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Short title.
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1. This Act may be cited as the Sri Lanka Ports Authority (Amendment) Act.
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Replacement of section 5 of Chapter 232.
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2. Section 5 of the Sri Lanka Ports Authority Act (hereinafter referred to as the “principal enactment”) is hereby repealed and the following section substituted therefor : –
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” Board of Directors of the Ports Authority.
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5.
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(1) The Ports Authority shall have a Board of Directors consisting of
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(a) the Chairman and four other Directors all of whom shall be appointed by the Minister from among persons who appear to the Minister to have wide experience in, and to have shown capacity in, port development or port operations or legal or financial matters, or shipping, commercial or engineering activities or administration or labour relations;
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(b) a representative of the General Treasury nominated by the Minister in charge of the subject of Finance;
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(c) the Managing Director appointed under section 13;
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(d) the Principal Collector of Customs: and
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(e) a representative of the Ministry charged with the subject of Fisheries nominated by the Minister in charge of that subject.
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(2) The Minister may appoint one of the Directors appointed under subsection (1) (a) or subsection (1) (c), other than the Chairman, to be the Vice-Chairman of the Ports Authority.
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(3) The provisions of Schedule I to this Act shall have effect in relation to the Ports Authority. “,
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Amendment of section 7 of the principal enactment.
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3. Section 7 of the principal enactment is hereby amended in subsection (1) of that section, by the substitution for the words ” to any member “, of the words ” to any Director “.
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Amendment of section 8 of the principal enactment.
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4. Section 8 of the principal enactment is hereby amended in subsection (2) of that section, by the substitution, for the words ” direct the Ports Authority “, of the words “direct the Ports Authority in writing “.
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Amendment of section 11 of the principal enactment.
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5. Section 11 of the principal enactment is hereby amended as follows:
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(a) by the substitution for the words ” All members,”, of the words “All Directors,”; and
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(b) in the marginal note to that section, by the substitution for the word ” Members,”, of the word ” Directors.”
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Replacement of section 13 of the principal enactment.
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6.
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(1) Section 13 of the principal enactment is hereby repealed and the following section substituted therefor: –
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” Managing Director.
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13.
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(1) The Minister shall appoint a competent and experienced person as Managing Director.
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(2) The Managing Director shall, subject to the general direction of the Ports Authority on matters of policy and special directions of the Chairman, be charged with the direction of the business of the Ports Authority, the organization and the exercise, performance and discharge of its powers, duties and functions and the administrative control of the employees of that Authority.
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(3) The Managing Director may, with the approval in writing of the Ports Authority, delegate in writing to any other employee of the Authority such of his powers, duties or functions as he may from time to time consider necessary, and any employee to whom such powers, duties or functions are so delegated shall exercise them subject to the general or special directions of the Managing Director.
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(4) If the Managing Director is temporarily absent from Sri Lanka or is temporarily incapacitated by illness or for other reasons is temporarily unable to perform his duties, another person may be appointed by the Minister to act in the place of the Managing Director until he is able to resume duties. “.
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(2) The amendment made to the principal enactment by subsection (1) of this section shall be deemed to have come into force on the first day of June, 1981.
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Amendment of section 14 of the principal enactment.
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7. Section 14 of the principal enactment is hereby amended as follows :
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(a) in subsection (1) and (2) of that section, by the substitution for the words ” Finance Manager “, of the words ” Chief Finance Manager M ; and
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(b) in the marginal note to that section, by the substitution for the words ” Finance Manager. “, of the words ” Chief Finance Manager. “.
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Insertion of new section 14A in the principal enactment.
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8. The following new section is hereby inserted immediately after section 14 of the principal enactment, and shall have effect as section 14A of that enactment:
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” Harbour Master and Deputy Harbour Master.
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14A.
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(1) The Ports Authority shall appoint a Harbour Master and such number of Deputy Harbour Masters as are necessary for the purpose of giving effect to the principles and provisions of this Act.
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(2) In any written law any reference made to the Master Attendant shall be deemed to be a reference to the Harbour Master. “.
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Amendment of section 15 of the principal enactment.
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9. Section 15 of the principal enactment is here by amended as follows:
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(a) in subsection (1) of that section, by the substitution, for the words ” Colombo Port Commission “, of the words ” Colombo Port Commission and the Coast Lights and Beacons Division of the Department of Merchant Shipping”;
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(b) in subsection (2) of that section, by the substitution for the words ” Colombo Port Commission”, wherever those words occur in that section, of the words ” Colombo Port Commission and the Coast Lights and Beacons Division of the Department of Merchant Shipping “; and
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(c) in the marginal note to that section, by the substitution for the words ” Colombo Port Commission “, of the words “Colombo Port Commission and the Coast Lights and Beacons Division of the Department of Merchant Shipping “.
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Amendment of section 16 of the principal enactment.
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10. Section 16 of the principal enactment is hereby amended as follows:-
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(a) by the addition immediately after subsection (4) of that section of the following subsection : –
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“(5) Where any public officer referred to in subsection (1) does not accept permanent employment with the Ports Authority under subsection (4) the Authority may, notwithstanding that such employment has been terminated, offer temporary employment to such officer subject to such terms and conditions as may be imposed by such Authority:
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Provided, however, where any disciplinary inquiry is or was pending against any such officer employed by the Ports Authority, the Authority may conduct any inquiry and terminate the services of such officer or change the conditions of service of such officer.”; and
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(b) in the marginal note to that section, by the substitution for the words ” Colombo Port Commission “, of the words ” Colombo Ports Commission and the Coast Lights and Beacons Division of the Department of Merchant Shipping”.
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Amendment of section 17 of the principal enactment.
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11. Section 17 of the principal enactment is hereby amended as follows :-
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(a) in paragraph (a) of that section, by the substitution, for the words ” Colombo Port Commission “, of the words “Colombo Port Commission and the Coast Lights and Beacons Division of the Department of Merchant Shipping “; and
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(b) in the marginal note to that section, by the substitution, for the words ” Colombo Port Commission “, of the words “Colombo Port Commission and the Coast Lights and Beacons Division of the Department of Merchant Shipping “.
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Amendment of section 21 of the principal enactment.
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12, Section 21 of the principal enactment is hereby amended in subsection (1) of that section, by the substitution for the words ” Colombo Port Commission of the words ” Colombo Ports Commission and the Coast Lights and Beacons Division of the Department of Merchant Shipping “.
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Insertion of new section 22A in the principal enactment.
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13. The following new section is hereby inserted immediately after section 22 of the principal enactment, and shall have effect as section 22A of that enactment :-
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” Provisions in regard to termination of services.
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22A. Where the services of any employee of the Ports Authority are to be terminated on any ground other than that of misconduct, notice of such termination shall be given by the Ports Authority to such employee at least one month before the date of such termination or one month’s salary or wages shall be paid to him by such Authority in lieu of such notice. “.
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Replacement of section 23 of the principal enactment.
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14. Section 23 of the principal enactment is hereby repealed and the following section substituted therefor:
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“Transfer of property held by the Port Commissioner (Cargo) Corporation and the Port Tally and Protective Services Corporation to the Ports Authority.
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23.
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(1) With effect from the appointed date, all State land within the Ports of and of the Port Colombo, Galle and Trincomalee, all State land at any other place held or administered by the Port Commissioner, all movable property (including money) held or possessed by the Port Commissioner and all property movable and immovable (including money in the funds) of the Port (Cargo) Corporation, and the Port Tally and Protective Services Corporation including all assets, powers, rights, interests and privileges of the Port Commissioner, the Port (Cargo) Corporation and the Port Tally and Protective Services Corporation, subsisting on the day immediately preceding the appointed date, shall be transferred to and vest in the Ports Authority.
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(2) Upon such transfer, all debts, liabilities and obligations in connexion with or appertaining to the property of the State, of the Port Commissioner, the Port (Cargo) Corporation and the Port Tally and Protective Services Corporation referred to in subsection (1) shall also be transferred to, and deemed to have been incurred by, the Ports Authority. “.
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Amendment to section 24 of the principal enactment.
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15. Section 24 of the principal enactment is hereby amended as follows : –
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(a) in subsection (1) of that section, by the substitution for the words ” any land of the Republic “, of the words ” any State land “; and
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(b) in the marginal note to that section, by the substitution for the words “land of the Republic”, of the words ” State land “.
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Amendment of section 25 of the principal enactment.
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16. Section 25 of the principal Amendment of enactment is hereby amended as follows : –
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(a) in subsection (1) of that section –
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(i) by the substitution for the words ” Where any immovable property, other than property of the Republic,”, of the words ” Where any land, other than State land,”;
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(ii) by the substitution for the words ” such property, that property may, “, of the words ” such land, that land may, n; and
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(b) in subsection (2) of that section, by the substitution, for the words ” any immovable property “, of the words ” any land “.
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Amendment of section 38 of the principal enactment.
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17. Section 38 of the principal enactment is hereby amended by the repeal of subsections (3), (4) and (5) of that section, and the substitution therefor of the following subsections :-
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“(3) Charges in respect of goods to be landed, shall become payable immediately on the landing of the goods, or within such time whether before or after the landing of the goods as may be determined by the Ports Authority.
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(4) Charges in respect of goods to be shipped, shall be payable before the goods are shipped or within such time after the goods are shipped as may be determined by the Ports Authority.
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(5) Charges in respect of goods to be removed from the premises of the Ports Authority shall be payable on demand before the goods are removed from the premises or within such time after the goods are removed from the premises as may be determined by the Ports Authority.”.
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Amendment of section 42 of the principal enactment.
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18. Section 42 of the principal enactment is hereby amended by the repeal of subsection (1) of that section, and the substitution therefor, of the following subsection :-
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“(1) Where there is any false or incorrect information in any document furnished to the Ports Authority in regard to any port services or any goods by or on behalf of the consignee, consignor, importer, exporter, shipper, owner of those goods or by or on behalf of any master or owner of any vessel or agent of any such master or owner, the Ports Authority may notwithstanding anything to the contrary in any other provisions of this Act, order the consignee, consignor, importer, exporter, shipper, owner of such goods, or the master or owner of any such vessel or an agent of such master or owner, as the case may be, to pay for such service or such goods twice the normal charges made for such service or such goods.”.
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Insertion of new section 42A in the principal enactment.
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19. The following new section is hereby inserted immediately after section 42 of the principal enactment, and shall have effect as section 42A of that enactment:
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” Procedure for recovery.
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42A.
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(1) If the consignee, consignor, importer, exporter, shipper, owner of the goods or the master or owner of any vessel or agent of any such master or owner, as the case may be, refuses, fails or neglects to pay any charges due to the Authority, the Authority shall intimate to such consignee, consignor, importer, exporter, shipper, owner of the goods or the master or owner of any vessel or agent of any such master or owner, as the case may be, the charges due by way of a certificate by posting such certificate to the last known address, and such certificate shall be published in the Gazette.
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(2) Any person aggrieved by the certificate shall, within a period of thirty days of the posting of such certificate, make an application to the District Court having jurisdiction in any district where such person resides or in which any property movable or immovable, owned by such person is situated.
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(3) If no application is made to Court within such period referred to in subsection (2) the Authority shall be entitled to recover such amount due as a debt and the Court shall direct a writ of execution to issue to the Fiscal authorizing and requiring him to seize and sell all or any property movable and immovable of that person or such part thereof as may be necessary for the recovery of that sum and the provisions of section 226 to 297 of the Civil Procedure Code shall mutatis mutandis apply to the execution of such writ and the seizure and sale and nothing in this Act shall be deemed to be in derogation of the rights of the Ports Authority to recover the said charges or any part thereof by any other legal proceedings:
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Provided, however, that the provisions of this section shall not apply to cargo that is imported or is to be exported which have not been granted customs clearance or to cargo that is liable to be seized under the Customs Ordinance.”.
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Amendment of section 46 of the principal enactment.
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20. Section 46 of the principal enactment is hereby amended as follows : –
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(1) by the renumbering of that section as subsection (1) of that section; and
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(2) by the addition, immediately after subsection (1) of that section, of the following subsection : –
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“(2) The owner, importer, exporter, shipper or consignee shall have no claim on the Ports Authority for the loss of any such goods or damage to any such goods due to an act of God, war, civil war or commotion or strike or lock-out.”.
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Insertion of new sections 61A and 61 Bin the principal enactment.
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21. The following new sections are hereby inserted immediately after section 61 of the principal enactment, and shall have effect as sections 61A and 61B of that enactment:
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Possession of offensive weapons, explosives, &c.
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61A.
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(1) Any person who within the limits of any specified port or at the entrance thereto, without lawful authority carries any gun or any prohibited knife or is found having in his possession any dangerous or offensive weapon or ammunition or explosives shall be guilty of an offence and shall be liable on conviction to a fine not exceeding five thousand rupees or to imprisonment of either description for a period not exceeding two years or to both such fine and imprisonment and for the forfeiture of such gun, prohibited knife, ammunition or explosives as the case may be, notwithstanding that such punishment exceeds the ordinary jurisdiction of a Magistrate.
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(2) An offence under this section shall be deemed to be an cognizable offence within the meaning of the Code of Criminal Procedure Act No. 15 of 1979.
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(3) In this section
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(i) gun” shall have the same meaning as in the Firearms Ordinance;
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(ii) “prohibited knife” shall have the same meaning as in the Dangerous Knives Ordinance;
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(iii) ” offensive weapon shall have the same meaning as in the Offensive Weapons Act; and
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(iv) ” explosives ” shall have the same meaning as in the Explosives Act.
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Certain provisions’ of the Code of Criminal Procedure Act not to apply to persons convicted or found guilty of an offence under section 61A or 66H.
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61B. Notwithstanding anything in the Code of Criminal Procedure Act
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(a) the provisions of section 303 of that Act shall not apply in the case of any person who is convicted;
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(b) the provisions of section 306 of that Act shall not apply in the case of any person who pleads or is found guilty,
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by or before any Court of any offence under sections 61A or 66H of this Act. ‘.
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Amendment to section 65 of enactment.
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22. Section 65 of the principal enactment is hereby amended by the repeal of subsection (2) of that subsection, and the substitution therefor, of the following subsection:
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“(2) It shall be lawful for an employee of the Ports Authority authorized in that behalf by the Authority to investigate and inquire into any matter and conduct prosecutions which fall within Chapter XVII of the Code of Criminal Procedure Act involving the Ports Authority. “.
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Insertion of new sections 66A, 66B, 66C, 66D, 66E. 66F. 66G, 66 H, 66J, 66K and 66L in the principal enactment.
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23. The following new sections are hereby inserted immediately after section 66 of the principal enactment, and shall have effect as sections 66A, 66B, 66c, 66D, 66E, 66F, 66G, 66H, 66J, 66K and 66L of that enactment:
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“Property liable for confiscation to be taken into custody.
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66A.
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(1) Where there is reason to believe that an offence under this Act or any regulation or rule made thereunder has been committed, all equipment, tools, carts, vessels, guns, tackle, apparel, motor vehicles or any other means of conveyance used in committing any such offence, together with any goods, may be taken into custody by any officer of the Ports Authority duly authorized in writing in that behalf, within the area of the Ports Authority and such officer may detain the person in possession of such property and hand over such person to the nearest police station:
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Provided, however, such equipment, tools, carts, vessels, guns, tackle, apparel, motor vehicles or other means of conveyance used in the commission of any such offence shall not be taken into custody if they are liable to be taken over under the Customs Ordinance.
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(2) Where any property is taken into custody under subsection (1) the Authority shall produce such property when proceedings are instituted and the Court may permit the Authority to have custody of the same until the conclusion of such proceedings and produce whenever required by Court.
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Procedure in taking property into custody.
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66B. Every officer taking into custody any property referred to in section 66A shall place on such property or the receptacle (if any) in which it is contained a mark indicating that the same has been so taken into custody and shall as soon as may be, make a report of the circumstances. Upon the receipt of such report the Ports Authority shall forthwith forward the same to the Magistrate having jurisdiction to try the offence and such Magistrate shall take such measures as may be necessary to hear and determine the case and the disposal of the property according to law.
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Power of Court to confiscate conveyance, goods, & c.
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66C. Where any person is convicted of an offence under this Act, or any regulation or rule made thereunder, all equipment, tools, carts, vessels, tackle, apparel, motor vehicles, and other means of conveyance used in the committing of any offence, together with any goods and all other things made use of in any way in the concealment or removal of any goods, shall be confiscated, by order of the convicting Magistrate. Such confiscation shall be in addition to any other punishment prescribed for such offence.
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Disposal on conclusion of trial.
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66D. When the trial of an offence under this Act or any regulation or rule made thereunder has been concluded, the property confiscated shall be taken possession of by an officer of the Ports Authority duly authorized in that behalf and may be disposed of in such manner as the Court may order.
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Property when vested in the Ports Authority.
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66E. Where an order for the confiscation of any property has been made and an appeal has not been presented or where on an appeal the order has been confirmed the property confiscated shall vest in the Ports Authority free from all encumbrances.
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Power of authorized Officer to prevent commission of offence.
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66F. Any employee of the Ports Authority duly authorized by the Authority or a police officer shall prevent the commission of any offence under this Act or any rule or regulation made thereunder.
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Compounding of offences.
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66G.
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(1) An employee of the Ports Authority duly authorized in that behalf may having regard to the circumstances in which the offence was committed and the seriousness of the offence, compound an offence under this Act or any regulation or rule made thereunder for a sum of money equal to not less than one-fifth of the maximum fine imposable for such offence, and may, as part of the compounding of the offence, order the release of any thing taken into custody under section 66A:
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Provided that where an action in respect of any offence has already been instituted in a court of law, such employee may compound the offence only with the consent of the Magistrate.
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(2) The compounding of any offence under this section –
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(a) shall be notified in writing under the signature of both parties to the Magistrate;
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(b) shall have the effect of an acquittal of the accused.
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Possession of articles presumed to have been stolen.
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66H.
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(1) It shall be the duty of every person entering any specified port to make a declaration in the prescribed form of all articles in his possession at the time of entering such port and hand over such declaration to the officer authorized by the Ports Authority to accept such declaration.
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(2) If any article not declared under subsection (1) is found in the possession of any person, such article shall be presumed to be stolen property until the contrary is proved.
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(3) Where any officer duly authorized by the Ports Authority or any police officer finds any person in possession or charge of any article presumed to be stolen he may detain such person and hand over such person to the nearest police station to be dealt with according to law,
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Disposal of perishable property.
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66J.
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(1) The Ports Authority may, notwithstanding anything hereinbefore contained, direct the sale of any property taken into custody under section 66A and subject to speedy and natural decay, and may deal with the proceeds as it might have dealt with such property if it had not been sold :
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Provided, however, if the claimant shall give security to the satisfaction of the Ports Authority equal to the value of such property, the Ports Authority shall forthwith release such property and allow such property to be removed by the claimant.
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(2) Where the property referred to in subsection (1) is taken into custody and the claimant is found not guilty by court the proceeds of the sale after deducting the payments referred to in subsection (6) of section 39 shall be paid to such claimant.
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Property confiscated may be sold.
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66K. It shall be lawful for the Ports Authority to sell by public auction property confiscated under the provisions of this Act or any regulation or rule made thereunder, and the proceeds of such sale shall be applied by the Ports Authority for the payments referred to in subsection (6) of section 39 and the balance (if any) shall be credited to the reward fund of the Ports Authority.
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Averment of offence.
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66L. In any inquiry or other proceeding for any offence under this Act the averment that such offence was committed within the limits of any port or within the area of the Ports Authority shall be sufficient, without proof of such limits or the area of the Ports Authority, unless the contrary is proved.”.
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Amendment of section 68 of the principal enactment.
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24. Section 68 of the principal enactment is hereby amended by the repeal of subsection (2) of that section.
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Amendment of section 69 of the principal enactment.
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25.
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(1) Section 69 of the principal enactment is hereby amended as follows : –
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(a) by the renumbering of that section as subsection (1) of that section;
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(b) in paragraph (b) of the renumbered subsection (1) of that section, by the substitution for the words ” any member”, of the words “any Director “; and
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(c) by the addition, immediately after the renumbered subsection (1) of that section, of the following subsections :-
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” (2) Any expenses incurred by the Ports Authority in any suit or prosecution brought by or against the Ports Authority before any Court shall be paid out of the funds of the Ports Authority and any cost paid to or recovered by the Ports Authority in any such suit or prosecution shall be credited to the funds of the Ports Authority.
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(3) Any expenses incurred by any such person as is referred to in paragraph (b) of subsection (1) in any suit or prosecution brought against him before any Court in respect of any act which is done or purported to be done by him under this Act or on the direction of the Authority shall, if the Court holds that such act was done in good faith, be paid out of the funds of the Ports Authority, unless such expense is recovered by him in such suit or prosecution.”.
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Amendment of section 70 of the principal enactment.
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26. Section 70 of the principal enactment is hereby amended as follows :-
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(a) by the substitution, for the words ” a member”, of the words “a Director “; and
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(b) in the marginal note to that section, by the substitution, for the words “a member”, of the words “a Director “.
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Insertion of new sections 71 A, 71B, 71C and 71D, in the principal enactment.
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27. The following new sections are hereby inserted immediately after section 71 of the principal enactment, and shall and have effect as sections 71 A, 71B, 71C and 71D, of that enactment:
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Powers of the ports security service.
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71A.
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(1) It shall be lawful for any member of the ports security service to detain within the area of the Ports Authority
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(a) any person who commits an offence under this Act or any regulation or rule made thereunder;
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(b) any person against whom reasonable suspicion exists that he is about to commit or is guilty of an offence;
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(c) any person against whom reasonable suspicion exists that he has aided or abetted the commission of any offence under this Act or any regulation or rule made thereunder;
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(d) any person having in his custody or possession without lawful excuse any instrument for housebreaking or being armed with any dangerous or offensive weapon or any document that could be used for the unauthorized removal of any cargo which is in the custody or possession of the Ports Authority ;
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(e) any person in possession of goods reasonably suspected to be the property stolen or fraudulently obtained and who may reasonably be suspected to have committed an offence under this Act or any regulation or rule made thereunder:
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Provided, however, where there is reason to believe that such person has acted or is acting in contravention of any of the provisions of the Customs Ordinance, such person shall be handed over to a customs officer to be dealt with in accordance with the provisions of that Ordinance;
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(f) any person who is committing an offence within the premises or area of the Ports Authority or being an offence in respect of which a person may be arrested without a warrant, within the meaning of section 32 of the Code of Criminal Procedure Act;
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(g) any person who is committing theft of, or damage to, any property belonging to or in the possession of the Ports Authority;
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(h) any person who is found within the premises or area of the Ports Authority in circumstances which provide reason to believe that such person has committed or is about to commit theft of, or damage to. any property belonging to or in the possession of the Ports Authority; or
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(i) any person found taking precaution to conceal his presence.
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(2) Any person detained under subsection (1) shall, unless released, be forthwith handed over to the nearest police station to be dealt with according to law.
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(3) It shall be lawful for any officer of the ports security service to search any person or his belongings or any conveyance within the premises of the Ports Authority whom he has reason to believe to be the person who has committed an offence or is about to commit an offence:
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Provided however that where it is necessary to cause a woman to be searched such search shall be made by another woman with strict regard to decency.
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Duties of members of the ports security service.
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71B. It shall be the duty of every member of the ports security service –
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(a) to protect and safeguard the property of the Ports Authority and ensure the safety of navigation in any specified port;
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(b) to use his best endeavours and ability to prevent all crime, offences, breaches of law and nuisance affecting the property of the Ports Authority;
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(c) to apprehend disorderly and suspicious persons within the premises or area of the Ports Authority;
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(d) to do any other thing which is necessary or which is required or ordered to protect and safeguard the property of the Ports Authority.
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Duties of the members of the ports security service in case of fire.
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71C. In all cases of fire or any other calamity occurring within the Ports Authority, every member of the ports security service on duty within such premises, shall take steps to protect the persons and property endangered thereby.
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Resorting to strike action.
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71D. It shall not be lawful for any member of the ports security service to resort to strike action.
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For the purposes of this section ” strike ” shall have the same meaning as in the Trade Unions Ordinance.’.
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Amendment of section 80 of the principal enactment.
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28. Section 80 of the principal enactment is hereby amended in subsection (1) of that section, by the substitution, for the words ” within fourteen days, next after the final discharge of all goods imported in 1 such vessel, “, of the words ” within twenty four hours after the arrival of such vessel in the Port with imported goods, “.
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Insertion of new sections 84A, 84B, 84C, 84D, 84E, 84F, and 84G in the principal enactment.
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29. The following new sections are hereby inserted immediately after section 84 in the principal enactment, and shall have effect as sections 84A, 84B, 84c, 84D, 84E, 84F and 84G, of that enactment:
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” Powers of the Harbour Master in relation to vessel.
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84A. The Harbour Master may
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(a) direct where any vessel shall be berthed or anchored and the method of anchoring within any specified port and the approaches to such port;
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(b) direct the removal of any vessel from any berth, station or anchorage to another berth, station or anchorage and the time within which such removal is to be effected within any specified port and the approaches to such port; and
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(c) regulate the movement of vessels within any specified port and the approaches to such port.
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Fire on board vessel.
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84B.
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(1) In the event of fire breaking out on board any vessel in any specified port, the Harbour Master may proceed on board the vessel with such assistance and persons as to him seem fit, and may give such orders as seem to him necessary for scuttling the vessel or for removing the vessel or any other vessel to such place as to him seems proper to prevent in either case danger to other vessels and for the taking of any other measures that appear to him expedient for the protection of life or property.
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(2) If such orders are not forthwith carried out by the master of such vessel, the Harbour Master may himself proceed to carry them into effect.
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(3) Any expenses incurred in the exercise of the powers conferred by subsections (1) and (2) of this section shall be recoverable from the master or owner of the vessel as a debt due from him.
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Power to board vessels.
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84C.
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(1) The Harbour Master or any officer duly authorized by the Ports Authority or any police officer may go on board any vessel within any specified port whenever he suspects that any offence under this Act has been or is about to be committed in any vessel, or where he considers it necessary to do so in the discharge of any duty under this Act.
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(2) The master of the vessel referred to in subsection (1) who without lawful excuse, refuses to allow the Harbour Master or any officer duly authorized by this Ports Authority or a police officer to enter such vessel, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one thousand rupees.
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Indemnity to Ports Authority.
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84D. The Ports Authority shall not be liable for any act or omission or default of the Harbour Master.
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Liability of the master or owner when vessel is under pilotage.
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84E. The master or owner of a vessel navigating in circumstances in which pilotage is compulsory, shall be answerable for any loss or damage caused by the vessel in the same way as if pilotage was not compulsory.
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Limitation of pilot’s liability when bond is given.
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84F.
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(1) A Ports Authority pilot who has given a bond in accordance with subsection (2) of this section shall not be liable for neglect, want of skill, or incapacity in office beyond the penalty of such bond and the amount payable to the Ports Authority on account of pilotage in respect of the voyage in which he was engaged when he became so liable.
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(2) Every Ports Authority pilot shall give a bond in the sum of ten thousand rupees in favour of the Ports Authority for the proper performance of his duties under this Act or of any regulation or rule made thereunder.
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(3) The bond referred to in subsection (2) shall not be liable to stamp duty.
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(4) Where any proceedings are taken against a Ports Authority pilot for any neglect, want of skill or incapacity in office in respect of which his liability is limited as provided by this section, and other claims are made in respect of the same neglect, want of skill or incapacity in office, the Court in which the proceedings are taken may –
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(a) determine the amount of the pilot’s liability and, upon payment by him of that amount into Court, distribute the amount ratably among the several claimants ; and
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(b) proceed in such manner and subject to such directions as to making persons interested parties to the proceedings and as to the exclusion of any claimants who have not submitted their claim within thirty days, and as to requiring security from the pilot and as to payment of any costs as the Court thinks fit.
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Ports Authority not liable for loss or damage occasioned by pilots.
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84G. Any Ports Authority pilot while engaged in any pilotage act, shall, notwithstanding that he may be employed by the Ports Authority, be deemed to be the servant only of the master or owner of the vessel under pilotage and the Ports Authority shall not be liable for any loss or damage occasioned by an act, omission or default of such pilot. “.
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Amendment of section 86 of the principal enactment.
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30. Section 86 of the principal enactment is hereby amended in paragraph (a) of subsection (2) of that section, by the substitution for the words and figures “section 15”, of the words and figures “sections 15, 109 and 110”
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Amendment of section 89 of the principal enactment.
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31. Section 89 of the principal enactment is hereby amended as follows;
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(a) by the insertion immediately after the definition of ” goods”, of the following definition:
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” Harbour Master” means the Harbour Master appointed under section 14A and includes any Deputy Harbour Master;’;
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(b) by the substitution for the definition of ” land”, of the following definition; ‘
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” land” includes land covered by water and any interest in land and things attached or permanently fastened to the earth;’.
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Amendment of Schedule I to the principal enactment.
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32. Schedule I to the principal enactment is hereby amended as follows :-
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(a) by the substitution for the words ” member ” or ” members ” wherever those words occur in that Schedule, of the words ” director ” or ” directors ” respectively;
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(b) in subsection (1) of section 4 of that Schedule, by the substitution, for the words ” other than the Principal Collector of Customs”, of the words ” other than the Managing Director, the Principal Collector of Customs “.
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Retrospective effect of certain amendments.
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33. The amendments made to the principal enactment by sections 9, 10, 11,12, 13, 14, 15 and 16 of this Act shall be deemed to have come into force on the date on which that enactment came into operation.
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