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Obstructions in Fairways Act, 1881 Complete Act

State: Central

Year: 1881

.....previous to the passing of this Act, such removal, destruction, regulation or prohibition shall be deemed to have been effected under this Act. SECTION 12: SAVING OF OTHER POWERS POSSESSED BY CENTRAL GOVERNMENT Nothing herein contained shall be deemed to prevent the exercise by 20 [the Central Government] of any other powers possessed by it in this behalf. SECTION 13: APPLICATION TO FAIRWAYS IN INLAND WATERWAYS All references in this Act to the Central Government shall, in relation to fairways in inland waterways, be construed as references to the 22 [State Government]]. Footnotes: 2. The words 'and it shall come into force at once' were omitted by the Repealing and Amending Act. 1914(10 of 1914), S. 3 and Schedule II. 3. Substituted for the words 'belonging to Her Majesty or hired by Her Majesty or by the Secretary of State for India in Council', by A.O., 1937 (1-4-1937). 4. Substituted for the word 'Crown' by A.L.O.. 1950. 5. Substituted for the words 'a Part A State and a Part C State, 'by 2 A.L.O., 1956 (1-11-1956). 6. Substituted for the words 'the Local Government of the part of British India in which such port is situate' by A.O., 1937(1-4-1937). 7......

Obstructions in Fairways Act, 1881 Preamble 1

Title: Obstructions in Fairways Act, 1881

State: Central

Year: 1881

THE OBSTRUCTIONS IN FAIRWAYS ACT, 1881 [Act, No. 16 of 1881] [AS ON 1959] [15th March, 1881] PREAMBLE An Act to empower the Government to remove or destroy obstructions in fairways, and to prevent the creation of such obstructions. WHEREAS it is expedient to empower the Government to remove or destroy obstructions to navigation in fairways leading to ports in { Sub-section by the Adaptation of Laws (No.2) Order, 1956 for "a Part A State or a Part C State".} [the territories which, immediately before the 1st November, 1956, were comprised in Part A States and Part C States] and to prevent the creation of such obstructions: It is hereby enacted as follows:

Obstructions in Fairways Act, 1881 Section 2

Title: Central Government Empowered to Remove or Destroy Obstruction in Fairway

State: Central

Year: 1881

Whenever, in any fairway leading to any port in { Subs.by the Adaptation of Laws (No.2) Order, 1956 for "a Part A State or a Part C State".} [the territories which, immediately before the 1st November, 1956, were comprised in Part A States and Part C States], any vessel is sunk, to stranded or abandoned, or any fishing-stake, timber or other thing is placed or left, { Subs.by the A.O.1937 for " the L.G.of the part of British India in which such port is situate ".}[the Central Government] may, if in its opinion in such thing is, or is likely to become, an obstruction or danger to navigation, (a) cause such thing or any part thereof to be removed; or (b) if such thing is of such a description or so situate that, { Subs.by the A.O.1937 for " in the opinion of the L.G."} [in the opinion of the Central Government], it is not worth removing, cause the same or any part thereof to be destroyed.

Obstructions in Fairways Act, 1881 Section 8

Title: Power to Make Rules to Regulate and Prohibit the Placing of Obstructions in Fairways

State: Central

Year: 1881

.....under this Act shall be laid, as soon as may be after it is made, before each 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 Houses agree in making any modification in the rule 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." ________________________ 1. Substituted vide The Delegated Legislation Provisions (Amendment) Act, 2004. 2. Inserted vide The Delegated Legislation Provisions (Amendment) Act, 2004.