Ports Act, 1908
Summary
The Ports Act, 1908 consolidates the law relating to the administration of ports in Pakistan and the charges (port-dues) that can be levied on vessels using them. It applies to ports listed in its First Schedule and to any other port the government extends it to (Sections 1 and 4).
Section 7 provides for appointment of a Conservator to oversee each port, and Section 8 gives the Conservator power to give and enforce directions for specified purposes, such as vessel movement and safety. Sections 9-16 give port authorities powers to cut mooring warps and ropes obstructing navigation, remove obstructions within port limits (with the cost recoverable from the responsible party, Section 11), raise or remove wrecks that impede navigation, board vessels and enter buildings, and require ships' crews to help prevent or extinguish fires. Section 17 provides for appointment of a health officer at each port.
Sections 19-32 create a range of offences aimed at keeping ports safe and orderly, including injuring buoys, beacons, or moorings; wilfully loosening a vessel from its moorings; improperly discharging ballast; graving (cleaning/repairing) vessels or boiling pitch within prohibited limits; drawing spirits by unprotected artificial light; discharging firearms in the port; and moving vessels without a pilot or the harbour master's permission where required.
Sections 33-50 deal with port-dues: Section 33 allows the levy of port-dues, and Section 34 allows government to vary them. Section 39 requires a vessel's master to report its arrival, and Sections 42-45 give the port authority power to distrain and sell property to recover unpaid port charges, withhold a port-clearance until charges are paid, and penalise evasion of payment. The First Schedule extract shows illustrative rates for one port (rates such as "not exceeding three rupees per ton" or "not exceeding eighteen rupees and fifty paisa per ton" for different vessel categories), but these figures have been revised by notification over time and vary by port, so current rates should be checked against the applicable notification rather than assumed from this extract.
Sections 54-61 set out offences and procedure, including how offences are tried, recovery of expenses and damages, and the rule that a conviction can only be quashed on its merits (Section 61). This is a long-standing 1908 law with substantial amendment history (reflected in numerous footnotes referencing Adaptation Orders from 1937 and 1949, and later amendments through 1981), so current details -- especially rates, the identity of "major ports," and which authority (Federal or Provincial Government) has jurisdiction over a given matter -- should be verified against the current text.