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 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......

Obstructions in Fairways Act, 1881 Section 10

Title: Compensation Payable in Certain Cases for Damage Caused Under This Act

State: Central

Year: 1881

Whenever the maintenance or creation of an obstruction in any fairway has become lawful by long usage or otherwise, and such obstruction is removed or destroyed under section 2, or its creation is regulated or prohibited under section 8, any person having a right to maintain or create such obstruction shall be entitled to receive from the { Subs.by the A.O.1937 for " Secretary of State for India in Council".} [Central Government] reasonable compensation for any damage caused to him by such removal, destruction, regulation or prohibition. Every dispute arising concerning the right to such compensation, or the amount thereof, shall be determined according to the law for the time being in force relating to like disputes in the case of land needed for public purposes { See the Land Acquisition Act, 1894 (1 of 1894).} and not otherwise; and for the purposes of such any the fairway from or in which such obstruction was removed or destroyed, or in which its creation was regulated or prohibited, shall be deemed to be a part of the presidency-town or district in which the port to which such fairway leads is situate.

Obstructions in Fairways Act, 1881 Section 11

Title: Certain Action of the Government Previous to Passing of This Act to Be Deemed to Have Been Taken Hereunder

State: Central

Year: 1881

Whenever any obstruction in a fairway leading to a 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] has been removed or destroyed, or whenever the creation of any such obstruction has been regulated or prohibited, by an order of the Central Government or a State Government, previous to the passing of this Act, such removal, destruction, regulation or prohibition shall be deemed to have been effected under this Act.

Obstructions in Fairways Act, 1881 Section 1

Title: Short Title

State: Central

Year: 1881

This Act may be called the Obstructions in Fairways Act, 1881;{ The words " and it shall come into force at once " rep.by Act 10 to 1914 section.3 and Sch.II.} But nothing herein contained shall apply to vessels a { Sub-section by the A.O.1937 for "belonging to Her Majesty or hired by Her Majesty or by the Secretary of State for India in Council".}[belonging to, or hired by a contract made on behalf of, the Government].

Obstructions in Fairways Act, 1881 Section 3

Title: Central Government Entitled to Expenses Incurred in Removing Obstruction

State: Central

Year: 1881

Whenever anything is removed under section 2, { Subs.by the A.O.1937 for " the Govt.".} [the Central Government] shall be entitled to receive a reasonable sum, having regard to all the circumstances of the case, for the expenses incurred in respect of such removal. Dispute concerning such expenses.- Any dispute arising concerning the amount due under this section, in respect of anything so removed, shall be decided by the District Magistrate or Presidency Magistrate having jurisdiction at the place where such thing is, upon application to him for that purpose by either of the disputing parties; and such decision shall be final.

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 9

Title: Penalty for Breach of Such Rules

State: Central

Year: 1881

Whoever is guilty of any act or omission in contravention of the rules made under section 8, may be tried for such offence in any district or presidency-town in which he is found, and shall be punished with imprisonment for a term, which may extend to six months, or with fine which may extend to five hundred rupees, or with both.