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INDIAN PORTS (MAHARASHTRA AMENDMENT) ACT, 1962
MAHARASHTRA ACT No. IV OF 1963
[16th January, 1963]
An Act to amend the Indian Ports Act, 1908 in its application to the State of Maharashtra
WHEREAS it is expedient to amend the Indian Ports Act, 1908, in its application to the State of Maharashtra, for the purposes hereinafter appearing; It is hereby enacted in the Thirteenth Year of the Republic of India as follows:
The Indian Ports Act, 1889, has been amended by no less than five other Acts. The object of the present Bill is to collect the provisions of these six Acts and to incorporate them into one Act,
The fact that the General Clauses Act, 1897, will apply to Bill when passed has tendered it unnecessary to retain some provisions of the existing Act. The timbering of the Sections of the Act of 1889 has been preserved.
The only clause which in any way alters the law as at present in force in clause 43(b). That clause corresponds to S. 43(b) of the Act, which enacts that the owner or master of a vessel must pay all expenses, required by Section 228 of the Merchant Shipping Act, 1854 (17 and 18 Viet. C. 104), to be borne by him, before the grant of a port-clearance. The Statute of 1854 has been repealed by the present Merchant Shipping Act, 1894 (57 and 58 Viet. Cap. 60). Section 207 of which makes the owner or master liable to pay a further item of expense in addition to the items mentioned in the corresponding Section (228) of the repealed Statute. The substitution of Section 207 of the existing Statute for the reference to the repealed Statute makes the scope of clause 43(b) of the Bill slightly wider than that of the corresponding provision of the existing Act. This is, however, in accordance with the spirit of the existing enactment.
The Act has been withdrawn from certain period mentioned in the first schedule, while certain new ports have been brought under its operation, The schedule has been amended accordingly see-Gaz of India,1908, Part V, Page 309.
Statement of Objects and Reasons -Indian Ports Act, 1908 Central Act)
SECTION 01: SHORT TITLE AND COMMENCMENT
(l) This Act maybe called the Indian Ports (Maharashtra Amendment) Act, 1962.
(2) It shall come into force on such ]date as the State Government may, by notification in the Official Gazette, appoint.
SECTION 02: INSERTION OF NEW SECTION 50A
In the Indian Ports Act, 1908, in its application to the State of Maharashtra, after section SO, the following new section shall be inserted, namely:
"50A. Abolition of port fund account and pilotage account, application of See. 36, 37, 49 and 50 relating to minor ports in State of Maharashtra with modification :-The port fund account and the pilotage account kept or maintained tinder this Act for each minor port in the State of Maharashtra shall, on the commencement of the Indian Ports (Maharashtra Amendment) Act, 1962, stand abolished; and the balances to the credit of those accounts at such commencement shall, subject to the provisions of the States Reorganisation Act, 1956 and the Botrbay Reorganisation Act, 1960, be credited to the Consolidated Fund of the State ; and accordingly, the provisions of sections 36, 37, 49 and 50 shall apply in relation to such minor ports with the following modifications, that is to say
(1) in section 36- 1
(a) in sub-section (1), the words 'and, subject to the control of the Government, to expend the receipts on any of the objects authorized by this Act' shall be deleted ;
(b) sub-sections (2), (4), (5), (5a), (5b), (5c) and (6) shall be deleted ;
(c) for the marginal note, the marginal note 'Power of State Government to appoint officer or body to receive port dues' shall be substituted;
(2) section 37 shall be deleted
(3) in section 49, in sub-section (2), for the words, brackets, figures and letter 'contributions made under section 36, sub-section (5), clause (d)' the words 'contributions made by the State Government in that behalf' shall be substituted
(4) in section 50, sub-section (3) shall be deleted."
1. Ist day of April. 1963, side G,N,, B. & CD. No. [PA. 1063-N, Dr. 29th March, 1963.
SECTION 03: DEFINITIONS
In this Act, unless there is anything repugnant in the subject or context
(1) "Magistrate" means a person exercising powers under the Code of Criminal Procedure, 1898, not less than those of a Magistrate of the second class, and includes, in the towns of Calcutta, Madras and Bombay a Presidency Magistrate;
(2) "master", when used in relation to any vessel for any aircraft making use of any port), means, subject to the provisions of any other enactment for the time being in force, any person (except a pilot or harbour-master for the port) having for the time being the charge or control of the vessel for the aircraft, as the case may be) ;
(3) "pilot" means a person for the time being authorized by the 1(Government) to pilot vessels ;
(4) "port" includes also any part of a river or channel in which this Act is for the time being in force ;
(5) "port officer" is synonymous with master attendant;
(6) "vessel" includes anything made for the conveyance mainly by water of human beings or of property;
(7) "major port" means any port which the Central Government may by notification in the Official Gazette declare, or may under any law for the time being in force have declared, to be a major port;
(1) Limits defined under sub-section (2) may include any piers, jetties, landing-places, wharves, quays, docks and other works made on behalf of the public for convenience of traffic, for safety of vessels, or for the improvement, maintenance or good government of the port and its approaches, whether within or without high-water mark, and, subject to any rights of private property therein, any portion of the shore or bank within fifty yards of high-water mark.
Explanations to Part 11 of the First Schedule
(a) "ship" means a vessel propelled solely by wind power and "steamer" any vessel other than a ship ;
(b) "coasting ship" or "coasting steamer" means respectively a ship or steamer which at any port discharges cargo exclusively from, or takes in cargo exclusively for, any port in the island of Ceylon or any part of India, between the westernmost part of Sind and the South caster most part of Burma; and "coasting steamer" includes a coasting steam-vessel having a genera) pass under section 164 of the Sea Customs Act, 1878.
(c) "foreign ship" or "foreign steamer" means respectively a ship or steamer not being a coasting or coasting steamer :
Provided that, for the purpose of the levy of port-dues, a vessel shall not be deemed, during one and the same voyage, to be both a coasting ship or steamer, and a foreign ship or steamer, but port dues shall, in respect of such voyage, be leviable on such vessel either as a coasting or as a foreign ship or steamer, whichever rate is higher.
1. substituted to, the words Government by An, 1937 (I-4-1937).
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