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

Section 75. The provisions contained in sections eleven and twenty-two shall be applicable to all ports heretofo

Repealed or not in force · As amended up to 2026-08

CHAPTER IX. `'73.` I f any vessel belonging to any of Her Ma- Hoisting jesty's subjects, or sailing under British colours, hoist, `::z:!,` carry, or wear, within the limits of any port subject port,. to this Act, any flag, jack, pendant or colours, the use whereof 'on board such vessel has been prohibited by the Statute 17th & 18th of Victoria, chapter 104, or any other Statute now or hereafter to be in force, or by any proclamation made or to be made in pursuance of any such Statute, or by any of Her Majesty's Regulations in force for the time being, the Master of such vessel shall, for every such offence, be punished with fine which may extend to fifty rupees. Such h e shall be in addition to any other penalty recoverable under the said Statute or any future Statute to be made in that behalf. Any officer of Her Majesty's Navy within the limits of such port, or the Conservator of such poi%, may enter on board any such vessel, and seize and take away any flag, j.ack, pendant or colour so unlawfully hoisted, carried or worn on board the same. '74. Any Magistrate, upon an application being Foreign made to him by the Consul of any Foreign Power to serters. whkh the Foreign Deserters' Act, 1852, has by ail order of Her Majesty in Council been, or shall hereafter be, declared to be applicable, or by the representative of such Consul, and upon con~plaint on 'oath of the desertion of m y seaman, not being a slave, from any ship of such Foreign Power, may, until a revocation of such Order in Council has been publicly notified, issue his warrant for the appre1ie11sion of any such deserter ; de- [ ACT XI1 Imdi~l% POP~S. i I and, upon due proof of the dcscrtion, may order him to be conveyed on board the vessel to which he belongs, or, at the instance of the Consul, to be detained in custody till the vessel is ready to sail, or, if the vessel has sailed, for a reasonable lime not exceeding one month : Provided that a deposit be first made of such sum as the Magistrate deems necessary for the subsistence of the deserter during such detention ; Provided also that the detention of such deserter shall not be continued beyond twelve weeks. 75. The provisions contained in sections eleven and twenty-two shall be applicable to all ports heretofore or hereafter declared by the Local Government to be ports for the shipment and landing of goods, but not otherwise subject to this Act, and may be enforced by any Magistrate to whose ordinary j u d . diction any such pol% is subject. Application of sections 11 and 22. Any penalties imposed by him, and any ex,penses incurred by his order under the said provisions, shall be recoverable respectively in the manner provided in sections sixty-six and sixty-eight. I n any of the said ports for the shipment and landing of goods the consent referred to in section twenty-two may be given by the principal officer of customs at such port or by any other officer appointed in that behalf by the Local Government. Disputes con. 76. Any dispute arising concerning the cerning arttount clue u n d e ~ section fifteen or section fortyamount due three shaH be determined by a nzagistrate upon ap15 or section plication made to him for that purpose by either of 43. the disputing parties, Amendment 77. Act No. XI11 of 1867, section one, shall be of Act XIXI read as if, for the words " and such port-due", the following words were substit~~ted, namely,-"The port-due leviable under the Indian Ports Act, 1875, In either of the ports of M.aulmain and Bassein." Disputes con. cerning amount due 15 or section 43.

Source: India Code