COASTING-VESSELS ACT, 1838
Preamble - Coasting-Vessels Act, 1838
[Act No. 19 of 1838]
[27th August, 1838]
Section 1 - Extent
[3] [This Act extends in the first instance [4]
[to the territories which, immediately before the 1st November, 1956, were
comprised in the States] of Bombay, Saurashtra and Kutch, but the Central
Government may, by notification in the Official Gazette, extend it to any other
State [5] [or part of a State] which
has a sea-coast.]
Section 2 - Rules as to coasting and other vessels belonging to any citizen of India
[6]The following rules shall be in force with respect
to vessels belonging to [7]
[any citizen of India] [8],and
employed on the coasts of [9]
[any State [10] [or part of a State] to
which this Act extends] or in trading coastwise, as also with respect to
fishing-vessels and harbour-craft belonging to [11]
[any such citizen].
Section 3 - Marking or branding vessels with name of place and number
[12] Every such vessel employed as aforesaid,
fishing-vessel and harbour-craft shall be marked or branded with the name of
the place to which she belongs, and also with a number assigned for the same by
the officer authorised to make such registry as is hereinafter mentioned;
Owner to paint name and number--and the owner or
owners of such vessel employed as aforesaid, fishing-vessel and harbour-craft
shall cause such name and number to be painted in black paint upon a white
ground on each quarter of such vessel employed as aforesaid, fishing- vessel
and harbour-craft, in English figures and letters, each figure and letter being
six inches in length.
Section 4 - Registry of name, number and burthen
[13]* The name and number of every such vessels
employed as aforesaid, fishing-vessel and harbour-craft, and her burthen, and
also the name or names of the owner or owners thereof, shall be registered in a
book to be kept for that purpose by the person hereinafter directed to make
such registry.
Registry by whom to be made. Fresh registration.--At Bombay such registry shall be made by the [14]
[Principal Officer, Mercantile Marine Department], and at other places [15]***by
the Collector of Sea- customs at such places respectively, or by such other
person as shall be appointed by the [16]
[Central Government] to act at such places respectively, in the execution of
this Act; and whenever any change shall take place in the burthen of such
vessel employed as aforesaid, fishing-vessel or harbour-craft, or in the name
or names of the owner or owners thereof, such registry shall be made again:
Provided, however, that it shall not be lawful to
give any name to such vessel employed as aforesaid, fishing-vessel or
harbour-craft, other than that by which she was first registered.
Section 5 - Owners to apply for registry
[17]*** The owner or owners of every such vessel
employed as aforesaid, fishing-vessel and harbour- craft shall apply to the
person authorised to make such registry in respect of the same, in order to
have such registry as aforesaid made, or in order to have such registry made
again as aforesaid.
Information of registry at subordinate port.--And whenever such vessel employed as aforesaid,
fishing-vessel or harbour-craft is registered at a subordinate port,
information thereof, and of the number there assigned to her, shall immediately
be given by the registering officer to the [18]
[Principal Officer, Mercantile Marine Department] at Bombay.
Section 6 - Officers to perform duty of marking and branding
[19]*** The duty of marking or branding and of
ascertaining the burthen of such vessels employed as aforesaid, fishing-vessels
and harbour-craft, at Bombay, shall be performed by the [20]***[Principal
Officer, Mercantile Marine Department]; and at all other places [21]***the
duty of marking or branding and of ascertaining the burthen of such vessels
employed as aforesaid, fishing-vessels and harbour-craft shall be performed by
the Collector of Sea-customs at such places respectively, or by such other
persons as shall be appointed by the [22]***[Central
Government] to act at such places respectively, in the execution of this Act.
Section 7 - Owner to obtain certificate of registry Replacing lost certificate
[23] The owner or owners of every such vessel
employed as aforesaid, fishing-vessel and harbour-craft shall apply for and
obtain a certificate of registry from the person authorised to make such
registry as aforesaid, and such certificate shall be in the form specified in
the Schedule appended to this Act; and in the case of any certificate being
lost or destroyed, a renewed certificate may be obtained in the same manner and
on payment of the fees hereinafter mentioned.
Section 8 - Sealing certificate
[24] Such certificate of registry shall be sealed
with the seal of the [25]
[Government of India], and shall be signed by the person authorised to make
such registry.
Section 9 - Dates for commencement of certificate and registration
Rep.
by the Repealing Act, 1876 (12 of 1876), s. 1 and Sch., Pt. I.
Section 10 - Fees for certificate
[26] [The owner or owners of such vessels employed as
aforesaid (fishing-vessels and harbour-craft being excepted) on being
registered as aforesaid, shall pay-
|
for each
certificate of registry for a vessel not exceeding 5 tons burthen, the fee of |
..... |
1
rupee; |
|
for each certificate
for a vessel exceeding 5 tons burthen and not exceeding 25 tons burthen, the
fee of |
..... |
5
rupees; |
|
for each
certificate for a vessel exceeding 25 tons burthen and not exceeding 100 tons
burthen, the fee of |
..... |
7
rupees; |
|
and for
each certificate for a vessel of 100 tons or greater burthen, per ton, the
fee of |
..... |
2
annas.] |
Section 11 - Fees to be credited to Government
[27] The person or persons so authorised to make
such registry as aforesaid shall receive the fees payable for the same, and
shall pay such fees to such officer as [28]
[the Central Government] shall appoint; the same to be carried to the credit
of [29] [the Central Government]:
[30] [Provided that any such fees as immediately before
the commencement of [31]
[the Constitution] were, under this Act as then in force to be carried to the
credit of the [32]
[Provincial Government] shall be paid to such officer as the State Government
may appoint and be carried to the credit of that Government.]
Section 12 - Production of certificate on demand
[33] The owner or owners or commander of every
such Vessel employed as aforesaid, fishing-vessel and harbour-craft shall
produce, on demand thereof by any officer of the Customs [34]or
by any officer of the [35]Navy,
the certificate so directed to be applied for and obtained in respect of such
vessel employed as aforesaid, fishing-vessel or harbour-craft, as above
mentioned.
Section 13 - Penalty on repetition of default
[36] In case any such vessel employed as
aforesaid, fishing-vessel or harbour-craft shall not be so marked or branded in
all respects as hereinbefore directed, or in case the name and number of any
such vessel employed as aforesaid, fishing-vessel or harbour-craft shall not be
so painted, or shall not continue so painted on such vessel employed as
aforesaid, fishing-vessel or harbour-craft, in all respects as hereinbefore
directed;
or
in case any such vessel employed as aforesaid, fishing-vessel or harbour-craft
shall not be furnished with such certificate as hereinbefore specified, or in
case the owner or owners or commander of any such vessel employed as aforesaid,
fishing-vessel or harbour-craft shall not produce such certificate on demand
thereof as hereinbefore directed;
the
owner or owners of every such vessel employed as aforesaid shall be subject to
a fine of ten times the amount of the fees payable in respect of the
certificate of registry of such vessel, the same being a vessel for the
certificate of the registration of which any fee is payable; and the owner or
owners of any such fishing-vessel or harbour-craft shall be subject to a fine
of ten rupees;
Recovery of penalties--which fines may be recovered on conviction before
any Magistrate [37] Having
jurisdiction, [38]
by sale of such vessel, fishing-vessel or harbour-craft, her furniture,
ammunition, tackle and apparel;
Penalty on repetition of default--and such fines shall be payable as often as the
owner or owners or commander of any such vessel employed as aforesaid,
fishing-vessel or harbour-craft shall make such default as aforesaid:
Provided every such subsequent default be made
after the expiration of one month from the date of the last conviction.
Section 14 - Power to direct compensation for trouble in seizing
[39] The [40]
[Central Government] may direct compensation for trouble and diligence in
seizing such vessel employed as aforesaid, fishing-vessel or harbour-craft,
guns, furniture, tackle, ammunition and apparel, as last mentioned, to be made,
out of the proceeds of such seizure to the person or persons who shall have
seized the same, to such amount, in such manner and in such shares or
proportions, as to the said [41]
[Central Government] shall seem meet.
Section 15 - Port-clearance
Rep.
partly by the Repealing Act, 1874 (16 of 1874), s. 1 and Sch., Pt. I, and
partly by the Repealing Act, 1876 (12 of 1876), s. 1 and Sch., Pt. I.
Schedule - SCHEDULE
SCHEDULE
This
is to certify that (here insert the names, occupation and residence of the
owners) having declared that (he or they) are sole owner or owners of the
vessel (fishing-vessel or harbour-craft) called (the name) which is of the
burthen of (number of [42]
[tons]) and that the said vessel (fishing-vessel or harbour-craft) was (where
and when built), the said vessel (fishing-vessel or harbour-craft) has been
duly registered at the port of (name of port).
Certified
under my hand.
(Signature of Officer.)
[1] Short title given by the Bombay Short
Titles Act, 1921 (Bom. Act 2 of 1921).
This
Act was declared by the Laws Local Extent Act, 1874 (15 of 1874), section 5, to
be in force in the whole of the Bombay Presidency, except the Scheduled
Districts.
This
Act has been repealed in so far as it applies to sea- going ships fitted with
mechanical means of propulsion and to sailing vessels by the Merchant Shipping
Act, 1958 (44 of 1958), section 461 and Sch.
The
Act came into force in Pondicherry vide Reg. 7 of 1963, section 3 and Sch. I
(w.e.f. 1-10-1963)
The
Act has been extended to Goa, Daman and Diu with modifications by Reg. 12 of
1962 and Sch. and to Laccadive, Minicoy and Amindivi Islands by Reg. 8 of 1965,
section 3 and Sch. (w.e.f. 1-10-1968).
[2] The word "Bombay" omitted by
Act 22 of 1952, section 3.
[3] Inserted by section 4, ibid. Original
section 1 was repealed by Act 14 of 1870, section 1 and Sch., Pt. II.
[4] Substituted by the Adaptation of Laws
(No. 2) Order, 1956, for "to the States".
[5] Inserted ibid.
[6] The words and
figures "And it is hereby enacted, that from the said first day of
November, 1838" rep. by Act 16 of 1874, section 1 and Sch., Pt. I.
[7] Substituted by
the A.O. 1950, for "any of Her Majesty's subjects".
[8] The words
"residing within the State of Bombay" Omitted by Act 22 of 1952,
section 5.
[9] Substituted by
section 5, ibid., for "the said State".
[10] Inserted, ibid.
[11] Substituted by
the A.O. 1950, for "any of the same Her Majesty's subjects".
[12] The words "And it is hereby
enacted, that" rep. by Act 16 of 1874, section 1 and Sch., Pt. I.
[13] The words
"And it is hereby enacted, that" rep. by Act 16 of 1874, s. 1 and
Sch., Pt. I.
[14] Substituted by
the A.O. 1950 (as amended by C.O. 29, dated 4-4-1951), for
"Master-Attendant" (w.e.f. 26-1-1950).
[15] Substituted by
the A.O. 1937, for "Government of Bombay".
[16] Substituted by
the A.O. 1937, for "Government of Bombay".
[17] Substituted by
the A.O. 1950 (as amended by C.O. 29, dated 4-4-1951), for
"Master-Attendant" (w.e.f. 26-1-1950).
[18] Substituted by
the A.O. 1950 (as amended by C.O. 29, dated 4-4-1951), for "Master-Attendant"
(w.e.f. 26-1-1950).
[19] The words
"And it is hereby enacted, that" rep. by Act 16 of 1874, s. 1 and
Sch., Pt. I.
[20] Substituted by
the A.O. 1950 (as amended by C.O. 29, dated 4-4-1951), for
"Master-Attendant" (w.e.f. 26-1-1950).
[21] The words
"within the State of Bombay" omitted by Act 22 of 1952, section 7.
1.
The
words "And it is hereby enacted, that" rep. by Act 16 of 1874, s. 1
and Sch., Pt. I.
2.
Substituted
by the A.O. 1950 (as amended by C.O. 29, dated 4-4-1951), for "Master-Attendant"
(w.e.f. 26-1-1950).
3.
The
words "within the State of Bombay" omitted by Act 22 of 1952, section
7.
4.
Substituted
by the A.O. 1937, for "Government of Bombay".
[23] The words "And it is hereby
enacted, that" rep. by Act 16 of 1874, section 1 and Sch., Pt. I.
[24] The words "And it is hereby
enacted, that" rep. by Act 16 of 1874, section 1 and Sch., Pt. I.
[25] Substituted by the A.O. 1950, for
"East India Company".
[26] Substituted by Act 22 of 1952, section
8, for the original section.
[27] Substituted by
the A.O. 1937, for "the Governor of Bombay in Council".
[28] Substituted by
the A.O. 1937, for "the Governor of Bombay in Council".
[29] Substituted,
ibid., for "the Government of Bombay".
[30] Inserted ibid.
[31] Substituted by
the A.O. 1950, for "Part III of the Government of India Act, 1935".
[32] Substituted
ibid., for "Local Government".
[33] The words
"And it is hereby enacted, that" rep. by Act 16 of 1874, section 1
and Sch., Pt. I.
[34] The words
"within the said State" omitted by Act 22 of 1952, section 6.
[37] The words
"Justice of the Peace, or person exercising the powers of a
Magistrate" rep. by Act 12 of 1876, section 1 and Sch., Pt. I.
[39] The words
"And it is hereby enacted, that" rep. by Act 16 of 1874, section 1
and Sch., Pt. I.
[40] Substituted by
the A.O. 1937, for "Governor of Bombay in Council".
[41] Substituted
ibid., for "Governor in Council".
[42] Substituted by Act 22 of 1952 section
9, for "Bombay khandis".