The Bombay Landing and Wharfage Fees (Gujarat Amendment) Act, 1967
The Bombay Landing and Wharfage Fees (Gujarat Amendment) Act, 1967
1. Short title
This Act may be called the Bombay Landing and Wharfage Fees (Gujarat Amendment) Act, 1967.
2. Amendment of section 5 of Bom. VII of 1882
In section 5 of the Bombay Landing and Wharfage Fees Act, 1882 (hereinafter referred to as "the principal Act"),—
- (a) clause
- (a) shall be deleted:
- (b) in the second proviso, for the words "one anna" the words "twenty-five paise" shall be substituted,
3. Substitution of new sections for section 7 of Bom. VII of 1882
For section 7 of the principal Act, the following sections shall be substituted, namely : - "7.
- (1) Any officer or prson whose duty it is to levy fees utlder this Act or to enforce any bye-law made thereunder may give such 'directions to any person as may appear to him to be necessary for the enforcement of any such bye-law.
- (2) Such officer or person shall, for the purposes of recovery of fees leviable under section 5 of this Act,, exercise the same powers and perform the same duties as the authority appointed to receive any port dues, fees or other charges, exercises and performs.under sections 42 and 44 of the'lndian Ports Act, 1908 for the recovery of such dues, fees or charges, and sections 42 to 45 of that Act shall, for those purposes, be construed as if the fees leviable under this Act were the fees leviable under that Act.
7. Powers of officers and persons for recovery of fees and enforcement of bye-law
"7.
- (1) Any officer or prson whose duty it is to levy fees utlder this Act or to enforce any bye-law made thereunder may give such 'directions to any person as may appear to him to be necessary for the enforcement of any such bye-law.
- (2) Such officer or person shall, for the purposes of recovery of fees leviable under section 5 of this Act,, exercise the same powers and perform the same duties as the authority appointed to receive any port dues, fees or other charges, exercises and performs.under sections 42 and 44 of the'lndian Ports Act, 1908 xV of 1908. for the recovery of such dues, fees or charges, and sections 42 to 45 of that Act shall, for those purposes, be construed as if the fees leviable under this Act were the fees leviable under that Act.
7A. Whoever wilfully and withotlt ally laitful excuse fails to comply with a direction given under section 7 or a bye-law
Whoever wilfully and withotlt ally laitful excuse fails to comply with a direction given under section 7 or a bye-law made under scction 9 shall, on conviction, be pl~nished with fine which may extend to one thousaod rups for every day that such direction or bye-law continues to bc disobeyed by him.
7B. No court inferior to that of n Magistrate of the First Class sllall try any offence punishable under this Act.
No court inferior to that of n Magistrate of the First Class sllall try any offence punishable under this Act.
7A1. Penalty
Whoever wilfully and withotlt ally laitful excuse fails to comply with a direction given under section 7 or a bye-law made under scction 9 shall, on conviction, be pl~nished with fine which may extend to one thousaod rups for every day that such direction or bye-law continues to bc disobeyed by him.
7B1. Jurisdiction to try offences
No court inferior to that of n Magistrate of the First Class sllall try any offence punishable under this Act.
7C1. Offences triable by Magistrate
Notwithstanding anything contained in the Code of Criminal Procedure, 1898, but subject to the provisions of section 7B, an offence punishable under this Act may be tried by a Magistrate having jurisdiction at the place in which the offence was actually committed or at any place in the State in which the offender may be found, or at any other place which the State Government may, by notification in the Official Gazette, specify in this behalf in respect of any class of offences.". 4. Amendment of section 9 of Bom. VII of 1882 In section 9 of the principal Act, after clause (h), the following clause shall be inserted, namely : - "(hh) regulating the employment or profession of persons as (i) clearing agents and mukadams; (ii) porters; and (iii) hawkers, at or near a landing place and providing for payment of fees for licences, if any, granted in that behalf;".
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