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CALCUTTA PORT (PILOTAGE) ACT

Ministry of Law and Justice

Act nº 33 of 1948


  • Act nº 33 of 1948

Preamble

CALCUTTA PORT (PILOTAGE) ACT, 1948

[Act, No. 33 of 1948]

[16th April, 1948]

PREAMBLE

An Act to provide for the transfer of control over pilot age on the River Hoogly to the Commissioners for the Port of Calcutta.

WHEREAS it is expedient to provide for the transfer of control over pilot age on the River Hoogly to the Commissioners for the Port of Calcutta and for other matters incidental thereto, and to make certain consequential amendments in the Calcutta Pilots Act XII of 1859.

IT is hereby enacted as follows:--

Section 1. Short title and commencement

(1) This Act may be called the Calcutta Port (Pilotage) Act, 1948,

(2) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint in this behalf.

1. 16.05.1948, vide Notification No. 27-M (III)/47, dated 19.05.1948.


Section 2. Definitions

In this Act, unless there is anything repugnant in the subject or context,-

(a) "Appointed day" means the date on which this Act comes into force;

(b) "Commissioners'' means the Commissioners for the Part of Calcutta incorporated under the Calcutta Port Act, 1890;

(c) "Hoogly area" means the part, of the Hoogly River extending from the Port of Calcutta to the sea to which section 31 of the Indian Ports Act, 1908, has been extended.

Section 3. Commissioners' duty to maintain pilots

As from the appointed day it shall be the duty of the Commissioners to maintain pilots for the safe navigation of vessels in the Hoogly area and the Commissioners shall be bound to maintain a sufficient number of pilots for the purpose as may be prescribed by the Central Government from time to time.

Section 4. Appointment of pilots

No person shall be appointed to be a pilot by the Commissioners who is not for the time being authorised by the Central Government under the provisions of' the Indian Ports Act, 1908, to pilot vessels.

Section 5. Rules regulating Pilots

(1) The Commissioners may from time to time make rules-

(a) For fixing and regulating the salaries, wages and allowances for pilot age to be received by the Pilots, and

(b) For regulating the behavior and conduct of pilots, and may enforce the observance of such rules by the imposition of pecuniary penalties not exceeding two hundred rupees for every breach thereof or by suspension or deprivation of appointment or otherwise, as to them may appear expedient:

PROVIDED that any such order made by the Commissioners shall, as respects any officer whose salary amounts to or exceeds one thousand rupees, be subject to the previous sanction of the Central Government.

(2) No such rules shall take effect until they are approved by the Central Government and published in the Official Gazette.

Section 6. Levy of pilotage fees

As from the appointed day the Commissioners shall be entitled to levy fees for the pilot age of vessels in the Hoogly area at rates fixed under the Indian Ports Act, 1908.

Section 7. Pilot age fees and fines and penalties levied under the Act

All fees for pilotage and all fines and penalties levied under this Act from pilot or other persons employed in the pilot service, except fines and penalties imposed by a Court, shall be accounted for and expended by the Commissioners in accordance with the provisions of section 36 of the Indian Ports Act, 1908.

Section 8. Expenditure in pilotage account

1[8. Expenditure in pilotage account]

1. Repeated by the Port Trusts and Ports (Amendment) Act, 1951 (Act 35 of 1951) w.e.f 16.07.1951.


Section 9. Power to transfer moneys from the general account to pilot age account and vice versa

The Commissioners shall have the power, with the previous sanction of the Central Government, to apply1[any sum out of] the moneys credited to the general account towards meeting deficits, if any, in the pilot age account1[maintained under section 36 of the Indian Ports Act, 1908] and to transfer the whole or2[part of the surplus funds if any in such pilot age account] to the general account.

1. Inserted by the Port Trusts and Posts (Trusts and Ports (Amendment) Act, 1951 (Act 35 of 1951) w.e.f 16.07.1951.

2. Substituted for the words "part of the surplus funds in the pilotage account" by The Port Trusts and Posts (Trusts and Ports (Amendment) Act, 1951 (Act 35 of 1951) w.e.f 16.07.1951.


Section 10. Application of certain provisions of Bengal Act III of 1890

Section 18, Section 19, Section 24B, Section 29 to Section 30, Section 31, Section 32, Section 33, Section 34 (both inclusive), Section 47, Section 48, Section 49, Section 50, Section 51, Section 52, Section 53, Section 54 (both inclusive), Section 55, Section 57, Section 58 and Section 69 to Section 80A (both inclusive) of the Calcutta Port Act, 1890, are hereby incorporated in this Act subject to the following modifications namely:--

(a) That the references in the said sections to the Calcutta Port Act, 1890, shall be taken as references to this Act;

(b) That in clause (b) of section 19, for the words "the tolls, dues, Rates, rents and charges", the words "the pilotage fees" shall be substituted;

(c) That the proviso to sub-section (2) of section 30 shall be omitted:

(d) That in subs-section (1) of section 34, the words "the Deputy Chairman or to" shall be omitted.

(e) That sub-section (2) of section 34 shall be omitted.

Section 11. Amendment of the Calcutta Pilots Act XII of 1859

1[11. Amendment of the Calcutta Pilots Act XII of 1859]

1. Repealed by the Repealing and Amending Act, 1950 (Act 35of 1950)