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3. Bombay Act III. of 1879 is hereby repealed, and all fees levied and Repeal of Bombay Act III of
every declaration, appointment, or rule made 1879.
under that Act shall be deemed to have been levied and made under this Act.
4. In this Act the term “ landing-place” includes a bandar, wharf, Landing place and Commis. pier, jetty, hard, and any place used for the sioner defined.
landing, shipping, wharfage, cranage,
storage of goods; and the term “Commissioner" shall include the Commissioner im Sind, asthi Pri the Political Resident at Aden and the Chief Customs Authority for the
Presidency of Bombay.
5. It shall be lawful for the Governor limits of bandars, &c., and the in Council from time to time by notification fees to be levied.
in the Bombay Government Gazetie and other
local official Gazette(a) to define the limits of any port to which this Act is made appli
cable when such limits have not been defined under the Indian
Ports Act, 1875; (1)) to determine what are public landing-places to which the prori
sions of this Act shall apply ;
being in force ;
(1) for the landing, shipping, wharfage, cranage, storage or de murrage of goods at; and
(2) for permitting animals or vehicles to bring or remove goods to or from, or to ply for hire at ; and
(3) for permitting vessels or boats to approach or lie alongside any such landing-place :
Provided that it shall be lawful for the Governor in Council at any time to exempt any goods, vessel, boat, animal or vehicle, either wholly or partially, from any fee to which the same may be liable under this section.
6. The levy of fees under this Act shall be made and all other powers Powers and duties under this
and duties conferred and imposed by this Act by whom to be exercised and Act or by any byelaws made hereunder, shall performed
be exercised and performed by such officers as the Governor in Council shall from time to time direct, or by such persons as he shall from time to time direct in this behalf.
8.5.-For Karachi, see G. G. 1882, p. 1082; 16. 1883, p. 111; 1b. 1884, pp. 169, 363, 783. For Aden, see G. G. 1883, p. 568.
7. The officers and persons whose duty it may be to levy fees under
this Act shall have the same powers for Powers, privileges and liabilities of officers who collect fees.
collecting and enforcing payment of the same
as are exercisable under the provisions of any law, for the time being in force, in respect of duties of sea customs by the Collector of Customs and his subordinates, and shall have the same privileges and be subject to the same liabilities in respect of any thing done by them in collecting and enforcing payment of the said fees as the said Collector of Customs and his subordinates have, or are liable to; under the provisions of any such law. The law for the time being in force for the punishment of offences
relating to the levy or payment of duties of Punishment of offenders.
sea-customs, and for the reward of informers, shall, as far as may be, apply to similar offences committed in respect of the said fees. 8. Tables of the fees leviable under this Act shall be posted up in
some eonspicuous position at every landingTables of fees to be posted up. place at which such fees are leviable, in English and the Vernacular language of the district, province, or territory in which the port is situate. 9. The Commissioner may, within the district, province or territory
under his charge, and in respect of any other Power to make Bye-laws.
port or ports, to which the provisions of this Act may hereafter be extended,.the chief Customs Authority for the Presidency of Bombay may; with the previous sanction of Government, from time to time make, and from time to time alter or repeal, bye-laws not inconsistent with the provisions of this Act :
(a) regulating the use of every landing place to which this Act
applies; (b) providing for the management of the traffic over, on or about
and to and from every such landing-place; and (c) generally for the guidance of all persons in matters connected
with the enforceinent of this Act. The bye-laws go made, and every alteration of the same and every order repealing the same or any portion thereof, shall be published in the Bombay Government Gazette and other local official Gazette.
10. The proceeds of all fees realized Fees realized unier this Act how to be applied.
under this Act in any port to which this Act
applies shall be applied in such port: (a) in payment of the expenses of the administration of this Act; S. 7.-See Chapter XVI, of Act VIII. of 1878. S. 9.- For Karachi, see G. G. 1882, p. 1102 ; Ib. 1884, p. 73.
(b) in defraying the cost of acquiring or constructing new landing
places required for the convenience of the trade of such port; (c) in maintaining and improving any existing landing-place and
generally in the improvement of such port. Accounts of all receipts and expenditures under this Act shall be pub
lished once in every year in the Bombay GovernYearly accounts to be published. ment Gazette and other local official Gazette. RX1/98 5.2 l/h
(11. The less of wharfage dues made in any Port in conformity with och. Î Pon.
notifications or orders of the Governor Indemnity section
in Council prior to the coming into force of Bombay Act III. of 1879 or of this present Act in such port shall be deemed to have been lawfully made, and all officers are hereby indemnified in res. pect of anything done by them under the authority of the said notifications or orders which might have been done if the said notifications or orders had been lawfully made, and no suit shall be maintained against Government or against any officer of Government in respect of anything so tone.
Act No. I. of 1883. (Central Provinces.)
Act No. II. of 1883.
ReceivED THE ASSENT OF THE GOVERNOR GENERAL ON THE 26TH JANUARY
An Act to amend the Elephants Preservation Act, 1879.
1879, in manner hereinafter appearing; It is Preamble.
hereby enacted as follows: For section 4 of the said Act, the following shall be substituted, namely:Rights of Government with
“4. Every wild elephant captured, and respect to certain elephants and the tusks of every wild elephant killed, by any tusks.
person not licensed under this Act, shall be the property of Government."
Act No. III. of 1883. (Bengal.)
Act No. IV. of 1883.
R. 14/90 02 (1jt schi RECEIVED THE ASSENT OF THE GOVERNOR GENERAL ON THE 16TH FEBRUARY,
An Act to amend the Indian Railway Act, 1879.
manner hereinafter appearing; It is hereby
enacted as follows:
1. This Act may be called the Indian
Railway Act, 1883;
and it shall come into force at once.
2. For section five of the said Act the New sections substituted for
following sections shall be substituted, section 5 of Act IV. of 1879.
A Railway, or portion or extension of, or addition to, a Railway,
shall not be opened for the public conveyance Railway when to be opened.
of passengers until the Railway Administration has given to the Governor General in Council notice in writing of the intention of opening the same, and until the Governor General in Council has by order sanctioned the opening of the same.
“ 5A. The Governor General in Council Governor General in Council
may from time to time appoint, by name or by may appoint Inspecting-officers.
virtue of their office, officers to be Inspectingofficers under this Act.
“5B. (1) The sanction referred to in section five shall not be given
until an officer appointed under section 5A Sanction not to be given until
has, after inspection of the Railway, portion, after report by Inspecting-officer.
extension or addition, as the case may be, reported to the Governor General in Council that in his opinion the opening of the same would not be attended with danger to the public using it.
“(2) Notwithstanding anything hereinbefore contained, the Governor General in Council may, in any particular case or in any particular class of cases, by special order, confer on any officer appointed under section 5 A power to sanction the opening of a Railway, portion, extension or addition, if in the officer's opinion the opening of the same will not be attended with danger to the public using it.
“(3) In such case it shall not be necessary to make the report required by sub-section (1); but the Governor General in Council may by order cancel the sanction given under sub-section (2), or direct that the sanction shall be subject to such conditions as he thinks fit.
“ (4) The sanction given under this section may be either absolute or subject to such conditions as the Governor General in Council, or the officer appointed under section 5 A, as the case may be, thinks necessary for the safety of the public.
“(5) When sanction for the opening of any Railway, or portion or extension of, or addition to, any Railway is given subject to conditions, and the Railway Administration fails or neglects to fulfil, or comply with, those conditions, the sanction shall on the failure or neglect forth with be deemed to be void, and the Railway, or portion, or extension, or addition, as the case may be, shall not be used unless and until sanction is again obtained under this section for the opening thereof.
"5C. If, after a Railway has been opened as hereinbefore provided, When alterations affecting
any portion of it is so altered by the Rail. safety of passengers are made in way
Administration as to cause danger to, Railway, sanction to be again or affect the safety of, passengers carried obtained for opening.
thereon, the portion so altered shall not be used for the public conveyance of passengers, unless and until sanction is obtained, in accordance with the provisions of section 5B, for the opening of it. “ 5D. (1) Every officer appointed under section 5A shall, for the pur
pose of the inspection, be deemed to be a Powers of Inspector of Railways. public servant within the meaning of the Indian Penal Code, and shall, subject to the control of the Governor General in Council, have the following powers, namely :
“(a) he may enter on and inspect any Railway or portion thereof
which has been opened for the public conveyance of pas.
sengers, or any rolling-stock used thereon ; "(b) he may, by an order in writing under his hand, require
the attendance of any Railway-servant whom he thinks fit to call before him and examine for the said purpose, and may require any such servant to answer, or furnish returns regarding, such inquiries for the said purpose as
he thinks fit to make; "(c) he may require and enforce the production of all books, papers
and documents belonging to or in the possession of any Railway Administration which in his opinion are necessary
for the said purpose. “ (2) Every Railway Administration whose Railway or rolling-stock is being inspected under this Act shall afford all reasonable facilities for making the inspection to the officer making it,