Section Text
a) [a] For the extention of this section to the entire Port of Cochin, see S. R. 0. 57. dated S-1 -1952 published in Gaz. of Ind., 1952, Pt. II, Sec. 3, p. 87. See for further information in this regard footnotes [c], [d] and [e] to section 4 supra. For the extension of this section to Port of.Malwan - See Maha. Govt. Gaz.,. 29-11-1973. Pt. IV-A. p. 941.(1) No vessel of the measurement of two hundred tons or upwards shall enter, leave or be moved in any port to which this section has been specially extended without having a pilot, harbour-master or assistant of the port-officer or harbour-master on board; 3 (b) [b] Substituted for "and no vessel of any measurement less than two hundred tons and exceeding one hundred tons" by the Indian Ports (Amendment) Act, 1952 (55 of 1952). S. 3 (9-8-1952). [and no mechanically propelled vessel of any measurement less than two hundred tons and no other vessel of any measurement less than two hundred tons and exceeding one hundred tons] shall enter, leave or be moved in any such port without having a pilot, harbour-master or assistant of the port-officer or harbour-master on board, unless authority in writing so to do has been obtained from the conservator or some officer empowered by him to give such authority : 3 (c) [c] Inserted by the Indian Ports (Amendment) Act. 1925 (.16 of 1925). S. 2. [Provided that the 3 (d) [d] Subsiituted for the words 'Governor-General in Council' by A.O., 1937(1-4-1937). [Government] may. by notification in the 3 (e) [e] Substituted for the words 'Gazette of India' and 'Governor-General in Council' by A. 0.1937. [Official Gazette], direct that in any port-specified in such notification the provisions of this sub-section shall not apply to sailing vessels of any measurement not exceeding a measurement so specified.] 3 (f) [f] Inserted by the Indian Ports (Amendment) Act. 1916 (6 of 1916). section 5(i). [(2) Notwithstanding anything in sub-section ( 1 ),the owner or master of a vessel which is by that sub-section required to have a pilot, harbour master or assistant of the port-officer or harbour- master on board, shall be answerable for any loss or damage caused by the vessel or by any fault of the navigation of the vessel, in the same manner as he would have been if he had not been so required by that sub-section:
Provided that the provisions of this sub-section shall not take effect till the first day of January, 1918, or such earlier date as the 3 (e) [e] Substituted for the words 'Gazette of India' and 'Governor-General in Council' by A. 0.1937. [Central Government) may notify in that behalf in the 3 (e) [e] Substituted for the words 'Gazette of India' and 'Governor-General in Council' by A. 0.1937.[Official Gazette].] 3 (g) [g] The original sub-sections (2).
(3) and (4) were renumbered as sub-sections (3).
(4) and 1.5).by the Indian Ports (Amendment) Act. 1916 (6 of 1916). section 5(i). respectively, section 5(ii). [(3)] If any vessel, except in case of urgent necessity, enters, leaves or is moved in the port contrary to the provisions of sub-section ( 1 ). the master of the vessel shall for every such offence he punishable with fine which may extend to two hundred rupees, unless upon application to the proper officer the master was unable to procure a pilot. harbour-inaster or assistant of the port-officer or harbour-master to go on board the vessel. 3 (h) [h] Sub-sections (4) and (5) as renumbered by Act 6 of 1916, were omitted by Act 36 of 1925, section 2. [** *********]