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Police-officer, or by the occupier of, or the agent or servant of, or other person authorized by, the occupier of, that place, or by any agent or servant of, or other person authorized by, the railway administration or conservator of the port, and be removed from the place where he is arrested and conveyed as soon as conveniently may be before a Magistrate.
14. Nothing in this Act shall apply to the manufacture, possession, Saving for manufacture, pos
use, sale, transport or importation of any session, use, sale, transport or explosiveimportation by Government.
(a) by order of the Government, or (b) by any person employed under the Government in the execu
tion of this Act, or as a keeper of a magazine, artizan, soldier, sailor, policeman or otherwise, or enrolled as a volunteer under the Indian Volunteers Act, 1869, in the
course of his employment or duty as such. Saving of Indian Arms Act, 15. Nothing in this Act shall affect the 1878.
provisions of the Indian Arms Act, 1878 : Provided that an authority granting a license under this Act for the manufacture, possession, sale, transport or importation of an explosive may, if empowered in this behalf by the rules under which the license is granted, direct by an order written on the license that it shall have the effect of a like license granted under the said Indian Arms Act, 16. Nothing in this Act or the rules under this Act shall prevent any
person from being prosecuted under any other Saving as to liability under other law.
law for any act or omission which constitutes an
offence against this Act or those rules, or from being liable under that other law to any other or higher punishment or penalty than that provided by this Act or those rules :
Provided that a person shall not be punished twice for the same offence.
17. The Governor General in Council may, from time to time, by Extension of definition of
notification in the Gazette of India, declare "explosive" to other explosive that any substance which appears to the Govsubstances.
ernor General in Council to be specially dangerous to life or property, by reason either of its explosive properties
any process in the manufacture thereof being liable to explosion, shall be deemed to be an explosive within the meaning of this Act; and the provisions of this Act (subject to such exceptions, limitations and restrictions as may be specified in the notification) shall accordingly extend to that substance in like manner as if it were inoluded in the definition of the term explosive" in this Act.
18. (1) An authority making rules under this Act shall, before Procedure for making, publi- making the rules, publish a draft of the cation and confirmation of rules. proposed rules for the information of persons likely to be affected thereby.
(2) The publication shall be made in such manner as the Governor General in Council, from time to time, by notification in the Gazette of India, prescribes.
(3) There shall be published with the draft a notice specifying a date at or after which the draft will be taken into consideration.
(4) The authority making the rules shall receive and consider any objection or suggestion which may be made by any person with respect to the draft before the date so specified.
(5) A rule made under this Act shall not take effect if it is made by the Governor General in Council until it has been published in the Gazette of India, and if it is made by the Local Government until it has been published in the local official Gazette.
(6) The publication in the Gazette of a rule purporting to be made under this Act shall be conclusive evidence that it has been duly made, and, if it requires sanction, that it has been duly sanctioned.
(7) All powers to make rules conferred by this Act may be exercised from time to time as occasion requires.
Act No. V. of 1884. (Chutia Nagpur.)
Act No. VI. of 1884.
THE INLAND STEAM-VESSELS ACT, 1884.
1. Short title and extent.
Acts, Regulations and Notifications.
master to Local Government, 11. Grant of certificate of survey by Local
Government. 12. Fees for certificates of survey. 13. Certificate of survey to be affixed in
conspicuous part of steam.vessel. 14. Term of certificates of survey. 15. Cancellation or suspension of cortis.
cate of survey by Local Government.
on voyage without a certificate of
Sections. 16. Power to require delivery of expired
or cancelled certificate. 17. Report of cancellation or suspension
of certain certificates. 18. Power for Local Government to
direct that two surveyors be em
ployed. 19. Power for Local Government to order
a second survey. 20. Division of duties when two surveyors
employed. 21. Power for Local Government to make
rales as to surveys.
85. Person accused to be heard.
regulation of proceedings.
entry and detention of vessels. 39. Power to commit for trial and bind
over witnesses. 40. Depositions. 41. Report by Court to Local Government. 42. Power to investigate causes of explo
sions on board inland stoam-vessels.
MASTERS AND ENGINEERS OP INLAND
STEAM-VESSELS. 22. Appointment of examiners. 23. Grant of masters' certificates of com.
petency. 84. Grant of engineers’and engine-drivers'
certificates of competency. 25. Power for Local Government to re.
quire re-examination or further in.
quiry. 26. Certificates to be made in duplicate. 37. Copy of certificate to be granted in
certain cases. 28. Number of engineers and nature of
certificatos necessary in case of
different steam-vessels. 29. Power for Local Government to make
ralos as to grant of certificates of competency.
FROM DANGER BY FIRE. 47. Power for Governor General in Coun.
cil to declare dangerous goods. 48. Carriage of dangerous goods. 49. Power to throw overboard dangerous
goods. 50. Power for Local Government to make
rules for protection of inland steamvessels from danger by explosion or fire.
STEAM-VESSELS. 51. Power for Local Government to make
rules for the regulation of the car. riage of passengers in inland steam.vessels.
INVESTIGATIONS INTO CASUALTIES. 30. Report of casualties to be made
to Local Govornment. 81. Power for Local Government to ap.
point special Court of Investigation. 82. Power for principal Court of ordinary
oriminal jurisdiction to hold investigations into casualties when 80
directed 38. Power for Court of Investigation to
inquire into charges against masters,
engineers and engino-drivers. 84. Power for Local Government to direot
investigation into charges of incom. potency or misconduct.
CHAPTER VIII. PENALTIES AND LEGAL PROCEEDINGS. 52. Penalty for inland steam-vossel mak.
ing a voyage without certificate of
survey. 53. Penalty for nogloct to affix certificate of survey in inland steam-vessel.
deliver up certificate of survey.
person to serve, as master, engineer
or engine.driver without certificate. 56. Penalty for master failiug to give
notice of wreck or casualty. 57. Penalty for master, engineer or
engine driver failing to deliver up
cancelled or suspended certificate. 58. Penalty for taking dangerous goods
on board inland steam-vessel with
out notice. 59. Penalty for misconduct endangering
inland steam-ves el or life or limb. 60. Distress of inland steam-vessel, 61. Jurisdiction of Magistrates. 62. Place of trial. 63. Saving of prosecutions under other
64. Power for Local Government to er
empt certain inland steam-Fessels
from Chapters II. and III. 65. Power for Local Government to
define tidal water. 66. Fees recoverable as fines. 67. Exemption of Government ressels. 68. Certificated masters of inland steam.
vessels to be deemed pilots ander
Act XII. of 1875. 69. Procedure for making, publication and
confirmation of roles.
The First SCHEDULE.--Acts repealed.
An Act to amend the law relating to the Survey, and the Examination and Grant of Certificates to Engineers, of Inland Steam-vessels, and
to provide for certain other matters relating to those vessels. Whereas it is expedient to amend the law relating to the
of inland steam-vessels and the examination and grant of certificates to engineers of those vessels ;
And whereas it is also expedient to provide for the grant of certificates to the masters of inland steam-vessels, and for investigations into casualties affecting, and into charges against masters and engineers of, those vessels, and for the protection of passengers and goods carried thereon from danger by fire and for the regulation of the carriage of passengers therein;
It is hereby enacted as follows:
1. (1) This Act may be called the Inland Short title and extent.
Steam-vessels Act, 1884. (2) It exterds in the first instance to the whole of British India, except the territories administered by the Governor of Fort St. George in Council.
(3) But the Governor of Fort St. George in Council may, at any time, by notification in the local official Gazette, extend this Act or any part thereof to the whole or any part of the territories under his administration.
2. (1) "This Act shall come into force in the whole of British India,
except the territories administered by the Commencement.
Governor of Fort St. George in Council, on such day as the Governor General in Council, by notification in the Gazette of India, directs(a).
(2) If the Governor of Fort St. George in Council extends this Act or any part thereof to the whole or any part of the territories under his adiuinistration, the Act or part so extended shall come into force in the local area to which it is so extended on such day as the Governor in Council, by the notification extending the Act or part, directs.
(3) Provided that any notification, rule or appointment may be made under this Act at any time after the passing thereof, but, except in the case of a notification under section sixty-nine, sub-section (2), shall not take effect until the Act or part thereof, under which the notification, rule or appointment is made, comes into force. 3. (1) On and from the day on which this Act comes into force,
elsewhere than in the territories administered Ripeal of enactments.
by the Governor of Fort St. George in Council, the Acts mentioned in the first column of the first schedule hereto annexed shall be repealed to the extent mentioned in the third column thereof.
(2) But all proceedings commeneed, investigations held, and certificates xi/91a2v1 granted, cancelled or suspended under any of the said Acts shall be deemed to have been respectively commenced, held, granted, cancelled or suspended under this Act or under the Indian Steam-ships Act, 1884, as the case may be.
(3) For the purposes of the last foregoing sub-section, a certificate granted to the commander of an inland steam-vessel under Bengal Act VII. of 1879 (to provide for the proper management of certain inland steamvessels) shall be deemed to be a first-class master's certificate granted under this Act; and an engineer's certificate, whether of competency or service, granted under any other of the Acts repealed by this Act shall be deemed to be an engineer's certificate granted under this Act or a first-class engineer's certificate granted under the Indian Steam-ships Act, 1884, as the case may be.
4. When in any Act, Regulation or Notification passed or issued Reference to repealed Acts in
before this Act comes into force, reference is other Acts,
Regulations and made to any Act repealed by this Act, the Notifications.
reference sball, so far as may be practicable, be read as applying to this Act or the Indian Steam-sbips Act, 1884, or the corresponding part of this Act or that Act, as the case may be.
5. In this Act, unless there is something Definitions.
repugnant in the subject or context,(1) "vessel” includes anything made for the conveyance by water of human beings or of property : 8. 2 (1) (a). -The 1st December, 1885, is the day directed. G. G. 1885, p. 1212.