Magistrate to determine the amount to be levied in case of dispute.
59. Magistrate to determine the amount to be levied in case of dispute. If any dispute arises concerning the amount leviable by any distress or arrest under this Act or the costs payable under the last foregoing section, the person making the distress or using the arrest may detain the goods distrained or arrested, or the proceeds of the sale thereof, until the amount to be levied has been determined by a Magistrate, who, upon application made to him for that purpose, may determine the amount and award such costs to be paid by either of the parties to the other of them as he thinks reasonable, and payment of such cost, if not paid on demand, shall be enforced as if they were a fine Jurisdiction over offences beyond local limits of jurisdiction. 60. Jurisdiction over offences beyond local limits of jurisdiction. (1) Any person offending against the provisions of this Act in any port subject to this Act shall be punishable by any Magistrate having jurisdiction over any district or place adjoining the port.
(2) Such Magistrate may exercise all the powers of a Magistrate under this Act, in the same manner and to the same extent as if the offence had been committed locally within the limits of his jurisdiction, notwithstanding that the offence may not have been committed locally within such limits, and, in case any such Magistrate exercises the jurisdiction hereby vested in him, the offence shall be deemed, for all purposes, to have been committed locally within the limits of his jurisdiction.
Conviction to be quashed on merits only.
61. Conviction to be quashed on merits only. (1) No conviction, order or judgment of any Magistrate under this Act shall be quashed for error of form or procedure, but only on the merits, and it shall not be necessary to state, on the face of the conviction, order or judgment, the evidence on which it proceeds.
(2) If no jurisdiction appears on the face of the conviction, order or judgment, but the depositions taken supply that defect, the conviction, order or judgment shall be aided by what so appears in the depositions.
CHAPTER VIII SUPPLEMENTAL PROVISIONS
Hoisting unlawful colours in port.
62. Hoisting unlawful colours in port. (1) If any vessel belonging to 1*[any citizen of India or Commonwealth citizen], or sailing under 2*[Indian or British colours], hoists, carries or wears, within the limits of any port subject to this Act, any flag, jack, pennant or colours, the use whereof on --------------------------------------------------------------------- 1. Subs. by the A. O. 1950 for "any of His Majesty's subjects". 2. Subs. by the A. O. 1950 for "British colours". 93 board such vessel has been prohibited by the 1*Merchant Shipping Act, 1894 (57 & 58 vict., c. 60.), or any other Statute now or hereafter to be in force, or by any proclamation made or to be made in pursuance of any such Statute, or by any of 2*[the regulations] in force for the time being, the master of the vessel shall, for every such offence, be punishable with fine which may extend to fifty rupees.
(2) Such fine shall be in addition to any other penalty recoverable in respect of such an offence.
(3) The conservator of the port or any officer of 3*[the Indian Navy] may enter on board any such vessel and seize and take away any flag, jack, pennant or colours so unlawfully hoisted, carried or worn on board the same.
63. Foreign deserters. Any Magistrate, upon an application being made to him by the Consul of any foreign Power to which section 238 of the 1*Merchant Shipping Act, 1894 (57 & 58 vict., c. 60), has, by an Order in Council 4*[or order], been, or shall hereafter be, declared to be applicable, or by the representative of such Consul, and upon complaint on oath of the description of any seaman, not being a slave, from any vessel of such foreign Power, may, until a revocation of such Order in Council 4*[or order] has been publicly notified, issue his warrant for the apprehension of any such deserter, and, upon due proof of the desertion, may order him to be conveyed on board the vessel to which he belongs or, at the instance of the Consul, to be detained in custody until the vessel is ready to sail, or, if the vessel has sailed, for a reasonable time not exceeding one month: Provided that a deposit be first made of such sum as the Magistrate deems necessary for the subsistence of the deserter during the detention and that the detention of the deserter shall not be continued beyond twelve weeks.
Application of sections 10 and 21.
64. Application of sections 10 and 21. (1) The provisions of sections 10 and 21 shall be applicable to all ports heretofore or hereafter declared by the 5*[Government] to be ports for the shipment and landing of goods but not otherwise --------------------------------------------------------------------- 1. Coll. Stat. Vol. II. 2. Subs. by the A. O. 1950, for "His Majesty's regulations". 3. Subs. by the A. O. 1950, for "His Majesty's Navy or the Royal Indian Navy." 4. Ins. by the A. O. 1950. 5. Subs. by the A. O. 1937, for "L. G.". 94 subject to this Act, and may be enforced by any Magistrate to whose ordinary jurisdiction any such port is subject.
(2) Any penalties imposed by him, and any expenses incurred by his order, under the said provisions, shall be recoverable respectively in the manner provided in sections 55 and 57.
(3) In any of the said ports for the shipment and landing of goods the consent referred to in section 21, sub-section (4), may be given by the principal officer of customs at such port or by any other officer appointed in that behalf by the 1*[Government].
Grant of sites for sailors' institutes. 65. Grant of sites for sailors' institutes. Any local authority in which any immoveable property in or near a port is vested may, 2*[with the previous sanction, in the case of a cantonment authority or the port authority of a major port, of the Central Government, and in other cases, of the State Government], appropriate and either retain and apply, or transfer by way of gift or otherwise, the whole or any part of the property as a site for, or for use as, a sailors' home or other institution for the health, recreation and temporal well-being of sailors.
Exercise of powers of conservator by his assistants.
66. Exercise of powers of conservator by his assistants. (1) All acts, orders, or directions by this Act authorized to be done or given by any conservator may, subject to his control, be done or given by any harbour-master or any deputy or assistant of such conservator or harbour-master.
(2) Any person authorized by this Act to do any act may call to his aid such assistance as may be necessary.
Service of written notices of directions.
67. Service of written notices of directions. Any written notice of a direction given under this Act, left for the master of any vessel with any person employed on board thereof, or affixed on a conspicuous place on board of the vessel, shall, for the purposes of this Act, be deemed to have been given to the master thereof.
Publication of orders of Government.
68. Publication of orders of Government. Every declaration, order and rule of a 1*[Government] made in pursuance of this Act shall be published in the Official Gazette, and a copy thereof shall be kept in the office of the conservator and at the custom-house, if any, of every port to which the declaration, order or rule relates, and shall there be open at all reasonable times to the inspection of any person without payment of any fee. --------------------------------------------------------------------- 1. Subs. by the A. O. 1937, for "L. G." 2. Subs. by the A. O. 1937, for "with the previous sanction of the L. G." 95 68A. Authorities exercising jurisdiction in ports to co-operate inmanoeuvres for defence of port. 1*[68A. Authorities exercising jurisdiction in ports to co- operate in manoeuvres for defence of port. Every authority exercising any powers or jurisdiction in, or relating to, any port to which this Act for the time being applies, shall, if so required by an officer authorized by general or special order of the Central Government in this behalf, co-operate in such manner as such officer may direct, in carrying out any manoeuvres in connection with any scheme or preparations for the defence of the said port in time of war, and for this purpose shall, if so required, temporarily place at the disposal of such officer the services of any of its staff and the use of any of its vessels, property, equipment or other material: Provided, firstly, that if any vessels are placed at the disposal of such officer in accordance with this section, the Central Government shall, in respect of the period during which they are so at his disposal, bear the running expenses of such vessels, and be responsible for any damage thereto. Explanation.--The expression "running expenses" in this proviso includes all outlay incurred in connection with the use of the vessels other than any charges for their hire, or for the wages of the officers and crews of such vessels: Provided, secondly, that any officer making a requisition under this section shall exercise his powers in such a way as to cause as little disturbance to the ordinary business of the port as is compatible with the exigencies of the efficient carrying out of the manoeuvres: Provided, thirdly, that no suit or other legal proceeding shall lie against any authority for any default occurring by reason only of compliance with a requisition under this section. 68B. Duties of the said authorities in an emergency. 68B. Duties of the said authorities in an emergency. Whenever the Central Government is of opinion that an emergency has arisen which renders it necessary that the duties imposed for the purposes specified in section 68A on the authorities therein mentioned, or other duties of a like nature, should be imposed on such authorities continuously during the existence of the emergency, it may, by general or special order, authorize any officer to require the said authorities to perform such duties until the Central Government is of opinion that the emergency has passed, and the said authority shall comply accordingly, and the provisions of the said section shall apply subject to the following modification, namely:-- The Central Government shall pay any authority, on whom a requisition has been made, such compensation for any loss or damage attributable to such requisition, and for any services rendered or expenditure incurred in complying therewith as, in default of agree- ---------------------------------------------------------------------- 1. Ins. by Act 6 of 1916, s. 11. 96 ment, shall be decided to be just and reasonable, having regard to the circumstances of the case, by the arbitration of a person to be nominated in this behalf by the Central Government, and the decision of such person shall be final.] 68C. Application of certain provisions of the Act to aircraft. 1*[68C. Application of certain provisions of the Act to aircraft.
(1) The provisions of sections 6, 13 to 16 (both inclusive), 18, 21 and 28, sub-section (2) of section 31 and sections 33, 34, 35, 39, 42 to 48 (both inclusive) and 55 shall apply in relation to all aircraft making use of any port subject to this Act, while on water as they apply in relation to vessels.
(2) No such aircraft shall enter or leave any port subject to this Act, except with the permission granted by the conservator of the port or by such other officer as may be authorized in this behalf by the conservator.]
Repeal. 69. [Repeal.] Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and Sch.