| [Act 26 of 1947] | [18th April, 1947] |
| [Repealed by Act 44 of 1958, Section 461(1) and Schedule-Part I, w.e.f. 1-4-1960.] | [18th April, 1947] |
An Act to provide for the control of shipping
Whereas it is expedient to provide for the control of shipping for a limited period;
It is hereby enacted as follows :-
1. Short title, extent, commencement and duration.-(1) This Act may be called the Control of Shipping Act, 1947.
(2) It extends to 1[the whole of India], and applies also to, and to persons on, ships registered 2[in India], wherever they may be.
(3) It shall be deemed to have come into force on the 25th day of March, 1947, and it shall remain in force only up to the 31st day of March, 3[1960]:
4[* * *]
1 Substituted by Act 27 of 1948, Section 3, for "all the Provinces of India".
2 Substituted by Act 27 of 1948, Section 3, for "in the Provinces".
3 Substituted by Act 9 of 1958, Section 2, for "1958".
4 Proviso omitted by Act 8 of 1950, Section 2.
2. Interpretation.-In this Act, unless there is anything repugnant in the subject or context,-
1[(a) "coasting trade of India" means the carriage by water of passengers or goods from any port or place in India to any other port or place in the continent of India;]
2[(b)] "master" and "passenger" have the meanings respectively assigned to them in the India Merchant Shipping Act, 1923 (21 of 1923);
3[(c)] "owner" includes the agent of an owner;
4[(d)] "prescribed" means prescribed by rules made under Section 9;
5[(e)] "ship" does not include a ship of less than 150 gross registered tons or a sailing ship;
6[(f)] "Shipping Authority" means any authority or officer authorised by the Central Government by notification in the Official Gazette to perform the functions of a Shipping Authority under this Act.
1 Inserted by Act 27 of 1948, Section 4.
2 Re-lettered by Act 27 of 1948, Section 4.
3 Re-lettered by Act 27 of 1948, Section 4.
4 Re-lettered by Act 27 of 1948, Section 4.
5 Re-lettered by Act 27 of 1948, Section 4.
6 Re-lettered by Act 27 of 1948, Section 4.
3. Licences.-(1) No ship registered in 1[India] shall be taken to sea from a port or place within or outside 2[India] except under a valid licence granted by a Shipping Authority under this section.
(2) A licence granted under this section may be either a general licence granted by a Shipping Authority under this section.
(3) A general licence shall remain valid until it is revoked by the Sipping Authority which granted it, and a specified voyage licence shall be valid only for the particular voyage for which it is granted.
(4) A licence granted under this section may contain such limitations and conditions as the Shipping Authority granting it may think fit to impose with respect to the trades in which the ship may engage and the voyages which it may undertake, and such limitations and conditions may be imposed so as to apply to the ship wherever it may be, or while in such waters or engaged in such trades or on such voyages, as may be specified.
(5) When a licence ceases to be valid, the person to whom it was granted shall, without unreasonable delay, return it or cause it to be returned to the shipping Authority which granted it.
(6) For the avoidance of doubts it is hereby declared that any licence granted under an order made under Rule 65 of the Defence of India Rules or that rules as continued in force by the Emergency Provisions (Continuance) Ordinance, 1946 (20 of 1946), and valid immediately before the expiry of the said Ordinance shall continue to be valid according to its tenor and shall be deemed to have been granted under this section.
1 Substituted by Act 27 of 1948, Section 2, for "the Provinces".
2 Substituted by Act 27 of 1948, Section 2, for "the Provinces".
1[3-A. Licences for coasting trade of India.-(1) No ship shall engage in the coasting trade of India except under a valid licence granted by a Shipping Authority under this section.
(2) A licence granted under this section may be either a general licence or a specified voyage licence or a licence for a specific period and shall be subject to such conditions as may be specified by the Shipping Authority granting the licence.
(3) The Shipping Authority may in its discretion, at any time, revoke, cancel or modify a licence granted under this section.]
1 Inserted by Act 27 of 1948, Section 5.
4. No port-clearance until licence is produced.-Without prejudice to the provisions of Section 127 of the Indian Merchant Shipping Act, 1923 (21 of 1923), no officer of Customs shall grant a port-clearance to a ship registered in 1[India] 2[or to a ship engaged in the coasting trade of India] until after the production by the owner or master thereof of a valid licence granted under this Act in respect of the ship.
1 Substituted by Act 27 of 1948, Section 2, for "the Provinces".
2 Inserted by Act 27 of 1948, Section 6.
5. Power to give directions.-(1) The Shipping Authority which granted a licence in respect of a ship under Section 3 may, from time to time while the licence is valid, by order in writing give directions with respect to-
(a) the ports or places, whether within or outside 1[India], to which, and the routes by which, the ship shall proceed for any particular purpose;
(b) the classes of passengers or cargo which may be carried in the ship;
(c) the order of priority in which passengers or cargo may be taken on or put off the ship at any port or place, whether within or outside 2[India].
(2) The Central Government or any Shipping Authority may from time to time by order in writing give general or special directions applicable to any ship registered outside 3[India] and about to proceed from a port or place in 9[India] to any port or place in the continent of India with respect to the order of priority in which passengers or cargo may be taken on the ship at such port or place in 4[India]:
Provided that no directions under this sub-section shall apply to any such ship which is not taking on passengers or cargo at a port or place in 5[India] for discharge at any port or place in the continent of India.
1 Substituted by Act 27 of 1948, Section 2, for "the Provinces".
2 Substituted by Act 27 of 1948, Section 2, for "the Provinces".
3 Substituted by Act 27 of 1948, Section 2, for "the Provinces".
4 Substituted by Act 27 of 1948, Section 2, for "the Provinces".
5 Substituted by Act 27 of 1948, Section 2, for "the Provinces".
6. Power to fix shipping rates.-The Central Government may from time to time, by order published in the Official Gazette, fix in the prescribed manner the rates at which any ship, registered in 1[India] may be hired, and the rates which may be charged for the carriage of passengers or cargo taken on any ship, whether registered in 2[India] or not, at a port or place in 3[India] for discharge at any port or place in the continent of India.
1 Substituted by Act 27 of 1948, Section 2, for "the Provinces".
2 Substituted by Act 27 of 1948, Section 2, for "the Provinces".
3 Substituted by Act 27 of 1948, Section 2, for "the Provinces".
7. Power to call for information.-A Shipping Authority may, by notice served personally or by post, require-
(a) the master or owner of any ship in respect of which a licence granted by the Shipping Authority under this Act is in force, or
(b) the master or the agent in 1[India] of the owner of any ship in respect of which any directions have been or may be given under sub-section (2) of Section 5,-
to furnish, within the period specified in the notice, information regarding any of the following matters, namely:-
(i) the classes of passengers and cargo which the ship is about to carry or is capable of carrying 2[or has carried during any specified period];
(ii) the rates of passenger fares and freight charges applicable to the ship;
(iii) any other matter which may be prescribed.
1 Substituted by Act 27 of 1948, Section 2, for "the Provinces".
2 Added by Act 27 of 1948, Section 7.
8. Penalties and procedure.-(1) If the provisions of sub-section (1) of Section 3 or of an order under Section 6 or, without reasonable excuse, any limitations or conditions contained in a licence granted under this Act or any directions given under Section 5, are contravened, the master and the owner (or in the case of a ship registered outside 1[India], the agent in 2[India] of the owner) of the ship in respect of which the contravention has taken place shall each be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.
(2) If any person on whom a notice has been served under Section 7 fails to furnish the information required within the specified time or, in furnishing such information, makes any statement which he knows to be false in any material particular, he shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.
(3) If any licence in not returned to the Shipping Authority which granted it within a reasonable period after it has ceased to be valid, the person to whom it was granted shall be punishable with fine which may extend to one hundred rupees.
(4) No Court inferior to that of a Presidency Magistrate or a Magistrate of the first class shall try any offence punishable under this section.
(5) If the person committing an offence punishable under this section is a company or other body corporate, every managing director, manager, secretary or other officer or agent thereof shall, unless he proves that he exercised all due diligence to prevent the commission of the offence, be deemed to be guilty of such offence.
1 Substituted by Act 27 of 1948, Section 2, for "the Provinces".
2 Substituted by Act 27 of 1948, Section 2, for "the Provinces".
9. Power to make rules.-(1) The Central Government may, by notification in the Official Gazette, make rules1 for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, rules may provide for any or the following matters, namely:-
(a) the forms of licences granted under this Act;
(b) the manner in which rates shall be fixed under Section 6, including the constitution and functions of a Board to advise the Central Government in respect of such rates;
(c) the matters regarding which information may be required to be furnished under Section 7.
1 For such rules, see Gazette of India, 1947, Part I, p. 624 and by Act 27 of 1948, Part I, p. 435.