Section 79: Power to fix shipping rates

79. Power to fix shipping rates.—(1) The Federal Government may, by order published in the Official Gazette, fix in the prescribed manner, the rates at which any Pakistani ship may be hired and the rates which may be charged for the carriage of passengers or cargo by any ship engaged in the coasting trade of Pakistan. (2) If the Federal Government considers that with a view to enabling it to fix the rates under sub-section (1) it is necessary or expedient so to do, it may constitute a Shipping Rates Advisory Board in the prescribed manner for the purpose of advising it ; and such Board may be constituted either generally or for a particular case or route or in respect of rates for the carriage of passengers or cargo or both. (3) Where an order fixing the rates to be charged for hire or for the carriage of passengers or cargo has been published under sub-section (1) no owner, master or agent of a ship shall charge rates in excess of the rates so fixed. (4) The Federal Government may determine a period to be observed between the notification and changes which may be different for different shipping service. (5) The power to make rules conferred by sub-section (1) shall, except on the first occasion of the exercise thereof, be subject to the conditions of previous publication. 1[79A. Regulation and determination of port charges by Shipping Companies and Shipping Agents etc. (1) The Federal Government shall regulate and determine port charges and other local charges, other than the charges leviable under Ports Act, 1908 (XV of 1908), to be levied by the Shipping Companies and Shipping Agents in respect of the Cargo handled at ports. (2) Notwithstanding anything contained in any other law for the time being in force, the licenses to Shipping Companies, Shipping Agents and Non-vessels Operating Carriers and Cargo Consolidation shall only be issued after grant of NOC from the Shipping Rates Advisory Board constituted under sub-section (2) of section 79 or by any authority authorized by the Board. (3) Only those Shipping Companies and Shipping Agents, Non-vessels Operating Carriers and Cargo Consolidators who are registered with the Ports and Shipping Wing of Communications Division shall be allowed to work in the ports. Explanation. For the purpose of this section “port” means the port specified in the First Schedule to the Ports Act, 1908 (XV of 1908) or any port which may be notified by the Federal Government for the purpose of this section. (4) In the case of default under sub-section (1) or sub-section (2), by any Shipping Company, Shipping Agent, Non-vessel Operating Carrier or Cargo Consolidation, the Federal Government shall have the power to cancel the registration, forfeit the security or impose penalty or fine as may be prescribed.] 1Ins. by the Pakistan Marchant Shipping (Amdt.) Ordinance, 2002 (47 of 2002) s. 2.

Effective date: 2001-01-01

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