The Calcutta Port (Pilotage) Act, 1948

THE CALCUTTA PORT (PILOTAGE) ACT, 1948

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THE CALCUTTA PORT (PILOTAGE) ACT, 1948 ____________ ARRANGEMENT OF SECTIONS _________ SECTIONS 1. Commissioners’ duty to maintain pilots. Pilot age fees and fines and penalties levied under the Act. Power to transfer moneys from the general account to pilot age account and vice versa. Application of certain provisions of Bengal Act 3 of 1890.

THE CALCUTTA PORT (PILOTAGE) ACT, 1948

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Section 1 — Short title and commencement

Section 2 — Definitions

Section 3 — Commissioners’ duty to maintain pilots

Section 4 — Appointment of pilots

Section 5 — Rules regulating Pilots

THE CALCUTTA PORT (PILOTAGE) ACT, 1948 ACT NO. 33 OF 1948 [16th April, 1948.] An Act to provide for the transfer of control over pilotage on the River Hooghly to the Commissioners for the Port of Calcutta. WHEREAS it is expedient to provide for the transfer of control over pilotage on the River Hooghly to the Commissioners for the Port of Calcutta and for other matters incidental thereto, and to make certain consequential amendments in the Calcutta Pilots Act 12 of 1859; It is hereby enacted as follows:— 1. Short title and commencement.—(1) This Act may be called the Calcutta Port (Pilotage) Act, 1948. 1 (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf. Definitions.—In this Act, unless there is anything repugnant in the subject or context, — (a) “Appointed day” means the date on which this Act comes into force; (b) “Commissioners'' means the Commissioners for the Part of Calcutta incorporated under the Calcutta Port Act, 1890 (Ben, Act 3 of 1890); (c) “Hooghly area” means the part, of the Hooghly River extending from the Port of Calcutta to the sea to which section 31 of the Indian Ports Act, 1908 ( 15 of 1908), has been extended.

6. Levy of pilotage fees.—As from the appointed day the Commissioners shall be entitled to levy

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Section 6 — Levy of pilotage fees

Section 7 — Pilot age fees and fines and penalties levied under the Act

Section 9 — Power to transfer moneys from the general account to pilot age account and vice versa

Section 10 — Application of certain provisions of Bengal Act 3 of 1890

Levy of pilotage fees.—As from the appointed day the Commissioners shall be entitled to levy fees for the pilot age of vessels in the Hooghly area at rates fixed under the Indian Ports Act, 1908 (15 of 1908). Pilot age fees and fines and penalties levied under the Act.—All fees for pilotage and all fines and penalties levied under this Act from pilot or other persons employed in the pilot service, except fines and penalties imposed by a Court, shall be accounted for and expended by the Commissioners in accordance with the provisions of section 36 of the Indian Ports Act, 1908 (15 of 1908).] 8. [Expenditure in pilotage account.]— Repealed by the Port Trust and Ports (Amendment) Act, 1951 (35 of 1951), s. Power to transfer moneys from the general account to pilot age account and vice versa.—The Commissioners shall have the power, with the previous sanction of the Central Government, to apply 2 [any sum out of] the moneys credited to the general account towards meeting deficits, if any, in the 3 pilotage account [maintained under section 36 of the Indian Ports Act, 1908 (15 of 1908)] and to transfer 3 the whole or [part of the surplus funds, if any, in such pilot age account] to the general account. Application of certain provisions of Bengal Act 3 of 1890.—Section 18, 19, 24B, 29 to 34 (both inclusive), 47 to 54 (both inclusive), 55, 57, 58 and 69 to 80A (both inclusive) of the Calcutta Port Act, 1890 are hereby incorporated in this Act subject to the following modifications, namely:— (a) That the references in the said sections to the Calcutta Port Act, 1890 (Ben. Act 3 of 1890) shall be taken as references to this Act; (b) That in clause (b) of section 19, for the words “the tolls, dues, rates, rents and charges”, the words “the pilotage fees” shall be substituted; (c) That the proviso to sub-section (2) of section 30 shall be omitted; (d) That in sub-section (1) of section 34, the words “the Deputy Chairman or to” shall be omitted. (e) That sub-section (2) of section 34 shall be omitted.] 11. [Amendment of the Calcutta Pilots Act 12 of 1859] Rep. by the Repealing and Amending Act, 1950 (Act 35 of 1950), s. 195, ibid., for “part of the surplus funds in the pilotage account”.