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The Madras Ports Police Act, 1881 Complete Act - Bare Act

StateKerala Government
Year
Act Info:
THE MADRAS PORTS POLICE ACT, 1881

THE MADRAS PORTS POLICE ACT, 1881

[Act No. 1 of 1881]

PREAMBLE
An Act to provide for the maintenance of a special Police-force in the Ports of the Presidency of Fort St. George.
Whereas it is expedient to make special provision for the security of the traffic between the shore and shipping in the ports of the Presidency of Fort St. George and to make the said traffic contribute towards the cost thereof; It is enacted as follows:-

Section 1 - Short title
This Act may be called the Madras Ports Police Act, 1881. Scope of Act.--It shall take effect in such port or ports in the Presidency of Fort St. George and from such date as the [State Government] may from time to time direct by notification in the Official Gazette.

Section 2 - Additional charge on the hire of boats carrying goods
To meet the expense of the Police-force, established under the provisions of Act XXIV of 1859 (an Act for the better regulation of the Police within the territories subject to the Presidency of Fort St. George) and Madras Act VIII of 1867(an Act to incorporate the Police of the Town of Madras with the General Police of the Madras Presidency, etc.) which may be necessary for the purpose of this Act, the [State Government] may, from time to time, by notification in the [Official Gazette], fix such sum as may suffice at each port on an annual estimate to cover the cost of such special force to be charged and taken by the owner of every boat employed to convey goods to or from any ship or vessel in any port in the Presidency of Fort St. George in which this Act may take effect, in addition to the hire payable under Act IV of 1842 (for the better management of boats and catamarans in the Madras Roads and for the amendment of certain Harbour Regulations) or under Act IX of 1846 (an Act for authorizing the Government of Fort St. George to provide Regulations for the several ports and places of anchorage within the territories subject thereto) or under any act that may be hereafter enacted for the like purpose.

Section 3 - No goods to be conveyed unless boat be accompanied by a Police Officer
No goods of any description shall be conveyed in any boat to or from any ship or vessel in any port in which this Act may take effect unless an Officer of the Police-force is present on board such boat; and it shall be the duty of the Commissioner or Superintendent of Police to provide every such boat with an officer of the Police- force for such purpose.

Section 4 - Penalties for omission to carry Police officer
The owner of every boat and the tindal and boatmen for the time being employed in any boat in which any goods shall with the connivance of such boat-owner, tindal or boat-men be conveyed to or from any ship or vessel in any port in which this Act may take effect without having an Officer of the Police-force on board of such boat, shall, on conviction before a magistrate, be liable as follows:-
every boat-owner to a fine not exceeding fifty rupees;
every tindal to a fine not exceeding twenty rupees;
every boatman to a fine not exceeding five rupees.

Section 5 - Penalties for obstruction or hindrance to Police officer
Every boat-owner, tindal or boatman of any boat who shall hinder any such officer from proceeding on board such boat or shall obstruct him in the performance of his duty when in any such boat, shall on conviction before a Magistrate, be liable as follows:-
every boat-owner to a fine not exceeding one hundred rupees;
every tindal to a fine not exceeding thirty rupees or to corporal punishment not exceeding fifty lashes with a cat-o' nine tails;
every boatman to a fine not exceeding fifteen rupees or to corporal punishment not exceeding thirty lashes with a cat-o' nine tails;

Section 6 - Owner to make weekly return of trips
Every boat-owner shall on every Monday make or cause to be made to the Commissioner of Police, or to the Superintendent of Police, or to such other person as the said Commissioner or Superintendent of Police shall appoint to receive the same, or to the Port-officer of any port in which this Act may take effect, if such Port-officer shall be appointed to such duty by the [State Government] a return in writing, signed by such boat-owner or his agent of the number of trips made by each of his boats on each day during the preceding week.

Section 7 - Penalty for neglecting to make return and for making false return
Every boat-owner who shall neglect to make the return required by section 6 shall, on conviction before a Magistrate, be liable for a first offence to a fine not exceeding fifty rupees, and for a second or any subsequent offence to a fine not exceeding one hundred rupees and every boat-owner who shall knowingly make a false return shall be liable to a fine not exceeding three hundred rupees and a forfeiture of all licenses which he may hold under the provisions of Act IV of 1842 or IX of 1846.

Section 8 - Boat-owner to pay to the Commissioner or superintendent of Police the sums charged under this Act
Every boat-owner shall on every Monday pay or cause to be paid-to the said Commissioner of Police, or to the Superintendent of Police, or to such other person as the said Commissioner of Superintendent of Police shall appoint to receive the same, or to the Port officer of any port in which this Act may take effect, if such Port-officer shall be appointed to such duty by the [State Government]. the regulated sum as provided under section 2 for every trip made by any boat belonging to him employed in conveying goods, according to the weekly return made by him as hereinbefore directed;
Procedure on default.- and, in default of such payment, one or more of the boats of any boat-owner making such default may be seized and sold by virtue of a warrant under the hand and seal of a Magistrate until the amount so due by such boat-owner and the expenses of sale shall be realized: and such amount when realized shall be forthwith paid to the said Commissioner or Superintendent of Police or other officer appointed as aforesaid. Any surplus arising from such sale shall, provided application be made within three months from the date of such sale, be paid to such boat-owner.

Section 9 - Moneys received under this Act to be paid into the public treasury
All moneys paid or received by the Commissioner or Superintendent of Police, or other officer as aforesaid under this Act, shall be paid by such officer at least once a month into the public treasury.

Section 10 - Act not to apply to boats conveying only mails
This Act shall not apply to any boat which shall convey mails exclusively to or from any ship or vessel in any port in which this Act may take effect.

Section 11 - Powers of Police-officers under the Act
From and after the passing of this Act, it shall be lawful for all Police-officers appointed under Act XXIV of 1859 or Madras Act VIII of 1867 to exercise within the limits of any port in which this Act may take effect all powers given to them by the said Acts, respectively.

Section 12 - Code of Criminal Procedure and Presidency Magistrates Act to apply to punishments
The provisions of the Code of Criminal Procedure and the Presidency Magistrates Act shall apply to all fines and punishments awarded under this Act.

Section 13 - Power to apply Act to passenger boats
The State Government may from time to time, by notification in the Officer Gazette, apply the provisions of this Acts to boats conveying passengers to or from any vessel in all or any ports in which this Act shall take effect under section 1.

Section 14 - Government may with draw ports from operation of Act
It shall be competent to the [State Government of Madras] to withdraw from the operation of this Act, by notification in the official Gazette, any port, or ports in which this act may take effect.

Section 15 - Section 15
[Repeal of enactment] Rep. by the Repealing and amending Act, 1901 (Central Act XI of 1901).
Kerala State Acts


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