Andaman Islands Act, 1861 [Repealed]
(Received the assent of the Governor General on the 7th September 1861.)
PREAMBLE
Whereas the Settlement of Port Blair including the territory thereto attached, within the Andaman Group of Islands, is occupied as a Penal Settlement for convicts sentenced by the Courts of British India to transportation, and it is expedient to provide for the admission and residence of other persons than convicts within the said Settlement; and whereas it is expedient to provide in like manner for any other Settlements that may be formed in the said Islands, as well as for the occupation of land and the general administration of such Settlements; It is enacted as follows:
Section 1. Land vested absolutely in Government
The land of the Settlement of Port Blair and of any other Settlement that may hereafter be formed by the Government of India in the Andaman Group of Islands is vested absolutely in Her Majesty the Queen, and such land shall not be sold, leased, or otherwise transferred to or be acquired by any person except by and through an instrument in writing executed by the Superintendent of the Settlement or such other authority as the Governor-General of India in Council may appoint, and it shall be competent to such Superintendent or other authority to eject any person from any land occupied or in any way possessed by such person which he shall not have acquired in the manner prescribed in this Section.
Section 2. Appointment of Officers to superintend management of land, &c
The Governor-General of India in Council may appoint one or more Officers to superintend the management of the land of the Settlement of Port Blair and of any other Settlement as aforesaid, and the realization of any Revenue, rent, or other dues that may be payable on account of such land, and any Officer so appointed shall, in the matters aforesaid, be subject to the direction and control of the Governor General of India in Council and be guided by such instructions as the Governor General of India in Council may from time to time issue.
Section 3. Administration of Civil and Criminal justice
The administration of Civil and Criminal justice within the Settlement of Port Blair and of any other Settlement as aforesaid, shall be vested in such Officer or Officers as the Governor-General of India in Council may, for the purpose of tribunals of first instance or of reference and appeal, appoint, and the Officer or Officers so appointed shall in matters aforesaid be subject to the direction and control of the Governor-General of India in Council, and be guided by such instructions as the Governor-General of India in Council may from time to time issue.
Section 4. Appeal
It shall be lawful for the Governor-General of India in Council to, declare in what cases the order, judgment, or sentence made by any Officer appointed as provided in the last preceding Section shall be final, and to direct that from any such order, judgment, or sentence an appeal may be heard and decided by any Court established within British India and beyond the limits of the Settlement of Port Blair.
Section 5. Revision and confirmation of sentences
It shall be lawful to the Governor-General of India in Council to empower any Court established within British India and beyond the limits of the said Andaman Group of Islands, to confirm and modify or reverse any order or sentence passed in any Criminal trial by any Officer within such Settlement, and no sentence of death passed by any Officer within any Settlement in the said Group of Islands shall be carried into execution until it be confirmed by the Governor-General of India in Council or by such Court, established within British India as aforesaid, as the Governor-General of India in Council may for that purpose appoint.
Section 6. Penalty for Master anchoring his vessel for the purpose of landing of passengers or goods at unauthorized Port
It shall not be lawful for the Master or Commander of any vessel to land or to anchor such vessel for the purpose of landing any person or any goods or things at any place on the Coast of the Settlement of Port Blair or any other Settlement as aforesaid, except at such place as may be declared a Port under the provisions of Act XXII of 1855 (for the regulation of Ports and Port-dues); and any Master or Commander so offending shall forfeit and pay a sum not exceeding one thousand Rupees.
Section 7. Penalty for landing at unauthorized Port
Any person who shall land from any vessel or boat at any place on the Coast of the Settlement of Port Blair or of any other Settlement as aforesaid, except at such place as shall be within the limits of any Port declared under the provisions of the said Act XXII of 1855, shall forfeit and pay a sum not exceeding five hundred Rupees, and any goods or thing landed from any vessel or boat, except within such limits, shall be liable to be seized by any person in the employment of Government within the Settlement, and may be confiscated if the Superintendent or other Officer aforesaid shall so direct.
Section 8. Exception from provisions of last two Sections
The provisions of the last two preceding Sections shall not apply to any vessel or boat the property of Her Majesty or used for any public purpose, or to any person, goods, or thing landed from such vessel or boat, nor in any other case when the Sections aforesaid shall have been infringed from stress of weather or other unavoidable circumstances.
Section 9. Master of vessel to deliver to Conservator list of crew, &c. and Penalty
The Master or Commander of any vessel which shall enter Port of the Settlement of Port Blair or of any other Settlement as aforesaid, shall be bound to deliver to the Conservator of the Port, within twenty-four hours from the time of entering, a list of the crew and passengers on board of such vessel as well as a Manifest of the Cargo carried by such vessel; and any Master or Commander failing to deliver such list and Manifest within such period, shall forfeit and pay a sum not exceeding five hundred Rupees.
Section 10. Penalty for any person landing without license
No person shall land within the limits of any Port of the Settlement of Port Blair or of any other Settlement as aforesaid, except under a license granted as hereinafter provided or under the written permission of the Conservator of the Port or of the Superintendent of the Settlement or other authority appointed as provided in Section I of this Act, and any person so landing without such license or permission shall forfeit and pay a sum not exceeding five hundred Rupees.
Section 11. Penalty for any person landing without license
No goods or other thing shall be landed within the limits of any Port of the Settlement of Port Blair or of any other Settlement as aforesaid except under the written permission of the Conservator of the Port or other Officer appointed on that behalf; and any goods or thing landed without such permission; shall be liable to be seized by any person in the employment of Government within the Settlement, and may be confiscated if the Superintendent or other authority aforesaid shall so direct.
Section 12. Penalty for Master omitting to furnish the Conservator with a list of his crew &c. before the departure of his vessel
Every Master or Commander of a vessel shall, twenty-four hours at least before the departure of such vessel from any Port of the Settlement of Port Blair, or of any other Settlement as aforesaid, furnish to the Conservator of such Port a list of the crew and other persons who are about to sail in such vessel, specially designating any person (11 any) who shall not have arrived at the Settlement in such vessel; and every Master or Commander who shall fail to furnish such list shall forfeit and pay a sum not exceeding one thousand Rupees. If any such Master or Commander shall, after furnishing the list herein mentioned, take or receive on board his vessel any person, not mentioned or included in such list, for the purpose of taking him from such Port, without forthwith informing the Conservator of such Port of the name of such person, he shall be liable to forfeit and pay a sum of five hundred Rupees for every such person so taken or received on board.
Section 13. Inspection of vessels
Every Master or Commander of any vessel anchored in, or about to depart from, any Port of the Settlement of Port Blair or of any other Settlement as aforesaid, shall be bound, on the requisition of the Conservator of the Port or other person acting under the instructions of the Superintendent of the Port or other Officer as aforesaid, to permit such Conservator or other person to inspect such vessel and to produce before such Conservator or other person any person who may be on board of such vessel.
Penalty. If any Master or Commander shall fail to conform to any of the provisions of this Section, lie shall forfeit and pay a sum not exceeding one thousand Rupees.
Section 14. Penalty for receiving on board a convict for the purpose of escape
If the Master or Commander of any vessel or other person shall wilfully receive on board such vessel or on any boat any convict undergoing a sentence of transportation, for the purpose of conveying the same from the Settlement of Port Blair or any other Settlement as aforesaid without the knowledge or authority of the Superintendent or other Officer aforesaid, such Master or Commander or other person shall forfeit and pay a sum not exceeding one thousand Rupees, besides being liable to any punishment that may be awarded on conviction of any offence committed by him under the provisions of the Indian Penal Code.
Section 15. License for residing at the Settlement
No person shall reside at the Settlement of Port Blair or any other Settlement as aforesaid beyond the period of one month, 01 after the departure of the vessel by which he was conveyed to such Settlement, except lie shall hold a license granted by some person empowered in that behalf by the Governor-General of India in Council; and any person who shall so reside without such license shall forfeit and pay a sum not exceeding five hundred Rupees. Such person may be required to remove himself from the Settlement in which he shall be within such time as the Superintendent or other Officer appointed as provided in Section I of this Act shall direct, and if he shall fail so to do he shall forfeit and pay a sum not exceeding five hundred Rupees, and may further be shipped and removed from the Settlement by any vessel that the Superintendent or other Officer aforesaid shall appoint for that purpose.
Section 16. Conditions of license to be determined by Governor-General in Council
The Governor-General of India in Council may determine the conditions upon which a license to reside in the settlement of Port Blair or any other Settlement as aforesaid shall be granted. The conditions so determined shall be inserted in the license: and if the holder of any such license shall fail to conform to, or shall infringe, any of the conditions therein specified, he shall forfeit and pay any sum specified therein as a forfeiture payable for any neglect or infringement of such conditions. Such person may also be required to remove himself from the Settlement in which he shall be, and his failure so to do may be enforced as provided in the last preceding Section.
Section 17. Imposition and recovery of forfeitures
The forfeitures incurred under this Act may be imposed by any Officer exercising the authority of Magistrate within the Settlement, of Port Blair, and the payment of the sum may be enforced by distress and sale of the goods and chattels of the - offender, or in the case of the Master or Commander of a vessel, by the distress and sale of such vessel and the tackle, apparel, and furniture thereof: and in default of the recovery of any sum forfeited and payable under this Act, the offender may be imprisoned in the Civil Jail for a period of one month if such sum be not sooner paid.