Introduction with meaning and definition of Affidavit: -

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Meaning and Definition: -

It is likely that every person recollects at least one instance of being asked to submit an affidavit. The reasons may be diverse, but the result is the same- Producing an affidavit gives increased credibility to claims made by a person.

An Affidavit is a written official statement of fact made by an individual under an oath or affirmation.

The individual making an Affidavit and signing it called as “Deponent” or “affiant”.

It is administered by a person who has the authority to regulate oaths. The affidavit can be signed in front of the notary public or Oaths Commissioner.

The person who prepares an affidavit declares that the content mentioned in the affidavit is true and accurate, and nothing has been concealed or misstated.

There is clearly a difference between a mere letter claiming that a person has lost his original certificates and an Affidavit, where a person swears before a magistrate or a judicial officer in written format, that he has lost his original certificates and is willing to surrender the original in case he retrieves it. The latter option holds the person liable to face any legal consequences in the event of his swearing of untruths or making or misrepresentations.

An affidavit is a type of verified statement or showing, or in other words, it contains a verification, meaning it is under oath or penalty of perjury, and this serves as evidence to its veracity and is required for court proceedings.

Affidavits may be written in the first or third person, depending on who drafted the document.

The term Affidavit refers to a sworn statement in written format made especially under an oath or affirmation before an authorised officer or Magistrate.

All affidavits are verified statements and printed (or written) on Stamp papers of different denominations.

The person who has authority to attest a certificate may be a Magistrate who may in turn be either a Judicial or an Executive Magistrate, a Notary Public or a Commissioner of Oaths depending upon the affidavit which needs to be attested. Indians living abroad can swear affidavits before Consular officers posted in Indian missions.

Who Can Create An Affidavit?

In order to create an affidavit, an individual should have

a) attained majority and

b) should be in a position to understand the nature of the contents sworn.

In other words, the person should not be insane or incapacitated to the extent of not knowing the meaning of the statements mentioned in the affidavit.

Please visit for further reading: - 

Essential Features of An Affidavit

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

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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