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Bombay Landing and Wharfage Fees Act, 1882, (Maharashtra) Preamble

Title: the Bombay Landing and Wharfage Fees Act, 1882

State: Maharashtra

Year: 1882

.....until superseded by anything done or any action taken under this Act. _________________ 1. This Act was extended to any ports in the rest of the State of Bombay to which Government may, from time to time, by notification in the Official Gazette, extend that Act (vide Bom. 55 of 1959, section 2). 2. For Statement of Objects and Reasons, see Bombay Government Gazette, 1881, Pt. V, p. 41; and for proceedings in Council, see ibid., p. 47. 3. The word Public was deleted by Bom. 55 of 1959, section 4(a). 4. These words were substituted for the words Bombay Presidency , ibid., section 4(a). * See section 117 of the Maharashtra Maritime Board Act, 1996 (Mah. Act No. 15 of 1997).

Bombay Landing and Wharfage Fees Act, 1882, (Maharashtra) Section 11

Title: Receipt, Expenditure and Account of Landing and Wharfage Fees

State: Maharashtra

Year: 1882

1[Deleted by Bom. 55 of 1959, s. 4(f). _________________ 1 The balance standing at the foot of each landing and wharfage fees fund account under section 11 immediately before the commencement of Bom. 55 of 1959, shall be credited to the Consolidated Fund of the State [vide Bom. 55 of 1959, section 4(j)].

The Bombay Landing and Wharfage Fees and Indian Ports (Amendment) Act, 1972 Complete Act

State: Maharashtra

Year: 1972

.....major ports, be subject to the control of any intermediate authority which the State Government may appoint. The intermediate authority shall in exercising control as aforesaid be subject to the superintendence, direction and control of the State Government". (2) It extends to all the Partially Excluded Areas in [State] of Bombay. SECTION 02: AMENDMENT OF SECTION 7 OF ACT VI OF 1898 In section 7 of the Indian Post Office Act, 1898, hereinafter called the said Act, (a) the proviso to sub-section (1) shall be deleted; and (b) for sub-section (2) the following sub-section shall be substituted namely - "(2) Unless and until such notification as aforesaid is issued, the rates chargeable for the time being in the rest of [India except Part B States] shall be the rates chargeable in the Partially Excluded Areas in the 1[State] of Bombay." SECTION 03: REPEAL OF THE FIRST SCHEDULE TO ACT VI OF 1898 The first schedule to the said act shall be repealed. Maharashtra State Acts

Bombay Landing and Wharfage Fees Act, 1882, (Maharashtra) Section 3

Title: Repeal and Savings

State: Maharashtra

Year: 1882

.....notifications, issued, limits defined or fixed, remissions or exemptions granted, rules, by-laws, regulations, delegation and appointment made, powers conferred and duties imposed, in so far as they are not inconsistent with the provisions of this Act, and the scales of tolls, dues, fees, rents, rates and charges framed) under the laws so repealed shall continue in force until altered, amended or superseded by anything done or any action taken under this Act.] _________________ 1. This marginal note was substituted for the original by Bom. 55 of 1959, section 4(c). 2. Section 3 was re-numbered as sub-section (1) of that section and sub-section (2) was inserted, ibid., section 4(c).

Bombay Landing and Wharfage Fees Act, 1882, (Maharashtra) Section 1

Title: Short Title

State: Maharashtra

Year: 1882

This Act shall be called the Bombay Landing and Wharfage Fees Act, 1882. NOTIFICATIONS G. N., B. & C. D., No. MPT. 2563-N, dated 29th March, 1963 (M. G., Pt. IV-B, p. 447) In exercise of the powers conferred by sub-section (2) of section 1 of the Bombay Landing and Wharfage Fees (Unification and Amendment) Act, 1959 (Bom. LV of 1959), the Government of Maharashtra hereby appoints 1st April, 1963 to be the date on which the said Act shall come into force. G. N. B. & C. D., No. EPT. 1072/57780-N, dated 27th March, 1973 (M. G., Pt. IV-B, p. 497) In exercise of the powers conferred by sub-section (2) of section 1 of the Bombay Landing and Wharfage Fees and Indian Ports (Amendment) Act, 1972 (Mah. VIII of 1973), the Government of Maharashtra hereby appoints the 1st day of April, 1973 to be the date on which the said Act shall come into force.

Bombay Landing and Wharfage Fees Act, 1882, (Maharashtra) Section 2

Title: Local Extent

State: Maharashtra

Year: 1882

.....Bombay Landing and Wharfage Fees Act, 1882, as applied to the Kutch area were in force immediately before such commencement.] _________________ 1. Section 2 was renumbered as sub-section (1) of that section and sub-section (2), was inserted by Bom. 55 of 1959, section 4(b). 2. These words were substituted for the words It shall extend- (a) to the Ports of Karachi and Aden; (b) to any other ports" by Schedule II of the Amending Act, 1895 (16 of 1895). 3. These words were substituted for the words pre-Re-organisation State of Bombay excluding the transferred territories by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 4. The word Government was substituted for the words the Governor in Council by the Adaptation of Indian Laws Order in Council. 5. The words Official Gazette were substituted for the words Bombay Government Gazette and other local Official Gazette", ibid. 6. This proviso was inserted by Bom. 55 of 1959, section 4(b). 7. These words were substituted for the words State of Bombay by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.

Bombay Landing and Wharfage Fees Act, 1882, (Maharashtra) Section 5A

Title: Power of State Government to Levy Fee at Higher Rate in Relation to Minor Ports

State: Maharashtra

Year: 1882

1[Notwithstanding anything contained in section 5, after the commencement of the 2[Bombay Landing and Wharfage Fees (Amendment) Act, 1997, it shall by lawful for the State Government by notification in the Official Gazette to levy a fee on any passenger on each occasion of embarking or disembarking at a landing-place in any port (not being a major port) at a rate not exceeding 3[rupees fifty].] _________________ 1 Section 5A was inserted by Mah. 24 of 1963, section 2. 2 These words, brackets and figures were substituted for the words, brackets and figures "Bombay Landing and Wharfage Fees (Amendment) Act, 1963" by Mah. XLIII of 1997, section 2(a). 3 These words were substituted for the words "twenty-five naye paise", ibid., section 2(b).

Bombay Landing and Wharfage Fees Act, 1882, (Maharashtra) Section 4

Title: Government Landing Place and Passengers Defined

State: Maharashtra

Year: 1882

In this Act 1[the term Government in relation to a major port means the Central Government, and save as aforesaid means the 2[State] Government; the 3[term landing-place includes bandar, wharf, pier, jetty, hard and any place used for the landing, shipping, or storage of goods, or for the embarking or disembarking of passengers; 4[* * *] 5[and the term passengers means any person of three years of age or upwards, carried in a vessel, other than the master and crew and the owner, his family and servants.] _________________ 1. The words the term Government in relation to a major port means the Central Government, and save as aforesaid means the Provincial Government were inserted by the Adaptation of Indian Laws Order in Council. 2. This word was substituted for the word Provincial by the Adaptation of Laws Order, 1950. 3. The definition of the term landing-place was substituted by section 2(a) of the Bombay Landing and Wharfage Fees (Amendment) Act, 1916 (Bom. 5 of 1916). 4. The definition of the term Commissioner was repealed, ibid, section 2(b). 5. This definition was added, ibid, section 2(c).

Bombay Landing and Wharfage Fees Act, 1882, (Maharashtra) Section 5

Title: Government to Fix Limits of Bandars, Etc. and the Fees to Be Levied

State: Maharashtra

Year: 1882

.....not exceed one anna.] _________________ 1. The word Government was substituted for the words the Governor in Council by the Adaptation of Indian Laws order in Council. 2. The words Official Gazette were substituted for the words Bombay Government Gazette and other local Official Gazette:, ibid. 3. These words and figures were substituted for the words and figures Indian Ports Act, 1875 by Bom. 55 of 1959, section 4(d). 4. The word Public was deleted, ibid., section 4(d). 5 Clause (e) was substituted by section 3(1) of the Bombay Landing and Wharfage Fees (Amendment) Act, 1916 (Bom. 5 of 1916). 6 This portion was substituted for the words any such landing place" by Bom. 55 of 1959, section 4(d). 7. This and the succeeding proviso were substituted for the original proviso by Bom. 5 of 1916, section 3(2). 8. The word Government was substituted for the words the Governor in Council by the Adaptation of Indian Laws Order in Council.

Bombay Landing and Wharfage Fees Act, 1882, (Maharashtra) Section 6

Title: Power and Duties Under This Act by Whom to Be Exercised and Performed

State: Maharashtra

Year: 1882

The levy of fees under this Act shall be made and all other powers and duties conferred and imposed by this Act or by any bye-laws made hereunder, shall be exercised and performed by such officers as 3[Government] shall from time to time direct, or by such person as 1[it] shall from time to time direct in this behalf. 2[The officers and persons (including the Chief Ports Officer, Maharashtra State) empowered as aforesaid shall, in respect of ports other than major ports, be subject to the control of any intermediate authority which the State Government may appoint. The intermediate authority shall in exercising control as aforesaid be subject to the superintendence, direction and control of the State Government.] _________________ 1. The word it was substituted for the word he by Bom. 5 of 1916, section 3(2). 2. This portion was added by Mah. 8 of 1973, section 2. 3. This paragraph was inserted by section 4 of the Bombay Landing and Wharfage Fees (Amendment) Act, 1916 (Bom. 5 of 1916).