Section 37:
Power of Board to order sea-going vessels to use docks, wharves, etc.
(1) When any dock,
berth, wharf, quay, stage, jetty or pier erected at any port or port approaches under the provisions of this
Act has been completed with sufficient warehouses, sheds and appliances for receiving, landing or
shipping goods or passengers from and upon sea-going vessels, the Board may, after obtaining the
approval of the Collector of Customs and by notification published in three consecutive issues of the
Official Gazette, declare that such dock, wharf, quay, stage, jetty or pier is ready for receiving, landing
and shipping or for landing or for shipping goods or passengers from and upon sea-going vessels.
(2) As from the date of the publication of such notification for the third time, it shall be lawful for the
Board, from time to time, when there is room at such dock berth, wharf, quay, stage, jetty or pier, to order
to come alongside of such dock, berth, wharf, quay, stage, jetty or pier for the purpose of landing and
shipping goods or passengers or for landing or for shipping the same, any sea-going vessel within the port
or port approaches which has not commenced to discharge goods or passengers, or which being about to
take in goods or passengers, has not commenced to do so:
Provided that before making such order, the Board shall have regard, as far as possible, to the
convenience of such vessel and of the shippers, in respect of the use of any particular dock, berth, wharf,
quay, stage, jetty or pier:
Provided further that if the Board is not the conservator of the port, the Board shall not itself make the
order as aforesaid but shall require the conservator of the port, or other person exercising the rights,
powers, and authorities of the conservator of the port, to make such order.