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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 The Statute of 1854 has been repealed by the present Merchant Shipping Act, 1894 (57 and 58 Vict..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liable to pay a further item of expense in addition to the items mentioned in the corresponding Section (228) of the repealed Statute. The substitution of Section 207 of the existing Statute for the reference to the repealed Statute makes the scope of clause 43(b) of the Bill slightly wider than that of the corresponding provision of the existing Act.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 The Act has been withdrawn from certain ports mentioned in the first schedule, while certain new ports have been brought under its operation.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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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 34

Title: Variation of Port-dues by Government

State: Central

Year: 1908

.....(a) in case of ports other than major ports, the authority appointed under section 36; (b) in case of major ports, the Authority constituted under section 47A of the Major Port Trusts Act, 1963, 38 of 1963. exempt, subject to such conditions, if any, as it thinks fit to impose, any vessel or class of vessels entering a port subject to this Act from payment of port-dues and cancel the exemption, or may vary the rates at which port-dues are to be fixed in the port, in such manner as, having regard to the receipts and charges on account of the port it thinks expedient, by reducing or raising the dues, or any of them or may extend the period for which any vessel or class of vessels entering a port shall be exempt from liability to pay port-dues: Provided that the rates shall not in any case exceed the amount authorized to be taken by or under this Act.".] ___________________________ 1. Substituted by the Port Laws (Amdt) Act, 1997. Prior to substitution it reads as under "34. Variation of port-dues by Government - The Government may, after consulting the authority appointed under section 36], exempt, [subject to such conditions, if any, as it thinks fit to impose, any.....

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Indian Ports Act, 1908 Section 6

Title: Power to Make Port-rules

State: Central

Year: 1908

.....shall be construed to affect the validity of any rule in force immediately before the commencement of the Indian Ports Act, 1889, and continued by Section 2, Sub-section (2), of that Act. 12 [(2A) Every rule made by the State Government under this Act shall be laid as soon as may be after it is made, before the State Legislature. (2B) Every rule made by the Central Government under this Act shall be laid as House of Parliament, while it is in session, for a total 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 the House agree any modification in the order 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.] (3) If any person disobeys any rule made under Clause (p) of Sub-section (1), he shall be punishable for every such offence with fine which may extend to one.....

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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.....

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Indian Ports Act, 1908 Section 33

Title: Levy of Port-dues

State: Central

Year: 1908

.....All port-dues now leviable in any port shall continue to be so leviable until it is otherwise declared in exercise of the powers conferred by this section. 10[(5)] An order increasing or imposing port-dues under this section shall not take effect till the expiration of12[thirty days] from the day on which the order was published in the3[Official Gazette]. ___________________________ 1. Inserted by the Indian Ports (Amendment) Act, 1916 (6 of 1916), S. 6(i). 2. Inserted by the Port Laws (Am endment ) Act, 1997 w.e.f. 09-01-1997. 3. Substituted for the words 'Local Government' and for the words 'Gazette of India', by A.O., 1937 (1-4-1937). 4. Inserted by the Indian Ports (Amendment) Act, 1916 (6 of 1916), S. 6(ii). 5. The words 'within its own province' were successively substituted to read as above by A.O., 1937 (1-4-1937) and A.L.O., 1950 (26-1-1950). 6. Substituted for the words 'any Province' by A.L.O., 1950 (26-1-1950). 7. The Proviso was omitted by A.O., 1937 (1-4-1937). 8. The original sub-section (2), (3) and (4) were renumbered as sub-sections (3), (4) and (5), respectively by the Indian Ports (Amendment) Act, 1916 (6 of 1916), S. 6(iv). 9. The.....

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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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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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Registration Act, 1908 Part V

Title: Of the Place of Registration

State: Central

Year: 1908

.....relating to land.--Save as in this part otherwise provided every document mentioned in clauses (a), (b), (c), (d) and (e) of sub-section (1) and sub-section (2) of section 17 insofar as such documents affect immovable property and in clauses (a), (b), (c) and (cc) of section 18 shall be presented for registration in the office of the Sub-Registrar within whose sub-district or district the whole of the property to which such document relates is situated in the State of Bihar." 5 Gujarat: Amendment is the same as that of Maharashtra. 6 [7 [Maharashtra: (i) In section 28 for the letters, brackets and word "(b) and (c)" substitute the brackets, letters and word "(b), (c), (cc) and (ee)". (ii) For brackets, letters, word and figure "(ee) and (eee)", brackets, letters and words "and (ee)" shall be substituted. 8 Pondicherry: Section 28 shall be substituted as under: "28. Place for registering documents relating to land.--Save as in this Part otherwise provided,-- (a) every document mentioned in clauses (a), (b), (c), (d) and (e) of sub-section (1) and sub-section (2) of section 17, in so far as such document affects immovable property and in clauses (a), (b), (c) and.....

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Registration Act, 1908 Section 28

Title: Place for Registering Documents Relating to Land

State: Central

Year: 1908

.....relating to land.--Save as in this part otherwise provided every document mentioned in clauses (a), (b), (c), (d) and (e) of sub-section (1) and sub-section (2) of section 17 insofar as such documents affect immovable property and in clauses (a), (b), (c) and (cc) of section 18 shall be presented for registration in the office of the Sub-Registrar within whose sub-district or district the whole of the property to which such document relates is situated in the State of Bihar." 5 Gujarat: Amendment is the same as that of Maharashtra. 6 [7 [Maharashtra: (i) In section 28 for the letters, brackets and word "(b) and (c)" substitute the brackets, letters and word "(b), (c), (cc) and (ee)". (ii) For brackets, letters, word and figure "(ee) and (eee)", brackets, letters and words "and (ee)" shall be substituted. 8 Pondicherry: Section 28 shall be substituted as under: "28. Place for registering documents relating to land.--Save as in this Part otherwise provided,-- (a) every document mentioned in clauses (a), (b), (c), (d) and (e) of sub-section (1) and sub-section (2) of section 17, in so far as such document affects immovable property and in clauses (a), (b), (c) and.....

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