Bare Act Search Results

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 Complete Act

Title: Obstructions in Fairways Act, 1881

State: Central

Year: 1881

Preamble1 - OBSTRUCTIONS IN FAIRWAYS ACT, 1881 Section1 - Short title Section2 - Central Government empowered to remove or destroy obstruction in fairway Section3 - Central Government entitled to expenses incurred in removing obstruction Section4 - Notice of removal to be given by Central Government Section5 - Things removed may in certain cases, be sold Section6 - Proceeds how applied Section7 - Vessel to include tackle, cargo, etc Section8 - Power to make rules to regulate and prohibit the placing of obstructions in fairways Section9 - Penalty for breach of such rules Section10 - Compensation payable in certain cases for damage caused under this Act Section11 - Certain action of the Government previous to passing of this Act to be deemed to have been taken hereunder Section12 - Saving of other powers possessed by Central Government Section13 - Application to fairways in inland waterways

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.

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......

Indian Easements Act, 1882 Section 31

Title: Obstruction in Case of Excessive User

State: Central

Year: 1882

In the case of excessive user of an casement the servient owner may, without prejudice to any other remedies to which he may be entitled, obstruct the user, but only on the servient heritage: Provided that such user cannot be obstructed when the obstruction would interfere with the lawful enjoyment of the easement. Illustration A, having a right to the free passage over B's land of light to four windows, 6 "X 4", increases their size and number. It is impossible to obstruct the passage of light to the new windows without also obstructing the passage of light to the ancient windows. B cannot obstruct the excessive user.

Karnataka Municipal Corporations Act, 1976 Section 291

Title: Making Holes and Causing Obstruction

State: Karnataka

Year: 1976

(1) No person shall make a hole or cause any obstruction in any street unless he previously obtains the permission of the Commissioner and complies with such conditions as he may impose. (2) When such permission is granted, such person shall, at his own expense, cause such hole or obstruction to be sufficiently fenced and enclosed, until the hole or obstruction is filled up or removed and shall cause the hole or obstruction to be sufficiently lighted during the night. (3) If any obstruction is caused in any street by the fall of structures, trees, or fences, the owner or occupier of the premises concerned shall, within twelve hours of the occurrence of such fall or within such further period as the Commissioner may by written order allow, clear the street of such obstruction.

Manipur Municipalities Act, 1994 Section 117

Title: Procedure when Person Who Erected Obstruction Cannot Be Found

State: Central

Year: 1994

.....requisition contained in such notice within forty-eight hours of the posting of the same, the Sub-Divisional Magistrate may, on the application of the Nagar Panchayat or as the case may be, the Council, order that such obstruction or encroachment be removed, and thereupon the Nagar Panchayat or as the case may be, the Council may remove any such obstruction or encroachment, and may recover the cost of such removal, by sale of the materials so removed. (3) The surplus sale-proceeds, if any, shall be credited to the Municipal Fund, and may be paid on demand to any person who established his right to the satisfaction of the Nagar Panchayat or as the case may be, the Council or in any court of competent jurisdiction.

Karnataka Panchayat Raj Act, 1993 Section 72

Title: Obstructions and Encroachments Upon Public Streets and Open Sites

State: Karnataka

Year: 1993

.....of such removal shall be paid by the person who has caused the said obstruction or encroachment and shall be recoverable as if it were a tax imposed under section 199. (3) Whoever, not being duly authorised in that behalf, removes earth, sand other than sand used for domestic purposes by residents of the panchayat area or other materials from, or makes any encroachment in or upon any open site which is not private property shall, on conviction, be punished with fine which may extend to two hundred rupees, and,- (i) in the case of an encroachment, with further fine which may extend to two rupees for every day on which the encroachment continues after the date of first conviction; (ii) in the case of removal of earth, sand or other material, twice the value of such earth, sand or other material shall also be recoverable as a fine. (4) Nothing contained in this section shall prevent the Grama Panchayat from allowing any temporary occupation of or erection in any public street on occasions of festivals and ceremonies or the piling of fuel in by-streets and sites for not more than four days, and in such manner as not to inconvenience the public or any individual.

Railways Act, 1989 Section 14

Title: Temporary Entry Upon Land to Remove Obstruction, to Repair or to Prevent Accident

State: Central

Year: 1989

.....has occurred; or (b) there is apprehension of any slip or accident to any cutting, embankment or other work on a railway, it may enter upon any lands adjoining the railway and do all such works as may be necessary for the purpose of repairing or preventing such slip or accident and submit a report thereof to the Central Government in such manner and within such time as may be prescribed. (3) The Central Government may, after considering the report under sub section (1) or sub-section(2), in the interest of public safety, by order, direct the railway administration that further action under sub-section (1) or sub-section (2) shall be stopped or the same shall be subject to such conditions as may be specified in that order.