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 The Statute of 1854 has been repealed by the present Merchant Shipping Act, 1894 (57 and 58 Vict..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liable to pay a further item of expense in addition to the items mentioned in the corresponding Section (228) of the repealed Statute. The substitution of Section 207 of the existing Statute for the reference to the repealed Statute makes the scope of clause 43(b) of the Bill slightly wider than that of the corresponding provision of the existing Act.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 The Act has been withdrawn from certain ports mentioned in the first schedule, while certain new ports have been brought under its operation.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

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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.....

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Indian Ports Act, 1908 Section 1

Title: Title and Extent

State: Central

Year: 1908

(1) This Act may be called The Indian Ports Act, 1908. (2) It shall extend, save as otherwise appears from its subject or context,-- (a) to the ports mentioned in the First Schedule, and to such parts of the navigable rivers and channels leading to such ports respectively as have been declared t be subject to Act 22 of 1855 for the regulation of Ports and Port-dues) or to the Indian Ports Act, 1875, or to the Indian Ports Act, 1889; (b) to the other ports or parts 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).

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Indian Ports Act, 1908 Section 4

Title: Power to Extend or Withdraw the Act or Certain Portions Thereof

State: Central

Year: 1908

.....in force; (b) specially extend the provisions of Section 31 or Section 32 to any port to which they have not been so extended; (c) withdraw this Act or Section 31 or Section 32 from any port or any part thereof in which it is for the time being in force. (2) A notification under Clause (a) or Clause (b) of Sub-section (1) shall define the limits of the area to which it refers. (3) Limits defined under Sub-section (2) may include any piers, jetties, landing-places, wharves, quays, docks and other works made on behalf of the public for convenience of traffic, for safety of vessels, or for the improvement, maintenance or good government of the port and its approaches, whether within or without high-water mark, and, subject to any rights of private property therein, any portion of the shore or bank within fifty yard of high water-mark. (4) "In Sub-section (3) the expression "high-water-mark" means the highest point reached or by ordinary spring tides at any season of the year. ______________________ 1. The words "with the previous sanction of the Governor-General in Council" were omitted by the Indian Ports (Amendment) Act, 1916 (6 of 1916), Section 2. 2. Substituted.....

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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 Chapter VI

Title: Hoisting Signals

State: Central

Year: 1908

.....shall keep the signal flying until it is answered from the signal station. (2) If the master of a vessel arriving as aforesaid offends against sub-section (1), he shall be punishable for every such offence with fine which may extend to one thousand rupees. Section 52 - Pilot to require master to hoist number (1) Every pilot in charge of a vessel shall require the number of the vessel to be duly signalled as provided by the last foregoing section. (2) When, on such requisition from the pilot, the master rescues to hoist the number of a vessel or to adopt such other means of making her name known as may be practicable and usual, the pilot may, on arrival at the first place of safe anchorage, anchor the vessel and refuse to proceed on his course until the requisition has been complied with. Section 53 - Penalty on pilot disobeying provisions of this Chapter Any pilot in charge of a vessel who disobeys, or abets disobedience to, any of the provisions of this Chapter shall be punishable with fine which may extend to five hundred rupees for each instance of such disobedience or abetment, and, in addition, shall be liable to have his authority to act as a pilot withdrawn. .....

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Indian Ports Act, 1908 Section 51

Title: Master to Hoist Number of Vessel

State: Central

Year: 1908

(1) The master of every inward or outward bound vessel, on arriving within signal distance of any signal station established within the limits of the river Hooghly, or within the limits of any part of a river or channel leading to a port subject to this Act, shall, on the requisition of the pilot in charge of the vessel, signify the name, of the vessel by hoisting the number by which she is known, or by adopting such other means to this end as may be practicable and usual, and shall keep the signal flying until it is answered from the signal station. (2) If the master of a vessel arriving as aforesaid offends against sub-section (1), he shall be punishable for every such offence with fine which may extend to one thousand rupees.

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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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