Section 3. See now the Merchant Shipping Act, 1958 (44 of 1958)

3. See now the Merchant Shipping Act, 1958 (44 of 1958). port subject to this Act, or of any deputy or assistant of any of the authorities aforesaid, or of any person acting under the control or direction of any such authority, deputy or assistant, or for any act or default of any pilot, or for any damage sustained by any vessel in consequence of any defect in any of the moorings, hawsers or other things belonging to the Government which may be used by the vessel: Provided that nothing in this section shall protect[1] [the Government] from a suit in respect of any act done by or under the express order or sanction of the Government. 3. The original proviso was omitted by Act 6 of 1916, s. 8, and the proviso ins. by Act 11 of 1929, s. 3, omitted by the A.O. 1937. 4. Ins. by Act 35 of 1951, s. 190. 5. Subs. by the A.O. 1937, for "that Government." 6. Ins. by Act 35 of 1951, s. 191. 7 Sub-section (3) omitted by Act 6 of 1916, s. 9. 8. Subs. by Act 35 of 1951, s. 191, for cl. (a). (c) pensions, allowances and gratuities of persons who have been employed in the port under this or any other enactment relating to ports and port dues, or such portion of those pensions, allowances and gratuities as the[1] [Government] may by rule determine. (d) with the previous sanction of the[1] [Government], contributions towards the support of public hospitals or dispensaries suitable for the receiption or relief of seamen or otherwise towards the provision of sanitary superinendence and medical aid for the shipping in the port and for seamen whether ashore or afloat, belonging to vessels in the port, and (e) with the like sanction, contributions towards sailors' homes, institutes, rest-houses and coffeehouses and for other purposes connected with the health, recreation and temporal well-being of sailors, shall be charged to the port fund account of the port. 2[(5a) All fees charged for pilotage at any port subject to this Act 3[other than a major port] and all fines and penalties levied under the Act or under any other Act relating to the port from pilots or other persons employed in the pilot service other than fines and penalties imposed by a court, shall be credited to a distinct account to be called the pilotage account of the port. (5b) All sums so credited to the pilotage account may be applied, in such proportions as the Government may from time to time direct, to the following purposes, namely:— (a) the purchase and maintenance in repair of such vessels, and the supply of such materials, stores or other things as the officer or body appointed under sub-section (1) may deem it necessary to purchase, maintain or supply for the efficiency of the pilot service; (b) the payment of the salaries, wages and allowances of pilots and other persons employed in the pilot service or in the supervision thereof: (c) the payment of pensions, retiring gratuities, compassionate allowances or bonuses to pilots and other persons engaged in the pilot service, and of the contributions, if any, duly authorised to be made in their behalf to any provident fund or welfare fund; (d) the payment of pensions, gratuities and compassionate allowances granted by the officer or body appointed under sub-section (1) to pilots and other persons engaged in the pilot service who have been injured in the execution of their duty and to the surviving relatives of pilots and other persons so engaged who have been killed in the execution of their duty or who may die while still in the service of such officer or body; (e) the provision of educational, recreational and other amenities for pilots and other persons employed in the pilot service; (f) the payment of contributions or appropriations to any special fund or funds established under the provisions of any other Act relating to the port to which the officer or body appointed under sub-section (1) considers contributions or appropriations should be made from the pilotage account; (g) any other expenditure which may, with the previous sanction of the Government, be incurred in respect of the pilot service. 3. Certain words omitted by the A.O. 1937. 4. Subs., ibid., for "Local Government". 5. Ins. by Act 15 of 1997, s. 8 (w.e.f. 9-1-1997). 6. Subs. by Act 35 of 1950, s. 3 and Second Schedule, for certain words. 7. Subs. by the A.O. (No. 2), 1956, for "in the State of Madras or in the State of Andhra". The words in italics were ins. by the Andhra (Adaptation of Laws on Union Subjects) Order, 1954 (w.e.f. 1-10-1953). reception or relief of seamen requiring medical aid, such further port-dues not exceeding one anna per ton as the[1] [Central Government] thinks fit. (2) Such port-dues shall be called hospital port-dues, and the[1] [Central Government] shall, in making any order under sub-section (1), have regard to any contributions made under section 36, sub-section (5), clause (d). (3) An order imposing or increasing hospital port-dues shall not take effect till the expiration of sixty days from the day on which the order was published in the Official Gazette. (4) Whenever the[1] [Central Government] is satisfied that proper provision has been made by the owners or agents of any class of vessels for giving medical aid to the seamen employed on board such class of vessels, or that such provision is unnecessary in the case of any class of vessels, it may, by notification in the Official Gazette, exempt such class of vessels from any payment under this section. (5c) If the officer or body appointed under sub-section (1) at any port is also the authority responsible for maintaining the general account of the port, then notwithstanding the absence of any provision in that behalf in the Act under which such general account is maintained, such officer or body may, with the previous sanction of the Government, apply any sum out of the moneys credited to such general account towards meeting deficits, if any, in the pilotage account of the port, or transfer the whole or any part of any surplus funds, in the pilotage account to the general account of the port.] 1. Subs. by the A.O. 1937, for "Local Government". 2. Ins. by Act 35 of 1951, 8. 191. 3. Ins. by Act 23 of 1992, s. 6 (6) Subject to the provisions of any local law as to the disposal of any balance from time to time standing to the credit of a port fund account[1] [or of a pilotage account], any such balance may be temporarily invested in such manner as the[2] [Government], may direct.