The Calcutta Port Act, 1890

S.Chapter II Of the Constitution of the Port Commission

S.17 Disqualification of Commissioners

'(1) A person shall be disqualified to be a Commissioner if he—

• (a) is an undischarged insolvent, or
• (b) has been convicted and sentenced to imprisonment for an offence involving moral turpitude punishable with imprisonment for a term exceeding six months, or to transportation, such conviction not having been subsequently reversed or quashed, unless the Central Government has by order removed the disqualification.

(2) Every person other than an ex-officio Commissioner or a Commissioner appointed by the Central Government by virtue of an office,—

• (a) who, at any time after he becomes a Commissioner, shall be absent from six consecutive meetings without having the permission in that behalf of the Commissioners or who having such permission shall be absent from the meetings for period exceeding one year ; or
• (b) who shall, at any time after he becomes a Commissioner, accept or agree to accept any office or place of profit under this Act ; or
• (c) who shall, save with the sanction of the Central Government participate or agree to participate in the profits of any work done by order of the Commissioners or be concerned or participate in the profits of any contract entered into with the Commissioners ; or
• (d) who becomes disqualified for any of the reasons mentioned in sub-section (1) ; or
• (e) who acts in contravention of the provisions of section 17A, shall thenceforth cease to be a Commissioner and his office shall thereupon become vacant :

' Sections 17 and 17A were substituted for the original section 17 by s. 75 of the Port Trusts and Ports (Amendment) Act, 1951 (XXXV of 1951).

S.Chapter III Of the Borrowing Powers of the Commission.— Sections 27D—27F.

S.27D Indorser of debentures or securities not liable for amount thereof.

1 Notwithstanding anything in the Negotiable Instruments Act, 1881, a person shall not by reason only of his having indorsed any debenture or security issued by the Commissioners under this Act be liable to pay any money due either as principal or as interest thereunder.

1 See foot-note 1 on page 28, ante.

S.27E Impression of signature on debentures and securities.

1 (1) The signature of the persons authorised to sign debentures or securities on behalf of the Commissioners may be printed, engraved or lithographed or impressed by such other mechanical process as the Commissioners in meeting may direct, on the debentures or securities.

(2) A signature so printed, engraved, lithographed or otherwise impressed shall be as valid as if it had been inscribed in the proper handwriting of the person so authorised.

S.47A Powers and duties of Deputy Chairman.

147A. In addition to any powers or duties conferred or imposed on the Deputy Chairman by any other provision of this Act or by any rule, bye-law or order made hereunder, the Deputy Chairman shall exercise such of the powers and perform such of the duties of the Chairman as the Commissioners in meeting may, subject to the approval of the 2[Central Government], from time to time, direct.

1. Section 47A was inserted by s. 12 of the Calcutta Port (Amendment) Act, 1920 (Ben. Act VII of 1920).

2. See foot-note 2 on page 12, ante.

S.48 Powers of Commissioners to enter into certain contracts.

48. The Commissioners, in accordance with a resolution passed at a meeting, may enter into contracts with any body corporate, registered joint-stock company or private person for the execution or supply by them or him of any works, labour, materials, machines, stores or for other matters necessary for carrying into effect the trusts and purposes of this Act :

3Provided that no contract, under or by virtue of which a sum greater than seven lakhs of rupees may in any event be payable by the Commissioners, shall be valid unless it has been made with the previous sanction of the Central Government.

3. The proviso to section 48 was added by the Port Trusts and Ports (Amendment) Act, 1951 (XXXV of 1951), s. 95. The original proviso was repealed by the Bengal Decentralization Act, 1915 (Ben. Act V of 1915).

S.49 Powers of

S.51 Certain new works subject to approval of Government.

351. No new work, the estimated cost of which exceeds two lakhs of rupees, shall be commenced by the Commissioners until the plan and estimate thereof have been submitted to, and approved by, the 4[Central Government] :

5Provided that where the estimated cost of any new work has been approved by the Central Government, no expenditure which exceeds by more than ten per cent. the estimated cost so approved shall be incurred by the Commissioners without the previous approval of the Central Government.

3. Section 51 was substituted for the original section by the Bengal Decentralization Act, 1915 (Ben. Act V of 1915).

4. See foot-note 2 on page 12, ante.

5. This proviso was added by s. 98 of the Port Trusts and Ports (Amendment) Act, 1951 (XXXV of 1951).

S.52 Commissioners may compound or compromise for any claim or demand made against them.

52. The Commissioners may in meeting, compound or compromise for, or in respect of, any claim or demand made against them, for such sum of money or other compensation as they shall deem sufficient :

6Provided that no settlement shall be made under this section without the previous sanction of the Central Government if such settlement involves the payment by the Commissioners of a sum exceeding twenty-five thousand rupees.

6. This proviso was added by s. 99, ibid.

S.53 Mode of executing contracts or agreements.

753. (1) The Chairman may, on behalf of the Commissioners, enter into any contract or agreement whereof the value or amount shall not exceed five thousand rupees, in such manner and form as, according to the law for the time being in force, would bind him if such contract or agreement were on his own behalf ; but every other contract or agreement on behalf of the Commissioners shall be in writing and shall

7. This new section 53 was substituted for the original section by s. 100, ibid.

S.89 Magistrate to issue warrant of distress if damage to wharves, etc., caused by negligence.

master of, or agent for, such vessel, requiring him to attend on a day and at an hour named in the summons to answer touching such damage or mischief :

Provided that if, at the time of the damage or mischief the vessel was under the orders of a duly authorised officer belonging to the Pilot Service or the Harbour Master's or Port Officer's department, the case shall not be cognizable by the Magistrate under this section.

(2) If at the time appointed in the summons, and whether the person summoned shall appear or not, the Magistrate finds that the alleged damage was done through such negligence as aforesaid, and that the pecuniary amount of the same does not exceed two hundred rupees,

it shall be lawful for the Magistrate to issue his warrant of distress under which a sufficient portion of the boats, masts, spars, ropes, cables, anchors or stores of the vessel may be seized and sold to cover the expenses of, and attending the execution of, the distress and the pecuniary amount of damage as aforesaid ;

and such amount shall be paid to the Commissioners out of the proceeds of distress.

S.PART VIII Of the Landing and Shipment of Goods.

S.90 Commissioners to provide for landing, etc., goods from sea-going vessels.

90. 1[(1)] The Commissioners shall 2* * * * provide and keep and maintain sufficient servants and apparatus for the expeditious and convenient landing and shipment of goods from and upon all sea-going vessels brought to the docks, wharves, quays, stages, jetties or piers erected by them ;

and shall, by their servants 3[or agents], land and ship all goods from and upon any such vessels so coming to such dock, wharf, quay, stage, jetty or pier, unless where there is a legal excuse for refusing to land or ship such goods, or such vessel is by reason of the breach or non-observance of any law or regulation, not entitled to have her goods shipped or discharged :

4Provided that, in the case of cargoes of petroleum, it shall be lawful for the Commissioners not only to land the petroleum from all sea-

1 Section 90 was re-numbered as sub-section (1) of that section by s. 110 of the Port Trusts and Ports (Amendment) Act, 1951 (XXXV of 1951).

2 The words "when thereto required by the Local Government" were repealed by the Bengal Decentralization Act, 1915 (Ben. Act V of 1915).

3 These words were inserted by s. 5 of the Calcutta Port (Amendment No. 1) Act, 1895 (Ben. Act IV of 1895).

4 This proviso was inserted by s. 5, ibid.

S.92

it shall be lawful for the Commissioners1 * * * * by a notification published in three consecutive numbers of the 2[Official Gazette] to declare that such dock, wharf, quay, stage, jetty or pier is ready for receiving, landing and shipment, or for landing or for shipment of goods from and upon sea-going vessels.

1 The words "With the sanction of the Local Government" were repeated by the Bengal Decentralization Act, 1915 (Ben. Act V of 1915).

2 See foot-note 3 on page 12, ante.

S.93 Commissioners may order sea-going vessels to load or unload at docks, etc., when accommodation available.

From and after such notification and publication, it shall be lawful for the Commissioners3 * * * * from time to time, when there shall be room at such dock, wharf, quay, stage, jetty or pier, to order to come alongside of such dock, wharf, quay, stage, jetty or pier for the purpose of being laden or unladen by the Commissioners, any sea-going vessel which shall not have commenced to discharge goods, or which, being about to take in goods, shall not have commenced to take in goods :

4Provided that if the Commissioners are not the Conservator of the Port, they shall not themselves make the order as aforesaid but shall require the Conservator of the Port, or other person exercising the rights, powers and authorities of the Conservator of the Port, to make such order.

3 The words "to require the Conservator of the Port or other persons exercising the rights, powers and authorities of the Conservator of the Port" were omitted by s. 111(a) of the Port Trusts and Ports (Amendment) Act, 1951 (XXXV of 1951).

4 This proviso was added by s. 111(b), ibid.

S.94 Penalty for landing or shipping goods in contravention of order.

If, after such order of the 5[Commissioners or as the case may be, the Conservator of the Port] or other person aforesaid the owner or master of any such 6[vessel] shall either take in or discharge goods, save and except at such dock, wharf, quay, stage, jetty or pier to which such vessel shall have been so ordered,

the owner thereof, or in case he shall not be in Calcutta, the master thereof, shall be liable to a penalty of one hundred rupees for each day that he shall land or ship, or attempt to land or ship, any goods in contravention of such order.

5 These words were substituted for the words "Conservator of the Port" by s. 112 of the Port Trusts and Ports (Amendment) Act, 1951 (XXXV of 1951).

6 This word was substituted for the word "vessels" by s. 3 and Sch. II of the Amending Act, 1903 (I of 1903).

S.Chapter IV Of the General Powers of the Commission.—Part IX.— Of Levying Tolls and Rates.—Sections 121, 122 & 122A.

S.121 Power of Collector of Customs to distrain vessels for non-payment of tolls.

If the master of any vessel in respect of which any tolls, dues, rates, penalties or charges shall be payable under this Act, or any rules or orders made in pursuance thereof, shall refuse or neglect to pay the same or any part thereof on demand,

it shall be lawful for the Commissioners to apply to the Collector of Customs of the Port of Calcutta ;

and such Collector shall distrain or arrest of his own authority such vessel, and the tackle, apparel and furniture belonging thereto, or any part thereof, and detain the same until the amount so due to the Commissioners shall be paid ;

and in case any part of the said tolls, dues, rates, penalties or charges, or of the cost of the distress or arrestment, or of the keeping of the same, shall remain unpaid for the space of five days next after any such distress or arrestment shall have been so made, the Collector of Customs may cause the vessel or other things so distrained or arrested to be sold ;

and with the proceeds of such sale may satisfy such tolls, dues, rates, penalties or charges, and costs, including the costs of sale remaining unpaid; rendering the surplus (if any) to the master of such vessel on demand.

S.122 Port clearance not to be granted until tolls, etc., are paid.

If the Commissioners shall give to the 1[officer of the Government], whose duty it shall be to grant the port clearance of any vessel, a notice stating that an amount therein specified is due in

S.126 Of Bye-Laws

• (c) for the safe and convenient use of such docks, wharves, quays, stages, jetties and piers, and of landing-places, 1[shel-ters for passengers], warehouses, warehouses licensed under section 16 of the Sea Customs Act, 1878, sheds and other works in and adjoining the same ;
• (d) for regulating the reception and removal of goods within and from the premises of the Commissioners, and for declaring the procedure to be followed for taking charge of goods which may have been damaged before landing, or may be alleged to be so damaged ;
• (e) for the mode of payment of tolls, dues, rates and charges levied under this Act ;
• (f) for the removal of wrecks from the port or the river, and keeping clean the port, the river, the bank of the river, and the works of the Commissioners, and for preventing filth and rubbish being thrown therein or thereon ;
• (g) for regulating the hours during which European seamen and apprentices shipped on the same footing as European seamen may be employed on board ships lying in the port, or on docks, wharves, quays, stages, jetties and piers, in work necessitating exposure to the sun ;
• (h) for the guidance of persons employed by them under this Act ; and
• (i) for otherwise carrying out the purposes of this Act.

(2) The Commissioners in meeting may, from time to time, repeal, alter, or add to any bye-law made under this section.

(3) No bye-law, repeal or alteration of any bye-law shall have effect until the same is confirmed by the 2[Central Government].

(4) No bye-law, and no repeal or alteration or, or addition to, any bye-law, shall be confirmed until the same has been published 3[for two weeks successively in the Official Gazette and until fourteen days have expired from the date on which the same had been first published in the Gazette].

1 These words were inserted by s. 2 of the Calcutta Port (Amendment) Act, 1926 (Ben. Act I of 1926).

2 See foot-note 2 on page 12, ante.

3 These words were substituted for the words "in three consecutive numbers of the Official Gazette" by s. 124 of the Port Trusts and Ports (Amendment) Act, 1951 (XXXV of 1951).

S.Chapter X Miscellaneous.—Sections 137, 138.

S.137 Penalty for committing certain nuisances on docks etc.

Any person who wilfully deposits, or permits his servants to deposit any dust, firth, dung, ashes, refuse or filth of any kind, or any animal matter, or any broken glass, earthenware or rubbish, in or upon any dock, wharf, quay, stage, jetty or pier belonging to the Commissioners, or in or upon any part of the river bank within the Port, shall be liable to a fine not exceeding ten rupees for each offence.

S.138 Jurisdiction in case of offences committed within Calcutta.

(1) Every charge of an offence against any provision of this Act, or of any rule, order or bye-law made under the provisions of this Act, alleged to have been committed within Calcutta may be instituted before any Magistrate having jurisdiction, who may summon the person charged to appear at a time and place to be mentioned in the summons ;