ANDHRA PRADESH
OUTPORTS LANDING AND SHIPPING FEES (AMENDMENT) ACT, 1968 THE ANDHRA PRADESH OUTPORTS LANDING AND SHIPPING FEES (AMENDMENT)
ACT, 1968 [Act No. 09 of 1968] [5th August, 1968] An Act further to amend the Madras Outports Landing and Shipping
Fees Act, 1885. Be it enacted by the
Legislature of the State of Andhra Pradesh in the Nineteenth Year of the
Re-public of India as follows: -- (1)
This Act may be called the Andhra Pradesh Outports Landing and
Shipping Fees (Amendment) Act, 1968. (2)
It shall come into force on such date as the State Government may,
by notification in the Andhra Pradesh Gazette, appoint. In the long title of, and
the preamble to, the Madras Outports Landing and Shipping Fees Ant, 1885
(hereinafter referred to as the principal Act), for the words " Andhra area
of the State of Andhra Pradesh", the words " State of Andhra Pradesh
" shall be substituted. For section 1 of the
principal Act, the following section shall be substituted, namely: 1. "Short title and application. (1)
This Act may be called the Andhra Pradesh Minor Ports Landing and
Shipping Fees Act, 1885, (2)
It applies in the first instance to the minor ports mentioned in
the Schedule; and the Government may, by notification in the Andhra Pradesh Gazette,
apply the provisions of this Act to such other minor ports in the State, and
with effect from such date, as may be specified in the notification." For section 3 of the
principal Act, the following section shall be substituted, namely: 3. Definitions,his Act, unless the
context otherwise requires,-- (a)
" drift " includes timber or other floating matter
whether the same is in the possession or under the control of any person or
not; (b)
" goods " includes wares and merchandise of every
description and carts, carriages, animals, baggage and other articles; (c)
" Government " means the State Government; (d)
"owner" when used in relation to goods or drift includes
any consignor, consignee, shipper or agent for the sale, custody, landing or
shipping of such goods or drift; (e)
" minor port " means any port to which this Act applies
within such limits as may, from time to time, be defined by the Government for
the purpose of this Act by notification in the Andhra Pradesh Gazette, not
being a major port within the meaning of the Indian Ports Act, 1908 (Central
Act 15 of 1908); (f)
''Port" includes any part of a river or channel; (g)
"prescribed" means prescribed by rules made under this
Act; (h)
"vessel" includes anything made for the conveyance
mainly by water of human beings or of property," In section 4 of the
principal Act, for the words " within the limits of any port within the
State of Madras or the Andhra area of the State of Andhra Pradesh", the
words " within the limits of any-minor port within the State of Andhra
Pradesh " shall be substituted. In section 5 of the
principal Act, for the words " English, Tamil, Telugu and Hindustani
languages", the words " English, Telugu and Hindi languages "
shall be substituted. For section 6 of the
principal Act, the following section shall be substituted, namely: ---6. " Power to make rules. (1)
The Government may, by notification published in the Andhra
Pradesh Gazette, make rules for carrying out all or any of the purposes of this
Act. (2)
In particular and without prejudice to the generality of the
foregoing power, such rules may provide for? (a)
appointing places where goods or particular classes of goods
intended for shipment or landed from ships within the minor ports are to be
placed for the purpose of assessing the fees payable under this Act and places
where passengers may (sic) or embark; (b)
regulating the manner in which such fees shall be assessed and the
time when they shall (sic) paid; (c)
the ascertainment and recovery of the amount of any damage that
may be caused to a pier, jetty, wharf, quay or other work in a minor port by
any person or by any vessel or drift; (d)
any other matter which may be prescribed. (3)
Every rule made under this section shall immediately after it is
made, be laid before each House of the State Legislature if it is in session
and if it is not in session, in the session immediately following, for a total
period of fourteen days which may be comprised in one session or in two succession
sessions, and if, before the expiration of the session in which it is so laid
or the session immediately following, both Houses agree, in making any
modification in the rule or in the annulment of the rule, the rule shall, from
the date on which the modification or annulment is notified in the Andhra
Pradesh Gazette, have effect only in such modified form or shall stand
annulled, 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." In section 8 of the
principal Act, for the words " port concerned", the words "
minor port concerned " shall be substituted. In the principal Act, for
the words " Official Gazette " wherever they occur, the words "
Andhra Pradesh Gazette " shall be substituted. The landing and shipping
fees fund constituted under the principal Act shallst and abolished and the
balance to the credit of the said fund shall be credited to the Consolidated
Fund of the State THE SCHEDULE [Section 1 (2).] (a)
Bheemunipatnam. (b) Kakinada. (c) Kalingapatnam. (d) Krishnapatnam. (e) Masulipatnam (f) Narsapur. (g) Vadarevu.
Preamble - ANDHRA PRADESH OUTPORTS LANDING AND SHIPPING FEES
(AMENDMENT) ACT, 1968PREAMBLE