Act 19 of 1838 : The Coasting vessels Act, 1838

26 Aug 1838
Ministry
  • Ministry of Shipping
Enforcement Date

1838-08-26T18:30:00.000Z

The Coasting vessels Act, 1838

ACTNO. 19 OF 1838
27 August, 1838

Section 1: Extent.

1[1. Extent.--This Act extends in the first instance 2[to the territories which, immediately before the1st November, 1956, were comprised in the States] of Bombay, Saurashtra and Kutch, but the CentralGovernment may, by notification in the Official Gazette, extend it to any other State 3[or part of a State]which has a sea-coast.]

1. Ins. by s. 4, ibid. s.1 was rep. by Act 14 of 1870, s. 1 and the Schedule, Pt. II.

2. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for "to the States".

3. Ins., ibid.

Section 2: Rules as to coasting and other vessels belonging to any citizen of India.

2 The followingrules shall be in force with respect to vessels belonging to 3[any citizen of India] 4, and employed onthe coasts of 5[any State] 1[or part of a State] to which this Act extends] or in trading coastwise, as alsowith respect to fishing-vessels and harbour-craft belonging to 6[any such citizen].

1. The words and figures "And it is hereby enacted, that from the said first day of November, 1838" rep. by Act 16 of 1874, s. 1and the Schedule, Pt. I.

2. Subs. by the A. O. 1950, for "any of Her Majesty's subjects".

3. The words "residing within the State of Bombay" omitted by Act 22 of 1952, s. 5.

4. Subs. by s. 5, ibid., for "the said State".

5. Ins., ibid.

6. Subs. by the A. O. 1950, for "any of the same Her Majesty's subjects".

Section 3: Marking or branding vessels with name of place and number .

1 Every such vesselemployed as aforesaid, fishing-vessel and harbour-craft shall be marked or branded with the name of theplace to which she belongs, and also with a number assigned for the same by the officer authorised tomake such registry as is hereinafter mentioned.

Owner to paint name and numberand the owner or owners of such vessel employed s aforesaid,fishing-vessel and harbour-craft shall cause such name and number to be panted in black paint upon awhite ground on each quarter of such vessel employed or aforesaid fishing-vessel and harbour-craft, inEnglish figures and letters, each figure anti letter being six inches in length.

1. The words "And it is hereby enacted, that" rep. by Act. 16 of 1874, s. 1 and the Schedule, Pt. I.

Section 4: Registry of name, number and burthen.

1 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 took 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 2[Principal Officer, Mercantile Marine Department], and at other places 3 by the Collector of Seacustoms at such places respectively, or by such other person as shall be appointed by the 4[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.

1. The words "And it is hereby enacted, that" rep. by Act. 16 of 1874, s. 1 and the Schedule, Pt. I.

2. Subs. 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 said State" omitted by Act 22 of 1952, s. 6.

4. Subs. by the A. O. 1937, for "Government of Bombay".

Section 5: Owners to apply for registry.

1 The owner or owners of every such vessel employed asaforesaid, fishing-vessel and harbour-craft shall apply to the person authorised to make such registry inrespect of the same, in order to have such registry as aforesaid made, or in order to have such registrymade 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 numberthere assigned to her, shall immediately be given by the registering officer to the 2[Principal Officer,Mercantile Marine Department] at Bombay.

1. The words "And it is hereby enacted, that" rep. by Act 16 of 1874, s. 1 and the Schedule, Pt. I.

2. Subs. by A.O. 1950 (as amended by C. O. 29, dated 4-4-1951), for "Master-Attendent" (w.e.f. 26 -1-1952).

Section 6: Officers to perform duty of marking and branding.

1 The duty of marking or branding andof ascertaining the burthen of such vessels employed as aforesaid, fishing-vessels and harbour-craft, atBombay, shall be performed by the 2[Principal Officer, Mercantile Marine Department]; and at all otherplaces 3 the duty of marking or branding and of ascertaining the burthen of such vessels employed asaforesaid, fishing-vessels and harbour-craft shall be performed by the Collector of Sea-customs at suchplaces respectively, or by such other persons as shall be appointed by the 4[Central Government] to act atsuch places respectively, in the execution of this Act.

1. The words "And it is hereby enacted, that" rep. by Act 16 of 1874, s. 1 and the Schedule, Pt. I.

2. Subs. by A.O. 1950 (as amended by C. O. 29, dated 4-4-1951), for "Master-Attendent" (w.e.f. 26 -1-1952).

3. The words "within the State of Bombay" omitted by Act 22 of 1952, s. 7.

4. Subs. by the A. O. 1937, for "Government of Bombay".

Section 7: Owner to obtain certificate of registry. Replacing lost certificate.

1 The owner orowners of every such vessel employed as aforesaid, fishing-vessel and harbour-craft shall apply for andobtain a certificate of registry from the person authorised to make such registry as aforesaid, and suchcertificate shall be in the form specified in the Schedule appended to this Act; and in the case of anycertificate being lost or destroyed, a renewed certificate may be obtained in the same manner and onpayment of the fees hereinafter mentioned.

1. The words "And it is hereby enacted, that" rep. by Act 16 of 1874, s. 1 and the Schedule, Pt. I.

Section 8: Sealing certificate.

1 Such certificate of registry shall be sealed with the seal of the2[Government of India], and shall be signed by the person authorised to make such registry.

1. The words "And it is hereby enacted, that" rep. by Act 16 of 1874, s. 1 and the Schedule, Pt. I.

2. Subs. by the A. O. 1950, for "East India Company".

Section 9: [Repealed.].

[Dates for commencement of certificate and registration.] Rep. by the Repealing Act, 1876 (12 of1876), s. 1 and Sch., Pt. I.

Section 10: Fees for certificates.

1[10. Fees for certificates.--The owner or owners of such vessels employed as aforesaid fishingvessels 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.]

1. Subs. by Act 22 of 1952, s. 8, for section 10.

Section 11: Fees to be credited to Government.

1 The person or persons so authorised to make suchregistry as aforesaid shall receive the fees payable for the same, and shall pay such fees to such officer as 2[the Central Government] shall appoint; the same to be carried to the credit of 3[the CentralGovernment]:

4[Provided that any such fees as immediately before the commencement of 5[the Constitution] were,under this Act as then in force to be carried to the credit of the 6[7[State] Government] shall be paid tosuch officer as the 7[State] Government may appoint and be carried to the credit of that Government.]

1. The words "And it is hereby enacted, that" rep. by Act 16 of 1874, s. 1 and the Schedule, Pt. I.

2. Subs. by the A. O. 1937, for "the Governor of Bombay in Council".

3. Subs., ibid., for "the Government of Bombay".

4. Ins., ibid.

5. Subs. by the A. O. 1950, for "Part III of the Government of India Act, 1935".

6. Subs. ibid., for "Local Government".

7. Subs. by A.O. 1950, for "Provicial".

Section 12: Production of certificate on demand.

1 The owner or owners or commander ofevery such vessel employed as aforesaid, fishing-vessel and harbour-craft shall produce, on demandthereof by any officer of the Customs 2 or by any officer of the 3 Navy, the certificate so directedto be applied for and obtained, in respect of such vessel employed as aforesaid, fishing-vessel or harbourcraft, as above mentioned.

1. The words "And it is hereby enacted, that" rep. by Act 16 of 1874, s. 1 and the Schedule, Pt. I.

2. The words "within the said State" omitted by Act 22 of 1952, s. 6.

3. The word "Indian" rep. by Act 12 of 1876, s. 1 and the Schedule., Pt. I.

Section 13: Penalty for neglect to comply with rules .

1 Incase any such vessel employed asaforesaid, fishing-vessel or harbour-craft shall not be so marked or branded in all respects as hereinbeforedirected, or in case the name and number of any such vessel employed as afored said, fishing-vessel orharbour-craft shall not be so painted, or shall not continue so painted on such vessel employed asaforesaid, fishing-vessel or harbour-craft, in all respects as herein before directed;

or in case any such vessel employed as aforesaid, fishing-vessel or harbour-craft shall not be furnishedwith such certificate as hereinbefore specified, or in case the owner or owners or commander of any suchvessel employed as aforesaid, fishing-vessel or harbour-craft shall not produce such certificate on demandthereof as hereinbefore directed;

the owner or owners of every such vessel employed as aforesaid shall be subject to a fine of ten timesthe amount of the fees payable in respect of the certificate of registry of such vessel, the same being avessel for the certificate of the registration of which any fee is payable; and the owner or owners of anysuch fishing-vessel or harbour-craft shall be subject to a fine of ten rupees;

Recovery of penaltieswhich fines may be recovered on conviction before any Magistrate 3having jurisdiction, 2 by sale of such vessel, fishing-vessel or harbour-craft, her furniture,ammunition, tackle and apparel;

Penalty on repetition of defaultand such fines shall be payable as often as the owner or owners orcommander of any such vessel employed as aforesaid, fishing-vessel or harbour-craft shall make suchdefault as aforesaid: Provided every such subsequent default be made after the expiration of one monthfrom the date of the last conviction.

1. Subs. by A.O. 1950, for "Provicial".

2. The words "And it is hereby enacted", that rep. by Act 16 of 1874, s. 1 and the Schedule, Pt. I.

3. The words "Justice of the Peace, or person exercising the powers of a Magistrate" rep. by Act 12 of 1876, s. 1 and theSchedule, Pt. I.

Section 14: Power to direct compensation for trouble in seizing .

1 The 2[Central Government] maydirect compensation for trouble and diligence in seizing such vessel employed as aforesaid, fishing-vesselor harbour-craft, guns, furniture, tackle, ammunition and apparel, as last mentioned, to be made, out of theproceeds of such seizure to the person or persons who shall have seized the same, to such amount, in suchmanner and in such shares or proportions, as to the said 3Central Government shall seem meet.

1. Subs. by A.O. 1950, for "Provicial".

2. Subs. by the A. O. 1937, for "Governor of Bombay in Council".

3. Subs., ibid., for "Governor in Council".

Section 15: [Repealed.].

[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.