29. The following new sections are hereby inserted immediately after section 84 in the principal enactment, and shall have effect as sections 84A, 84B, 84c, 84D, 84E, 84F and 84G, of that enactment:
| 84A. The Harbour Master may
| | (a) direct where any vessel shall be berthed or anchored and the method of anchoring within any specified port and the approaches to such port; | | |
| | (b) direct the removal of any vessel from any berth, station or anchorage to another berth, station or anchorage and the time within which such removal is to be effected within any specified port and the approaches to such port; and | | |
| | (c) regulate the movement of vessels within any specified port and the approaches to such port. | | |
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| 84B.
| | (1) In the event of fire breaking out on board any vessel in any specified port, the Harbour Master may proceed on board the vessel with such assistance and persons as to him seem fit, and may give such orders as seem to him necessary for scuttling the vessel or for removing the vessel or any other vessel to such place as to him seems proper to prevent in either case danger to other vessels and for the taking of any other measures that appear to him expedient for the protection of life or property. | | |
| | (2) If such orders are not forthwith carried out by the master of such vessel, the Harbour Master may himself proceed to carry them into effect. | | |
| | (3) Any expenses incurred in the exercise of the powers conferred by subsections (1) and (2) of this section shall be recoverable from the master or owner of the vessel as a debt due from him. | | |
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| 84C.
| | (1) The Harbour Master or any officer duly authorized by the Ports Authority or any police officer may go on board any vessel within any specified port whenever he suspects that any offence under this Act has been or is about to be committed in any vessel, or where he considers it necessary to do so in the discharge of any duty under this Act. | | |
| | (2) The master of the vessel referred to in subsection (1) who without lawful excuse, refuses to allow the Harbour Master or any officer duly authorized by this Ports Authority or a police officer to enter such vessel, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one thousand rupees. | | |
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| 84D. The Ports Authority shall not be liable for any act or omission or default of the Harbour Master. |
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| 84E. The master or owner of a vessel navigating in circumstances in which pilotage is compulsory, shall be answerable for any loss or damage caused by the vessel in the same way as if pilotage was not compulsory. |
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| 84F.
| | (1) A Ports Authority pilot who has given a bond in accordance with subsection (2) of this section shall not be liable for neglect, want of skill, or incapacity in office beyond the penalty of such bond and the amount payable to the Ports Authority on account of pilotage in respect of the voyage in which he was engaged when he became so liable. | | |
| | (2) Every Ports Authority pilot shall give a bond in the sum of ten thousand rupees in favour of the Ports Authority for the proper performance of his duties under this Act or of any regulation or rule made thereunder. | | |
| | (3) The bond referred to in subsection (2) shall not be liable to stamp duty. | | |
| | (4) Where any proceedings are taken against a Ports Authority pilot for any neglect, want of skill or incapacity in office in respect of which his liability is limited as provided by this section, and other claims are made in respect of the same neglect, want of skill or incapacity in office, the Court in which the proceedings are taken may -
| | | (a) determine the amount of the pilot's liability and, upon payment by him of that amount into Court, distribute the amount ratably among the several claimants ; and |
| (b) proceed in such manner and subject to such directions as to making persons interested parties to the proceedings and as to the exclusion of any claimants who have not submitted their claim within thirty days, and as to requiring security from the pilot and as to payment of any costs as the Court thinks fit. |
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| 84G. Any Ports Authority pilot while engaged in any pilotage act, shall, notwithstanding that he may be employed by the Ports Authority, be deemed to be the servant only of the master or owner of the vessel under pilotage and the Ports Authority shall not be liable for any loss or damage occasioned by an act, omission or default of such pilot. ". |
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Sri Lanka Consolidated Acts