BENGAL PORTS ACT, 1867

Act No. 3 of 1867

10th April, 1867

An Act to amend the law relating to ships lying in ports [in the States or parts of States corresponding to the Provinces which were on the tenth day of April, 1867] under the control of the Lieutenant-Governor of Bengal. Whereas it is expedient to amend the law relating to merchant-ships lying in ports [in the State or parts of States corresponding to the Provinces which were on the tenth day of April, 1867] under the control of the Lieutenant-Governor of Bengal; It is enacted as follows:-

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S.1 Interpretation

The following words and expressions for the purposes of this Act have the meanings hereby assigned to them unless where a contrary intention appears from the context, that is to say:-

• the words "appropriate Government" mean, in relation to a port which is a major port within the meaning of the Indian Ports Act, 1908, the Central Government, and in relation to any other port, the (State) Government;
• "Master."- the word "master" denotes any person having temporary or permanent command or charge of any vessel otherwise than in the capacity of pilot or harbour-master;
• "Owner."- the word "owner" includes any agent acting for and on behalf of the owner of a ship at the port at which such ship shall lie or be;
• "Port."- the word "port" denotes any port within the [States] aforesaid subject to the provisions of Act 22 of 1855 (for the regulation of ports and port-dues).
• "Magistrate."- the word "Magistrate" includes any officer exercising any
  

S.2 Penalty for not having sufficient crew on vessels lying in port

If any vessel of more than ten tons burden shall, without such license, as hereinafter is mentioned, be afloat in any port within the [territories to which this Act extends], without having on board thereof a crew of not less than the number set forth in the First Schedule hereto, the master of such vessel, and in case there shall be no master of such vessel then the owner thereof, shall be punished with a fine not exceeding five hundred rupees.

S.3 Power to exempt from maintaining crew on particular ships

Whenever it shall appear to the Conservator of any port that any vessel in such port may, without danger to other vessels in such port, be afloat without such crew as hereinbefore is mentioned being maintained thereon, it shall be lawful to such Conservator, if he shall think fit, to grant under his hand a license in the Form A in the Second Schedule hereto, which license may be made determinable on the breach of any conditions therein contained; and during the continuance of such license the provisions of section 2 of this Act shall not apply to such vessel.

S.4 Power to revoke exemption

It shall be lawful for such Conservator, by any writing under his hand in Form B in the Second Schedule hereto, to revoke such license; and, from and after the publication of such revocation, by posting a copy thereof upon some conspicuous part of such vessel, the provisions of section 2 of this Act shall apply to such vessel and to the master and owner thereof as if no such license had ever been granted.

S.5 Power to make order with respect to portions of ports

Whenever it shall appear to the Conservator of any port that any creek, river or dock is so situate that vessels without any crew therein may remain afloat in such creek, river or dock without danger to any vessels in any part of such port, it shall be lawful for such Conservator to make an order in the Form C in the Second Schedule hereto, and from time to time, if he shall think fit, to revoke or amend such order:

Provided always that every such order, amendment and revocation shall be published in the [Official Gazette], and that no such order, amendment or revocation shall have any force or effect until it shall have been so published.

S.6 Application of section 2 to certain ships

During such time as any such order shall remain in force the provisions of section 2 of this Act shall not apply to any vessel lying or being within the limits of any such creek, river or dock, as the same shall be deemed by such order.

S.7 Penalty on master omitting to take order to extinguish fire

Repealed by the Indian Ports Act, 1875 (12 of 1875).

S.8 Power to charge port-police upon port-fund

It shall be lawful for [the appropriate Government] to order (if and when [it] shall think fit) that the entire or any portion of the expense of maintaining the police-force in any port which may be within or abutting upon any municipal town shall be borne by and paid out of the port-fund of such port.

S.9 Power to charge upon port-fund portion of expense of municipal police

It shall be lawful for [the appropriate Government] from time to time, to assign to the persons charged with the management of the municipal fund of any municipal town upon which any port may be abutting, or within which any port may be, such annual sums to be charged upon and payable out of the port fund of such port as to [it] shall seem just and reasonable for or towards reimbursing to such municipal fund such portion of the expense of the police-force in such town as may, in the opinion of [the appropriate Government] be rendered necessary by the resort to such town of seamen from ships lying or being in such port.

S.10 Power to impose police-port-dues

In case the port-fund of any port shall, after providing for the payment of all sums and charges now by law payable out of such port-fund be insufficient to pay any expense of police and annual sums which shall, under the provisions aforesaid, be payable thereout; it shall be lawful for [the appropriate Government] and [it] is hereby required to order that there shall be paid, in addition to all port-dues and charges payable in respect of any ship from time to time lying or being in such port, such port-dues, to be called police-port-dues, as shall thereunto be necessary:

Provided that the same shall not exceed the port-dues in that behalf mentioned in the Third Schedule to this Act.

S.11 to 13 Imposition and application of hospital port-dues: power to refuse port clearance till expenses under Merchant Shipping Act, 1854, s. 228, are paid

Repealed by the Indian Ports Act, 1875 (12 of 1875).

S.14 Power to compound port-dues

It shall be lawful for the owner of any vessel to pay to the Conservator of any port three times the amount of the police-port-dues and hospital-port-dues which would, for the time being, be payable in respect of such vessel, and thereby to discharge such vessel from all further police-port-dues and hospital-port-dues in such port for the space of twelve calendar months from the day of the date of such payment.

S.15 Power to vary port-dues

It shall be lawful for [the appropriate Government] from time to time, to vary the rate of police-port-dues payable in any port, as to [it] shall seem fit, so as that the same shall not exceed the rates in the Third Schedule set forth.

S.16 Imposition or increase of port-dues to be published

No order of [the appropriate Government], imposing or increasing any port-dues under this Act, shall take effect until the expiration of six calendar months from the day upon which such order shall have been published in the [Official Gazette.]

S.17 Recovery of penalties

All complaints as to offences against this Act shall be heard and determined by a Magistrate within whose local jurisdiction the offence may be alleged to have been committed.

S.18 Penalties how disposed of

All penalties levied under this Act shall be applied as fines received under the said Act 22 of 1855 are directed to be applied.

S.19 Construction

This Act shall be construed together with and as part of the said Act 22 of 1855.

S.20 Commencement of Act

Repealed by the Repealing Act 1873 (12 of 1873).