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CALCUTTA PILOTS ACT, 1859
12 of 1859
4th May, 1859
An Act to make better provision for the trial op pllots at the Presidency of Fort William in Bengal 1for breach of duty. WHEREAS it is expedient to amend the law for the trial of persons employed in2[the Hooghly Pilot Service of the Commissioners for the Port of Calcutta], when accused of breach of duty, and to extend the same to persons licenced to act a pilot at the laid Presidency. It is enacted as follows:
SECTION 01: RCPEAL OF ACTS XXIV OF L845 AND I OF 1851
-[Repealed bythe Repealing Act, 1870(14of l870),S. I and Sch., Pt. II].
SECTION 02: TRIAL OF PILOTS ACCUSED OF BREACH OF DUTY
- When any person employed in5[the Hooghly Pilot Service of the Commissioners for the Port of Calcutta], or licensed to act, as a pilot at the said Presidency, shall be accuied of having comitted any breach of duty while engaged in such service or acting under such license, and it shall appear to the5[Port Officer]. or to the5[Central Government] that such penon ought to be brought to trial for such breach of duty, such person shall be brought to trial upon a charge or charges framed by the said c[Port Officer], or such other person as the c[Central Government] shall direct, before a Court constituted under the provisions of this Act.
SECTION 03: APPOINTMENT OF JUDGE
- The6[Central Government] shall appoint a fit penon to be Judge of the laid Court
SECTION 04: APPOINTMENT OF PROSECUTOR
- The8[Central Government] shall appoint such penon as8[it] may think proper to conduct the proceedings before the Court at prosecutor on the part of Government.
SECTION 05: TRIAL TO BE HELD BEFORE JUDGE ARID JURY.
- Every trial under this Act shall be held before the said Judge and a jury composed of two merchants of Calcutta, a master of a merchantship lying in the Port of Calcutta, and a pilot of not less than twenty years' service.
SECTION 06: LISTS OF MERCHANTS AND PILOTS LIABLE TO SERVE ON JURY
- The Judge shall cause to be prepared and shall keep two separate lists, one containing the names of merchants, the other containing the names of pilots, liable to serve on such jury. The names in each list shall be arranged in alphabetical order, and the place of abode and quality or business of each pennon named shall be stated.
SECTION 07: NOTICE TO PROSECTURE AND PLACE FOR APPOINTIN JURY
-when the judge shall be about to hold a trial under this Act,he shall give notice to the prosecutor and to the party accsed of a time and place to be fixed by the Judge for appointing a jury to serve at such trial.
SECTION 08: APPOINTMENT OF JURY
- At the time and place mentioned in the notice, the Judge in the presence of the prossecutor and the person accured shall read over the names which first occur in each of the said lists of those merchants and pilots who he has reason to believe are present in Calcutta and capable of attending as jurors at the trial; and shall also propose the name of a master of a merchantship lying in the Port of Calcutta, whom he deems qualified to serve on such jury If no objection be made and allowed, the persons so nominated shall be the jury to serve at the trial. If the prosecutor or the party accused shall object to any of the persons named as jurors, he shall assign the grounds of his objection and such objection shall forthwith be decided by the Judge. If the objection be allowed, the Judge shall read from the said lists or propose (as the case may be) another name in (he place of the one objected to and the person so nominated shall serve on the jury provided no objection to such penon be made and allowed as aforesaid.
SECTION 09: DAY OF TRIAL TO BE FIXED AND SUMMONS TO ISSUE TO JURORS. PENALTY FOR NON ATTENDANCE
- When a jury has been appointed under the last preceding section, the Judge shall fix a day for the trial and shall summon by writing under his hand the persons so appointed, to lit as a jury. If any such person when duly summoned shall, without Such excuse as the Judge shall allow to be sufficient, neglect or refuse to attend at the time appointed or to remain in attendance until the trial shall be completed, it shall be lawful for the said Judge to impose upon any such person a fine not exceeding two hundred rupees for every such default; and such fine, if not paid, shall be levied by distress and sale of the goods and chattels of the defaulter under a warrant to be issued for that purpose by the Judge. Such warrant may be transmitted by the Judge to any9[Presidency Magistrate] for the town of Calcutta, and thereupon such Magistrate shall endorse the same and shall cause it to be executed in the same manner as if the warrant had been issued by such Magistrate.
SECTION 10: TRIAL HOW TO PROCEED IF ANY JURORS DOES NOT ATTEND
.- It for any cause any of the persons summoned to attend as jurors shall not be in attendance at the time fixed for the commencement of the trial, the trial may with the consent of the prosecutor and the party accused be held before the Judge and such jurors as shall be in attendance. If such consent be not given, the place of the absent juror shall be supplied by some other person selected by the Judge from the same profession or calling as the person originally summoned and who shall consent to serve, provided no objection to suck person be made and allowed in manner aforesaid. If the parties or either of them do not consent that the trial shall be held before the Judge and such jurors as may be in attendance and the place of the absent juror cannot be supplied by a person consenting to serve, the trial shall be postponed to another day and the Judge shall either re-summon the same jury or appoint and summon another jury in the manner hereinbefore provided.
SECTION 11: REGISTER OF JURORS WHO HAVE SERVED
- The Judge shall register in a book the names of all jurors' mentioned in either of the said two lists who have attended and served on a trial held under this Act. A juror who has served shall not be required again to serve and his name shall be excluded in reading over the jury lists until all the persons named in the said lists who are present in Calcutta and capable of attending as jurors shall have served.
SECTION 12: REPEALED
- [Repealed by the Indian Oaths Act, 1873 (10 of 1873), S: 2 and Sch, Pt. II].
SECTION 13: JUDGE MAY SUMMON WITNESSES TO ATTEND AT CERTAIN TIME AND PLACE EXAMINATION OF WITNESSES ABOUT TO LEAVE CALCUTTA.
- It shall be lawful for the Judge of the said Court, at the instance of the prosecutor, or of the party accused, or of his own motion, by writing under his hand, to summon any penon to attend as a witness at a time and place to be specified in the summons, for the purpose of being examined at any trial before the said Court; or if such person shall be about to depart from Calcutta, so as to be unable to attend at such trial without serious inconvenience, then to be examined before the Judge of the said Court before the day fixed for the trial: Provided always that due notice of the time and place of such examination shall be given to the accused party; provided also that such witness may nevertheless be examined at the trial if he shall be able to attend thereat in which case his previous examination may also be read as the trial.
SECTION 14: PENALTY FOR WITNESSES NOT ATTENDING OR REFUSING TO GIVE EVIDENCE
- If any person who shall have been duty summoned to attend as a witness shall, without sufficient excuse, neglect or refuse to attend, or attending shall refuse to give evidence or to answer any question which may be lawfully put to him, such person shall forfeit and pay such fine. net exceeding five bundled rupees, as the Judge of the said Court shall order; and such fine, if not paid, shall be levied by distress and sale of the goods and chattels of the person ordered to pay the same in the manner prescribed in Section 9-of this Act.
SECTION 15: ARREST
- (1) Whenever the Judge of the said Court thinks it necessary for obtaining evidence that any person should be arrested, he may issue a warrant for his arrest, and may, for the purpose of effecting the arrest, authorize any officer (subject, nevertheless, to any general or special instructions from the11[Central Government]) to enter any vessel.
(2)Any officer so authorized may, for the purpose of enforcing the entry, call to his aid any officers of Police or Customs, or any other persons, and may seize and detain the vessel for such time as is reasonably necessary to effect the arrest; and every such officer or other person shall be deemed to be a public servant within the meaning of the Indian Penal Code, section 186-
(3)No person shall be detained under this section for more than forty-eight hours]
SECTION 16: VERDICT OF JURORS
- Upon the completion of the trial the jurors shall give their verdict upon the charge, or, if there be more than one, upon each separates charge. The verdict shall be according to the opinion of the majority of jurors. If the jurors are equally divided, the Judge shall declare his opinion, and the verdict shall be according to the opinion of the Judge and the jurors with whom he concurs.
SECTION 17: SENTENCE IF ACCUSED FOUND GUILTY
- If by such verdict the accused person is found guilty of the charge or of any one or more of the charges preferred against him, the Judge of the Court shall sentence him to be dismissed from the said pilot service, or to have his license withdrawn, or shall award such other punishment, by loss of rank12[* *], or by change of a license from a higher to a lower grade, or suspension from employment for a specific period, as to the Judge shall appear fit. Preparation of schedule of offences and punishments. The13 [Central Government],14[* *] may prepare a schedule of offences and punishments (such punishments being of the same nature as those hereinbefore mentioned) for the guidance of the laid Court; and if such schedule be prepared15[* *] and the charge proved before the said Court is an offence specified in such schedule, the Judge of the said Court shall award such punishment as is prescribed for such offence in the said schedule, and no other. Acquittal. If by such verdict as aforesaid the accused person is found not guilty of the charge or charges preferred against him, the Judge shall declare him acquitted of the same.
SECTION 18: NO SENTENCE FINAL TIL APPROVED BY GOVERNMENT
- The Proceedings of the Court shall be sent by the Judge to the16[part officer] for submission to the17 [Central Government;] and no sentence of punishment pronounced by the Judge of the said Court shall be final until it has been approved of by the17[Central Government].Government may remit sentence or mitigate punishment The17[Central Government] may remit the whole or any part of such sentence, or may direct the substitution of any mitigated punishment in lieu of the punishment awarded by the said Court as18[it] shall think fit.
SECTION 19: IF VERDICT OF JURORS BE MANIFESTLY CONTRARY TO EVIDENCE OR TRIAL OTHERWISE insufficient
- If it shall appear to the Judge of the said Court that the verdict of the jurors is manifestly contrary to the evidence, or that the trial is otherwise insufficient, the Judge, instead of passing sentence on the accused person or declaring him acquitted, as the case may be, may certify the same to the 19[Central Government], and the19[Central Government] may either order a new trial before another jury or acquit the accused person, as20[it] shall think fit.
SECTION 20: POWER TO MAKE ROTES
- It shall be lawful for the 21[Central Government] to make such rules as22[it] shall think proper, not inconsistent with the provisions of this Act, for conducting the proceedings and regulating the practice of the said Court.
SECTION 21: COMMISSIONERS OF PART OF CALCUTTA MAY PASS ORDERS UPON CHARGE OF BREACH OF DUTY WHERE TRIAL UNNECESSARY
- Nothing contained in this Act shall be held to restrict23[the Commissioners for the Port of Calcutta] from passing such orders as may be deemed proper upon any charge of breach of duty preferred against any person employed in the said pilot service, when it shall not be deemed necessary that such person should be brought to trial for such breach of duty under the provisions of this Act;24[provided that no order for suspension, reduction or deprivation of appointment shall be made without the previous sanction of the Central Government].
SECTION 22: WITHDRAWAL OF LICENCE FROM LICENSED PILOT
- If any person licensed to act as a pilot when duly charged with breach of duty as aforesaid, shall refuse to submit himself to trial under the provisions of this Act, the licence if such person shall be withdrawn, and he shall be incapable of being again licensed to act as a pilot at the said Presidency.
SECTION 23: ACT APPLICABLE TO PERRONS IN PILOT SERVICE AND TO LICENSED PILOTS
- The provisions of this Act shall extend to25[all persons employed in the Hooghly Pilot Service and borne on the rolls of the Commissioners for the Port of Calcutta], whether such persons receive fixed salaries, or are remunerated by a portion of the pilotage charged on the vessels piloted by them, or in any other manner, and to all persons licensed to act as pilots at the said Presidency25
5. Substituted for "Governor-General in Council" by A. 0., 1937.
6. Substituted for the words "Governor-General in Council" by A. 0. 1937,
8. Subitituted for the word "he", by A. 0., 1937
9. Substituted for the words "Magistrate of Police" by 'he Bengal Pilot Service (Centralisation of Administration) Act, 1929 (XI of 1929), S. 2.
11. Substituted for the words "Governor-General in Council" by A. 0. 1937.
12. The words "or pay" were omitted by the Calcutta Pilots (Amendment) Act, 1920 (Beng. IV of 1920), S.2
13. Substituted for the words "Governor-General in Council" by A. 0" 1937.
14. The words "with the previous sanction of the Governor-General in Council" were omitted by the Decentralisation Act, 1914 (4 of 1914), S. 2 and Sch., Pt. I.
15. The words "and sanctioned" were omitted, by the Decentralisation Act, 1914.
16. Substituted for the words "Superintendent of Marine" by the Amending Act, 1903 (1 of 1903), S. 3 and Sch. II,
17. Substituted for the words "Governor-General in Council" by A. 0., 1937
18. Substituted for the word "he", by A. 0., 1937
19. Substituted for the words "Governor-General in Council" by.A. 0" 1937
20. Substituted for the word "he", by A. 0., 1937.'
21. Substituted for the words "Govenor-General in Council" by A. 0" 1937
22. Substituted for the word "he", by A. 0., 1937
23. Substituted for the words "the marine authorities of the Government" by the Calcutta Port (Pilotage) Act ,1948 (33 of 1948), S. II (w.e.f. 16-3-1948)
24. Added, the words "the marine authorities of the Government" by the Calcutta Port (Pilotage) Act ,1948 (33 of 1948), S. II (w.e.f. 16-3-1948).
25. Substituted for the words, "all persons employed in the Pilot service at the said Presidency and borne on the rolls of the Government establishment" by the Caleutta Port (Pilotage) Act, 1948 (33 of 1948). S.I I (W.e.f. 16-5-1948)
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