1. [Repeal of
enactments] Rep. Act XIV of 1870.
2. The
following rules shall be in force with respect tovessels belonging to
any of Her Majesty's subjects and employed on the coasts
of or in trading coastwise, as also with respect to
fishing-vessels and harbour-craft belonging to any of the same Her
Majesty's subjects. Rules as to costing and other vessels
belonging to Queen's subjects.
3. Every such
vessel employed as aforesaid, fishing- vessel and harbour-craft shall
be or branded with the name of the place to such she belongs and also
with a number assigned for the same by the officer authorised to make
such registry as is hereinafter mentioned; Marking of branding vessels
with name of place and number.And the owner or owners of such vessel
employed as aforesaid, fishing- vessel and harbour-craft shall cause
such name and number to be painted in black paint upon a white ground
on each quarter of such vessel employed aforesaid, fishing- vessel and
harbour-craft, in English figure and letters, each figure and letter
being six inches in length. Owner to paint name and number.
4. The
name and number of every such vessel employed as aforesaid, fishing-
vessel and harbour-craft and burthen and also the name or names of
the owner or owners thereof, shall be register in a book to be kept
for that purpose by the person hereinafter directed to make such
registry. Registry of name, number and burthen.At Bombay such
registry shall be made by the Master attendant and at other places by
the Collector of Sea-Customs at such places respectively or by such
other person as shall be appointed by the Central Registry by whom to
be made.This Act was declared, by the Laws Local Extent Act, 1874 (15
of 1874), 5, to be in force in the whole of the Province of Bombay
except as regards the Scheduled Districts, i.e., the villages
belonging to the following Mehwassi Chiefs:-
(1) The Parvi of Kathi.
(4) The Walwi of Caohalli.
(2) The Parvi of Nal.
(5) The Wassawa of Chikhli.
(3) The Parvi of Singpur.
(6) The Parvi of Nawalpur. The words and figures "And
it is hereby enacted, that from the said first day of November, 1838"
and the words "And it is hereby enacted that" were repealed by the
Repealing Act, 1874 (16 of 1874).The words "Province" and "said
Province" were substituted for the original words by the Indian
Independence (Adaptation of Central Acts and Ordinances) Order,
1948.The words "And it is hereby enacted, that "were repeated by the
Repealing Act, 1874 (16 of 1874).This word was substituted for the
original word by the Indian Independence (Adaptation of Central Acts
and Ordinances) Order, 1948.The words " Central Government" were
substituted for the words "Government of Bombay" by the Adaptation of
Indian Laws Order in Council.Government to act at such places
respectively, in the execution of this Act; and whenever any
change shall take place in the burthen of such vessel employed as
aforesaid, fishing-vessel or harbour-craft, or in the name or names of
the owner of owners thereof, such registry shall be made again: Fresh
registration.Provided, however that it shall not be lawful to give any
name to such vessel employed as aforesaid, fishing-vessel or harbour-craft,
other than that by which she was first registered.
5. The
owner or owners of every such vessel employed as aforesaid, fishing-
vessel and harbour-craft shall apply to the person authorized to make
such registry in respect of the same, in order to have such registry
as aforesaid made, or in order to have such registry made again as
aforesaid. Owner to apply for registry.And whenever such vessel
employed as aforesaid, fishing-vessel or harbour-craft us registered
at a subordinate port, information thereof, and of the number there
assigned to her, shall immediately be given by the registering officer
to the P.P.M.M.D. Information of registry at subordinate port.
6. The duty of
marking or branding and of ascertaining the burthen of such vessel
employed as aforesaid, fishing- vessel and harbour-craft, at Bombay,
shall be performed by the P.P.M.M.D.; and at all other places the duty
of marking or branding and of ascertaining the burthen of such vessel
employed as aforesaid, fishing- vessel and harbour-craft shall be
performed by the Collector of Sea-Customs as such places respectively,
or by such other persons as shall be appointed by the [Central
Government] to act at such places respectively, in the execution of
this Act. Officer to perform duty of marking and branding.
7. The owner or
owners of every such vessel employed as aforesaid, fishing- vessel and
harbour-craft shall apply for and obtain a certificate of registry
from the person authorised to make such registry as aforesaid, and
such certificate shall be in the form specified in the Schedule
appended to this Act; and in the case of any certificate being lost or
destroyed, a renewal certificate may be obtained in the same manner
and on payment of the fees hereinafter mentioned. Owner to obtain
certificate of registry. Replacing lost certificate.
8. Such
certificate of registry shall be sealed with the seal of the East
India Company, and shall be signed by the person authorised to make
such registry. Sealing certificate.
9. (Dales for
commencement of certificate and registration.) Rep. Act XII of 1876.
10. The
owner or owners of such vessel employed as aforesaid, (fishing- vessel
and harbour-craft being excepted), on being registered as aforesaid,
shall pay - for each certificate of registry for a vessel not
exceeding 20
Bombay khandis burthen, the fees of 1 rupee. for
each certificate for a vessel exceeding 20 such khandis burthen, and
not exceeding 100 khandis burthen 5 rupees. for each certificate for
a vessel exceeding 100 such khandis burthen, and not exceeding 400
khandis burthen 7 rupees. And for each certificate for a vessel of
100 tons or greater burthern, per ton 2 annas.
11. The person
or persons so authorized to make such registry as aforesaid shall
receive the fees payable for the same, and shall pay such fees to such
officer as [the Central Government]. Fees to be credited to Central
Government.Provided that any such fees as immediately before the
commencement of Part III of the Government of India Act, 1935, were
under this Act as then in force to be carried to the credit of the
local Government shall be paid to such officer is the Provincial
Government may appoint and be carried to the credit of that
Government.
12. The owner or
owners or commander of every such vessel employed as aforesaid,
fishing-vessel and harbour-craft shall produce, on demand thereof, by
any officers of the Customs or by any officer of the *Navy, the
certificate so directed to be applied for and obtained in respect of
such vessel employed as aforesaid fishing-vessel or harbour-craft, as
abovementioned. Production of certificate on demand.
13. In case any
such vessel employed as aforesaid, fishing-vessel or harbour-craft
shall not be so marked or branded in all respects as hereinbefore
directed, o or in case the name and number of any such vessel employed
as aforesaid, fishing-vessel or harbour-craft shall not be painted, or
shall not continue so painted on such vessel employed as aforesaid,
fishing-vessel or harbour-craft, in all respects as hereinbefore
directed; Penalty for neglect to comply with rules.Or in case any such
vessel employed as aforesaid, fishing-vessel or harbour-craft shall
not be furnished with such certificate as hereinbefore specified, or
in case the owner or owners or commander of any such vessel employed
as aforesaid, fishing-vessel or harbour-craft shall not produce such
certificate on demand thereof as hereinbefore directed;The owner or
owners of every such vessel employed as aforesaid shall be subject to
a fine of ten times the amount of the fees payable in respect of the
certificate of registry of such vessel, the same being a vessel for
the certificate of the restoration of which any fee is payable; and
the owner or owners of any such fishing-vessel or harbour-craft shall
be subject to a fine of ten rupees;Which fines may be recovered on
conviction before any Magistrate having jurisdiction by sale of such
vessel, fishing vessel or harbour-craft, her furniture, ammunition,
tackle and apparel; Recovery of aenalties. And such fines shall be
payable as often as the owner or owners or commander of any such
vessel employed as aforesaid, fishing-vessel or harbour-craft shall
make such default as aforesaid; Provided every such subsequent default
be made after the expiration of one month from the date of the last
conviction. Certify on repetition of default. The [Central
Government] may direct compensation for trouble and diligence in
seizing such vessel employed as aforesaid, fishing-vessel or harbour-craft,
guns, furniture, tackle, ammunition and apparel, as last mentioned, to
be made, out of the proceeds of such seizure to the person or persons
who shall have seized the same, to such amount, in such manner and in
such shares or proportions, as to the said [Central Government] shall
seem meet. Power to direct compensation for trouble in seizing.
15.
[Port-clearance] Rep. Act XII of 1876. SCHEDULEThis
is to certify that [here insert the names, occupation and residence of
the owners) having declared that (he or they) are sole owner or
owners of the vessel (fishing vessel or harbour-craft) called (the
name) which is of the burthen of ( number of Bombay Khandis) and that
the said vessel (fishing-vessel or harbour-craft) was (where and when
built), the said vessel (fishing-vessel or harbour-craft) has been
duly registered at the port of (name of port).Certified under my
hand.(Signature of Officer) (6th March,1952)An Act further to
amend the Bombay Coasting-vessels Act, 1838.BE it enacted by
Parliament as follows:-
1. Short
title:- This Act may be called the Bombay costing-vessels (Amendment)
Act, 1952.
2. Substitution of certain words for the words
"master-Attendant" in Act XIX of 1838:- Throughout the Bombay
Coasting-vessels Act, 1838 (hereinafter referred to as the Principal
Act), for the words "Master-Attendant", wherever they occur, the words
"Principal Officer, Mercantile Marine Department" shall be
substituted.
3. Amendment of short title, Act XIX of 1838:- In the
short title of the principal Act, the word "Bombay" shall be omitted.
4. Insertion of new section 1 in Act XIX of 1838:- The
following section shall be inserted as section 1 of the principal Act,
namely:- "1.Extent:- This Act extends in the first instance to the
States of Bombay, Saurashtra and Kutch, but the Central Government
may, by notification in the Official Gaxette, extend it to any other
State which has a sea-coast."
5. Amendment of section 2, Act XIX of 1838:- In
section 2 of the principal Act,:-(a) the words "residing within the
State of Bombay" shall be omitted; and(b) for the words "the said
State" the words "any State to which this Act extends"shall be
substituted.
6.Amendment of sections 4, 12 and 13, Act XIX of
1838:- In the secondparagraph of section 4 and in sections 12 and 13
of the principal Act, the words “within the said State” shall be
omitted
.7. Amendment of section 6, Act XIX of 1838: - In
section 6 of the principal act, the words “within the State of Bombay
“ shall be omitted.
8. Substitution of new section for section 10 in Act
XIX of 1838: - For section 10 of the principal Act, the following
section shall be substituted, namely: - “10.
Fees for
certificates: -
The owner or owners of such vessels employed as
aforesaid (fishing-vessels and harbour-craft being excepted) on being
registered as aforesaid, shall pay- for each certificate of registry
for a vessel not exceeding 5 tons burthen, the fee of …. … … … 1
rupee;
for each certificate for a vessel exceeding 5 tons
burthen and not exceeding 25 tons burthen, the fee of …. … for each
certificate for a vessel exceeding 25 tons burthen and not exceeding
100 tons burthen, the fee of … … 7 rupees;
and for each
certificate for a vessel of 100 tons or greater burthen, per ton, the
fee of … … … 2 annas.”
9. Amendment of the
Schedule, Act XIX of 1838:- In the Schedule to the principal Act, for
the words “Bombay Khandis” the word “tons” shall be substituted.
10. Repeal and
saving:- If immediately before the commencement of this Act there is
in force in the State of Kutch, any law corresponding to the principal
Act, that law shall, on such commencement, stand repealed:Provided
that notwithstanding such repeal, anything done or any action taken
(including any certificate of registration issued in the exercise of
any power conferred by or under such corresponding law shall be deemed
to have been issued, done or taken in the exercise of the power
conferred by or under the principal Act as so amended was in force in
the said locate on the day on which thing was in force in the said on
the say on which any such thing was done or action was taken.