(Received the assent of the Governor General on the 30th September, 1879).
An Act to restrict the transport of Salt by Sea.
PREAMBLE
Whereas it is expedient to restrict the transport of salt by sea in manner hereinafter appearing; It is hereby enacted as follows:
This Act may be called The Transport of Salt Act, 1879 :
Local extent. It extends to the western coast of British India north of Cochin and to the sea within a distance of a marine league from such coast;
Commencement. and it shall come into force at once.
When any salt is carried by sea in any vessel other than a vessel of the burden of three hundred tons and upwards, the owner and master of such vessel shall each be punished with fine which may extend to one thousand rupees, or with imprisonment for a term which may extend to six months, or with both.
Nothing in section two applies to
(a) salt covered by a permit granted under section twenty-eight or section thirty-one of the Act of the Governor of Bombay in Council No. VII of 1873, or by a rawana granted under Madras Regulation I of 1805, section eleven, clause third;
(b) salt covered by a pass granted by any officer whom the Governor of Bombay in Council may appoint in this behalf;
(c) such amount of salt carried on hoard any vessel for consumption by her crew or by the passengers or animals (if any) on board, os the Governor of Bombay in Council may, from time to time, exempt from the operation of section two.
When any officer empowered by the Governor of Bombay in Council, whether by name or office, to act under this section has reason to believe, from personal knowledge or from information taken down in writing, that any salt is being carried, or has within the twenty-four hours next before the requirement first hereinafter mentioned been carried, in any vessel so as to render the owner or master of such vessel liable to the penalties prescribed by section two, he may require such vessel to be brought-to, and thereupon may
(a) enter and search the same;
(b) require the master of such vessel to produce any documents in his possession relating to such vessel or the cargo thereof;
(c) seize such vessel if the said officer has reason to believe it liable to confiscation under this Act, and cause it to be brought with its crew and cargo into any port in British India; and
(d) where salt is found on board such vessel, search and arrest without a warrant any person on board the same who such officer has reason to believe is punishable under section two.
Any master of a vessel refusing or neglecting to bring-to or to produce his papers when required to do so by an officer acting under section four,
and any person obstructing any such officer in the performance of his duty,
may be arrested by such officer without a warrant, and shall be punished with fine which may extend to one thousand rupees, or with imprisonment for a term which may extend to six months, or with both.
Every vessel in which salt is carried so as to render the owner or master of such vessel liable to the penalties prescribed by section two, the cargo on board such vessel and all salt in respect of which an offence under this Act has boon committed shall be liable to confiscation.
The confiscation of any vessel under this section shall include her tackle, apparel and furniture.
Confiscations under this section may be adjudged by the Chief Customs Authority, or by such other officer as the Local Government may, from time to time, appoint in this behalf.
Whenever any Customs-officer is satisfied that any article is liable to confiscation under this section, he may seize such article, and shall at once report the seizure to his superior officer for the information of the Chief Customs Authority or such other officer as aforesaid, and such authority or officer may, if satisfied on such report, or after making such enquiry as it or he thinks fit, that the article so seized is liable to confiscation, either declare it to be confiscated or impose a fine in lieu thereof not exceeding the value of the article.
For the purpose of the adjudication of penalties under section two or section five, every offence thereunder may be deemed to have been committed within the limits of the jurisdiction of the Magistrate of any place where the offender is found, or to which if arrested under section four or section five, he may be brought.
The Governor General in Council may from time to time, by notification in the Gazette of India, exempt the carriage of salt within any local limits or in any class of vessels from the operation of this Act, and, by like notification, again subject such carriage to the operation of this Act.