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Section 38

Power to distrain for non-payment of dues and rates

of Port Authority Ordinance, 1961 ( Ord. No. 1/61 )

State OrdinanceIn forceProvision 46 of 82
Section 38

⎯(1) Where the master of a vessel, in respect of which dues or rates are payable to a Port Authority, refuses or neglects to pay, on demand, any dues or rates, the Port Authority may arrest or distrain the vessel and the tackle, apparel or furniture thereof, and may detain it until the amount so payable is paid.

(2)

If, for a period of fourteen days following the arrest or distraint, any of⎯

(a)

those dues or rates; or

(b)

the expenses of arrest or distraint or of the detention of the vessel, tackle, apparel or furniture, remain unpaid, the Port Authority may cause the vessel or other things distrained or arrested to be sold.

(3)

The Port Authority may retain the amount of the dues, rates and expenses (including expenses of sale) which is owing, and shall deliver, on demand, the balance to the master of the vessel.

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