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61. Except in the case of offences under rules made under section

fifty-one, no Magistrate shall try an offence Jurisdiction of Magistrates.

under this Act, or the rules under it, unless he is a Presidency Magistrate, or a Magistrate whose powers are not less than those of a Magistrate of the first class. 62. If any person commits an offence against this Act or the rules

made under this Act, he shall be triable for Place of trial.

the offence in any place in which he may be found or which the Local Government, from time to time, by notification in the official Gazette, directs in this behalf, or in any other place in which he might be tried under any other law for the time being in force. 63. Nothing in this Act shall prevent any person from being prose

cuted under any other law for any act or Saving of prosecutions under

omission which constitutes an offence against other Acts.

this Act or the rules made under this Act, or from being liable under that other law to any other or higher punishment or penalty than that provided by this Act or the rules made under this Act :

Provided that a person shall not be punished twice for the same offence.

CHAPTER IX.

SUPPLEMENTAL. 64. The Local Government may, from time to time, with the previous

sanction of the Governor General in Council, Power for Local Government to exempt certain inland steam. by notification in the local official Gazette, vessels from Chapters II. and declare that all or any of the provisions of III.

Chapters II. and III. of this Act shall not apply in the case of any specified class of steam-vessels, or shall apply to them with such modifications as the Local Governinent prescribes.

65. The Local Government may, from time to time, by notification Power for Local Government

in the official Gazette, define how much of to define tidal water.

any tidal water shall be deemed to be an inland water for the purposes of this Act.

66. All fees payable under this Act may Fees recoverable as fines.

be recovered as fines under this Act. 67. Nothing in this Act or in any rule made under this Act shall Exemption of Government apply to any steam.vessel belonging to, or in vessels.

the service of, Her Majesty or the Government of India.

S. 64.- The provisions of Chapter III. are declared to apply to all steamers plying on the river Indus, subject to certain modifications. G G. 1888, p. 10. 58

457

68. Every master of an inland steam-vessel who possesses a master's

certificate duly granted under this Act and Certificated masters of inland steam-vessels to be deemed pilots

then in force shall, in ports to which section under Act XII. of 1875.

38 of the Indian Ports Act, 1875, has been extended, be deemed, for the purposes of that section, to be the pilot of the steam-vessel of which he is in charge.

(2) Nothing in this section shall be deemed to affect the provisions of Bombay Act I. of 1863, which require persons in charge of vessels passing through any of the channels or tidal channels at the mouths of the River Indus to pay fees for pilotage.

69. (1) A Local Government making Procedure for making, publi

rules under this Act shall, before making cation and confirmation of rules.

the rules, publish a draft of the 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 Local Government 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 until it has been sanctioned by the Governor General in Council and 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 sanctioned.

(7) All powers to make rules conferred by this Act may be exercised from time to time as occasion requires.

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3. 69(2).-See G. G. 1885, p. 1213.

(6) Acts of the Governor of Bombay in Council.

Number and year.

Subject or short title.

Extent of repeal.

II. of 1864 To provide for the periodical survey of steam-vessels in The whole, except

the ports, harbours, rivers or waters of the presi section 15.

dency of Bombay.
IV. of 1873.......... To amend Bombiny Act II. of 1864, providing for the The whole.

periodical survey of steain-vessels, and to provide for
the examination of engineers of steam-vessels.

(c) Acts of the Lieutenant-Governor of Bengal in Council, (Omitted.)

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RECEIVED THE ASSENT OF THE GOVERNOR GENERAL ON THE

29T8 FEBRUARY, 1884.
THE INDIAN STEAM-SHIPS ACT, 1884.

CONTENTS

CHAPTER II.

SURVEY OF STEAH-SHIPS.

CHAPTER I.

PRELIMINARY. Sections. 1. Short title.

Extent. 2. Commencement. 3. Definitions.

Sections
4. Steam.ship not to carry passengers

without a certificate of survey.
5. Exception of certain steam-ships,

Act VII.— The powers conferred on the Governor in Council by this Act are delegated, under S. 2 of Act V. of 1868, to the Coimmssioner in Sind as the Local Government of the Province of Sind. G. G. 1886, p. 334,

AND

28.

Sections. 6. Penalty for carrying passengers

without certificate of survey. 7. No port-clearance until certificate of

survey produced. 8. Power to detain steam.ship not

having certificate of survey. 9. Appointment of sarveyors and ports

of survey. 10. Powers of surveyor. 11. Declaration of surveyor. 12. Sending of declaration by owner or

master to Local Government. 13. Grant of certificate of survey by

Local Government, 14. Fees for certificates of survey. 15. Certificate of survey to be affixed

in conspicuous part of steam-ship. 16. Term of certificates of survey. 17. Cancellation or suspension of certi

ficate of survey by Local Govern

ment. 18. Power to require delivery of expired

or cancelled certificates of

vey. 19. Report of cancellation or suspension

of certain certificates. 20. Power for Local Government to direct

that two surveyors be employed.
21. Power for Local Government to order

a second survey.
22. Division of duties when two

veyors employed.
23. Survey of foreign steam-ships.
24. Power for Local Government to

make rules as to surveys. 25. Power for Local Government to

exempt certain steam-ships.

CHAPTER III. EXAMINATION CERTIFICATES OF ENGI.

NEERS AND ENGINE-DRIVERS. Sections.

26. Appointment of examiners. 27. Grant of engineers' and engine

drivers' certificates of competency, Power for Local Gorernment to cancel

engine-drivers' certificates. 29. Certificates to be made in duplicate. 30. Copy of certificate to be granted in

certain cases. 31. Steam-ships required to carry first

class and second-class engineers, 32. Power for Local Government to

require certain gteam-ships to carry

evgine-drivers. 33. Exemption of inland steam-vessels. 34. Penalty for serving, or engaging a

person to serve, as engineer or

engine-driver without a certificate. 35. Production of certificates. 36. Power for Local Government to make

ruleg as to grant of certificates of competency.

sur

CHAPTER IV. INVESTIGATIONS INTO EXPLOSIONS, 37. Power to investigate causes of explo

sions on board steam-ships.

sur.

CHAPTER V.

SUPPLEMENTAL. 38. Jurisdiction of magistrates. 39. Place of trial. 40. Distress of steam-ship. 41. Amendment of section 13 of Act

VIII. of 1876. 42. Procedure for making, publication

and confirmation of rules. THE SCHEDULE.--Rates of Fees.

An Act to amend the law relating to the Survey of Steam-ships and

the Grant of Certificates to Engineers of those Ships.

Whereas it is expedient to amend the law relating to the survey of Sue /2402. steam-ships and the grant of certificates to engineers of those ships ; It is

hereby enacted as follows:

CHAPTER I.

PRELIMINARY.

1. (1) This Act may be called the Short title.

Indian Steam-ships Act, 1884 ; and

(2) It extends to the whole of British Extent.

India. 2. (1) This Act shall come into force on such day as the Governor

General in Council, by notification in the Commencement.

Gazette of India, appoints(a): (2) Provided that any notification, rule or appointment may be made y.1919201 under this Act at any time after the passing thereof, but, except in the case sch? Pel of a notification under section forty-two, sub-section (2), shall not take effect until the Act comes into force.

3. In this Act, unless there is something Definitions.

repugnant in the subject or context, (1) "steam-ship means every description of vessel used in navigation and propelled wholly or in part by the agency of steam:

(2) “British steam-ship” includes a steam-ship registered under Act XIX. of 1838, Act X, of 1841 or Act XI. of 1850, or under any other law passed by the Governor General in Council and for the time being in force for the registration of ships in India : (3) “master”

means any person (except a pilot or harbour-master) having for the time being control or charge of a steam-ship:

passenger” includes any person carried in a steam-ship other than the master and crew and the owner, his family and servants : and

(5) "prescribed” means prescribed by a rule made by the Local Government under this Act.

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(4)

CHAPTER II.

SURVEY OF STEAM-SHIPS.

4. A steam-ship shall not carry more Steam-ship not to carry pas. sengers without a certificate of than twelve passengers between places in survey.

British India, and a British steam-ship shall not carry more than twelve passengers to or from any place in British India from or to any place out of British India,

unless she has a certificate of survey under this Act in force and applicable to the voyage on which she is about to proceed or the service on which she is about to be employed. S. 2(a).—The 1st December, 1885, is so appointed. G. G. 1885, p. 1212. G 9 I 1885 P!!

"1.6572.

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