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BOMBAY ACT No. VII OF 1882
(For Statement of Objects and Reasons, see Bombay Government Gazette, 1881, Pt. V. p.41; and or Proceedings in Council, see ibid., p.47)
(THE BOMBAY LANDING AND WHARFAGE FEES ACT, 1882]
(This Act was extended to any ports in the rest of the State of Bombay to which Government may, from time to time, by notification in the Official Gazette, extend that Act (vide Bom.55 of 1959, s.2.)
[18th November 1582]
Repealed in part and amended by Act 16 of 1895.
Amended by Born. Acts 5 of 1916 and 2 of 1919.
Adapted and modified by the Adaptation of Indian Laws Order in Council.
Adapted and modified by the Adaptation of Laws Order, 1950.
Adapted and modified by the Bombay Adaptation of Laws (State and Concurrent subjects) Order, 1956.
Amended by Born. 55 of 1959.
Adapted and modified by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
Amended by Mah. 24 of 1963.
Amended by Mali. 9 of 1973.
Amended by Mah. 43 of 1997.
An Act to provide for the levy of fees for the use of (The word “Public” was deleted by Bom.55 of 1959, s.4(a)) landing places.
Preamble
WHEREAS it is expedient to provide for the levy of fees for the use of (The word “Public” was deleted by Bom.55 of 1959, s.4(a)) landing places in certain ports in the (These words were substituted for the words “Bombay Presidency”. Ibid., s.4(a)) [State of Bombay]; It is hereby enacted as follows—
Short title
1. This Act shall be called the Bombay Landing and Wharfage Fees Act, 1882.
Local extent
2. (Section 2 was renumbered as sub-section (1) of that section and sub-section (2) was inserted, ibid., s.4(b)) [(1)] (These words were substituted for the words “It shall extend—(a) to the Ports of Karachi and Aden; (b) to any other ports “by Schedule II of the Amending Act, 1895 (16 of 1895)) [It shall extend to any ports] in the (These words were substituted for the words “pre-Reorganisation State of Bombay excluding the transferred territories” by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960)) [Bombay area of the State of Maharashtra] to which (The word “Government” was substituted for the words “the Governor in Council” by the Adaptation of India Laws Order in Council)) [Government] may from lime to time, by notification in the (The words “Official Gazette” were substituted for the words “Bombay Government Gazette and other local Official Gazette” ibid.,) [Official Gazette], extend the Act:
(This proviso was inserted by Bom.55 of 1959, s.4(b)) (Provided that on the commencement of the Bombay Landing and Wharfage Fees. (Unification and Amendment) Act, 1959, it shall extend at once to the port in which the Okha Port Rules as continued in force by the Bombay Merged States (Laws) Act, 1950 were in force immediately before such commencement.]
(Section 2 was renumbered as sub-section (1) of that section and sub-section (2) was inserted, ibid., s.4(b)) [(2) It shall extend to any ports in the rest of the (These words were substituted for the words “State of Bombay” by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960)) [State of Maharashtra] to which Government may, from time to time by notification in the Official Gazette. extend the Act:
Provided that on the commencement of the Bombay Landing and Wharfage Fees (Unification and Amendment) Act, 1959, it shall extend at one to those ports in which the Saurashtra Ports (Administration) Ordinance, 1950 and the Bombay Landing and Wharfage Fees Act, 1882, as applied to the Kutch area were in force immediately before such commencement.]
Repeal and savings
3. (Section 3 was renumbered as sub-section (1) of that section and sub-section (2) was inserted by Bom.55 of 1959, s.4.(c)) [(1)] Bombay Act 111 of 1879 is hereby repealed, and ail fees levied and every declaration, appointment, or rule made under that Act shall be deemed to have been levied and made under this Act.
(Section 3 was renumbered as sub-section (1) of that section and sub-section (2) was inserted by Bom.55 of 1959, s.4.(c)) (2) The Saurashtra Ports (Administration) Ordinance. 1950. the Bombay Landing and Wharfage Fees Act, 1882 as applied to the Kutch area and the Okha Port Rules as continued in force by the Bombay Merged States (Laws) Act, 1950 are hereby repealed and consequentially the balance standing at the foot of the general Bain, account of the Okha Harbour Board tinder the rule 17 of the Okha Port Rules and that VII of at the foot or each landing and wharfage fees fund account under section 11 of the Bombay Landing and Wharfage Foes Act, 1882 as applied to Kutch area, immediately of before the commencement of the Bombay Landing and Wharfage Fees (Unification and Amendment) Act, 1959, shall he credited to the Consolidated Fund of the State:
Provided that such rep al shall not affect—
(a) the previous operation of the laws so repealed, or anything duly done or suffered thereunder; or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed; or
(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any law so repealed; or
(d) any investigation, legal proceeding or remedy in respect of any such right privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid: and any such investigation, legal proceedings or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if the Bombay Landing and Wharfages Foes (Unification and Amendment) Act, 1959 had not been passed;
Provided further that anything done or any action taken (including notifications issued, limits defined or fixed, remissions or exemptions granted, rules, bye-laws, regulations; delegation and appointment made, powers conferred and duties imposed, in so far as they arc not inconsistent with the provisions of this Act, and the scales of tools, dues, fess, rents, rates and charges framed) under the laws so repeated shall continue in force until altered, amended or superseded by anything done or any action taken under this Act.]
“Government”, “Landing Place” and “Passengers” defined
4. In this Act (The words “the term” Government “in relating to a major port means the Central Government, and save as aforesaid means the Provincial Government” were inserted by the Adaptation of Indian Laws Order in Council)) [the term “Government” in relation to a major port means the Central Government, and save as aforesaid means the (This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950) [State] Government;] the (The definitions of the term “landing-place” was substituted by s.2(a) of the Bombay Landing and Wharfage Fees (Amendment) Act, 1916 (Bom.5 of 1916)) term “landing-place” includes bander, wharf, pier, jetty, hard and any place used for the landing, shipping, or storage of goods, or for the embarking or disembarking of passengers:
(The definition of the term “Commissioner” was repealed, ibid., s.2(b)) * * * *
(This definition was added, ibid., s.2(c)) [and the term “passengers” means any person of throe years of age or upwards, carried in a vessel, other than the master and crew and the owner, his fatuity and servants.]
Government to fix limits of bandars, etc., and the fees to be levied
5. It shall be lawful for (The word “Government” was substituted for the word “the Governor in council” by the Adaptation of Indian Laws Order in Council)) [Government] from time to time by notification in the (The words “Official Gazette” were substituted for the word “Bombay Government Gazette and other local Official Gazette”, ibid.,) [Official Gazelle)—
(a) to define the limits of any port to which this Act is made applicable when such limits have not been defined under the (These words and figures were substituted for the words and figures “Indian Ports Act, 1875” by Bom.55 of 1959, s.4(d)) [Indian Ports Act, 1908);
(b) to determine what are (The word “Public” was deleted ibid., s.4(d)) landing-places to which the provisions of this Act shall apply;
(c) to determine the limits of any such landing-place;
(d) to withdraw this Act from any port in which it is for the time being in force;
(Clause (e) was substituted by s.3(1) of the Bombay Landing and Wharfage Fees (Amendment) Act, 1916 (Bom.5 of 1916)) [(e) to fix the fees to be levied—
(1) on goods landed, shipped or stored at, and
(2) on passengers embarking or disembarking at, and
(3) on animals or vehicles bringing or removing goods to or from, or playing for hire at, and
(4) on vessels or boats approaching or lying or lying alongside (This portion was substituted for the words “any such landing-place” by Bom.55 of 1959, s.4(d)) [and
(5) for any services (other than those chargeable under the Indian Ports Act, 1908) rendered at or in relation to,
any such landing-place]:]
(This and the succeeding proviso were substituted for the original proviso by Bom.5 of 1916, s.3(2)) [Provided that it shall be lawful for (The word “Government” was substituted for the words “the Governor in council” by the Adaptation of Indian Laws Order in Council) [Government] at any time to exempt any goods, passengers. vessel, boat, animal or vehicle wholly or partially from any fee to which the same may be liable under this section:]
(This and the succeeding proviso were substituted for the original proviso by Bom.5 of 1916, s.3(2)) [Provided further that the fee to be levied on any passenger on each occasion of embarking or disembarking at a landing-place shall not exceed one anna.]
Power of State Government to levy fee at higher rate in relation to minor ports
(Section 5A was inserted by Mah.24 of 1963, s.2) [5A. Notwithstanding anything contained in section 5, after the commencement of the (These words, brackets and figures were substituted for the words, brackets and figures “Bombay Landing and wharfage Fees (Amendment) Act, 1963” by Mah.43 of 1997, s.2(a)) [Bombay Landing and Wharfage Fees (Amendment) Act, 1997, it shall he lawful for the State Government by notification in the Official Gazette, to levy a fee on any passenger on each occasion of embarking or disembarking at a landing-place in any port (not being a major port) at a rate not exceeding (These words were substituted for the word “he” by Bom.5 of 1916, s.3.(2)) [rupees fifty].
Power and duties under this Act by whom to be exercised and performed
6. The levy of fees under this Act shall be made and all other powers and duties conferred and imposed by this Act or by any bye-laws made hereunder, shall be exercised and performed by such officers as (The word “Government” was substituted for the words “the Governor in council” by the Adaptation of Indian Laws Order in Council) [Government] shall from time to time direct, or by such person as (The word “it” was substituted for the word “he” by Bom.5 of 1916, s.3(2)) [it] shall from time to time direct in this behalf.
(This portion was added by Mah.8 of 1973, s.2)) [The officers and persons (including the Chief Potts Officer, Maharashtra State) empowered as aforesaid shall, in respect of ports other than major ports, be subject to the control of any intermediate authority which the State Government may appoint. The intermediate authority shall in exercising control as aforesaid be subject to the superintendence, direction and control of the State Government.]
Powers privileges and liabilities of officers who collect fees
7. The officers and perspns whose duty it may be to levy fees under this Act shall have the same powers for collecting and enforcing payment of the same as are exercisable under the provisions of any law, for the time being in fame, in respect of duties of sea-customs by the Collector of Customs and his subordinates, and shall have the same privileges and be subject to the same liabilities in respect of anything done by them in collecting and enforcing payment of the said fees as the said Collector of Customs and his subordinates have, or are liable to, under the provisions of any such law.
Punishment of offenders
The law for the time being in force for the punishment of offences relating to the levy or payment of duties of sea-customs, and for the reward of informers, shall, as far as may be, apply to similar offences committed in respect of the said fees.
(This paragraph was inserted by s.4 of the Bombay Landing and Wharfage Fees (Amendment) Act, 1916 (Bom.5 of 1916)) [Tri particular and without prejudice to the generality of the provisions of the foregoing paragraph, the penalty prescribed in the third column of article of 1 of section 167 of the Customs Act. 1878, shall be leviable in respect of the contravention of any bye-laws made under this Act.]
Tables of fees to be posted up
8. Tables of the fees leviable under this Act shall be posted up in some-conspicuous position at every landing-place at which such fees are leviable, in English and the Vernacular language of the district, (This word was substituted for the word “Province” by the Adaptation of Laws Order, 1950) [State], or territory in which the port is situate.
Power to make bye-laws
9. (These words were substituted for the words “The chief Customs Authority,” by Bom.55 of 1959, s.4(e), read with Mah.30 of 1960) [Chief Ports Officer, (These words wee substituted for the words “Bombay State” by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960) [Maharashtra State] may, with the previous sanction of Government, from time to time make, and from time to time alter or repeal, bye-laws not inconsistent with the provisions of this Act:—
(a) regulating the use of every lauding-place to which this Act applies;
(b) providing for the management of the traffic over, on or about and to and from every such landing-place;
(Clause (e) was inserted by s.5(b) of the Bombay Landing and Wharfage Fees (Amendment) Act, 1916 (Bom.5 of 1916)) (c) regulating the collection and remittance of the foes leviable under all or any of the provisions of this Act; and]
(Clause (d), was renumbered by s.5(c), ibid) [(d) generally for the guidance of all persons in matters connected with the enforcement of this Act.
The bye-laws so made, and every alteration of the same and every order repealing the same or any portion thereof, shall be published in the (The words “Official Gazette” were substituted for the words “Bombay Government Gazette and other Local Official Gazette” by the Adaptation of Indian Laws Order in Council) [Official Gazette].
10. [Fees realised under this Act how to be expended.) Deleted by Bom. 55 of 1959, s. 4(f).
(The balance standing at the foot of each landing and wharfage fees fund account under section 11 immediately before he commencement of Bom.55 of 1959, shall be credited to the Consolidated Fund of the State ([Vide Bom.55 of 1959, s.4(f))] 11. [Receipt, Expenditure and account of landing and wharfage fees.] Deleted by Bom.55 of 1959. s. 4(f ).
12. [Grouping of Ports] Deleted by Bom. 55 of 1959, s. 4(f).
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