Section 11A in The Industrial Disputes Act, 1947

 Section as it is in the bare Act:

11A. Powers of Labour Courts, Tribunals and National Tribunals to give appropriate relief in case of discharge or dismissal of workmen.- Where an industrial dispute relating to the discharge or dismissal of a workman has been referred to a Labour Court, Tribunal or National Tribunal for adjudication and, in the course of the adjudication proceedings, the Labour Court, Tribunal or National Tribunal, as the case may be, is satisfied that the order of discharge or dismissal was not justified, it may, by its award, set aside the order of discharge or dismissal and direct reinstatement of the workman on such terms and conditions, if any, as it thinks fit, or give such other relief to the workman including the award of any lesser punishment in lieu of discharge or dismissal as the circumstances of the case may require: Provided that in any proceeding under this section the Labour Court, Tribunal or National Tribunal, as the case may be, shall rely only on the materials on record and shall not take any fresh evidence in relation to the matter.

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Administrative law one liner notes - Part 2

 

Vande Matram!

Government has to administer the State and its people by making various rules and regulations. The working of the government to administer the State is to abide by various administrative laws. Here are some one liners for your notes to prepare any judicial exam.

Part 1

·         Both the Union and the states are divided into three great departments, namely,

o   (1) the executive,

o   (2) the legislature, and

o   (3) the judiciary.

·         Executive may act in exercise of the executive power of the Union or of a state or it may act under the authority of a specific statute or subordinate legislation.

·         The exercise of all administrative powers is subject to the rule of law.

·         The legal control may be exercised by three authorities, namely,

o   (1) the legislature,

o   (2) the higher executive, and

o   (3) the judiciary.

·         Administrative law concerns itself mainly with the legal control of the government or of administrative authorities by the courts.

·         In general the public law deals with the relations between the states on the one hand and the individual or groups of individuals or associations on the other hand. Whenever a question arises as to the relationship in various circumstances between the state and the individual, it falls in the domain of public law; for instance, constitutional law, administrative law, criminal law, law of taxation etc., are all branches of public law. 

 

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Special Marriage Act MCQ Part 1

 Special Marriage Act

Special Marriage Act provides for marriage between

(a) Hindu.

(b) Muslim.

(c) Foreigners.

(d) All religion. è

==============

Special Marriage Act covers :

(a) Hindu Marriages

(b) Muslim Marriages

(c) Inter-religious Marriages è

(d) Parsi Marriages

================

Renunciation of world and resumption of death are the ground of divorce available in India only under:

(a) Hindu law

(b) Hindu and Muslim law

(c) Hindu law and special marriage act è

(d) None of the above

===========

What is the number of witnesses required if marriage is to be solemnized under the Special Marriage Act, 1954?

(a) Two (b) Three è

(c) Four (d) Five

===============

Petition for divorce under Special Marriage Act, 1954 is to be filled in the court of :

(a) Civil Judge Junior Division (b) Civil Judge Senior Division (c) District Court (d) High Court

============

The Hindu Marriage Act, 1955 provides special grounds to Hindu wife for judicial Separation and divorce. They are :

(a) Remarriage by Husband

(b) Husband found guilty of rape, sodomy and bestiality

(c) Option of puberty

(d) All the above

=============

Section 13-B of Hindu Marriage (Amendment) Act, 1976 and Section 28 of the Special Marriage Act 1954 are in ______.

(a) Pari Materia (b) Per Capita

(c) Perstrips (d) Both (b) and (c)

=========

Registration of marriage under Special Marriage Act is

(a) Mandatory

(b) Optional

(c) Only (1) & not (2)

(d) Both (1) & (2)

===============

What is the concept of property? What is the distinction between movable and immovable property? Discuss and explain with the help of suitable case law or illustrations.

Vande Matram! Welcome to the series of Transfer of Property Law. Since the civilisation of humans, the concept of property is present and the laws related to it are evolving day by day. Let’s discuss the concept of property.

What is the concept of property? What is the distinction between movable and immovable property? Discuss and explain with the help of suitable case law or illustrations.

Concept of Property:

Property is an object of legal rights, which embraces possessions or wealth collectively, frequently with strong connotations of individual ownership. The things may be tangible, such as land or goods, or intangible, such as stocks and bonds, a patent, or a copyright. Because property law deals with the allocation, use, and transfer of wealth and objects of wealth, it must reflect the economy, family structure, and politics of the society in which it is found.

Property is defined under Clause (36) of Section 3 of the General Clauses Act, 1897 and clause (9) of Section 2 of the Registration Act, 1908 as well as Section 3 of the Transfer of Property Act, 1882. Indian legislation classifies the term ‘property’ under various categories like tangible and intangible, real and personal, corporeal and incorporeal, and movable and immovable property.

Various Statutory definitions of term property:

The General Clauses Act, 1897

Section 3 (26): “immovable property” shall include land, benefits to arise out of land, and things attached to the earth, or permanently fastened to anything attached to the earth.

The Benami Transactions (Prohibition) Act, 1988

Section 2(c) “property” means property of any kind, whether movable or immovable, tangible or intangible, and includes any right or interest in such property.

The Sales and Goods Act, 1930

Section 2 (11) “property” means the general property in goods, and not merely a special property.

The Transfer of Property Act, 1882

Section 3 “immoveable property” does not include standing timber, growing crops or grass.

The Registration Act, 1908

Section 2(6) “Immovable Property” includes land, buildings, hereditary allowances, rights to ways, lights, ferries, fisheries or any other benefit to arise out of land, and things attached to the earth, or permanently fastened to anything which is attached to the earth, but not standing timber, growing crops nor grass; and

Section 2 (9) “Movable Property” includes standing timber, growing crops and grass, fruit upon and juice in trees, and property of every other description, except immovable property.

Movable and immovable property:

In Indian legal systems the types of property considered mainly are

a) Movable Property: Anything that is not affixed to the land can fall under the category of movable property, irrespective of its shape, size, quality, or quantity, e.g. Vehicles, electronic devices, jewellery, books, timber, growing crops and grass etc.

b) Immovable property: As the nomenclature suggests, immovable property definition states that it is any property with rights of ownership attached to land and that cannot be moved, e.g. agricultural land, villa, flat, mines, water bodies, etc.

Difference between movable and immovable property:

Movable Property	Immovable Property
The movable property can easily be transported from one place to another, without changing its shape, capacity, quantity or quality.	Immovable property cannot be transported from one place to another.
Movable property refers to movable assets (such as your computer, jewellery, vehicles, etc.).	Immovable property commonly refers to real estate (such as your house, factory, manufacturing plant, etc.)
Movable property is one, which can be transferred from one place to another place with the human efforts.	Immovable property includes land, benefits arising out of land and things attached to the earth or permanently fastened or anything attached to the earth.
It includes stocks and shares, growing crops, grass, and things attached to or forming part of the land, and which are agreed to be severed before sale, or under the contract of sale	It includes land, benefits to arise out of land, and things attached to the earth
If the thing is resting on the land merely on its own weight, the presumption is that it is movable property, unless contrary is proved.	If the thing is fixed to the land even slightly of it is caused to go deeper in the earth by external agency, then it is deemed to be immovable property.
If the purpose was only to enjoy the thing itself, then it is movable property even though it is fixed in the land.	If the propose of annexation of a thing is to confer a permanent benefit to the land to which it is attached, then it is immovable property.
Examples Right of worship; royalty; a decree of sale of immovable property; a decree for arrears of rent; Government promissory notes; standing timber, growing corps and grass.	Benefits to arise out of land such as hereditary allowances, right of way, ferries and fisheries, right to collect rent and profits of immovable property; a mortgage-debt; right to cut grass of one year, a factory; etc.
No registration is required to transfer a movable property.	Transfer of immovable property requires registration of the document.

 

Thanks for reading till the end. Note down all the important points for your preparation and Best of Luck for your exams! Please share this blog.

#Bharat #India #StudyHelp #Notes #StudyMaterial #TransferOfPropertyLaw #PropertyLaw #LawsOfProperty

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List of references:

1) Property Legal Concept

2) Brush Up Your Basic Knowledge About Movable and Immovable Property

3) Difference between Movable and Immovable Property

Status of Women in Pre-Constitutional Period

 

Pre-constitutional period means period before the enactment of the Constitution of India i.e. 26^th January, 1950 across India. It includes the British Rule era and period between 15^th August, 1947 and 26^th January, 1950.

During British rule the position of wife in household was at sorry level. The women were dominated in domestic sphere. Literacy rate was also very low, hardly 1 out-off  100 women was able to read and write. Evil social practices, dogmatic religious beliefs, inhuman superstitions and sinister customs caused the maximum degree of deterioration. Child marriage, enforced widowhood, sati, Devadasi, purdah, burkha, dowry, female infanticide and the practice of polygamy made the Indian society static. One sect of the society was having easy provisions of divorce but in the majority the provision for divorce was not present.

During the communal tensions between the religious groups, only the women were victims of sexual violence. During such riots, specifically in Madras precidency, if a pregnant woman was caught then the rioters use to cut her belly and let her to die. Age old women were killed by these rioters. Female children, young girls and other adult women were raped heinously. Also in some parts during such riots, specifically during partition, in the area of Punjab and Bengal, the women were disrobed and forced to walk in front of rioters and then they were gang-raped brutally. British rulers were not able to handle such communal riots and such incidences took place many times even after 1900.

The majority religious group was practicing some things such as child marriages, enforced widowhood, sati, Devadasi, purdah, etc. But the social reformers such as Raja Ram Mohan Ray, Iswar Chandra Vidyasagar, Savitri Bai Phule, Mahatma Jyotiba Phule and others protested for the abolition of such practices and they stressed for the women education and widow remarriages. Their efforts were accepted by the majority religious groups.

The majority religious group accepted the reforms Sati’ was legally abolished in December, 1829. After the abolition of ‘Sati’ the Britisher’s realized the pitiable conditions of the Hindu widows and enacted the Hindu Widow Remarriage Act in 1856. The Hindu Woman’s Right to Property Act was passed in the year 1937. It intended to improve the position of widows in respect of property. The Child Marriage Restraint Act was passed in 1929. This Act penalized the marriage of girls below fourteen and boys below eighteen years of age. They accepted the reforms and many inhumane practices were abolished and many Acts in favour of Hindu women were passed. Also for these reforms Hindus supported to the protests and then government was forced to pass the enactments.

Some religious groups were against such reforms and from such groups practices like polygamy were not reformed, because no one was there to protest against such practices. And still there are some sects in the society where polygamy, dowry, no education rights, child marriage, etc. are practiced which are heinous.

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Explain the provisions relating to women in Directive Principles of State Policy under the Indian Constitution.

The Constitution of India not only grants equality to women but also empowers the State to adopt measures of positive discrimination in favour of women for neutralizing the cumulative socio-economic, education, and political disadvantages faced by them. The Constitution of India prohibits discrimination based on sex but it equally directs and empowers the government to undertake special measures for women. The Constitution provides many protection rights for women such as Protective discrimination in favor of women, the Right to freedom of women, the Right of women against exploitation, the Rights of women under directives, and political representations of women.

This policy envisaged equal rights to work, equal pay for equal work, and adequate means of decent and dignified livelihood for both men and women, these are guaranteed under the directive principles of State policy. Part IV of the Constitution containing Articles 38, 39 (a) (d) and (e), 42, 44, and 45 deals with the welfare and development of women.

A. Equal justice and free legal aid

In the Indian Constitution, there are provisions to get Equal justice and free legal aid to the needy. Such provisions are given in Article 38 of the Constitution of India, which reads as follows:

Article 38. State to secure a social order for the promotion of welfare of the people -

(1) The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life.

(2) The State shall, in particular, strive to minimize the inequalities in income, and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations.

Legal Aid means giving free legal services to the poor and needy who are unable to afford the services of an advocate for the conduct of a case or a legal proceeding in any court, tribunal, or before any judicial authority.

In the case of Hussainara khatoon vs. State of Bihar, it was held that if an accused is not able to afford legal services then he has a right to free legal aid at the cost of the state.

B. Principle of “equal pay for equal work” is a constitutional goal.

This principle is provided in Clauses (a) and (d) of Article 39 of the Constitution of India, which read as follows:

Article 39: Certain principles of policy to be followed by the State:

The State shall, in particular, direct its policy towards securing—

(a) that the citizens, men and women equally, have the right to an adequate means of livelihood;

(d) that there is equal pay for equal work for both men and women;

India still lacks a comprehensive and transparent wage policy for all the sectors of the economy. Gender equality is the goal, while gender neutrality and gender equity are practices and ways of thinking that help in achieving the goal. Gender parity, which is used to measure gender balance in a given situation, can aid in achieving gender equality but is not the goal in and of itself.

In Clause (a) of Article 39, all citizens, regardless of gender, have equal rights and a decent livelihood.

Article 39(d) ensures that there is equal pay for equal work for both men and women. The Parliament has enacted the Equal Remuneration Act, 1976 and implemented Article 39. The doctrine of ‘equal pay for equal work’ is equally applicable to both men and women, even the daily wagers are also entitled to the same wages as other permanent employees in the department employed to do the identical work.

The Apex court in Randhir Singh v. Union of India has expressed the opinion that the principle of “equal work” is not declared in the Constitution to be a fundamental right but it is certainly a constitutional goal.

C. Men and women workers to be protected equally

This principle is provided in Clauses (a) and (e) of Article 39 of the Constitution of India, which read as follows:

Article 39: Certain principles of policy to be followed by the State:

The State shall, in particular, direct its policy towards securing—

(a) that the citizens, men and women equally, have the right to an adequate means of livelihood;

(e) that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength;

In Clause (a) of Article 39, all citizens, regardless of gender, have equal rights and a decent livelihood.

According to Article 39(e) of the Constitution, the state is required to ensure that the health and strength of women workers are not abused and that they are not forced by economic necessity to enter avocations unsuited to their strength and that of the children of underage to be protected equally. They should not be forced to work under inhuman and hazardous conditions.

In M.C Mehta v. State of Tamil Nadu, it has been held that in view of Article 39 the employment of children within the match in view of Article 39 the employment of children within the matches factories directly connected with the manufacturing process of matches and fireworks cannot be allowed as it is hazardous. Children can, however, be employed in the process of packing, etc. away from the place of manufacturing.

D. Provisions for maternity benefits:

Article 42 of the Constitution of India gives the provisions for the safety of women in work conditions and maternity relief. The said article reads as follows:

42. Provision for just and humane conditions of work and maternity relief –

The State shall make provision for securing just and humane conditions of work and for maternity relief.

E. Uniform Civil Code and Gender Equality

Article 44 of the Constitution of India gives the provisions for Uniform Civil Code in India. In order to establish true equality among the citizens of the country, the State must enforce the Uniform Civil Code. Gender justice means social, political, and economic equality for women. The Article reads as follows:

44. Uniform civil code for the citizens –

The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.

It suggests the abolition of the patriarchal system that has been infused with the system. Gender justice is indispensable for ‘development’ in a true sense. The implementation of a uniform civil code and the issue of gender justice, two are closely connected to each other in the Indian socio-legal perspective. Women empowerment in core areas like social status, gender bias, health, security, and empowerment are of urgent necessity. There is no Uniform Civil Code in India but a Uniform Criminal Code exists. Criminal law is equally applicable to all citizens irrespective of their religious affiliation. However, in the case of civil law particularly in the matter of personal laws, there is no uniformity. World history is evidence of the fact that one of the most neglected ideas has been that of women’s rights. Around half of the world’s population has been denied equality in almost every sphere of life. This statement is a testimony to the fact that equality without gender justice is no equality at all.

In a landmark judgment in Sarla Mudgal versus U.O.I: The Supreme Court has passed directions to the Central Government to review Art. 44 of the Constitution which permits the state to guarantee a uniform civil code (U.C.C). According to the court, it is imperative and essential for the protection of the oppressed and for the promotion of public solidarity and integrity.

F. Free Education for female children:

The right to education is a fundamental right and Article 45 provides the directive principle to impart free education to all children of India irrespective of their gender, caste, creed, religion, etc. until they complete the age of fourteen years. The Article reads as follows:

Article 45 Provision for free and compulsory education for children –

The State shall endeavour to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years.

As per Article 45, all children are to be given free education irrespective of their gender.

Thus Directive Principles of State Policies through Articles 38, 39 (a), (d) and (e), 42, 44, and 45 provide for the feminist jurisprudence.

References:

1) DIRECTIVE PRINCIPLES OF STATE POLICY AND WOMEN IN INDIA

2) Women Rights under the Constitution of India

3) PART IV DIRECTIVE PRINCIPLES OF STATE POLICY

What are the main features of Immoral Traffic (Prevention) Act?

The Immoral Traffic (Prevention) Act (for short ITPA) was Act no. 104 of 1956 and it was enacted on Dt. 30.12.1956. The long title of the ITPA is, “An Act to provide in pursuance of the International Convention signed at New York on the 9^th day of May, 1950, for the Prevention of Immoral Traffic.” It is evident from the long title that the ITPA is enacted in pursuance of the International Convention for the Prevention of Immoral Traffic, New York, signed on Dt. 9.05.1950.

The ITPA extends to whole India.

According to ITPA any person who is keeping and/or managing a brothel is liable for the punishment of rigorous punishment for 1 to 3 years with a fine upto Rs. 2,000/- (Two thousands only). If such person is again convicted for the same crime then the rigorous imprisonment term may be 2 to 5 years with a fine upto Rs. 2,000/- (Teo thousands only).

If a major (completed 18 years of age) person is living on the earning of prostitution then such person may be punished with imprisonment of a term upto 2 years and/or a fine upto 1,000/- (One thousands only). And if such prostitute is a minor, then the person who is living on her/his earning will be punishable for imprisonment of a term of 7 to 10 years.

Further the ITPA provides the punishment for procurement, inducement or taking a person for sake of prostitution which is rigorous imprisonment 3 to 7 years with a fine upto Rs. 2,000/- (Two thousands only). And if such act of the convicted person is against the will of the person then the punishment will be rigorous imprisonment of 14 years.

This Act provides for the appointment of special police officer and advisory body for dealing the offenses under the Act.

Offenses under ITPA are cognizable offenses. Also search of such premises where brothel is continued can be done without search warrant due to the provisions of the IPTA Act.

This act provides for the establishment of protect home for removed and rescued persons from such heinous trafficking. Also how such protect homes should maintain their records is provided under ITPA.

Only Metropolitan Magistrate or a Judicial Magistrate of the first class can try the offenses under the ITPA.

State governments and Central government are empowered to establish the special courts for imparting the justice in the cases covered under this Act. State governments are empowered to formulate the rules and regulations under this Act for proper implementation of the Act and such rules are published in the official gazette of the State.

The ITPA provides for the prevention of the trafficking of humans for illicit purpose of prostitution and brothel. Both are the heinous acts which are destroying the ethics of the humanity. In general in such businesses women are forcefully thrown and they are forced to lose their dignity and modesty.

Reference:

TheImmoral Trafficking (Prevention) Act, 1956.

 

C-127 Maximum Weight Convection 1967

 Vande Matram! In this article, I am sharing some one-liners about C-127 Maximum Weight Convention, 1967.

·        This is a labor welfare-related treaty and is concerned with permissible weight to be carried by one worker.

·        Date of Adoption: 28th June 1967

·        Date of coming into force: 10th March 1970

·        Place: Geneva

·        Passed in General Conference of International Labour Organisation (ILO)

·        It was the 51^st session of ILO conducted on 7^th June 1967

·        As per the C-127 convention of ILO, “Manual transport of loads” means any transport in which the weight of the load is wholly by one worker, it covers the lifting and putting down of the loads.

·        As per the C-127 convention of ILO, “Regular Manual Transport of Loads” means which is continuously and principally devoted to the manual transport of the loads, or which normally includes, even though intermittently, the manual transport of loads.

·        As per the C-127 convention of ILO, “young worker” means a worker under 18 years of age.

·        This convention applies to all branches of economic activities.

·        As per Article 3 of C-127, if carrying loads is creating serious health hazards to a person then such person shall not be permitted to do the job of manual transportation of loads.

·        Article 5 of C-127 makes it compulsory that a worker who is assigned a job of manual transport of loads on regular basis should be trained adequately to avoid any health hazards as well as accidents.

·        Article 7 of C-127 limits the number of women and young workers for manual transport of heavy loads, and if they are assigned for this work then they must carry substantially lesser load permissible to carry for adult male workers.

·        The ratification of the members must be registered with the Director-General of ILO

·        After ratification, the member nation should implement the provisions of this C-127 by way of laws and acts as per the national practice within 12 months from such ratification.

·        India ratified the C-127 convention of ILO on 26^th March 2010 and it is now in force in India.

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Adult Suffrage

Jay Shree Ram!

India has adopted adult suffrage as a basis of elections to the Lok Sabha and the State Legislative Assemblies. Every citizen, male or female, who has reached the age of 18 years or over, has a right to vote without any discrimination. It was indeed a very bold step on the part of the constitution-makers to adopt adult suffrage in a country of teeming millions of illiterate people, but they did so for some very sound reasons. If democracy is to be broad-based and the system of government is to have the ultimate sanction of the people as a whole, in a country like India where large masses of people are poor an illiterate, the introduction of any property or educational qualification for exercising the franchise would have amounted to a negation of democratic principles. Any such qualification would have disenfranchised a large number of depressed people. Further, it cannot be assumed that a person with a bare elementary education is in a better position to exercise the franchise are and choose his representatives accordingly.

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Read More:

References: -

Training package on administrative law

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The components of an Affidavit

Jay Shri Ram friends. How are you? 

Here are notes regarding components of an affidavit. Please read and get your knowledge improved. To support me please follow and share this blog. Thank you!

For previous reading please visit:

Introduction with meaning and definition of Affidavit

Essential Features of An Affidavit

The components of an Affidavit: -

The document's component parts are typically as follows:

1) A commencement which identifies the "affiant or deponent of truth", generally stating that “everything in it is true, under penalty of perjury, fine, or imprisonment”;

2) an attestation clause, usually a jurat, at the end certifying that the affiant or deponent  made oath and the date;

3) signatures of the author and witness.

4) If an affidavit is notarized or authenticated, it will also include a caption with a venue (place) and title in reference to judicial proceedings.

In some cases, an introductory clause, called a preamble, is added attesting that the affiant or deponent personally appeared before the authenticating authority.

For further reading please visit:

Affidavit: Uses and types

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Essential Features of An Affidavit

Jay Shri Ram friends. How are you? 

Here are notes regarding essential features of affidavit. Please read and get your knowledge improved. To support me please follow and share this blog. Thank you! 

Previous articles

Introduction with meaning and definition of Affidavit

1) An Affidavit should be in writing: Since an Affidavit is used as a record in court; it has to be in writing. This is to make the person who makes the affidavit accountable for the contents sworn in the affidavit. It also deters people from making false claims since they amount to punishable offences.

2) It must be a declaration made by an individual: An Affidavit can be created only by an individual, and not by any artificial persons like Companies and other associations or Groups of individuals.

3) It must relate to facts alone: An Affidavit should mention only the facts according to the best knowledge of the deponent. The only exception to this rule is Interlocutory Applications submitted in civil proceedings which may be based on the belief of the deponent. However, it is subject to the rule that the source of the information shall be specified and that the deponent shall be subject to cross verification by the other party.  It should not be based on mere inferences or assumptions.

4) It must be made in the first person: Affidavits cannot be created on behalf of other persons. The purpose is to prevent declaring of things beyond the reasonable knowledge of a person.  It is the duty of the deponent to state facts which are known to him/her. However it is subject to the exception where affidavits are sworn on behalf of minor children or insane individuals.

5) It must be sworn before an officer or magistrate who is authorised to administer oath.

6) An affidavit can be sworn only before a person having authority to attest it.

For example, a name change affidavit may be attested either by a Notary Public or by an Executive or Judicial magistrate for documents created in India; while an affidavit for lost or damaged passport can be attested only by a Judicial or Executive Magistrate and it is beyond the authority of a Notary Public.

For further reading please visit:

The components of an Affidavit

Affidavit: Uses and types

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SCHEDULE: The Coasting Vessels Act, 1838

The Coasting Vessels Act, 1838

SCHEDULE

This is to certify that (here insert the names, occupation and residence of the owners) having declared that (he or they) are sole owner or owners of the vessel (fishing-vessel or harbour-craft) called (the name) which is of the burthen of (number of ¹[tons])and that the said vessel (fishing-vessel or harbour-craft) was (where and when built), the said vessel (fishing-vessel or harbour-craft) has been duly registered at the port of (name of port).

Certified under my hand.

(Signature of Officer)

Footnote

1. Subs. by Act 22 of 1952, s. 9, for “Bombay khandls”.

THE COASTING-VESSELS ACT, 1838: Sections

 

THE COASTING-VESSELS ACT, 1838

_________

ARRANGEMENT OF SECTIONS

________

SECTIONS

1. Extent.

2. Rules as to coasting and other vessels belonging to any citizen of India.

3. Marking or branding vessels with name of place and number.

Owner to paint name and number.

4. Registry of name, number and burthen.

Registry by whom to be made, Fresh registration.

5. Owners to apply for registry.

Information of registry at subordinate port.

6. Officers to perform duty of marking and branding.

7. Owner to obtain certificate of registry. Replacing lost certificate.

8. Sealing certificate.

9. [Repealed.].

10. Fees for certificates.

11. Fees to be credited to Government.

12. Production of certificate on demand.

13. Penalty for neglect to comply with rules.

Recovery of penalties.

Penalty of repetition of default.

14. Power to direct compensation for trouble in seizing.

15. [Repealed.].

SCHEDULE.

Section 14. Power to direct compensation for trouble in seizing

 The Coasting Vessels Act, 1838

14. Power to direct compensation for trouble in seizing.—¹*** The ²[Central Government] may direct compensation for trouble and diligence in seizing such vessel employed as aforesaid, fishing-vessel or harbour-craft, guns, furniture, tackle, ammunition and apparel, as last mentioned, to be made, out of the proceeds of such seizure to the person or persons who shall have seized the same, to such amount, in such manner and in such shares or proportions, as to the said ³[Central Government] shall seem meet.

15. [Port-clearance.] Rep. partly by the Repealing Act, 1874 (16 of 1874), s. 1 and Sch., Pt. I, and partly by the Repealing Act, 1876 (12 of 1876), s. 1 and Sch., Pt. I.

Footnotes

1. Subs. by A.O. 1950, for “Provicial”.

2. Subs. by the A. O. 1937, for “Governor of Bombay in Council”.

3. Subs., ibid., for “Governor in Council”.

Section 13. Penalty for neglect to comply with rules

 The Coasting Vessels Act, 1838

13. Penalty for neglect to comply with rules.—¹*** Incase any such vessel employed as aforesaid, fishing-vessel or harbour-craft shall not be so marked or branded in all respects as hereinbefore directed, or in case the name and number of any such vessel employed as aforesaid, fishing-vessel or harbour-craft shall not be so painted, or shall not continue so painted on such vessel employed as aforesaid, fishing-vessel or harbour-craft, in all respects as herein before directed;

or in case any such vessel employed as aforesaid, fishing-vessel or harbour-craft shall not be furnished with such certificate as hereinbefore specified, or in case the owner or owners or commander of any such vessel employed as aforesaid, fishing-vessel or harbour-craft shall not produce such certificate on demand thereof as hereinbefore directed;

the owner or owners of every such vessel employed as aforesaid shall be subject to a fine of ten times the amount of the fees payable in respect of the certificate of registry of such vessel, the same being a vessel for the certificate of the registration of which any fee is payable; and the owner or owners of any such fishing-vessel or harbour-craft shall be subject to a fine of ten rupees;

Recovery of penalties—which fines may be recovered on conviction before any Magistrate ²*** having jurisdiction, ³*** by sale of such vessel, fishing-vessel or harbour-craft, her furniture, ammunition, tackle and apparel;

Penalty on repetition of default—and such fines shall be payable as often as the owner or owners or commander of any such vessel employed as aforesaid, fishing-vessel or harbour-craft shall make such default as aforesaid: 

Provided every such subsequent default be made after the expiration of one month from the date of the last conviction.

Footnote:

1. Subs. by A.O. 1950, for “Provicial”.

2. The words “Justice of the Peace, or person exercising the powers of a Magistrate” rep. by Act 12 of 1876, s. 1 and the Schedule, Pt. I.

3. The words “And it is hereby enacted, that” rep. by Act 16 of 1874, s. 1 and the Schedule, Pt. I.

Section 12. Production of certificate on demand

The Coasting Vessels Act, 1838

12. Production of certificate on demand.—¹*** The owner or owners or commander of every such vessel employed as aforesaid, fishing-vessel and harbour-craft shall produce, on demand thereof by any officer of the Customs ²*** or by any officer of the ³*** Navy, the certificate so directed to be applied for and obtained, in respect of such vessel employed as aforesaid, fishing-vessel or harbour-craft, as above mentioned.

Footnote:

1. The words “And it is hereby enacted, that” rep. by Act 16 of 1874, s. 1 and the Schedule, Pt. I.

2. The words “within the said State” omitted by Act 22 of 1952, s. 6.

3. The word “Indian” rep. by Act 12 of 1876, s. 1 and the Schedule., Pt. I.

Section 11. Fees to be credited to Government

The Coasting Vessels Act, 1838

11. Fees to be credited to Government.—¹*** The person or persons so authorised to make such registry as aforesaid shall receive the fees payable for the same, and shall pay such fees to such officer as

²[the Central Government] shall appoint; the same to be carried to the credit of ³[the Central Government]:

⁴[Provided that any such fees as immediately before the commencement of ⁵[the Constitution] were, under this Act as then in force to be carried to the credit of the ⁶[⁷[State] Government] shall be paid to such officer as the ⁷[State] Government may appoint and be carried to the credit of that Government.]

Footnote:

1. The words “And it is hereby enacted, that” rep. by Act 16 of 1874, s. 1 and the Schedule, Pt. I.

2. Subs. by the A. O. 1937, for “the Governor of Bombay in Council”.

3. Subs., ibid., for “the Government of Bombay”.

4. Ins., ibid.

5. Subs. by the A. O. 1950, for “Part III of the Government of India Act, 1935”.

6. Subs. ibid., for “Local Government”.

7. Subs. by A.O. 1950, for “Provicial”.

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Further Reading

State of Bombay

State of Saurashtra