ANDHRA PRADESH OUTPORTS LANDING AND SHIPPING FEES (AMENDMENT) ACT, 1968

ANDHRA PRADESH OUTPORTS LANDING AND SHIPPING FEES (AMENDMENT) ACT, 1968

Preamble - 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]

PREAMBLE

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: --

Section 1 - Short title and commencement

(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.

Section 2 - Amendment of the long title of and preamble to Act III of 1885

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.

Section 3 - Substitution of new section for section 1

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."

Section 4 - Substitution or new section for section 3

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,"

Section 5 - Amendment of section 4

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.

Section 6 - Amendment of section 5

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.

Section 7 - Substitution of new section for section 6

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."

Section 8 - Amendment of section 8

In section 8 of the principal Act, for the words " port concerned", the words " minor port concerned " shall be substituted.

Section 9 - Substitution of" Andhra Pradesh Gazette " for " Official Gazette"

In the principal Act, for the words " Official Gazette " wherever they occur, the words " Andhra Pradesh Gazette " shall be substituted.

Section 10 - Abolition of landing and shipping fees fund

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.