Penang Port Commission Act 1955 · Updated to 1 Jan 2006 · Part IV · Financial Provisions
54. Power to distrain for non-payment of rates, etc.
Feedback & supportIf the master of any vessel in respect of which any rates or penalties are payable under this Act, refuses or neglects to pay the same or any part thereof on demand, the Commission may distrain or arrest of its own authority the vessel and the tackle, apparel or furniture belonging thereto or any part thereof, and detain the same until the amount so due is paid.
master
“master” includes every person, except a pilot, having for the time being the command or charge of any vessel;
In case any part of the said rates or penalties, or of the costs of the distress or arrest, or of the keeping of the said vessel, tackle, apparel or furniture remains unpaid for the space of fourteen days next after any such distress or arrest has been so made, the
rates
“rates” includes any toll, due, rent, rate or charge leviable under this Act;
Commission may cause the vessel or other thing so distrained or arrested to be sold, and with the proceeds of the sale may satisfy the rates or penalties and costs, including costs of sale remaining unpaid, rendering the surplus, if any, to the master of the vessel on demand.
Commission
“Commission” means the Penang Port Commission established and incorporated under this Act;
If the Commission gives to the officer of the Government whose duty it is to grant the port clearance of any vessel a notice stating that an amount, therein specified, is due in respect of rates or penalties chargeable under this Act against the vessel, or the owner or master of the vessel, the officer shall not grant the port clearance until the amount so chargeable has been paid.
port
“port” means the Port of Penang within the limits declared under section 6 of the Merchant Shipping Ordinance 1952 [Ord. 70 of 1952];