Section 4 in The Paradip Port Trust (Distraint or Arrest and Sale of Vessels) Regulations, 1988
4. Distraint or Arrest of Vessels.
(1)Where any vessel in respect of which rates/penalties have not been paid is lying at the Port, a demand in Form I shall be made by the Deputy Conservator upon the Master of the defaulting vessel requiring the said Master to pay all the gates or penalties within a period of seven days from the date of issue of the said demand.(2)The said demand shall accompany the copy of the bills containing the full particulars of rates or penalties which were raised against the owner or agent of the concerned vessel and payment of which still remains due to the Board.(3)The said demand shall be served upon the Master and in the event of non-availability of Master, the affixing of the demand notice on the mast of the vessel shall be deemed as service of the demand upon the Master.(4)If the Master of the defaulting vessel refuses or neglects to pay the rates/penalties or any part thereof within the time limit specified in the demand made upon the Master, the Board may proceed to distraint or arrest such vessel and the tackle, apparel and furniture belonging thereto, or any part thereof, and detain the same until the amount so due to the Board, together with such further amount as may, accrue for any period during which the vessel is under distraint or arrest, is paid.(5)In order to distraint or arrest the defaulting vessel, the Deputy Conservator shall issue a warrant of arrest in Form II clearly specifying the amount due and indicating that the distraint or arrest shall continue until the amount so due to the Board together with further accrual of rates or penalties and costs are paid towards full satisfaction of the Board.(6)(a)The warrant of arrest shall be served upon the Master of the vessel and a copy thereof shall also be affixed on the most of the vessel.(b)In cases where the Master is not available or avoids service of the warrant, the fixing of the copy of the warrant an the mast of the vessel shall be deemed as service of the warrant upon the Master.(7)If the said rates/penalties or cost of the distraint or arrest of the vessel or of the keeping of the same are not paid by the owner or Master or agent of the vessel towards full satisfaction of the Board within a period of five days next after the distress or arrest has been made, the Board shall acute the vessel or other things so distrained or arrested to be sold.(8)In the case of a foreign vessel placed under distraint or arrest by an order, the Embassy of the Flag Country and the Government of India in the Ministry of Surface Transport shall also be informed.
