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5E. When, after inspecting any Railway or portion of a Railway or

any rolling-stock used thereon, any officer Governor General in Council appointed under section 5A reports to the empowered to close Railway.

Governor General in Council that in his opinion the use of the Railway or portion or of any specified rolling-stock will be attended with danger to the public using it, the Governor General in Council may, by order, direct that the Railway or portion be closed for the public conveyance of passengers, or that the rolling-stock so specified shall no longer be used, as the case may be.

"5F. (1) When a Railway or portion of a Railway has been closed

under section 5E, it shall not be re-opened for Re-opening of Railway,

the public conveyance of passengers unless and until it has been inspected, and its opening sanctioned, in accordapce with the provisions of section 58.

(2) When the Governor General in Council has directed under section 5E that any rolling-stock shall not be used, the rolling-stock shall not be used unless and until an officer appointed under section 5A reports that it is fit for use and the Governor General in Council sanctions its use."

3. In section eight of the said Act, in clause(r), the word "and" shall

be omitted, and after clause (d) the following Admendment of, and addition

clause shall be, and be deemed to have always to, section 8.

been, inserted :

(dd) for regulating the conduct of the Railway-servants, and”,

New section to be substituted for section 21 of Act IV. of 1879.

4. For section twenty-one of the said Act the following section shall be substituted :

re

“21. Any Railway Administration opening or using, in contravention

of section five, section 5B, or section 5C, any Penalty for opening or opening Railway in contraven

Railway, or any portion or extension of, or tion of sections 5 and 5F, and addition to, a Railway, or keeping, in contrakeeping open after order under

vention of an order of the Governer General section 5E.

in Council under section 5E, any Railway or portion thereof open, or re-opening, in, contravention of section 5F sub-section (1), any Railway or portion thereof, or using, in contravention of section 5F, sub-section (2), any rolling-stock, shall forfeit to Government the sum of one thousand rupees for every day during which the Railway, portion, extension or addition remains open or is used in contravention of any of those sections or of the order of the Governor General in Council, as the case may be, or during which the rolling-stock is so used."

X189. 'sa vilgi389-14

· X1191

383.

Act No. V. of 1883.
RECEIVED THE ASSENT OF THE GOVERNOR GENERAL ON THE

23RD FEBRUARY, 1883. THE INDIAN MERCHANT SHIPPING ACT, 1883.

CONTENTS.

Sections, 20. Power for Local Government to $18.

pend or cancel certificates in certain

cases.

CHAPTER I.

PRELIMINARY. Bections. 1. Short title.

Extent.

Commencement. 2. Repeal of enactments. 3. Definitions. 4. Saving and provision as to powers for

removal of master.

21. Obligation to deliver up cancelled or

suspended certificates. 22. Report to other Local Governments. 23. Report to Board of Trade. 24. Power to revoke cancellation or sus.

pension and grant new certificate.

CHAPTER IV.

AGREEMENTS WITH SEAMEN, 25. Chapter to be read with Act I. of 1859. 26. Masters to enter into agreements

with seamen. 27. Form and contents of agreement. 28. Scale of provisions to be furnished to

lascars. 29. Stipulation where lascars are shipped. 30. Forms for British or Colonial ships.

CHAPTER II. INVESTIGATIONS INTO SHIPPING CASUALTIES.

5. Chapter not to apply to certain ships. 6. Report of casualties to be made to

Local Government. 7. Power of Local Government to appoint

special Court of Investigation. 8. Power for other Courts to hold in.

vestigations into casualties when

so directed. 9. Power for Court of Investigation to

inquire into charges against mas

ters, mates and engineers. 10. Power for Local Government to di.

rect investigation into charges of

incompetency or misconduct. 11. Person accused to be heard. 12. Powers of Courts as to evidence and

regulation of proceedings. 13. Assessors. 14. Power to arrest witnesses and cause

entry and detention of vessels. 15. Power to commit for trial and bind

over witnesses. 16. Depositions. 17. Beport by Court to Local Govern.

ment.

CHAPTER V.

HEALTH-OFPICERS. 31. Addition to Act XII. of 1875.

CHAPTER VI.

MISCELLANEOUS. 32. Power to appoint persons to sue. 33. Proceedings to be instituted in name

of Secretary of State for India in

Council. 34. Amendment of Seotion 10 of Act I. of

1859. 35. Addition to Section 11 of Act I of

1859. 36. Amendment of Section 79 of Act I. of

1859. 37. Provisions as to examinations, &c., of

masters not to apply to certain ships, 38. Amendment of Act X. of 1841, Sec.

tions 2, 15, 17 and 23.

CHAPTER III. SUSPENSION AND CANCELLATION OF CERTI. FICATES AND GRANT OF FRESH CERTIFICATES. 18. Saving of power to cancel and 80s.

pend certificates ander English Acts. 19. Power to issue local certificates in

lien of cancelled or suspended cer.

tificates.

An Act for the further amendment of the law relating to

Merchant Shipping.

WHEREAS it is expedient to amend the law relativg to investigations into casualties affecting ships and cbarges against masters, mates, and engineers;

and whereas it is also expedient to provide, in other respects hereinafter appearing, for the regulation and control of Merchant Shipping;

It is boreby enacted as follows:

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2. (1) The Indian Merchant Shipping Act, 1875, and Act XIII. of

1878 (an Act to provide for the recovery in Repeal of enactments.

British India of wages due to, and expenses incurred in respect of, certain seamen and apprentices, and to amend the Indian Merchant Shipping Act, 1875, and the Indian Ports Act, 1875), are hereby repealed.

(2) But all proceedings commended, officers appointed, powers XT1/91521 conferred, investigations held, certificates cancelled or suspended, agreements made and persons authorized under the said Acts or either of them, shall be deemed to have been respectively commenced, appointed, conferred, held, cancelled or suspended, made and authorized under this Act.

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á ship” includes every description of vessel used in navigation not pro-?fx/97 588

, pelled by oars; and

rimaster" means any person (except a pilot or harbour-master) having*s*x)47 83192 for the time being control or charge of a ship.

1883. A 5 § 4-6

to

4. (1) Nothing in this Act shall affect the powers conferred by section

two hundred and forty of the Merchant Saving and provision as powers for removal of master.

Shipping Act, 1854(a), or by section eighty of

Act I. of 1859 (for the amendment of the laun 'Sen xuy 91 relating to Merchant Shipping), on Courts having admiralty jurisdiction in

India.

(2) The powers conferred by the last mentioned enactment may, at any port in British India where there is no Court having admiralty jurisdiction, be exercised by the principal Court of ordinary criminal jurisdiction at

that port.

CHAPTER II.

vilat

INVESTIGATIONS INTO SHIPPING CASUALTIES. 5. Nothing in this chapter shall apply to any ship belonging to, or Chapter not to apply to certain

in the service of, Her Majesty or of the ships.

Government of India, or belonging to any foreign Prince or State.

6. (1) Whenever any Magistrate, or any officer appointed by the Report of casualties to be Local Government in this behalf, receives made to Local Government. credible information that

(a) any ship has been lost, abandoned, stranded or materially damaged on or near the coasts of British India; or

(b) by reason of any casualty happening to; or on board of, any ship on or near those coasts, loss of life has ensued.; or

(c) any ship has caused loss or inaterial damage to atiy other ship on or near those coasts; or

(it) any such loss, abandonment, stranding, damage dr casualty has happened elsewhere to, or on board of, any British ship, and any competent witnesses thereof have arrived or are to be found at any place in British India ; or

'Sunno 579 58 Vie...

5472.

S. 4 (a).-S. 240 of 17 and 18 Vic. c. 104 is as follots :-
Any Court having Admiralty jurisdiction in any of Her Majesty's dominions may,

upon application by the owner of any ship

being within the jurisdiction of such court, Power of Admiralty Courts to remote master.

or by the part owner or consignee, or by

the agent of the owner, or by any certificated mate, or by one-third or more of the crew of such ship, and upon proof on oath to the satisfaction of such court that the removal of the master of such ship is necessary, remove him accordingly; and may also, with the consent of the owner or his agent, or the consignee of the ship, or if there is no owner or agent of the owner or consignee of the ship within the jurisdiction of the court, then without such consent, appoint a new master in his stead; and may also make such order,

and may require such security in respect of costs in the matter, as it thinks fit."

'Sulledao

(e) any British ship is supposed to have been lost, and any evidence cau be obtained in British India as to the circumstances under which she proceeded to sea or was last heard of;

he shall forthwith report in writing the information to the Local Government.

(2) In the cases mentioned in clauses (a), (b) and (c), the master, pilot, harbour-master, or other person in charge of the ship, or (where two ships are concerned) in charge of each ship, at the time of the loss, abandonment, stranding, damage or casualty, and

in cases under clause (d), where the master of the ship concerned, or (except in the case of a loss) where the ship concerned, proceeds to any place in British India from the place where the loss, abandonment, randing, damage or casualty has occurred, the master of the ship,

shall, on arriving in British India, give immediate notice of the loss, abandonment, stranding, damage or casualty to the nearest Magistrate, or, wlien be arrives at a port in British India, to the officer appointed(a) as aforesaid at that port.

(3) Any person bound to give notice under this section and wilfully 15/99.59: failing to give the same shall be punished with fine which may extend to *sposgviesa five hundred rupees, and, in default of payment, tə simple imprisonment for 2 & term which may extend to three months.

(41'6 C
7.
(1) If in any such case a formal investigation into the facts mention. Su 1945

ed in section six, clause (a), (b), (c), (d), or (e), otuch unktis Power for Local Government appears to the Local Government to be requisite a lw eu. 76 to appoint special Court of Investigation.

or expedient, the Local Government (whether

the notice is given or not) may appoint a special Court, consisting of not less than two nor more than four persons, and direct that Court to make the investigation, and may fix the place for making the same.

(2) One of the members of the Court shall be a Magistrate acting in or near the place where the investigation is made ; another shall be some person conversant with maritime affairs; and the other or others (if any) shall be conversant with either maritime or mercantile affairs. 8. Every Court having admiralty jurisdiction in British India, and the su Vials.

principal Court of ordinary criminal jurisdicPower for other Courts to hold

tion at every port of British India where investigations into casualties when

there is no Court baving admiralty jurisdiction, so directed. 3 or by such ffin as the cared host has powered in the behalf

is hereby authorized, when so directed by the Local Governments to make the investigations referrred to in section seven.

's. 728 xil/q1 s. 2 (2) Sah

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01/915.11

G. G. 1884, p. 132,

8. 6 (2) (a).-The Port officers at Bombay and Aden are so appointed. Ib. 1885,

p. 896,

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