Section Text
(j) insection 110C, for the words, figures and lettres "section 195-andChapter XXXV of the Code of Criminal Procedure, 1898-", the words, figures and letters "section 195-andChapter XXVI of the Code of Criminal Procedure, 1973-" shall be substituted]". SECTION 55: PENALTY FOR MAKING VOYAGE WITHOUT CERTIFICATE OF SURVEY -
(1) If any inland178[mechanically propelled vessel] proceeds on a voyage in contravention ofsection 3-179[orsection 19A-], the owner and the master of the 178[mechanically propelled vessel] shall each be punishable with fine, which may extend to one thousand rupees.
(2) If the master or any other officer on board an inland178[mechanically propelled vessel] which proceeds on a voyage in contravention ofsection 3-179[orsection 19A-] is a licensed pilot, he shall be liable to have his licence as a pilot suspended or cancelled, for any period, by the180[State Government]. SECTION 56: PENALTY FOR NEGLECT TO AFFIX CERTIFICATE OF SURVEY IN INLAND a [mechanically propelled vessel]- If the certificate of survey is not kept affixed in an inland181[mechanically propelled vessel] as required bysection 10-182[or if the registration mark is not displayed as required bysection 19H-], the owner and the master of the181[mechanically propelled vessel] shall each be punishable with fine which may extend to one hundred rupees. SECTION 57: PENALTY FOR NEGLECT OR REFUSAL TO DELIVER UP OR SURRENDER CERTIFICATES OF SURVEY OR REGISTRATION - If the owner or master of an inland184[mechanically propelled vessel] without reasonable cause neglects or refuses-
(a) to deliver up a certificate of survey when required undersection 14-so to do; or (b) to deliver up a certificate of registration when required undersection 19N-so to do; or (c) to surrender a certificate of registration as required bysection 19-0-, he shall be punishable with fine, which may extend to one hundred rupees.] SECTION 58: PENALTY FOR CARRYING EXCESSIVE NUMBER OF PASSENGERS ON BOARD If an inland186[mechanically propelled vessel] has on board or in any part thereof a number of passengers which is greater than the number set forth in the certificate of survey as the number of the owner and the master shall each be punishable with fine which may extend to185[one hundred rupees] for every passenger over and above that number. SECTION 58A: PENALTY FOR CARRYING EXCESSIVE QUANTITY OF CARGO ON BOARD If an inland cargo set forth in the certificate of survey as the quantity of cargo which the vessel or the part thereof is, in the judgment of the surveyor, fit to carry, the owner and the master shall, each, in punishable with fine which may extend"
(b) in the case of any second or subsequent offence, to one thousand rupees]. SECTION 59: PENALTY FOR SERVING, OR ENGAGING A PERSON TO SERVICE, AS MASTER OR ENGINEER WITHOUT CERTIFICATE If any person"
(a) proceeds on any voyage in an inland [mechanically propelled vessel] as the master or engineer of such vessel without being at the time entitled to, and possessed of, a engine-driver's licence], as the case may be, as required under this Act, or person without ascertaining that he is at the time entitled to, and possessed of, such certificate188[or licence], he shall be punishable with fine which may extend to five hundred rupees. SECTION 60: PENALTY FOR MASTER FAILING TO GIVE NOTICE OF WRECK OR CASUALTY If any master wilfully fails to give notice, as required bysection 32-, of any wreck, abandonment, damage, casualty or loss, he shall be punishable with fine which may extend to five hundred rupees, and, in default of payment of such fine, with simple imprisonment for a term which may extend to three months. SECTION 61: PENALTY FOR FAILING TO DELIVER UP SUSPENDED OR CANCELLED CERTIFICATE If any person, whose certificate is suspended or cancelled under this Act, fails to deliver up the certificate as required bysection 46-, he shall be punishable with fine, which may extend to five hundred rupees. SECTION 62: PENALTY FOR TAKING OR DELIVERING OR TENDERING FOR CARRIAGE DANGEROUS GOODS ON BOARD INLAND [MECHANICALLY PROPELLED VESSEL] WITHOUT NOTICE If any person, in contravention ofsection 50-, takes with him on board any inlandb [mechanically propelled vessel] any dangerous goods, or delivers or tenders any such goods for carriage on any inlanda [mechanically propelled vessel], he shall be punishable with fine which may extend to two hundred rupees, and the goods shall be forfeited to Government. SECTION 62A: PUNISHMENT FOR OFFENCES RELATING TO ACCIDENT If the master or the driver or other person in charge of the inland mechanically propelled vessel fails to report an accident in which his vessel is involved as required under Chapter VIA, he shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both, or, if having been previously convicted of an offence under this section, he is again convicted of an offence under this section, with imprisonemnt for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. SECTION 62B: PENALTY FOR USING UNINSURED MECHANICALLY PROPELLED VESSEL If any person uses a mechanically propelled vessel or causes or allows a mechanically propelled vessel to be used without a policy of insurance complying with the requirements of Chapter VIA, he shall be punishable with fine which may extend to one thousand rupees. SECTION 62C: PENALTY FOR NEGLECT OR REFUSAL TO GIVE INFORMATION AS TO INSURANCE OR TO PRODUCE CERTIFICATE OF INSURANCE If any person without reasonable cause neglects or refuses to give information as to insurance or to produce the certificate of insurance under the provisions contained in Chapter VIA, he shall be punishable with fine which may extend to one hundred rupees.] SECTION 63: PENALTY FOR MISCONDUCT OR NEGLECT ENDANGERING INLAND a[mechanically propelled vessel] or life or limb- If any person employed or engaged in any capacity on board an inlanda [mechanically propelled vessel], by wilful breach or by neglect of duty, or by reason of drunkenness-
(a) does any act tending immediately to wreck, destroy or materially damage the vessel, or to endanger the life or limb of any person on board or belonging to the vessel, or (b) refuses or omits to do any lawful act proper and requisite to be done by him for preserving the vessel from immediate wreck, destruction or material damage, or for preserving any such person from immediate danger to life or limb, he shall be punishable with fine which may extend to one thousand rupees, or with imprisonment for a term which may extend to two years or with both. SECTION 63A: DESERTION AND ABSENCE WITHOUT LEAVE - If any person employed or engaged in any capacity on board a mechanically propelled vessel commits any of the following offences, he shall be liable to be punished summarily as follows :-
(a) if he deserts from his mechanically propelled vessel he shall be guilty of the offence of desertion and be liable to forfeit all or any of the property he leaves on board of the vessel and of wages he has then earned and also to imprisonment which may extend to three months;
(b) if he neglects or refuses, without reasonable cause, to join his mechanically propelled vessel or to proceed on any voyage in his vessel or is absent without leave at any time within twenty-four hours of the vessel sailing from a port or ghat either at the commencement or during the progress of a voyage or is absent at any time without leave and without sufficient reason from his vessel or from his duty, he shall, if offence does not amount to desertion or is not treated as such by the master, be guilty of the offence of absence without leave and be liable to forfeit out of his wages a sum not exceeding two days' pay and in addition for every twenty-four hours of absence either a sum not exceeding six days' pay or any expenses properly incurred in hiring a substitute and also to imprisonment which may extend to two months. SECTION 63B: GENERAL OFFENCES AGAINST DISCIPLINE - If any person employed or engaged in any capacity on board a mechanically propelled vessel commits any of the following offences, he shall be guilty of an offence against discipline and he shall be liable to be punished summarily as follows:-
(a) if he quits the mechanically propelled vessel without leave after her arrival at the port or ghat or port or ghat of delivery, he shall be liable to forfeit out of his wages a sum not exceeding one month's pay;
(b) if he is guilty of wilful disobedience to any lawful command or neglect of duty, he shall be liable to forfeit out of his wages a sum not exceeding two days' pay;
(c) if he is guilty of continued wilful disobedience to lawful command or continued wilful neglect of duty, he shall be liable to imprisonment which may extend to one month and also to forfeit over every twenty-four hours continuance of disobedience or neglect either a sum not exceeding six days' pay or any expenses properly incurred in hiring a substitute;
(d) if he assaults the master or any other officer of the vessel, he shall be liable to imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees, or with both;
(e) if he combines with any of the officers to disobey to lawful command or to neglect duty or to impede the navigation of the vessel or retard the progress of the voyage, he shall be liable to imprisonemnt for a term which may extend to three months or with fine which may extend to five hundred rupees, or with both;
(f) if he wilfully damages his mechanically propelled vessel or commits criminal misappropriation or breach of trust in respect of or wilful damage to any of her stores or cargo, he shall be liable to forfeit out of his wages a sum equal to the loss sustained and also imprisonment which may extend to three months. SECTION 63C: ENTRY OF OFFENCE IN OFFICIAL LOG-BOOK - If any offence within the meaning of this Act of desertion or absence without leave or against discipline is committed or if any act of misconduct is committed for which the offender's agreement imposes fine and it is intended to enforce the fine,-
(a) an entry of the offence or acts shall be made in the official log-book and signed by the master and one of the persons employed or engaged in any capacity on board of the mechanically propelled vessel.
(b) the offender shall be furnished with a copy of the entry and have the same read over distinctly and audibly to him and may thereupon make such reply thereto as he thinks fit;
(c) a statement of a copy of the entry having been so furnished and entry having been so read over and the reply, if any, made by the offender shall likewise be entered and signed in the manner aforesaid;
(d) in any subsequent legal proceedings the entries by this section required shall, if practicable, be produced or proved, and, in default of such production or proof, the court hearing the case may in its discretion refuse to receive evidence of the offence or act of misconduct.] SECTION 63D: GENERAL PROVISION FOR PUNISHMENT OF OFFENCES NOT OTHERWISE PROVIDED FOR -If any person contravenes any of the provisions of this Act for which no other penalty is provided in this act, he shall be punishable with fine which may extend to two hundred rupees.] SECTION 64: LEVY OF FINE BY DISTRESS OF INLAND a[mechanically propelled vessel]- Where the owner or master of an inlanda[mechanically propelled vessel] is convicted of an offence under is Act or any rule made thereunder committed on board, or in relation to, thata[mechanically propelled vessel], and is sentenced to pay afine, the Magistrate who passes the sentence may direct the amount of the fine to be levied by distress and sale of thea[mechanically propelled vessel] and the tackle, apparel and furniture thereof, or so much thereof as is necessary. SECTION 65: JURISDICTION OF MAGISTRATES Except in the case of an offence against any rule made undersection 53-, no Magistrate shall try an offence under this Act, or any rule made thereunder, unless he is a Presidency Magistrate,a or a Magistrate whose powers are not less than those of a Magistrate of the first class. SECTION 66: PLACE OF TRIAL If any person commits an offence against this Act or any rule made theunder, he shall be triable for the offence in any place in which he may be found or which the195[State Government], by notification in the [Official Gazette], appoints in this behalf, or in any other place in which he might be tried under any other enactment for the time being in force. SECTION 67: POWER FOR STATE GOVERNMENT TO MAKE GENERAL RULES (1) The197[State Government] may make rules to carry out the purposes of this Act not otherwise specially provided for (2) Any rule made under this section may contain a provision that any person committing a breach of it shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both. SECTION 68: POWER FOR STATE GOVERNMENT TO MODIFY APPLICATION OF ACT TO CERTAIN INLAND 202[mechanically propelled vessels].- The198[State Government] may,199[* * * * *] by notification in the200[Official Gazette], declare that all or any of the provisions of201[Chapters II, IIA and III] shall not apply in the case of any specified class of202[mechanically propelled vessels], or shall apply to them with such modifications as may be specified in the notification. SECTION 69: EXEMPTION TO GOVERNMENT VESSELS FROM FEES The State Government may, by notification in the Official Gazette, exempt all or any mechanically propelled vessel belonging to or in the service of Government from payment of any fees payable by or under this Act.] SECTION 70: POWER FOR CENTRAL GOVERNMENT TO DEFINE TIDAL WATER The204[Central Government] may, by notification in the205[Official Gazette], define how much of any tidal water shall be deemed to be an inland water for the purposes of this Act :206[* * * * * * * * * * *] SECTION 71: FEES RECOVERABLE AS FINES All fees payable under this Act may be recovered as fines under this Act. SECTION 72: CERTIFICATED MASTERS OF INLAND 207[mechanically propelled vessels] to be deemed pilots under section 31 of Act 15 of 1908-
(1) Subject to the provisions ofsection 31-, every master of an inland [mechanically propelled vessel] Who possesses a master's certificate granted under extended, be deemed, for the purposes of that section, to be the pilot of the207[mechanically propelled vessel] of which he is in charge. SECTION 72A: ENDORSEMENT OF CERTIFICATES AND LICENCES GRANTED IN PAKISTAN Any certificate or licence granted by the Government210[of Bangladesh] in accordance with the provisions of any law for the time being in force in211[that country] corresponding to the provisions ofChapter II-orChapter III-of this Act may, on payment of the fees prescribed for the grant of a similar certificate or licence under this Act, be endorsed by-
(a) the Government of any State in India, or (b) with the general or special sanction of the Government of such State, by any authority competent to grant a similar certificate or licence under this Act. and upon any such certificate or licence being so endorsed, it shall have effect as if it had been granted under this Act]. SECTION 73: OMITTED * * * * * * *]. SECTION 74: PUBLICATION OF RULES -
(1) The power to make rules conferred213[on the Central Government or a State Government] by this Act is subject to the condition of the rules being made after previous publication.
(2) All such rules shall, when made, be published in the214[Official Gazette], and shall thereupon have effect as if enacted in this Act. 215[(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for atotal period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule]. SECTION 75: REPEAL AND SAVINGS -
(1) If immediately before the day on which this Act comes into force in217[the territories which, immediately before the 1st November, 1956, were comprised in a Part B State], there is in force in218[those territories] any law which corresponds to this Act, such corresponding law shall, on that day, stand repealed.
(2) Notwithstanding such repeal, anything done or any action taken in the exercise of any powers conferred by such corresponding law shall be deemed to have been done or taken in the exercise of the powers conferred by this Act, and any penalty incurred or proceeding commenced under such corresponding law shall be deemed to be a penalty incurred or proceeding commenced under this Act, as if this Act were in force on the day on which such thing was done, action taken and penalty incurred, or proceeding commenced.] Footnotes: