, and all suits or other legal

proceedings instituted by or against the State Government till the date of establishment or the date of

notification of the State Maritime Board, be continued or instituted by or against the State Maritime

Board.

15. Functions of State Maritime Board.—(1) Every State Maritime Board shall be responsible

for the effective administration, control and management of ports other than major ports within the

territory of the respective State and for the said purpose, shall perform the following functions,

namely:—

(a) initiating plans for development of ports;

(b) promoting the use, development and improvement of ports;

ports, as the Board may deem expedient or necessary;

(d) exercising licensing functions in respect of infrastructure and services of ports;

(e) exercising supervision and control over all port works, including port works contracted out

to third parties;

(f) regulating and controlling navigation within the limits and the approaches to the ports;

(g) fixing of port tariff;

(h) developing new ports, subject to obtaining security clearance as per the guidelines issued

by the Central Government;

(i) protecting ecological balance and safeguarding social and environmental issues;

(j) advising or issuing directions in relation to matters referred to the Board by the State

Government;

(k) providing or ensuring the provision of such other services and facilities which may be

considered necessary for the efficient operation of ports;

(l) ensuring compliance with the provisions of this Act and the rules made thereunder;

(m) carrying out all other functions that are or may be notified by the State Government.

(2) The State Maritime Board shall ensure transparency in the exercise of its powers and discharging

of its functions.

(3) The State Maritime Board may, for the purposes of discharging its functions under

sub-section (1), issue such directions from time to time, in writing, to any port or port officer, as it may

consider necessary, and such port or port officer shall comply with such directions.

CHAPTER V

ADJUDICATION OF DISPUTES

16. Resolution of disputes.—(1) Every State Government shall, by notification, constitute a

Dispute Resolution Committee consisting of not less than three members, for the purposes of

adjudicating any dispute arising between ports other than major ports, concessionaires, port users and

port service providers within the State, unless the parties have agreed to arbitration or any other dispute

resolution mechanism forming part of the concession agreement, licence, permit or authorisation.

(2) An application for adjudication of any dispute referred to in sub-section (1) shall be made to the

State Maritime Board in such form and manner as may be prescribed by the State Government and the

State Maritime Board shall refer the application to the Dispute Resolution Committee.

(3) The Dispute Resolution Committee shall, after giving the parties an opportunity of being heard,

pass an order in writing within a period of six months from the date of receipt of the application by it:

Provided that where the Dispute Resolution Committee is unable to dispose of such dispute within

the stipulated period of six months, it may extend the period of disposal up to three months at a time,

with reasons to be recorded in writing, but such period including extended period, shall not exceed

twelve months in any case.

(4) The Dispute Resolution Committee shall, for the purposes of discharging its function under

sub-section (1), have the same powers as are vested in a civil court under the Code of Civil

Procedure, 1908 (5 of 1908), while trying a suit in respect of the following matters, namely:—

(a) the discovery and production of books of account and other documents;

(b) summoning and enforcing the attendance of persons and examining them on oath;

(d) any other matter which may be prescribed by the State Government.

(5) Any party aggrieved by an order of the Dispute Resolution Committee under sub-section (3),

may prefer an appeal to the High Court of the appropriate jurisdiction, within sixty days from the date

on which a copy of the order is received by the party.

17. Civil court not to have jurisdiction.—No civil court shall have jurisdiction to entertain any

suit or proceeding in respect of any matter which the Dispute Resolution Committee is empowered by

or under this Act to determine.

CHAPTER VI

PORT OFFICER

18. Appointment of conservator, harbour master and other port officers.—(1) The Government

shall appoint such officers or body of persons to be the conservator for every port, or for two or more

ports.

(2) Every port shall appoint a harbour master or such other officers of the port as may be prescribed

by the appropriate Government.

(3) The terms and conditions of service of the officers appointed under sub-sections (1) and (2) shall

be such as may be prescribed by the appropriate Government.

(4) The conservator shall be subject to the control of the Government and the Authority.

(5) All officers operating in a port shall be subject to the supervision and control of the conservator.

(6) The conservator may, with the approval of the Government, delegate such of its powers to such

persons, as may be prescribed by the appropriate Government.

19. Powers of conservator to issue directions.—(1) Subject to the provisions of this Act, the

conservator may, with respect to any vessel within the port, issue such directions as may be necessary

for carrying out the provisions of this Act or the rules made thereunder.

(2) Without prejudice to the generality of the foregoing power, the conservator may issue directions

relating to all or any of the following matters, namely:—

(a) the berthing, mooring or anchoring including the method of anchoring, of a vessel;

(b) the removal of the vessel from any place within the port to any other place and the time

within which such removal is to be effected;

approaches to the port;

(d) requiring the master of any vessel to place at his disposal, such number of crew as may be

deemed fit, for the purpose of preventing or extinguishing fire or for any other matter under this

Act;

(e) prohibiting any vessel from entering or leaving the port, where such vessel fails to comply

with the provisions of this Act or any other law for the time being in force or the rules, regulations

or directions issued thereunder;

(f) cutting, or causing to be cut, any warp or rope endangering the safety of any vessel in the

port.

(3) If any person refuses or neglects to obey any direction of the conservator under this section, the

conservator may cause or cause to be done, all necessary acts for execution of the directions and may

hire and employ suitable persons for this purpose, and all expenses incurred in this behalf shall be

recoverable from the person for such refusal or neglect.

20. Removal of obstructions within port limits.—(1) The conservator may remove, or cause to

be removed, either on his own or through external agency or through a port officer, any obstruction in

any part of a port, which in his opinion obstructs the operation of a port or part thereof or any other

work on any part of the shore or bank within the port limits.

(2) The owner of any such obstruction shall be liable to pay the reasonable expenses of the removal

thereof.

(3) If the owner of any such obstruction fails to pay the reasonable expenses incurred in the removal

thereof, the conservator may sell the vessels, wreck, material or any other thing forming the obstruction

in public auction and recover expenses incurred for such removal from the proceeds of the sale, and

shall pay the surplus of such proceeds, or deliver the unsold parts of the obstruction, to the person

entitled to receive the same and if no such person is available, the conservator shall cause the same to

be kept and deposited in such manner as the Government directs.

(4) The conservator may, if necessary, from time to time, realise the expenses of keeping the

obstruction, together with the expenses of sale, by a further sale of such part of the obstruction as may

remain unsold.

(5) If the obstruction exists on account of any permit, grant, licence or other lawful instrument issued

by the Government, then the conservator shall report the same to the Government, and, with the previous

sanction of the Government, cause the same to be removed or altered in such manner, making reasonable

compensation to the owner of such obstruction, to be determined on the basis of such factors, as may

be prescribed by the appropriate Government.

Explanation.—For the purposes of this section, the term “obstruction” includes any structure or a

vessel or wreck or part thereof, or any material such as cargo, bunker or pollutant or such other thing or

any public nuisance, impeding or likely to impede the operation of the port.

21. Power to specify restrictions on activities within port limits.—The Government may, by

notification, specify restrictions on certain activities within port limits which may cause any impediment

to the navigation in a port.

22. Fouling of moorings.—(1) If any vessel hooks or gets foul of any of the buoys or moorings

laid down by the conservator in a port, the master of such vessel or any other person shall not, except

in case of emergency, lift the buoys or moorings for the purpose of unhooking or getting clear from the

same without the assistance of the conservator.

(2) The conservator, immediately on receiving notice of any emergency, under sub-section (1), shall

assist and superintend the clearing of such vessel and the master of such vessel shall, upon demand, pay

such reasonable expenses as may be incurred in clearing the same.

23. Power to board vessels and enter buildings.—(1) The conservator, or any person appointed

under this Act to receive fees or charges related to any vessel, may, when necessary for the performance

of duties under this Act, board any vessel or enter any building or place within the port limits, either

alone or accompanied by any other person or body of persons.

(2) No master of a vessel or any person in possession or occupation of the building or place shall

without lawful excuse refuse the conservator or any person or body of persons to board or enter such

vessel, building or place.

24. Appointment and powers of health officer and prevention of contagious diseases.—(1) The

Government may appoint an empanelled medical practitioner as the health officer to carry out the

functions of the health officer at any port.

(2) The health officer shall possess such qualification, experience and be subject to such other terms

and conditions of service as may be prescribed by the appropriate Government.

(3) The health officer shall, subject to the control of the Government, have the following powers,

within the port limits, namely:—

(a) to inspect the provisions, water, sanitation and accommodation within vessels;

(b) to enter or board any vessel and medically examine all or any of the seafarers on board the

vessel;

documents as may be deemed necessary for the purpose of enquiring into the health and medical

condition of persons on board the vessel;

(d) to summon and question any person for any purpose, to require responses from the person

questioned, and to make and sign a declaration affirming the truth of the statements made by such

person.

(4) Whenever any infectious or contagious disease has broken out or is reasonably suspected to

break out at any port or part thereof, the appropriate Government may—

(a) declare such port or part thereof as an infected zone, and require all persons coming out

from an infected zone to be medically inspected or examined by a health officer; and

(b) prescribe the measures to be taken at such infected zone.

(5) Whenever any infectious or contagious disease has broken out or is reasonably suspected to

break out in vessels arriving at, or being in, any port,—

(a) the conservator shall take such action, and pass such directions to such persons for the

prevention or containment of the spread of any infectious or contagious disease, as may be

prescribed by the Central Government in consultation with the State Government;

(b) the master shall report the particulars of any such disease to the Government or the

conservator in such manner as may be prescribed by the Central Government in consultation with

the State Government.

(6) The health officer, along with such person or body of persons authorised by the Government,

may board the vessel for medical inspection of vessels and of persons on board the vessels.

25. Indemnity of Government against act or default of port officers or pilot.—The Government

shall not be liable for any act or default of any conservator, harbour master or other port officers or of

any deputy or assistant of any of the authorities aforesaid or of any person acting under the control or

direction of any such authority, deputy or assistant, or for any act or default of any pilot or for any

damage sustained by any vessel in consequence of any defect in any of the moorings, hawsers or other

things belonging to the Government which may be used by the vessel:

Provided that nothing in this section shall protect the Government from a suit in respect of any act

done by or under the express order or sanction of the Government.

CHAPTER VII

SAFETY AND CONSERVATION OF PORTS

26. Damage to property of port.—(1) No person shall, without lawful excuse, remove, destroy or

damage any property including any pier or wharf belonging to, or in the custody or possession of, the

port, or hinder or prevent such property from being used or operated in the manner it is intended to be

used or operated.

(2) Any person who does any act in violation of the provisions of sub-section (1), shall, in addition

to any other penalty specified under column (4) of the Second Schedule, be liable to pay such expenses,

as the conservator may determine to be just and reasonable, on the basis of such factors, as may be

prescribed by the appropriate Government for any loss, destruction or damage suffered by the port,

including the expenses of any inspection or survey carried out, having regard to the circumstances of

the case.

27. Warping.—Every master of a vessel in any port shall, when directed by the conservator, permit

warps or hawsers to be made fast to the vessel for the purpose of warping any other vessel in the port,

and shall not allow any such warp or hawser to be let go until so directed by the conservator.

28. Master to take order to extinguish fire.—Every master of a vessel lying in any port shall take

order to extinguish any fire on the vessel, and co-operate with the conservator or any person acting

under the authority of the conservator, in extinguishing or attempting to extinguish any fire on the vessel.

29. Offences in connection with safety of vessels, etc.—(1) No person shall wilfully and without

lawful excuse,—

(a) loosen or remove from its moorings or from its fastenings any vessel in the port without

leave or authority from the master or owner of such vessel; or

(b) lift, injure, make a vessel fast to, loosen or set adrift any moorings, buoys, beacons or sea or

landmarks; or

(d) do or omit to do any act on board any vessel in the port which has caused or likely to cause

fire; or

(e) use a vessel in the port which is in such a state that by reason of the defective condition of

its hull, equipment or machinery, or by reason of under-manning or otherwise, the life of any person

or the safety of any other vessel navigating in the port is likely to be endangered.

(2) No master of a vessel shall cause or suffer any warp or hawser attached to his vessel to be left

out in any port in such a manner as to endanger the safety of any other vessel navigating in the port.

(3) No person shall grave, bream or smoke any vessel in the port, or boil or heat any pitch, tar, resin,

dammar, turpentine oil or other such combustible matter on board any vessel within port limits, if such

act is prohibited by the Government, or contrary to the orders or directions of the conservator.

30. Unauthorised person not to search for lost stores.—No person, without the permission of the

conservator shall, in any port, creep or sweep for anchors, cables or other stores lost or supposed to be

lost therein.

31. Injuring banks or shores of port prohibited.—No person shall, except with the permission of

the conservator and under the supervision of such person as may be appointed by the conservator, in

any port,—

(a) disturb the existing waterbed or geophysical structures or any artificial protection or

constructions or shore of the port; or

(b) sink or bury in any part of such bank or shore, whether the same is public or private

property, any mooring-post, anchor or any other thing; or

32. Moving of vessels without pilot or permission of harbour master or port officer.—(1) No

vessel shall enter, leave or be moved in any port without having a pilot, harbour master or any port

officer on board, unless,—

(a) upon application to the proper officer the master was unable to procure a pilot, harbour

master or port officer to go on board the vessel;

(b) an authority in writing has been obtained from the conservator or any officer authorised to

give such authority:

Provided that the Government may, by notification, direct that in any port as may be specified

therein, the provisions of this sub-section shall not apply to sailing vessels of any measurement not

exceeding a measurement so specified therein.

(2) Notwithstanding anything in sub-section (1), the owner or master of a vessel, shall be answerable

for any loss or damage caused by the vessel or by any fault of the navigation of the vessel.

33. Port officer to co-operate in manoeuvres for defence of port.—A port officer shall, if required

by an officer authorised by a general or special order of the Central Government, co-operate as directed

by the officer, in carrying out manoeuvres related to the defence of the port in time of war, or for the

security of the port against sub-conventional or non-traditional threats, or natural disasters, and, if

necessary, temporarily make available the services of their staff, vessels, property, equipment or other

resources:

Provided that the Central Government shall bear the running expenses of vessels placed at the

disposal of such officer in respect of the period during which they are so at his disposal, and be

responsible for any damage thereto.

Explanation.—For the purposes of this section, the expression “running expenses” shall include all

expenses incurred in connection with the use of the vessels other than any charges for their hire or for

the wages of the officers and crews of such vessels.

34. Authority and Director-General to regulate certain activities.—(1) The Authority may issue

guidelines for the purposes of regulating the following matters and activities, namely:—

(a) the vessel movement and safety of navigation, including determining the schedules and

procedural protocols for vessel entry, departure, and transit within port limits;

(b) assigning the berths, including designating specific berths, stations, and areas for vessel

docking in the port;

cargo gear, anchors, and other external apparatus on vessels;

(d) the cargo and passenger operations, including regulating locations and methods for

passenger embarkation and loading and unloading of cargo;

(e) standards for bunkering practices and equipment for vessel fueling operations;

(f) specifying the requirements for the clear passage to ensure designated safe passage areas are

maintained near docking structures and within port limits;

(g) standards and procedure for mooring and anchoring of vessels and related equipment;

(h) specifying the access and usage protocols for Government-owned docking and storage

facilities;

(i) standards and procedures for licensing various maritime transport vessels and the conditions

for licence renewal or revocation;

(j) specifying protocols for the consistent and safe use of visual and signal aids by vessels and

ports;

(k) standards relating to occupational health, safety and security of dock workers, seafarers and

port visitors; and

(l) the protocols to ensure seafarer and port workers’ welfare-related resources and activities.

(2) The Director-General may also issue such guidelines on any of the matters and activities

specified in sub-section (1), as may be deemed necessary, from time to time.

(3) Any guidelines issued by the Authority under sub-section (1), shall be in conformity with the

guidelines issued by the Director-General under sub-section (2).

Explanation.—For the purposes of this section, “Director-General” means the Director-General

appointed under the Merchant Shipping Act, 1958 (44 of 1958).

CHAPTER VIII

PREVENTION, CONTAINMENT OF POLLUTION AND RESPONSE

35. Definitions.—In this Chapter, unless the context otherwise requires,—

(a) “Ballast Water Management Convention” means the International Convention for the

Control and Management of Ships’ Ballast Water and Sediments, 2004;

(b) “cargo residues” means the remnants of any cargo material on board which remain on the

deck or in holds or tanks following loading and unloading, including loading and unloading excess

or spillage, whether in wet or dry condition or entrained in wash-water, but does not include cargo

dust remaining on the deck after sweeping or dust of the external surfaces of the vessel;

from Ships, 1973, including its Protocol of 1978;

(d) “reception facility” means any facility which is fixed, floating or mobile and capable of

providing the service of receiving the waste from vessels;

(e) “waste from vessels” or “vessel-generated waste” means every waste, including cargo

residues, which is generated during the service of a vessel or during loading, unloading and cleaning

operations and which falls within the scope of Annexes I, II, IV, V and VI to the MARPOL

Convention and the Ballast Water Management Convention.

36. Reception facilities.—Every port shall provide reception facilities adequate to meet the needs

of vessels without causing undue delay to vessels, in compliance with the provisions relating to

reception facilities specified in Annexes I, II, IV, V and VI of the MARPOL Convention or with the

requirements of Article 5 of the Ballast Water Management Convention, as applicable, based on such

conditions as may be prescribed by the Central Government in consultation with the State Government.

Explanation.—For the purposes of this section, the term “adequate” means capable of receiving the

types and quantities of wastes from vessels normally using that port, taking into account the operational

needs of the port users, its size and geographical location and the types of vessels calling at that port.

37. Direction to provide adequate reception facilities.—Where in respect of any port it appears

to the Central Government, on the basis of the audit conducted under section 42 or otherwise, that the

port has no reception facilities or if the port has such facilities, those facilities are not adequate within

the meaning of section 36, the Central Government or an officer authorised by it may, by order in

writing, direct the port to provide, or arrange for the provision of, such reception facilities as may be

specified in that order.

38. Port waste reception and handling plans.—(1) Every port shall prepare a port waste reception

and handling plan in such form and manner as may be prescribed by the Central Government in

consultation with the State Government.

(2) Upon approval of the port waste reception and handling plan by the Central Government, such

plan shall be implemented by the port.

(3) Every port shall communicate such information about the port waste reception and handling

plan to vessels in such manner as may be prescribed by the Central Government in consultation with

the State Government.

39. Advance waste notice.—The operator, agent or master of a vessel bound for India shall submit

an advance waste notice to the port of call in such form and manner and within such time period as may

be prescribed by the Central Government in consultation with the State Government.

40. Delivery of vessel-generated waste.—(1) Subject to such conditions as may be prescribed by

the Central Government in consultation with the State Government, the master of a vessel calling at a

port shall, before leaving that port, deliver all its vessel-generated waste carried on board to a reception

facility.

(2) Upon delivery, the port where the waste was delivered shall issue the waste delivery receipt to

the master of the vessel in such form and manner as may be prescribed by the Central Government in

consultation with the State Government.

41. Charges for vessel-generated waste.—(1) A port providing reception facilities or a person

providing such facilities by arrangement with the port may levy such charges for the use of the facilities.

(2) The reception facility provided at the port shall be made available for use by any vessel subject

to such conditions as may be imposed by the port and on payment of the charges referred to in

sub-section (1).

42. Audit of ports.—(1) The Central Government shall audit every port at such intervals and in

such manner as may be prescribed by the Central Government in consultation with the State

Government.

(2) The audit under sub-section (1) shall be carried out for the purposes of checking the availability

and adequacy of reception facilities in accordance with this Chapter and the rules made thereunder, and

shall include audit of such pollution containment equipment as may be specified by the Central

Government, from time to time.

43. Maintenance of information on portal.—The following information shall be uploaded

electronically in such manner and by such persons as may be notified by the Central Government,

namely:—

(a) advance waste notice under section 39;

(b) waste delivery receipt under sub-section (2) of section 40;

(d) such other matters as may be notified by the Central Government.

44. Measures for prevention or containment of pollution.—(1) Every port shall report the

particulars of any incident that threatens or is likely to pose a threat of pollution to the coastal waters or

related interests, to the Government, in such manner as may be prescribed by the Central Government

in consultation with the State Government.

(2) Where the Central Government is satisfied that an incident which threatens or is likely to pose

a threat of pollution to the coastal waters or related interests has taken place or is likely to take place, it

may direct the port or State Government or the Authority or organisation, as may be applicable, to take

such action for the prevention or containment or threat of such pollution in accordance with the

applicable law.

Explanation.—For the purposes of this section, the expression “coastal waters” shall mean and

include any part of the territorial waters of India, along with any part of the adjoining maritime zones

of India or any marine area adjacent thereto over which India has, or, may hereafter have, exclusive

jurisdiction in regard to control of marine pollution under the Territorial Waters, Continental Shelf,

Exclusive Economic Zone and Other Maritime Zones Act, 1976 (80 of 1976), or any other law for time

being in force.

45. Directions for securing compliance.—The Government may issue directions to any port or port

officer to comply with any of the provisions of this Chapter.

CHAPTER IX

LEVY OF FEES AND OTHER CHARGES

46. Levy of fees and other charges.—There shall be leviable such fees or other charges in each of

the ports in respect of—

(a) consideration payable to the port by owners or agents of vessels or shippers in lieu of services

rendered by such port including but not limited to—

(i) providing usage of or access to all or any part of the port;

(ii) loading or unloading of cargo;

(iii) embarking or disembarking of passengers;

(iv) storage of materials;

(v) supplying provisions or equipment to vessels;

(vi) handling, storing and transporting goods on land adjoining ports and for the handling of

passengers carried by the vessels;

(vii) embarking or disembarking of masters, crew and other personnel, if payable;

(viii) repairing of vessel;

(ix) providing aids to navigation within the port limits;

(x) carrying passengers or goods between vessels in the port or port approaches;

(xi) stevedoring, landing and shipping of passengers or goods from or to such vessels;

(xii) wharfage, storage or demurrage of goods on any such place;

(xiii) pilotage and berth hire;

(xiv) towage; and

(xv) waterfront royalty;

(b) consideration payable by or to the port for port works pertaining to the maintenance of ports;

of, the Authority.

47. Port tariff.—(1)(a) The port tariff for every major port shall be fixed by—

(i) the Board of Major Port Authority or such person or body of persons authorised by it; or

(ii) the board of directors, in case a port is registered as a company under the Companies

Act, 2013 (18 of 2013);

(b) the port tariff for every port other than major port shall be fixed by the respective State

Maritime Boards or such concessionaire as may be authorised by the concerned State Maritime

Board.

(2) The port tariff fixed under sub-section (1) shall be published electronically by the Authority

or concessionaire or person or body of persons, responsible for fixing the port tariff.

(3) The port tariff fixed under sub-section (1) shall come into effect after expiry of a period of

thirty days from the date of its publication.

(4) The Council may issue guidelines on any matter relating to transparency of port tariff

including the components thereof.

(5) The Authority may, based on any recommendation by the Government, in special cases

exempt or, remit the whole or any portion of the fees or other charges due or payable under this Act.

48. Receipt of fees or other charges.—(1) The Government shall, by notification, authorise at any

port, an officer or body of persons who may receive the fees or other charges payable under this Act and

to expend the receipts thereof, subject to such conditions as may be specified in the notification.

(2) The officer or body of persons authorised to receive fees or other charges, shall issue a receipt

in lieu of such fees or other charges, in such form and manner as may be prescribed by the appropriate

Government, containing the following particulars, namely:—

(a) name of the issuing office;

(b) the port or place at which the fees or other charges due or payable is paid; and

payment is made, as applicable.

49. Owner, agent or master to report arrival.—The owner, agent or master of every vessel liable

to pay any other fees or other charges shall, on arrival of such vessel within the port limits, report her

arrival to the conservator in such form, manner and within such time as may be prescribed by the Central

Government in consultation with the State Government.

50. Detention and sale on refusal to pay fees or other charges.—(1) If the master of any vessel in

respect of which any fees or other charges are payable under this Act refuses or fails to pay the same on

demand, the officer or body of persons authorised under sub-section (1) of section 48 may detain or

arrest the vessel or any part thereof, until the amount due is paid.

(2) In case any part of the fees or other charges, or of the costs of the detention or arrest or of the

keeping of the vessel detained or arrested remains unpaid for fifteen days after any such detention or

arrest, such officer or body of persons may cause the vessel detained or arrested to be sold, and with the

proceeds of such sale, may recover the fees or other charges and the cost including the costs of sale

remaining unpaid, and shall render the surplus, if any, to the master of the vessel upon demand:

Provided that where such vessel is already arrested under the order of a court or other authority, the

authority appointed to receive fees or other charges, may sell the vessel or part thereof only with the

prior permission of such court or other authority and recover the fees or other charges due and the costs

including costs of sale remaining unpaid, and disburse the surplus, if any, in accordance with the orders

or directions of such court or other authority.

(3) Where the sale proceeds of the vessel is insufficient to satisfy the fees or other charges due and

the cost including the costs of sale remains unpaid, the authority appointed to receive such fees or other

charges due may, by order in writing direct the owner of the vessel to pay the unpaid balance, within

one month of issuance of such order.

51. Grant of port-clearance.—No port-clearance shall be granted to any vessel until the owner or

master or agent or port user has paid or secured to the satisfaction of the officer granting the clearance

the amount of all fees or charges, and of all fines, penalties and expenses to which the vessel or her

owner or master is liable under this Act.

52. Master not to evade payment of fees or other charges.—(1) No master of a vessel shall evade

the payment of any fees or other charges required to be paid under this Act.

(2) In any proceeding before a Magistrate, any document issued by the officer empowered to grant

port-clearance under section 51 stating that the master has evaded such payment shall be sufficient proof

of the evasion, unless the master shows to the satisfaction of the Magistrate that the departure of the

vessel without payment of the sum was caused by stress of weather, or that there was lawful or

reasonable ground for such departure.

(3) Any Magistrate having jurisdiction under this Act in any port to which the vessel may proceed,

or in which she may be found, shall be deemed to have jurisdiction in any proceeding under this section.

CHAPTER X

PENALTIES AND PROCEDURES

53. Offences and penalties.—(1) Whoever contravenes any provision of this Act or fails to comply

with any provision thereof, shall be liable to penalty under this Act and, if, in respect of any offence or

contravention no punishment or penalty is specially provided, shall be liable to penalty which may

extend to ten thousand rupees, and if the breach is a continuing one, with further penalty which may

extend to one thousand rupees for every day, after the first day, during which the breach continues.

(2) The offences mentioned in column (2) of the First Schedule, shall be punishable to the extent of

punishment mentioned in the corresponding column (4) of that Schedule against the offence specified

in column (2) of that Schedule.

Explanation.—For the purposes of this sub-section, where any offence is attributable to a port under

column (2) of the First Schedule, the fine specified for such offence under column (4) thereof, shall be

payable by the Authority; or by the concessionaire where such port is operated by the conservator.

(3) Whoever contravenes any provision mentioned in column (2) of the Second Schedule, shall be

liable to the extent of penalty mentioned in the corresponding column (4) of that Schedule against the

contravention specified in column (2) of that Schedule.

1[53A. Compounding of certain offences.—(1) Notwithstanding anything contained in the

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), the offences under sub-section (3) of

section 29, section 30 and section 31, which are punishable to the extent of punishment specified in the

First Schedule under sub-section (2) of section 53 of this Act may, before or after the institution of

prosecution, be compounded by the conservator on payment for credit to the appropriate Government

of such sum and in such manner as may be notified by the appropriate Government:

Provided that such sum shall not, in any case, exceed the maximum amount of the fine which may

be imposed under this Act for the offences so compounded:

Provided further that in case of second and subsequent offence, the same shall not be compounded.

(2) The officer referred to in sub-section (1) shall exercise the powers to compound an offence,

subject to the direction, control and supervision of the appropriate Government.

(3) Every application for the compounding of an offence shall be made in such form and manner as

may be notified by the appropriate Government.

(4) Where any offence is compounded before the institution of any prosecution, no prosecution shall

be instituted against the offender in relation to whom the offence is so compounded.

(5) Where the compounding of any offence is made after the institution of any prosecution, such

composition shall be brought by the officer referred to in sub-section (1), in writing, to the notice of the

court in which the prosecution is pending and on such notice for compounding the offence being given,

the person against whom the offence is so compounded shall be discharged.

1. Ins. by Act 8 of 2026, s. 2 and Sch. (w.e.f. 01.07.2026).

(6) Any person who fails to comply with an order of compounding made by the officer referred to in

sub-section (1), shall be liable to pay a sum equivalent to twenty per cent. of the maximum fine provided

for the offence, in addition to fine provided for the said offence.

(7) No offence punishable under this Act shall be compounded except in accordance with the

provisions of this section.]

1[54. Authority for imposition of penalty and procedure therefor.— (1) The authority for

imposing the penalty under the Second Schedule with regard to contravention listed under

sub-section (3) of section 15, where the contravention is by port officer, shall be the conservator and

where the contravention is by the port, shall be such officer, as may be notified by the State Government.

(2) For the purpose of imposition of penalty under this Chapter, where the conservator is a body of

persons, the authority for imposition of penalty shall mean, one person appointed from amongst such

body of persons, in such manner as may be prescribed by the appropriate Government.

(3) The authority for imposing the penalty under the Second Schedule with regard to contraventions

listed under section 19, section 20, sub-section (1) of section 22, section 23, sub-section (1) of

section 26, sub-section (1) of section 32, section 39, sub-section (1) of section 40, section 41, section

43, sub-section (2) of section 47, section 49, sub-section (1) of section 52, section 57, section 65 shall

be the conservator.

(4) The authority for imposing the penalty under the Second Schedule with regard to section 36,

section 37, sub-section (1) of section 38, sub-section (2) of section 38, sub-section (3) of section 38,

sub-section (1) of section 44, sub-section (2) of section 44, sub-section (1) of section 66,

sub-section (4) of section 66, section 67, section 68, sub-section (1) of section 69 and sub-section (2) of

section 69 shall be the concerned principal officer under the Merchant Shipping Act, 2025 (24 of 2025).

(5) Before imposing any penalty specified under the Second Schedule, the parties shall be given an

opportunity of being heard.

(6) Every order of imposition of penalty under this section shall be in writing.]

55. Cognizance of offences.—No Court inferior to that of a Judicial Magistrate of the first class

shall take cognizance of any offence specified under the First Schedule.

56. Penalty for wilful failure to comply with orders of Dispute Resolution Committee.—Any

person who wilfully fails to comply with any order of the Dispute Resolution Committee against which

no appeal has been preferred, shall be liable to a penalty which may extend to one lakh rupees, and in

addition, penalty which may extend to one thousand rupees for every day during which such default

continues.

57. Penalty for failure to furnish information, etc.—No person shall,—

(a) make any statement or furnish any document which the person knows or has reason to believe

to be false in any material particular; or

(b) omit to state any material fact knowing it to be material; or

58. Recovery of fine or penalty.—Any fine imposed by the Magistrate under the First Schedule, or,

penalty imposed 2*** under the Second Schedule, may be recovered by distress and sale of the vessel

or part thereof, as may be deemed necessary.

59. Recovery of expenses and damages.—(1) Any dispute as to the sum to be paid as expenses or

damages under this Act shall be determined by a Magistrate upon an application made for that purpose

by either of the disputing parties.

1. Subs. by Act 8 of 2026, s. 2 and Sch., for s. 54 (w.e.f. 01.07.2026).

2. The words “by the conservator” omitted by s. 2 and Sch., ibid. (w.e.f. 01.07.2026).

(2) Any sum payable as expenses or damages under this Act which does not exceed twenty thousand

rupees may be recovered by the conservator or the Magistrate, as if it were a penalty or fine.

60. Cost of distress.—Whenever any penalty, fine, expenses or damages is or are levied under this

Act by distress and sale, the cost of distress and sale may be levied in addition to such penalty, fine,

expenses or damages, and in the same manner.

61. Magistrate to determine amount to be levied in case of dispute.—If any dispute arises

concerning the amount leviable by any distress or arrest under this Act or the costs payable under

section 60, the person making the distress or arrest may detain the goods seized or arrested, or the

proceeds of the sale thereof, until the amount to be levied has been determined by a Magistrate who,

upon an application made for that purpose, may determine the amount and award such costs to be paid

by either of the parties to the other of them as the Magistrate may deem reasonable and payment of such

costs if not paid on demand, shall be enforced as if they were a fine.

62. Place of trial and jurisdiction.—(1) Any person committing any offence under this Act may be

tried for such offence in any place in which that person may be found, or before any Magistrate having

jurisdiction over any district or place adjoining the port in which the offence takes place, or in any court

in which that person may be tried under any other law for time being in force.

(2) The Magistrate referred to in sub-section (1) may exercise all the powers of a Magistrate under

this Act in the same manner and to the same extent as if the offence had been committed locally within

the limits of his jurisdiction, notwithstanding that the offence may not have been committed locally

within such limits and in case any such Magistrate exercises the jurisdiction hereby vested in him, the

offence shall be deemed, for all purposes, to have been committed locally within the limits of his

jurisdiction.

63. Offences by companies.—(1) Where any offence under this Act has been committed by a

company, every person who, at the time the offence was committed, was directly in charge of, and was

responsible to, the company for the conduct of the business of the company, as well as the company,

shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished

accordingly:

Provided that nothing in this sub-section shall render any such person liable to any punishment

provided in this Act, if he proves that the offence was committed without his knowledge or that he

exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything in sub-section (1), where an offence under this Act has been committed

by a company and it is proved that the offence has been committed with the consent or connivance of,

or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the

company, such director, manager, secretary or other officer shall also be deemed to be guilty of that

offence and shall be liable to be proceeded against and punished accordingly.

Explanation.—For the purpose of this section,—

(a) “company” means anybody corporate and includes a co-operative society, a firm, a limited

liability partnership registered under the Limited Liability Partnership Act, 2008 (6 of 2009) or other

association of individuals; and

(b) “director”, in relation to a firm, means a partner in the firm.

CHAPTER XI

MISCELLANEOUS

64. Service of documents.—(1) Where, for the purposes of this Act any document is to be served

on any person, that document may be served in any case by delivering a copy thereof personally to the

person to be served or by leaving the same at his last place of residence, or by post.

(2) If the document is to be served—

(a) on the harbour master of a port, where there is one, by leaving the same for him at the port,

with the person being or appearing to be in command of the port;

(b) on the master of a vessel, where there is one, by leaving the same for him on board that vessel,

with the person being or appearing to be in command or charge of the vessel; and

the vessel, or, if such owner is not in India, on any agent of the owner residing in India, or, where no

such agent is known or can be found, by affixing a copy thereof on the vessel or at a suitable place

on the bridge.

65. Hoisting unlawful colours in port.—(1) In any port where hoisting is mandated by the

conservator, no vessel shall hoist, carry or wear, any flag, jack, pennant or colours, the use whereof is

unlawful.

(2) Every foreign vessel calling at a port in India shall hoist the flag of the flag State of the vessel

and the flag of the Republic of India.

66. Emergency preparedness and response plan.—(1) Every port shall frame an emergency

preparedness and response plan for the purposes of safety, security, disaster management and pollution

incidents in accordance with applicable law.

(2) The plan referred to in sub-section (1) shall be submitted to the Central Government for its

approval in such manner as may be directed by the Central Government in consultation with the State

Government.

(3) The Central Government may grant approval to the plan after taking into consideration such

factors as may be notified by the Central Government in consultation with the State Government.

(4) The conservator may issue directions for the implementation of the approved plan and the Central

Government may audit such implementation.

(5) The Central Government may, either suo motu or on the basis of an audit under sub-section (4),

issue directions to any person in order to ensure compliance with the provisions of this section and put

in place a national emergency response mechanism.

67. Reporting of incident.—Every port shall report the particulars of any incident such as property

damage, vessels sinking, vessel collisions or fire, in such manner as may be prescribed by the Central

Government in consultation with the State Government.

68. Shore based welfare services for seafarers.—Every port shall provide such shore based welfare

services as may be prescribed by the Central Government in consultation with the State Government,

for seafarers of vessels calling at the port.

69. Port community system and vessel traffic service.—(1) The Central Government may, by

notification, direct a port to adopt a mechanism for electronically integrating such port related data as

may be notified by the Central Government in consultation with the State Government, with the port

community system or any other centralised system.

(2) Every port shall maintain vessel traffic service within the port limits in accordance with

applicable law.

Explanation.—For the purposes of this section, the expressions,—

(a) “port community system” means a secure electronic system integrating the trade related

information submitted and exchanged therein, serving as a centralised portal for ports and other

relevant stakeholders in accordance with the Convention on Facilitation of International Maritime

Traffic, 1965 or any other requirement as may be directed by the Central Government;

(b) “vessel traffic service” shall have the same meaning as assigned to it in the Marine Aids to

Navigation Act, 2021 (20 of 2021).

70. Order for securing compliance.—The Central Government may issue directions to such port,

port facility, port officer, or person, to ensure compliance with any other laws for the time being in force

and the provisions of the Merchant Shipping Act, 1958 (44 of 1958) relating to the safety and security

of port facilities.

71. Prior clearance.—Any port undergoing a change in substantial ownership or effective control

shall obtain a prior clearance from the Central Government or a person authorised by it, in such form

and manner and within such time as may be notified by the Central Government in consultation with

the State Government.

72. Obligations of ports under international conventions.—Every port shall ensure that the

obligations, under the international conventions to which India is a party and as prescribed by the

Central Government, are discharged in accordance with such conventions.

73. Notification of mega port.—(1) The Central Government may, in consultation with the State

Government, by notification, specify the criteria for classification of a port as mega port.

(2) The Central Government may notify any major port, which satisfies the criteria notified under

sub-section (1), as a mega port.

(3) The Central Government may, in consultation with the State Government, notify any port other

than major port, which satisfies the criteria notified under sub-section (1), as a mega port.

(4) Notwithstanding its classification as a mega port under this section, a port shall retain its status

as either a major port or a port other than a major port, as applicable, and shall continue to be governed

by the respective laws applicable to such port.

74. Chairperson, members, officers and employees of Council, etc., to be public servants.—All

members, officers and other employees of the Council shall be deemed, when acting or purporting to

act in pursuance of any of the provisions of this Act, to be public servants within the meaning of

clause (28) of section 2 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023).

75. Application of certain laws.—The provisions of this Act shall be in addition to and not in

derogation of, the Major Port Authorities Act, 2021 (1 of 2021) and the Merchant Shipping Act, 1958

(44 of 1958), in so far as they relate to ports.

76. Power of Central Government to make rules.—(1) The Central Government may, by

notification and subject to the condition of previous publication, make rules to carry out the provisions

of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may

provide for all or any of the following matters, namely:—

(a) the salary and allowances and other conditions of service of the employees of the Council

under sub-section (2) of section 7;

(b) other officers of the port to be appointed under sub-section (2) of section 18;

(d) the powers to be delegated by the conservator and the persons to whom such powers may be

delegated under sub-section (6) of section 18;

(e) the manner of removal or alteration of obstruction and factors for determining compensation

under sub-section (5) of section 20;

(f) the qualifications, experience and other terms and conditions of service of the health officer to

be appointed under sub-section (2) of section 24;

(g) the measures to be taken at infected zone under clause (b) of sub-section (4) of section 24;

(h) the factors to be considered by the conservator in determining the expenses to be paid under

sub-section (2) of section 26;

(i) the form and manner of receipt of fees or other charges under sub-section (2) of section 48;

(j) the manner of appointment of conservator from a body of persons under sub-section (2) of

section 54;

(k) the obligations to be discharged by the ports under section 72.

77. Power of State Government to make rules.—(1) The State Government may, by notification

in the State Gazette and subject to the condition of previous publication, make rules to carry out the

provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may

provide for all or any of the following matters, namely:—

(a) the form and manner of making an application for adjudication of disputes referred to the

State Maritime Board under sub-section (2) of section 16;

(b) other matters in respect of which the State Maritime Board shall exercise powers of civil court

under clause (d) of sub-section (4) of section 16;

(d) the terms and conditions of service of officers under sub-section (3) of section 18;

(e) the powers to be delegated by the conservator and the persons to whom such powers may be

delegated under sub-section (6) of section 18;

(f) the manner of removal or alteration of obstruction and factors for determining compensation

under sub-section (5) of section 20;

(g) the qualification, experience and other terms and conditions of service of the health officer to

be appointed under sub-section (2) of section 24;

(h) the measures to be taken at infected zone under clause (b) of sub-section (4) of section 24;

(i) the factors to be considered by the conservator in determining the expenses to be paid under

sub-section (2) of section 26;

(j) the form and manner of receipt of fees or other charges under sub-section (2) of section 48;

(k) the manner of appointment of conservator from a body of persons under sub-section (2) of

section 54.

78. Power of Central Government to make rules in consultation with State Governments.—(1)

The Central Government in consultation with the State Governments may, by notification, and subject

to the condition of previous publication, make rules to carry out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may

provide for all or any of the following matters, namely:—

(a) the form and the manner of notification of any part of the navigable rivers or channels leading

to ports under sub-clause (iii) of clause (a) of sub-section (3) of section 1;

(b) the norms, form and manner of notifying a new port and altering port limits under

sub-section (2) of section 11;

clause (a) of sub-section (5) of section 24;

(d) the manner of reporting of disease by the master under clause (b) of sub-section (5) of

section 24;

(e) the conditions subject to which port shall provide reception facilities under section 36;

(f) the form and manner of preparing port waste reception and handling plan under

sub-section (1) of section 38;

(g) the information about the port waste reception and handling plan and manner of

communicating such information under sub-section (3) of section 38;

(h) the form, manner and time for submitting an advance waste notice under section 39;

(i) the conditions for delivery of vessel-generated waste under sub-section (1) of section 40;

(j) the form and manner of issuance of waste delivery receipt under sub-section (2) of section 40;

(k) the intervals and manner of conducting audit of ports under sub-section (1) of section 42;

(l) the manner of reporting incidents under sub-section (1) of section 44;

(m) the form, manner and time for reporting arrival of vessel at port under section 49;

(n) the manner of reporting of incidents under section 67;

(o) the provision of shore based welfare services under section 68.

79. Power of Council to make regulations.—(1) The Council may, by notification and subject to

the condition of previous publication, make regulations 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 regulations

may provide for all or any of the following matters, namely:—

(a) the manner and conditions subject to which the Chairperson may invite persons to meetings

of the Council under sub-section (3) of section 3;

(b) the manner of transaction of business at meetings of the Council under sub-section (4) of

section 3;

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;

sub-section (4) of section 47;

(d) such other matters as it may deem fit.

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

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.

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.

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.

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.

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;

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.

1[THE FIRST SCHEDULE

[See section 53A(1)]

Punishment for certain offences

Serial No. Offences Section to

which

offence is

referred

Punishment

(1) (2) (3) (4)

1. If any port commences or

carries on operations in

contravention of section 10

10 Fine which may extend to one lakh rupees and in

addition, a fine which may extend to ten thousand

rupees for every day during which the offence

continues after conviction.

2. If any master of a vessel fails

to permit warps or hawsers to be

made fast or let go of any warps

or hawsers in contravention of

section 27

27 Imprisonment which may extend to six months

or fine which may extend to one lakh rupees or both.

3. If master omits to take order

to extinguish the fire or obstructs

the conservator or any person in

extinguishing or attempting to

extinguish the fire, in

contravention of section 28

28 Imprisonment which may extend to six months

or fine which may extend to one lakh rupees or both.

4. If any person does or omits to

do any act relating to safety of

vessels in contravention of sub-

section (1) of section 29

29(1) Imprisonment which may extend to six months

or fine which may extend to one lakh rupees or both.

5. If the master of the vessel

causes or suffer any warp or

hawser attached to his vessel to

be left out in any port in

contravention of sub-section (2)

of section 29

29(2) Imprisonment which may extend to six months

or fine which may extend to one lakh rupees or both.

6. If any person commits any

act in contravention of sub-

section (3) of section 29

29(3) Imprisonment which may extend to six months

or fine which may extend to one lakh rupees or both.

7. If any unauthorised person

searches for lost stores in

contravention of section 30

30 Imprisonment which may extend to six months

or fine which may extend to one lakh rupees or both.

8. If any person injures any

bank or shore in contravention of

section 31

31 Imprisonment which may extend to six months

or fine which may extend to one lakh rupees or both.

9. If any port fails to obtain

prior clearance in contravention

of section 71

71 Fine which may extend to fifty thousand

rupees.

1. Sub. by Act 8 of 2026, s. 2 and Sch., for “First Schedule and the Second Schedule” (w.e.f. 01.07.2026).

THE SECOND SCHEDULE

[See section 53(3)]

Penalty for certain contraventions

Serial No. Contravention Section Penalties

(1) (2) (3) (4)

1. If any port other than major

port or port officer fails to

comply with directions of the

State Maritime Board under sub-

section (3) of section 15

15(3) In case of contravention by a port officer, penalty

which may extend to ten thousand rupees and in

addition, penalty not exceeding one thousand rupees

for every day during which such default continues.

In case of contravention by port, penalty which

may extend to two lakh rupees and in addition,

penalty not exceeding twenty thousand rupees for

every day during which such default continues.

2. If any person refuses or

neglects to obey any direction of

the conservator issued under

section 19

19 Penalty which may extend to twenty thousand

rupees and in addition, penalty not exceeding five

thousand rupees for every day during which such

default continues.

3. If any owner has without

lawful excuse caused any

obstruction or impediment under

section 20

20 Penalty which may extend to two lakh rupees

and in addition, penalty not exceeding twenty

thousand rupees for every day during which such

default continues.

4. If any master of a vessel or

any other person lifts the buoys

or moorings without assistance of

the conservator in contravention

of sub-section (1) of section 22

22(1) Penalty which may extend to one lakh rupees.

5. If the master of the vessel, or

any person in possession or

occupation of the building or

place, without lawful excuse,

refuses to allow the conservator

or any person to board or enter

such vessel, building or place in

contravention of section 23

23 Penalty which may extend to ten thousand

rupees for the first contravention and in addition,

penalty not exceeding ten thousand rupees for every

day during which such default continues.

6. If any person without lawful

excuse, removes, destroys or

damages any property in

contravention of sub-section (1)

of section 26

26(1) Penalty which may extend to one lakh rupees

and in addition, expenses for any loss, destruction or

damage suffered by the port, including expenses of

any inspection or survey carried out.

7. If any owner or master of a

vessel enters, leaves or moves in

any port in contravention of sub-

section (1) of section 32

32(1) Penalty which may extend to two lakh rupees.

8. If any port fails to provide

adequate reception facilities in

contravention of section 36

36 Penalty which may extend to two lakh rupees.

(1) (2) (3) (4)

9. If any port fails to comply

with directions of the Central

Government under section 37

37 Penalty which may extend to one lakh rupees

and in addition, penalty which may extend to twenty

thousand rupees for every day during which such

default continues.

10. If any port fails to prepare a

port waste reception and

handling plan in contravention of

sub-section (1) of section 38

38(1) Penalty which may extend to one lakh rupees.

11. If any port fails to implement

the approved port waste

reception and handling plan in

contravention of sub-section (2)

of section 38

38(2) Penalty which may extend to one lakh rupees.

12. If any port fails to

communicate any information to

vessels in contravention of

sub-section (3) of section 38

38(3) Penalty which may extend to twenty thousand

rupees.

13. If any operator, agent or

master of a vessel fails to submit

an advance waste notice in

contravention of section 39

39 Penalty which may extend to twenty thousand

rupees.

14. If any master of a vessel fails

to deliver all its vessel-generated

waste to a reception facility in

contravention of sub-section (1)

of section 40

40(1) Penalty which may extend to one lakh rupees.

15. If the owner or master of any

vessel fails to pay the charges

payable or fails to comply with

the conditions under section 41

41 Penalty which may extend to twenty thousand

rupees and in addition, penalty which may extend to

two thousand rupees for every day during which such

default continues.

16. If any person fails to upload

information on the portal in

contravention of section 43

43 Penalty which may extend to ten thousand

rupees.

17. If any port fails to report the

particulars of any incident in

contravention of sub-section (1)

of section 44

44(1) Penalty which may extend to one lakh rupees.

18. If any port fails to comply

with the directions issued by the

Central Government under

sub-section (2) of section 44

44(2) Penalty which may extend to one lakh rupees

and in addition, penalty which may extend to ten

thousand rupees for every day during which such

default continues.

19. If the Authority or

concessionaire or person or body

of persons fails to publish the

port tariff in contravention of

sub-section (2) of section 47

47(2) Penalty which may extend to fifty thousand

rupees and in addition, penalty which may extend to

five thousand rupees for every day during which

such default continues.

(1) (2) (3) (4)

20. If any owner, agent or master

of a vessel fails to report the

arrival of a vessel in

contravention of section 49

49 Penalty which may extend to twenty thousand

rupees.

21. If any master of a vessel fails

to pay any fees or other charges

in contravention of

sub-section (1) of section 52

52(1) Penalty which may extend to twice the amount

of fees or other charges due, subject to a minimum of

twenty thousand rupees.

22. If any person fails to furnish

or furnishes information in

contravention of section 57

57 Penalty which may extend to two lakh rupees

and in addition, penalty which may extend to two

thousand rupees for every day during which such

default continues.

23. If the master of any vessel

unlawfully hoists or fails to hoist

any flag in contravention of

section 65

65 Penalty which may extend to twenty thousand

rupees.

24. If any port fails to prepare a

safety, security, disaster

management and pollution

incident emergency preparedness

and response plan in

contravention of sub-section (1)

of section 66

66(1) Penalty which may extend to two lakh rupees.

25. If any port fails to comply

with the directions issued by the

conservator in contravention of

sub-section (4) of section 66

66(4) Penalty which may extend to two lakh rupees.

26. If any port fails to report

particulars of any incident in

contravention of section 67

67 Penalty which may extend to one lakh rupees.

27. If any port fails to provide

shore based welfare services in

contravention of section 68

68 Penalty which may extend to twenty thousand

rupees.

28. If any port fails to comply

with directions of the Central

Government issued under

sub-section (1) of section 69

69(1) Penalty which may extend to fifty thousand

rupees.

29. If any port fails to develop or

maintain a vessel traffic service

in contravention of

sub-section (2) of section 69

69(2) Penalty which may extend to one lakh rupees.]

THE THIRD SCHEDULE

[See section 13(1)]

State Maritime Boards constituted or established under State Acts

Serial No. Name of State

Maritime Board

Name of State Act Date of establishment

(1) (2) (3) (4)

1. Gujarat Maritime Board Gujarat Maritime Board

Act, 1981 (Gujarat Act No. 30

of 1981)

The 3rd November, 1981

2. Maharashtra

Maritime Board Maharashtra Maritime

Board Act, 1996 (Maharashtra

Act XV of 1997)

The 4th October, 1996

3. Tamil Nadu

Maritime Board Tamil Nadu Maritime

Board Act, 1995 (Tamil Nadu

Act No. 4 of 1996)

The 18th March, 1997

4. The West Bengal Maritime

Board

West Bengal Maritime

Board Act, 2000 (West Bengal

Act XXX of 2000)

The 1st October, 2015

5. Karnataka Maritime Board Karnataka Maritime Board

Act, 2015 (Karnataka Act 41

of 2017)

The 9th September, 2019

6. Kerala Maritime Board Kerala Maritime Board

Act, 2017 (Kerala Act 16 of

2017)

The 2nd February, 2018

7. Andhra Pradesh Maritime

Board

Andhra Pradesh Maritime

Board Act, 2018 (Andhra

Pradesh Act No. 16 of 2019)

The 16th December, 2019

8. Odisha State Maritime

Board

Odisha State Maritime

Board Act, 2022 (Odisha Act

No. 01 of 2022)

The 28th March, 2022

STATEMENT OF OBJECTS AND REASONS

The Indian Ports Act, 1908 (the 1908 Act) was a pre-independence legislation, enacted to

consolidate the laws on ports and port-charges. It consisted of provisions on the powers of the

Central Government and the State Governments for extending or withdrawing the applicability

of Act and altering port limits, appointment of port-officials and their powers and duties, safety

and conservation of ports, levy of port-dues, fees and other charges, penalties and supplemental

provisions.

2. India has witnessed expansion in the number of operational ports as well as the overall

traffic being handled at ports. Since the enactment of the 1908 Act, there have been significant

changes in both the commercial operations of ports and the international norms for prevention of

pollution of ports. In order to facilitate the development of the port sector in a planned manner, it

was felt necessary to reflect the present-day frameworks, incorporate India’s international

obligations, address emerging environmental concerns and aid the consultative development of

the ports sector in the national interest.

3. The proposed legislation seeks to effectively adopt international obligations, allowing

adequate power to frame subordinate legislation, keeping our domestic priorities in mind. It

further seeks to integrate development of ports so as to utilise India’s coastline in a coherent and

sustainable way. It also seeks to reinforce and empower the State Maritime Boards to effectively

administer, control and manage ports other than major ports, within each coastal State and Union

territory.

4. In view of the above, it has become imperative to repeal the Indian Ports Act, 1908 and to

provide for a contemporaneous and dynamic legislation to meet the requirements of India as an

emerging economy. The Indian Ports Bill, 2025, inter alia, seeks to provide for the following,

namely:––

(i) to define the term “appropriate Government” or “Government” and clarify that in

relation to major ports, means the Central Government; and in relation to ports other than

major ports, means the State Government;

(ii) applies to all existing ports to which the provisions of the Indian Ports Act, 1908

applied; all new ports notified under the Bill; notified parts of navigable river or channel which

leads to such new port; all vessels within port limits; and all aircrafts making use of any part

of the port, while on water;

(iii) the establishment of a body to be notified as Maritime State Development Council by

the Central Government, which would be responsible for making recommendations to the

Government, inter alia, including, efficient and conducive framework for ports in India;

measures for growth of the port sector and to promote competition and efficiency in the

operation of ports; and discharge other functions;

(iv) to empower the Government to notify a new port or to alter the limits of any port;

(v) to empower the Central Government to formulate a national perspective plan for the

purposes of maritime trade and to prioritise associated infrastructure development of ports;

(vi) to provide for statutory recognition to State Maritime Boards established or constituted

by the State Government or body of persons or a department of the State Government

executing such functions and empower the State Maritime Boards with supervisory,

developmental and other functions for effective administration, control and management of

ports other than major ports;

(vii) to provide for the creation of new adjudicatory mechanism which requires every State

Government to constitute a Dispute Resolution Committee, by notification, for the purposes

of adjudicating any dispute arising between ports other than major ports, concessionaires, port

users and port service providers within the State and bars the jurisdiction of civil courts from

entertaining any matter which the Dispute Resolution Committee is empowered to determine

under the Bill;

(viii) powers of conservators have been enlarged, for effective superintendence over ports

as far as safety and conservation of ports are concerned;

(ix) to mandate provision of reception facilities in compliance with the International

Convention for the Control and Management of Ships’ Ballast Water and Sediments 2004 and

the International Convention for the Prevention of Pollution from Ships, 1973, including its

Protocol of 1978;

(x) to provide for preparation of port waste reception and handling plan by each port;

(xi) to empower Board of Major Port Authority or the board of directors, where a major

port is a company registered under the Companies Act, 2013, to fix the port tariff for major

ports and to empower the respective State Maritime Boards to fix the port tariff for every port

other than major port;

(xii) to provide for preparation of emergency preparedness and response plan by each port

for the purposes of safety, security, disaster management and pollution incidents;

(xiii) to make provisions for offences and to empower the Judicial Magistrate of first class

to impose punishment against offences;

(xiv) to make provisions for penalties and procedure and to empower the conservator to

impose a penalty against those contraventions;

(xv) to empower the Central Government to direct ports to adopt mechanism for

electronically integrating port related data;

(xvi) requirement of prior clearance from the Central Government when a port is

undergoing change in substantial ownership or effective control;

(xvii) classification of a major port or a port other than major port as a mega port by

notification, when such port fulfils the criteria notified by the Central Government in

consultation with the State Government;

(xviii) to clarify that the Bill is in addition, and not in derogation to existing legislations

such as the Major Port Authorities Act, 2021 and the Merchant Shipping Act, 1958;

(xix) to empower the Central Government to make such provisions not inconsistent with

the provisions of the Bill, as appear to it to be necessary or expedient, for removing the

difficulty before the expiry of a period of three years from the date of commencement of the

Bill;

(xx) to repeal the Indian Ports Act, 1908 and to provide for saving of certain actions taken

thereunder.

5. The Notes on clauses explain in detail the various provisions contained in the Bill.

6. The Bill seeks to achieve the above objectives.

NEW DELHI; SARBANANDA SONOWAL.

The 18th March, 2025.