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Indian Ports Act, 1908 Section 39

Title: Master to Report Arrival

State: Central

Year: 1908

(1) Within twenty-four hours after the arrival within the limits of any port subject to this Act of any vessel liable to the payment of port-dues under this Act, the master of the vessel shall report her arrival to the conservator of the port. (2) A master failing without lawful excuse to make such report within the time aforesaid shall for every such offence be punishable with fine which may extend to one hundred rupees. (3) Nothing in this section applies to tug-steamers, ferry-steamers or river steamers plying to and form any of the ports subject to this Act1[* * *]. ________________________ 1. The words "or to ballam boats plying to and from the port of Chittagong" were omitted by the A.C.A.O., 1948 (23-3-1948).

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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 The Statute of 1854 has been repealed by the present Merchant Shipping Act, 1894 (57 and 58 Vict..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liable to pay a further item of expense in addition to the items mentioned in the corresponding Section (228) of the repealed Statute. The substitution of Section 207 of the existing Statute for the reference to the repealed Statute makes the scope of clause 43(b) of the Bill slightly wider than that of the corresponding provision of the existing Act.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 The Act has been withdrawn from certain ports mentioned in the first schedule, while certain new ports have been brought under its operation.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 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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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 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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Code of Civil Procedure, 1908 Rule 1 to 8B

Title: Suit by or Against the Government or Public Officers in their Official Capacity

State: Central

Year: 1908

.....or special order, appoint in this behalf, and shall be verified by any person whom the Government may so appoint and who is acquainted with the facts of the case. 2. Persons authorised to act for Government Persons being ex officio or otherwise authorised to act for the Government in respect of any judicial proceeding shall be deemed to be recognised agents by whom appearances, acts and applications under this Code may be made or done on behalf of the Government. 3. Plaints in suits by or against Government In suits by or 2 [against the Government], instead of inserting in the plaint the name and description and place of residence of the plaintiff or defendant, it shall be sufficient to insert 2 [the appropriate name as provided in section 79 3 [***]. 4[4. Agent for Government to receive process The Government pleader in any Court shall be the agent of the Government for the purpose of receiving processes against the Government issued by such Court.] 5. Fixing of day for appearance on behalf of Government The Court, in fixing the day for 1[the Government] to answer to the plaint, shall allow a reasonable time for the necessary communication with the.....

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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 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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Indian Ports Act, 1908 Section 43

Title: No Port-clearance to Be Granted Until Port Charges Are Paid

State: Central

Year: 1908

The officer of the1[Government] whose duty it is to grant a port-clearance for any vessel shall not grant such clearance-- (a) until her owner or master, or some other person, has paid or secured to the satisfaction of such officer the amount of all port-dues, fees and other charges, and of all fines, penalties and expenses to which the vessel or her owner or master is liable under this Act; (b) until all expenses, which by the Merchant Shipping act, 1894, Section 207, are to be borne by her owner, incurred since her arrival in the port from which he seeks clearance, have been paid. _______________________ 1. Substituted for the word "Crown" by A.L.O., 1950.

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Indian Ports Act, 1908 Complete Act

Title: Indian Ports Act, 1908

State: Central

Year: 1908

..... Section4 - Power to extend or withdraw the Act or certain portions thereof Section5 - Alteration of limits of ports Section6 - Power to make port-rules Chapter III Section7 - Appointment of conservator Section8 - Power of conservator to give and enforce directions for certain specified purposes Section9 - Power to cut warps and ropes Section10 - Removal of obstructions within limits of port Section11 - Recovery of expenses of removal Section12 - Removal of lawful obstructions Section13 - Fouling of Government moorings Section14 - Raising or removal of wreck impeding navigation within limits of port Section15 - Power to board vessels and enter buildings Section16 - Power to require crews to prevent or extinguish fire Section17 - Appointment and powers of health-officer Section18 - Indemnity of Government against act or default of post official or pilot Chapter IV Section19 - Injuring buoys, beacons and moorings Section20 - Willfully loosening vessel from moorings Section21 - Improperly discharging ballast Section22 - Graving vessel within prohibited limits Section23 - Boiling pitch on board vessel within prohibited limits Section24 - Drawing spirits by.....

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