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Section 66: Damage to Authority’s property

Ports Act · PART IX: MISCELLANEOUS

consolidated text (as at 2014, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

66. Damage to Authority’s property (1) Any person who wilfully removes, destroys or damages any property belonging to the Authority or hinders or prevents such property from being used or operated in the manner in which it is intended to be used or operated shall commit an offence and shall, on conviction, be liable to a fine not exceeding 150,000 rupees or to imprisonment for a term not exceeding 4 years and, on an application by the Authority, a Court may order the offender to pay compensation to the Authority for any damage done by him. (2) An officer duly authorised by the Authority may apprehend any person who, within his view, commits an offence under this section and shall, on such apprehension, without unreasonable delay, hand over the person so apprehended to a police officer. (3) Nothing in this section shall prevent the Authority from taking any legal proceedings open to it at law before any Court having jurisdiction for the recovery of the full amount of the damage caused. (4) Where any damage is done to any property of the Authority by any vessel or by any person employed in or about the vessel, the cost of making good the damage may be recovered by the Authority from the owner or master of the vessel. (5) The Authority may detain the vessel until the cost of making good the damage is paid to the Authority or adequate security is given to the Authority. (6) Where by reason of any act, neglect or default by a person— (a) that person incurs any penalty under this Act; or (b) damage is caused to the property of the Authority, that person shall be liable to make good the damage as well as pay the penalty. (7) The amount of the damage shall, in case of dispute, be determined by the Court in which the party incurring the penalty is convicted, and may be recovered as if it were a fine imposed by the Court.

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