The Indian Ports Act 1875, 12 of 1875, (Rep., Act 10 of 1889) · V — .

Section 53. The oBcer of Government, wllose duty it is NO portto grant a port-clearance for any vessel, shall not t

Repealed or not in force · As amended up to 2026-08

53. The oBcer of Government, wllose duty it is NO portto grant a port-clearance for any vessel, shall not t ; eF grant such clearancemltil does, mltil does, kcel "' paid- (a) until hep owner or Master, or some other kcel person, has paid or secured to the satisfaction of such officer the amount of all port-dues, fees and charges, and of all fi~es, penalties and expenses to which such vessel or her owner or Master is liable under this Act ; (b) until all expenses, which by the Merchant Shipplng Act, 1854, section 228, are to be borne by her onlner, incurred since her arrival in the port from which she seeks clearance, have been duly paid, `54.`[If ][the Master of any vessel in respect of ][Port-dnen, ] kc., pay'dble which any port-dues or charges are payallsle causes ill her to leave any port without having discharged such letoverable dues, fees, or charges, the Collector of Customs or other oiEcer authorized to collect the same may re- port. quire in writing the Collector of C~ustoms or other officer as aforesaid, in a'ny oiher porb in British India kc., pay'dble Peualty for evading yaynlent of port-dues, Sic. - I - I I Port-due vessels in on I ballast. I Port-due on vessels ilot - I discharging Port-due on vessels ilot I discharging i cargo. or talciug i n to which she may proceed or in which she may be, to levy such dues or charges. Every Collector or other officer to whom such requisition shall be directed shall proceed to levy such dues or charges in the manner prescribed in section fifty-two; and a certificate purporting to be made and signed by the Collector of Customs or other officer as aforesaid of the port where the port-dues or cllarges became payable, stating the amount so payable, shall be suEcient prhzd `facie` pyoof of such amount in any proceeding under the said section, and also (in case the amount payable is disputed) in any subsequent proceeding under section seventy. 65. If the Master of any such vessel evades the payment of any port-dues or charges payable under this Act, he shall be liable on conviction to a penalty not exceeding five times the amount so payable. I n any proceeding before a Magistrate for the adjudication of such penalty, any such certificate as is mentioned in section fifty-four stating that the Master has evaded such payment, shall be suEcient prima" `facie` proof of the evasion, unless the Master shows to the satisfaction of the Magistrate that the departure of the vessel without having discharged the dues or charges payable was caused by stress of weather or that there was lawful or reasonable ground for such departure. Any Magistrate having jui<sdiction under this Act in any port to which the vessel may proceed or `in` ~vl~ich she niay be found, shall be deemed to have j~zisdiction in any proceeding under this section.

Source: India Code