Native Passenger Ships Act, 1872 [Repealed]
(Received the assent of the Governor General on the 26th April 1872)
An Act to amend Act XII of 1870 (the Native Passenger Ships Act).
PREAMBLE
Preamble. Whereas it is expedient to amend Act XII of 1870 (the Native Passenger Ships Act); It is hereby enacted as follows:
Section 1. Amendment of Section 2, Act XII of 1870
Instead of section two of the said Act, the following shall he read:
2. Extent of Act. This Act extends to British India and applies also to all subjects of Her Majesty within the dominions of Princes and States in alliance with Her Majesty and to all Native Indian subjects of Her Majesty without and beyond British India.
Act not to apply Ship-of-War & c. Nothing in this Act applies to any Ship-of-War or transport belonging to or in the service of Her Majesty, or to any Ship-of-War belonging to any foreign Prince or State, or to any ship under contract with the Government of any European State.
Power to exempt steamers from operation of Act. The Local Government may, if it thinks fit, exempt any steamer or class of steamers, carrying not more than sixty passengers, being Natives of Asia or Africa, from the operation of this Act, for any period not exceeding one year.
Such exemption may he from time to time renewed for any period not exceeding one year.
Section 2. Amendment of Section 4
Instead of the last paragraph of section four of the said Act, the following shall he read:
Native Passenger Ship. The words Native Passenger Ship mean a vessel, whether sailing or steam, carrying more than thirty passengers, being Natives of Asia or Africa; provided that no person in attendance upon another person other than a Native of India, shall be deemed a passenger for the purposes of this section.
Section 3. Addition to Section 12
After section twelve of the said Act, the following proviso shall be added:
Provided that, in the case of steam ships, the officer aforesaid may, if under the circumstances of the case he thinks fit, reduce the space to be appropriated to passengers in the between-decks under the requirements of this section, to a space containing at the least nine superficial and fifty-four cubical feet of space for every adult passenger on board.
Section 4. Addition to Section 21
After section twenty-one of the said Act, the following proviso shall be added:
Provided also that, in the case of steam ships provided with a condenser, the officer authorized in that behalf may, if under the circumstances of the case he thinks fit, reduce the amount of water to be provided under the requirements of this section to an amount not less than four gallons to every week of the declared duration of the voyage, for every passenger on board.
Section 5. Addition after Section 26
After section twenty-six of the said Act, the following shall be read:
26-A. Penalty on Master of Native Passenger Ship, bound from Turkish to Indian port, entering latter without clean bill of health in breach of Convention. Whenever a Convention shall have been entered into between the Government of Her Majesty the Queen and the Turkish Government, that every Master of a Native Passenger Ship leaving a Turkish port or place and bound for any port or place in British India, whether such ship be owned by a subject of Her Majesty or not, shall execute a bond binding him in a penalty to touch at Aden and not to proceed thence without a clean hill of health, obtained in the manner provided in section twenty-five, any Master of any such ship, whether he he a subject of Her Majesty or not, who shall come into any port or place in British India without such clean hill of health, may he taken by the officer in charge of such port or place before any Magistrate having local jurisdiction; and on proof that such Master has come from a Turkish port or place, such Magistrate, shall presume that such bond was duly executed by such Master and in default of production of such clean bill of health, shall presume that the penalty mentioned in such bond has been incurred; and may award the full amount or any part of such penalty against such Master and, in default of payment of such penalty, may recover it as though it were a fine imposed under this Act.
Section 6. Addition after Section 38
After section thirty-eight of the said Act, the following section shall be added as section thirty-nine:
39. Saving of Act XXV of 1859. Nothing in this Act shall affect the provisions of Act XXV of 1859 (to prevent the overcrowding of vessels carrying Native Passengers in the Bay of Bengal).
Section 7. Act to be read as part of Act XII of 1870
This Act shall he read as part of Act XII of 1870.