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Indian Ports Act, 1908 Chapter V

Title: Port-dues, Fees and Other Charges

State: Central

Year: 1908

.....the 1 [Government] prescribes, the receipts and expenditure of the port, and shall publish annually as soon after the first day of April as may be practicable an abstract, in such form as 2 [the Government] prescribes, of the account for the past financial year; 3 [Provided that the port fund account for any port may, if so authorized under the provisions of any Act relating to such port, be merged with the general account of that port, and in such a case, the provisions of sub-section (6) shall not apply and the provisions of sub-sections (4) and (5) shall have effect as if for the words "the port fund account of the port" therein, the words "the general account of the port" had been substituted.] 4 [* * * * *] (4) All money received under this Act at or on account of any port subject to this Act, excluding receipts on account of pilotage but including-- 5 [(a) fines other than those creditable to the pilotage account of the port under sub-section (5a)], (b) proceeds of waifs, and (c) any balance of the proceeds of a sale under section 14 where no right to the balance has been established on a claim made within three years from the date of the sale, shall be.....

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Indian Ports Act, 1908 Section 36

Title: Receipt, Expenditure and Account of Port-charges

State: Central

Year: 1908

.....[or of a pilotage account], any such balance may be temporarily invested in such manner as the 1 [Government] may direct. ___________________________ 1. Substituted for the words 'Local Government', by A.O., 1937 (1-4-1937). 2. Substituted for the words 'that Government' by A.O., 1937 (1-4-1937). 3. Inserted by the Port Trusts and Ports (Amendment) Act, 1951 (35 of 1951), section 191 (16-7-1951). 4. Sub-section (3) was omitted by the Indian Ports (Amendment) Act, 1916 (6 of 1916), section 9. 5. Substituted for the original clause (a), by Act 35 of 1951, section 191, section 191 (16-7-1951). 6. Inserted by Indian Ports (Amendment) Act (23 of 1992), S. 6 (12-8-1992).

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Indian Ports Act, 1908 Section 42

Title: Distraint and Sale on Refusal to Pay Port-charges

State: Central

Year: 1908

.....port-dues, fees or other charges, may sell the vessel or other thing only with the prior permission of such court or other authority and satisfy the port-dues, fees or other charges and the costs including costs of sale remaining unpaid, and disburse the surplus,if any, in accordance with the orders or directions of such court or other authority: Provided further that the person to whom the vessel or other thing is sold under this section, shall be deemed to be the owner thereof and registered as such under the Merchant Shipping Act. 1958.] ___________________________ 1. Inserted by Indian Ports (Amendment) Act (23 of 1992), Section 7 (12-8-1992).

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Indian Ports Act, 1908 Section 44

Title: Port-charges Payable in One Port Recoverable at Any Other Port

State: Central

Year: 1908

.....the requisition is directed shall proceed to levy such sum in the manner prescribed in section 42, and a certificate purporting to be made by the authority appointed to receive port-dues, fees and other charges at the port where such sum as is mentioned in the last foregoing section became payable, stating the amount payable, shall be sufficient prima facie proof of such amount in any proceeding under section 42 and also (in case the amount payable is disputed) in any subsequent proceeding under section 59. ___________________________ 1. Substituted for the words "the States" by the Part B States (Laws) Act, 1951 (3 of 1951), Section 3 and Schedule (1-4-1951).

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Indian Ports Act, 1908 Section 38

Title: Receipts for Port-charges

State: Central

Year: 1908

The person to whom any dues, fees or other charges authorized to be taken by or under this Act are paid shall grant to the person paying the same a proper voucher in writing under his hand, describing the name of his office, the port or place at which the dues, fees or other charges are paid, and the name, tonnage and other proper description of the vessel in respect of which the payment is made.

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Indian Ports Act, 1908 Section 43

Title: No Port-clearance to Be Granted Until Port Charges Are Paid

State: Central

Year: 1908

The officer of the1[Government] whose duty it is to grant a port-clearance for any vessel shall not grant such clearance-- (a) until her owner or master, or some other person, has paid or secured to the satisfaction of such officer the amount of all port-dues, fees and other charges, and of all fines, penalties and expenses to which the vessel or her owner or master is liable under this Act; (b) until all expenses, which by the Merchant Shipping act, 1894, Section 207, are to be borne by her owner, incurred since her arrival in the port from which he seeks clearance, have been paid. _______________________ 1. Substituted for the word "Crown" by A.L.O., 1950.

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The Madras Estates Land Act, 1908 Complete Act

State: Kerala

Year: 1908

THE MADRAS ESTATES LAND ACT, 1908 THE MADRAS ESTATES LAND ACT, 1908 [Act No. 1 of 1908] PREAMBLE An Act to declare and amend the law relating to the holding of land in estates in the Presidency of Madras. WHEREAS it is expedient to amend and declare the Law relating to the holding of land in estates in the Presidency of Madras; It is hereby enacted as follows:- Chapter I - PRELIMINARY THE MADRAS ESTATES LAND ACT, 1908 [Act No. 1 of 1908] PREAMBLE An Act to declare and amend the law relating to the holding of land in estates in the Presidency of Madras. WHEREAS it is expedient to amend and declare the Law relating to the holding of land in estates in the Presidency of Madras; It is hereby enacted as follows:- Section 1 - Short title, Commencement, Local extent This Act may be called the Madras Estates Land Act, 1908: It shall come into force on the first day of July 1908: and it shall extend to the whole of the Presidency of Madras except the Presidency Town, the district of Malabar and the portion of the Nilgiri district known as the South East Wynaad. Section 2 - Repeal Madras Acts VIII of 1865 and II of 1871 and section 7 of Madras Act.....

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Code of Civil Procedure 1908 Complete Act

State: Central

Year: 1908

.....in the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970). Explanation II : For the purposes of this section, a transaction is a commercial transaction, if it is connected with the industry, trade or business of the party incurring the liability.] (2) Where such a decree is silent with respect to the payment of further interest on such principal sum] from the date of the decree to the date of payment or other earlier date, the court shall be deemed to have refused such interest, and a separate suit therefor shall not lie. SECTION 35: COSTS (1) Subject to such conditions and limitations as may be prescribed, and to the provisions of any law for the time being in force, the costs of and incident to all suits shall be in the discretion of the court, and the court shall have full power to determine by whom or out of what property and to what extent such costs are to be paid, and to give all necessary directions for the purposes aforesaid. The fact that the court has no jurisdiction to try the suit shall be no bar to the exercise of such powers. (2) Where the court directs that any costs shall not follow the event, the court shall state its reasons in.....

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Code of Civil Procedure, 1908 Appendix E

Title: Execution

State: Central

Year: 1908

.....order be sent to ..... with a copy of the decree and of any order which may have been made for execution of the same and a certificate of non-satisfaction. Dated the .................. day of ................... 19......../20.... . Judge No. 4 certificate of non-satisfaction of decree (Title) Certified that no* satisfaction of the decree of this Court in suit No. ..... of 19..../20...., a copy which is hereunto attached, has been obtained by execution within the jurisdiction of this Court. Dated the ................. day of ..................... 19........./20.... . Judge No. 5 certificate of the execution of decree transferred to another court (0.21.1.6.) (Title) No. of Suit and the Court by which the decree was passed Names if parties Date of application for excution Number of the execution case Process issued and dates of service thereof Costs of execution Amount realized How the case disposed of Remarks 1 2 3 4 5 6 7 8 9 .....

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Ports Act, 1908 Complete Act

State: Central

Year: 1908

.....been preserved. The only clause which in any way alters the law at at present in force in clause 43(b). That clause corresponds to S. 43(b) of the Act, which enacts that the owner or master of a vessel must pay all expenses, required by S.228 of the Merchant Shipping Act, 1854 to be borne by him, before the grant of a port-clearance. The Statute of 1854 has been repealed by the present Merchant Shipping Act, 1894 (57 and 58 Vict.. Cap. 60). Section 207 of which makes the owner or master liable to pay a further item of expense in addition to the items mentioned in the corresponding Section (228) of the repealed Statute. The substitution of Section 207 of the existing Statute for the reference to the repealed Statute makes the scope of clause 43(b) of the Bill slightly wider than that of the corresponding provision of the existing Act. This is, however, in accordance with the spirit of the existing enactment. The Act has been withdrawn from certain ports mentioned in the first schedule, while certain new ports have been brought under its operation. The schedule has been amended accordingly........"- Gaz. of Ind.. 1908, Part V. page 309.An Act to condolidate the enactments.....

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