The Bombay Landing and Wharfage Fees Act, 1882

This Act shall be called the Bombay Landing and Wharfage Fees Act, 1882.

1. (1) It shall extend to any ports in the Bombay area of the State of Maharashtra to which Government may from time to time, by notification in the Official Gazette, extend the Act : Provided that on the commencement of the Bombay Landing and Wharfage Fees (Unification and Amendment) Act, 1959, it shall extend at once to the port in which the Okha Port Rules as continued in force by the Bombay Merged States
   • (Laws) Act, 1950 were in force immediately before such commencement.
2. (2) It shall extend to any ports in the rest of the State of Maharashtra to which Government may, from time to time by notification in the Official Gazette, extend the Act : Provided that on the commencement of the Bombay Landing and Wharfage Fees (Unification and Amendment) Act, 1959, it shall extend at once to those ports in which the Saurashtra Ports (Administration) Ordinance, 1950 and the Bombay Landing and Wharfage Fees Act, 1882, as applied to the Kutch area were in force immediately before such commencement.

1. (1) Bombay Act III of 1879 is hereby repealed, and all fees levied and every declaration, appointment, or rule made under that Act shall be deemed to have been levied and made under this Act.
2. (2) The Saurashtra Ports (Administration) Ordinance, 1950, the Bombay Landing and Wharfage Fees Act, 1882 as applied to the Kutch area and the Okha Port Rules as continued in force by the Bombay Merged States
   • (Laws) Act, 1950 are hereby repealed and consequently the balance standing at the foot of the general account of the Okha Harbour Board under rule 17 of the Okha Port Rules and that at the foot of each landing and wharfage fees fund account under section 11 of the Bombay Landing and Wharfage Fees, 1882 as applied to Kutch area, immediately before the commencement of the Bombay Landing and Wharfage Fees (Unification and Amendment) Act, 1959, shall be credited to the Consolidated Fund of the State : Provided that such repeal shall not affect—
   • (a) the previous operation of the laws so repealed, or anything duly done or suffered thereunder; or
   • (b) any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed ; or
   • (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any law so repealed ; or
   • (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid ; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if the Bombay Landing and Wharfage Fees (Unification and Amendment) Act, 1959 had not been passed : Provided further that anything done or any action taken (including notifications, issued, limits defined or fixed, remissions or exemptions granted, rules, bye-laws, regulations, delegation and appointment made, powers conferred and duties imposed, in so far as they are not inconsistent with the provisions of this Act, and the scales of tolls, dues, fees, rents, rates and charges framed) under the laws so repealed shall continue in force until altered, amended or superseded by anything done or any action taken under this Act.

In this Act the term "Government" in relation to a major port means the Central Government, and save as aforesaid means the State Government ; the term "landing place" includes a bandar, wharf, pier, jetty, hard and any place used for the landing, shipping, or storage of goods, or for the embarking or disembarking of passengers ; and the term "passengers" means any person of three years of age or upwards, carried in a vessel, other than the master and crew and the owner, his family and servants.

It shall be lawful for Government from time to time by notification in the Official Gazette—

1. (a) to define the limits of any port to which this Act is made applicable when such limits have not been defined under the Indian Ports Act, 1908;
2. (b) to determine what are landing-places to which the provisions of this Act shall apply;
3. (c) to determine the limits of any such landing-place :
4. (d) to withdraw this Act from any port in which it is for the time being in force :
5. (e) to fix the fees to be levied—

1. (1) on goods landed, shipped or stored at, and
2. (2) on passengers embarking or disembarking at, and
3. (3) on animals or vehicles bringing or removing goods to or from, or plying for hire at, and
4. (4) on vessels or boats approaching or lying alongside
5. (5) for any services (other than those chargeable under the Indian Ports Act, 1908) rendered at or in relation to, any such landing-place : Provided that it shall be lawful for Government at any time to exempt any goods, passengers, vessel, boat, animal or vehicle wholly or partially from any fee to which the same may be liable under this section :

Power of State Government to levy fee at higher rate in relation to minor ports Notwithstanding anything contained in section 5, after the commencement of the Bombay Landing and Wharfage Fees (Amendment) Act, 1963, it shall be lawful for the State Government by notification in the Official Gazette to levy a fee on any passenger on each occasion of embarking or disembarking at a landing place in any port (not being a major port) at a rate not exceeding twenty-five naye paise.

The levy of fees under this Act shall be made and all other powers and duties conferred and imposed by this Act or by any bye-laws hereunder, shall be duties exercised and performed by such officers as Government shall from time to time direct, or by such person as it shall from time to time direct in this behalf. The officers and persons (including the Chief Ports Officer, Maharashtra State) empowered as aforesaid shall, in respect of ports other than major ports, be subject to the control of any intermediate authority which the State Government may appoint.

Powers, privileges and liabilities of officers who collect fees. Punishment of offenders The officers and persons whose duty it may be to levy fees under this Act shall have the same powers for collecting and enforcing payment of the same as are exercisable under the provisions of any law, for the time being in force, in respect of duties of sea-customs by the Collector of Customs and his subordinates, and shall have the same privileges and be subject to the same liabilities in respect of anything done by them in collecting and enforcing payment of the said fees as the said Collector of Customs and his subordinates have, or are liable to, under the provisions of any such law. The law for the time being in force for the punishment of offences relating to the levy or payment of duties of sea-customs, and for the reward of informers, shall, as far as may be, apply to similar offences committed in respect of the said fees. In particular and without prejudice to the generality of the provisions of the foregoing paragraph, the penalty prescribed in the third column of article 1 of section 167 of the Sea Customs Act, 1878, shall be leviable in respect of the contravention of any bye-law made under this Act.

Tables of the fees leviable under this Act shall be posted up in some conspicuous position at every landing-place at which such fees are leviable, in English and the Vernacular language of the district, State, or territory in which the port is situate.

The Chief Ports Officer, Maharashtra State may, with the previous sanction of Government, from time to time make, and from time to time alter or repeal, bye-laws not inconsistent with the provisions of this Act :

1. (a) regulating the use of every landing-place to which this Act applies;
2. (b) providing for the management of the traffic over, on or about and to and from every such landing-place;
3. (c) regulating the collection and remittance of the fees leviable under all or any of the provisions of this Act; and
4. (d) generally for the guidance of all persons in matters connected with the enforcement of this Act. The bye-laws so made, and every alteration of the same and every order repealing the same or any portion thereof, shall be published in the Official Gazette.

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