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CALCUTTA PORT (PILOTAGE) ACT, 1941
33 of 1948
16th April , l946
STATEMENT OF OBJECTS AND REASONS "At present the responsibility for ADMINISTRATIVE control over pilotage on the river Hooghly from the see to the Calcutta Port limits rests with Government while the Commissioners for the Port of Calcutta are responsible for the conservation and improvement of the Hooghly river and its approaches. The two functions are interdependent and, in the light of experience, it is considered that in the interests of better administration the Port Commissioners should be made responsible for pilotage also. The Commissioners have agreed to this proposal and the present Bill given them the necessary legal powers for maintaining a cadre of pilots collecting pilotage fees from vessels, and provides for certain incidental matters."- Gaz. of Ind., 1948, Pt. V, page 373.
An Act to provide for the transfer of control over pilotage on the River Hooghly to the Commissioners for the Port of Calcutta: WHEREAS it is expedient to provide for the transfer of control over pilotage on the River Hooghly to the Commissioners for the Port of Calcutta and for other matters incidental thereto, and to make certain consequential amendments in the Calcutta Pilots Act XII of 1859; It is hereby enacted as follows:-
SECTION 01: SHORT TITLE AND COMMENCEMENT
- (1) This Act may be called the Calcutta Port (Pilotage) Act, 1948,
(2) It shall come into force on such date1as the Central Government may, by notification in the Official Gazette, appoint in this behalf.
SECTION 02: DEFINITIONS
- In this Act, unless there is anything repugnant in the subject or context,-
(a) "appointed day" means the date on which this Act comes into force;
(b) "Commissioners'' means the Commissioners for the Part of Calcutta incorperated under the Calcutta Port Act, 1890;
(c) "Hooghly area" means the part, of the Hooghly River extending from the Port of Calcutta to the sea to whichsection 31 of the Indian Ports Ac4t, 1908, has been extended.
SECTION 03: COMMISSIONERS' DUTY TO MAINTAIN PILOTS
-As from the appointed day it shall be the duty of the Commissioners to maintain pilots for the safe navigation of vessels in the Hooghly area and the Commissioners shall be bound to maintain a sufficient number of pilots for the purpose as may be prescribed by the Central Government from time to time.
SECTION 04: APPOINTMENT OF PILOTS
-No person shall be appointed to be a pilot by the Commissioners who is not for the time being authorised by the Central Government under the provisions of' the Indian Ports Act, 1908, to pilot vessels.
SECTION 05: RULES REGULATING PILOTS
- (1)The Commissioners may from time to time make rules-
(a) for fixing and regulating the salaries, wages and allowances for pilotage to be received by the pilots, and
(b) for regulating the behaviour and conduct of pilots, and may enforce the observance of such rules by the imposition of pecuniary penalties not exceeding two hundred rupees for every breach thereof or by suspension or deprivation of appointment or otherwise, as to them may appear expedient:
Provided that any such order made by the Commissioners shall, as respects any officer whose salary amounts to or exceeds one thousand rupees, be subject to the previous sanction of the Central Government.
(2) No such rules shall take effect until they are approved by the Central Government and published in the Official Gazette.
SECTION 06: LEVY OF PILOTAGE FEES
- As from the appointed day the Commissioners shall be entitled to levy fees for the pilot age of vessels in the Hooghly area at rates fixed under the Indian Ports Act. 1908.
SECTION 07: PILOTAGE FEES AND FINES AND PENALTIES LEVIED UNDER THE ACT
- All fees for pilotage and all fines and penalties levied under this Act from pilot- or other persons employed in the pilot service, except fines and penalties imposed by a Court, shall be accounted for and expended by the Commissioners in accordance with the provisions of section 36 of the Indian Ports Act. 1908]
SECTION 08: EXPENDITURE IN PILOTAGE ACCOUNT
-[Repeated by the Port Trusts and Ports (Amendment) Act, 1951 (35 of 1951), S. 194 (16-7-1951).]
SECTION 09: POWER TO TRANSTER MONEYS FROM THE GENERAL ACCOUNT TO PILOTAGE ACCOUNT AND VICE VERSA
-The Commissioners shall have the power, with the previous sanction of the Central Government, to apply3[any sum out of] the moneys credited to the general account towards meeting deficits, if any, in the pilotage account3[maintained under section 36 of the Indian Ports Act. 1908] and to transfer the whole or4[part of the surplus funds. if any in such pilotage account] to the general account.
SECTION 10: APPLICATION OF CERTAIN PROVISIONS OF BENGAL ACT III OF 1890
-Section 18,Section 19,Section 24B,Section 29toSection 30Section 31,Section 32,Section 33,Section 34(both inclusive),Section 47Section 48,Section 49,Section 50,Section 51,Section 52,Section 53,Section 54(both inclusive).Section 55Section 57Section 58andSection 69toSection 80A(both inclusive) of the Calcutta Port Act, 1890, are hereby incorporated in this Act subject to the following modifications. namely :-
(a) that the references in the said sections to the Calcutta Port Act, 1890, shall be taken as
references to this Act;
(b) that in clause (b) of section 19, for the words "the tolls, dues rates, rents and charges", the words "the pilotage fees" shall be substituted;
(c) that the proviso to sub-section (2) of section 30shall be omitted:
(d) that in subs-section (1) of section 34, the words "the Deputy Chairman or to" shall be omitted.
(e) that sub-section (2) of section 34shall be omitted.]
SECTION 11: AMENDMENT OF THE CALCUTTA PLLOTS ACT XII OF 1859
-[Repealed by the Repealing and Amending Act, 1950 (35 of 1950). S. 2 and Sch. 1].
1. 16th May, 1948, vide Notification No. 27-M (III)/47, dated 19th May. 1948, see Gazette of India, 1948, Pt. I, p. 556.
3. Inserted by the Port Trusts and Posts (Trusts and Ports (Amendment) Act, 1951 (35 of 1951), S. 195 (16-7-1951).
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