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Protection of Ports (Special Measures) Act, 1948

Act· 1948· 3 pages
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Summary

This 1948 Act allows the Federal Government to designate ports as "protected areas" and control who can enter or move around in them, for security reasons. Section 1 lets the government extend the Act to any port in Pakistan by official notification. Section 2 defines "port" by reference to the definition of a major port in the Indian Ports Act, 1908, and defines "protected area" as an area declared under section 3.

Section 3 is the central mechanism: if the Federal Government considers it necessary to regulate entry into a port, it can declare that port a protected area by notified order, defining its exact geographic limits -- which can include piers, jetties, wharves, docks, and adjoining shore or bank areas -- and can later alter those limits by further notification.

Section 4 empowers the government to make rules controlling admission to and conduct within a protected area, including restricting entry, removing people from the area, and dealing with persons loitering suspiciously nearby. Section 5 allows the government to delegate authority to specific officers to issue directions carrying out the Act's purposes.

Section 6 sets out the penalty for violations: anyone who contravenes a rule made under the Act, or an order issued under it, is punishable with imprisonment for a term that may extend to three years, or a fine, or both. Section 7 requires that prosecutions only be brought on a written report from an officer the Federal Government has authorized. Section 8 shields anyone acting in good faith under the Act from legal proceedings, and Section 9 clarifies the Act supplements, rather than overrides, other laws regulating conduct at ports.

This is an old law (1948) with amendment footnotes ("Subs. by" the Federal Adaptation of Laws Order, 1975), so current administrative details such as which government body issues notifications should be checked against the present official text.

Key topics

port securityprotected areasentry restrictionspenalties for trespassgovernment rule-making power

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