3. Bombay Act III. of 1879 is hereby repealed, and all fees levied and every declaration, appointment, or rule made under that Act shall be deemed to have been Repeal of Bombay Act III. of 1879. 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 landing, shipping, wharfage, cranage, storage of goods; sioner defined. or and the term "Commissioner" shall include the Commissioner in Sind, the Political Resident at Aden and the Chief Customs Authority for the Presidency of Bombay. The Governor in Council to fix limits of bandars, &c., and the fees to be levied. 5. It shall be lawful for the Governor in Council from time to time by notification in the Bombay Government Gazette and other local official Gazette (a) to define the limits of any port to which this Act is made applicable when such limits have not been defined under the Indian Ports Act, 1875; () to determine what are public landing-places to which the provi sions of this Act shall apply; (c) to determine the limits of any such landing-place; () to withdraw this Act from any port in which it is for the time being in force; (e) to fix the fees to be levied (1) for the landing, shipping, wharfage, cranage, storage or demurrage 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. S. 5.-For Karachi, see G. G. 1882, p. 1082; Ib. 1883, p. 111; Ib. 1884, pp. 169, 363, 783. 7. The officers and persons whose duty it may be to levy fees under Powers, privileges and liabili ties of officers who collect fees. this Act shall have the same powers for 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 sea-customs, and for the reward of informers, Punishment of offenders. shall, as far as may be, apply to similar offences committed in respect of the said fees. Tables of fees to be posted up. 8. Tables of the fees leviable under this Act shall be posted up in some conspicuous position at every landingplace 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 so 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. Fees realized under this Act how to be applied. 10. The proceeds of all fees realized 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. 75. (b) in defraying the cost of acquiring or constructing new landingplaces 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 Government Gazette and other local official Gazette. Yearly accounts to be published. 11. The lexy of wharfage dues made in any Port in conformity with any 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 respect 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 donc. Act No. I. of 1883. (Central Provinces.) Act No. II. of 1883. RECEIVED THE ASSENT OF THE Governor GENERAL ON THE 26TH JANUARY 1883. An Act to amend the Elephants Preservation Act, 1879. WHEREAS it is expedient to amend the Elephants Preservation Act, 1879, in manner hereinafter appearing; It is hereby enacted as follows:-- Preamble. For section 4 of the said Act, the following shall be substituted, namely: Rights of Government with respect to certain elephants and tusks. the property of Government." "4. Every wild elephant captured, and the tusks of every wild elephant killed, by any person not licensed under this Act, shall be Act No. III. of 1883. (Bengal.) R. IX /90 0.2 (1)+ sch I. Act No. IV. of 1883. RECEIVED THE ASSENT OF THE GOVERNOR GENERAL ON THE 16TH FEBRUARY, 1883. An Act to amend the Indian Railway Act, 1879. WHEREAS it is expedient to amend the Indian Railway Act, 1879, in Preamble. Short title. Commencement. New sections substituted for section 5 of Act IV. of 1879. 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 following sections shall be substituted, namely: "5. 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. Governor General in Council may appoint Inspecting-officers. officers under this Act. "5A. The Governor General in Council may from time to time appoint, by name or by virtue of their office, officers to be Inspecting "3B. (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 after report by Inspecting-officer. has, after inspection of the Railway, portion, 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 5A 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 5A, 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 forthwith 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. When alterations affecting safety of passengers are made in Railway, sanction to be again obtained for opening. "5C. If, after a Railway has been opened as herein before provided, any portion of it is so altered by the Railway Administration as to cause danger to, or affect the safety of, passengers carried 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. Powers of Inspector of Railways. "5D. (1) Every officer appointed under section 5A shall, for the purpose of the inspection, be deemed to be a 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 (b) he may, by an order in writing under his hand, require "(c) he may require and enforce the production of all books, papers "(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, |