Bare Act Search Results

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 The Statute of 1854 has been repealed by the present Merchant Shipping Act, 1894 (57 and 58 Vict..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liable to pay a further item of expense in addition to the items mentioned in the corresponding Section (228) of the repealed Statute. The substitution of Section 207 of the existing Statute for the reference to the repealed Statute makes the scope of clause 43(b) of the Bill slightly wider than that of the corresponding provision of the existing Act.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 The Act has been withdrawn from certain ports mentioned in the first schedule, while certain new ports have been brought under its operation.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.....

Indian Ports Act, 1908 Chapter I

Title: Preliminary

State: Central

Year: 1908

.....of navigable rivers or channels to which the1[Government], in exercise of the power hereinafter conferred, extends this Act. (3) But nothing in Section 31 or Section 32 shall apply to any port, river or channel to which the section has not been specially extended by the1[Government]. ___________________________ 1. Substituted for the words "Local Government" by A.O., 1937 (1-4-1937). Section 2 - Savings Nothing in this Act shall-- (i) apply to any vessel belonging to, or in the service of1[the Central Government or a State Government]2[***], or to any vessel of war belonging to any Foreign Prince or State, or (ii) deprive any person of any right of property or other private right, except as hereinafter expressly provided, or (iii) affect any law or rule relating to the customs or any order or direction lawfully made or given pursuant thereto. ___________________________ 1. Substituted for "His Majesty" by A.L.O., 1950 (26-1-1950). 2. The words "or the Government of India" were omitted by A.O., 1937 (1-4-1937). Section 3 - Definitions In this Act, unless there is.....

Indian Ports Act, 1908 Section 3

Title: Definitions

State: Central

Year: 1908

.....the time being in force; (5) "port-officer" is synonymous with master-attendant; 3[(6) "ton" means a ton as determined or determinable by the rules made under Section 74 of the Merchant Shipping Act, 1958, for regulating the measurement of the gross tonnage of ships.] (7) "vessel" includes anything made for the conveyance5[mainly] by water human beings or of property; 6[(8) "major port" means any port which the Central Government may be notification in the Official Gazette declare, or may under any law for the time being in force have declared, to be a major port;]7[and] 8[(9) "Government" as respects major ports, for all purposes and, as respects other ports, for the purpose of making rules under Clause (p) of Section 6(1) and of the appointment and control of port health-officers under Section 17, means the Central Government, and save as aforesaid, means the State Government]. 9[(10) *****] ___________________________ 1. Substituted for the Port Laws (Amendment) Act, 1997 w.e.f. 09-01-1997. 2. Inserted by the Port Trusts and Ports (Amendment) Act, 1951 (35 of 1951), Section 188 (16-7-1951). 3. Substituted for the words "Local Government" by A.O., 1937.....

Indian Ports Act, 1908 Schedule I

Title: First Schedule

State: Central

Year: 1908

..... 24.Substituted by G.S.R. 590B,D/5-10-1982, Pt. II-S. 3(i) Ext. P.2. 25.Substituted for the originalclause by the Madras Indian Ports (Amdt.) Act, 1925 (Mad. 1 of 1926), Section. 26.Inserted by Notification of theGovt. of India in the Commerce Department, No. 19-P (27)/37 dated 7th August,1937.' 27.Inserted by the G.S.R. 448(e),D/20-8-1975 28.Inserted by the G.S.R. 450 (E),D/- 20-8-1975 29.Substituted for "any portin the island of Ceylon or any part of India" by Notification No. 19-P,(44)/45-I, dated 8th February, 1946, 30.Thewords "and Burma, between the westernmost part of Sind and t hesouthernmost part of Burma" omitted by Notification No. 19-P, (20)/414,dated 4th August, 1941 31.Substitutedfor "Tug-steamers, ferry-steamers and river-steamers" by Notifn. No.459, D// 27-3-1923 issued by the Government of Bombay in the Marine Department. 32.Substitutedfor the words "four annas per ton" by the G.S.R. 752/- D/- 24-4-1970 33.Substituted for "LocalGovernment" by A.O. 1937 [1-4-1937]. Due how often chargeable in respect of same vessel 1 2 3 4 District .....

Indian Ports Act, 1908 Chapter IV

Title: Rules for the Safety of Shipping and the Conservation of Ports

State: Central

Year: 1908

.....or land-floods a [and no oil or water mixed with oil shall be discharged in or into any such port, to which any rules made under Clause (ce) of Sub-section (1) of Section 6 apply, otherwise than in accordance with such rules]. (2) Any person who by himself or another so casts or throws any ballast or rubbish or any such other thing1[or so discharges any oil or water mixed with oil], and the master of any vessel from which the same is so cast,2[thrown or discharge], shall be punishable with fine which may extend to3[five lakh rupees] and shall pay any reasonable expenses which may be incurred in removing the same. (3) If, after receiving notice from the Conservator of the Port to desist from so casting or throwing any ballast or rubbish or such other thing1[or from so discharging any oil or water mixed with oil, any master continues so to cast4[throw or discharge the same], he shall also be liable to simple imprisonment for a term which may extend to5[one year and to fine which may extend to five lakh rupees]. (4) Nothing in this section applies to any case in which the ballast or rubbish or such other thing is cast or thrown into,1[or the oil or water mixed with oil is.....

Indian Ports Act, 1908 Section 31

Title: Moving of Vessels Without Pilot or Permission of Harbour-master

State: Central

Year: 1908

.....hundred tons" by the Indian Ports (Amendment) Act, 1952 (55 of 1952), S. 3 (9-8-1952). 2. Inserted by the Indian Ports (Amendment) Act, 1925 (36 of 1925), S.2. 3. Substituted for the words 'Governor-General in Council' by A.O., 1937 (1-4-1937). 4. Substituted for the words 'Gazette of India' and Governor-General in Council' by A.O., 1937. 5. Inserted by the Indian Ports (Amendment) Act, 1916 (6 of 1916), section 5(i). 6. The original sub-section (2), (3) and (4) were renumbered as sub-section (3), (4) and (5) respectively, ibid, section 5(ii). 7. Sub-sections (4) and (5) as renumbered by Act 6 of 1916, were omitted by Act 36 of 1925, section 2.

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.....

Code of Civil Procedure, 1908 Appendix A

Title: Pleadings

State: Central

Year: 1908

.....the matters in respect of which particulars have been ordered) deliveredpursuant to the order of ..... the .....of ..... (Hereset out the particulars ordered in paragraphs, if necessary.) ___________________ 1. Substituted by A.O. 1950, for "The Secretary of State or the Federation of India or the Province of............, as the case maybe." 2. Substituted by Act 104 of 1976, section 93, for paragraph 2 (w.e.f. 1-2-1977). 3. Not applicable where suit is instituted by the Advocate-General. 4. Substituted by Act 104 of 1976 section 93, for "a decree for the balance" (w.e.f. 1-2-1977). 5. Added by Act 104 of 1976, section 93 (w.e.f. 1-2-1977). 6. See now the Limitation Act, 1963 (36 of 1963). 7. See now the Indian Succession Act, 1925 (39 of 1925).

Indian Ports Act, 1908 Section 49

Title: Power to Impose Hospital Port-dues

State: Central

Year: 1908

.....or relief of seamen requiring medical aid, such further port-dues not exceeding one anna per ton as the a [Central Government] thinks fit. (2) Such port-dues shall be called hospital port-dues, and the a [Central Government] shall, in making any order under sub-section (1), have regard to any contributions made under section 36, sub-section (5), clause (d). (3) An order imposing or increasing hospital port-dues shall not take effect till the expiration of sixty days from the day on which the order was published in the Official Gazette. (4) Whenever the a [Central Government] is satisfied that proper provision has been made by the owners or agents of any class of vessel for giving medical aid to the seamen employed on board such class of vessels, or that such provision is unnecessary in the case of any class of vessels, it may, by notification in the Official Gazette exempt such class of vessel from any payment under this section. ___________________________ 1. Substituted for the words "Local Government" by A.O., 1937 [1-4-1937).

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.....