Obstructions in Fairways Act, 1881
No: 16 Dated: Mar, 15 1881
THE OBSTRUCTIONS IN FAIRWAYS ACT, 1881
ACT NO. 16 OF 1881
An Act to empower the Government to remove or destroy obstructions in fairways, and to prevent the creation of such obstructions.
Preamble.—WHEREAS it is expedient to empower the Government to remove or destroy obstructions to navigation in fairways leading to ports in [the territories which, immediately before the 1st November, 1956, were comprised in Part A States and Part C States] and to prevent the creation of such obstructions:
It is hereby enacted as follows:—
1.Short title.—This Act may be called the Obstructions in Fairways Act, 1881; But nothing herein contained shall apply to vessels belonging to, or hired by a contract made on behalf of, the Government].
2. Central Government empowered to remove or destroy obstruction in fairway.—Whenever, in any fairway leading to any port in the territories which, immediately before the 1st November, 1956, were comprised in Part A States and Part C States], any vessel is sunk, stranded or abandoned, or any fishing-stake, timber or other thing is placed or left, [the Central Government] may, if in its opinion such thing is, or is likely to become, an obstruction or danger to navigation,
(a) cause such thing or any part thereof to be removed; or
(b) if such thing is of such a description or so situate that, [in the opinion of the Central Government], it is not worth removing, cause the same or any part thereof to be destroyed.
3. Central Government entitled to expenses incurred in removing obstruction.—Whenever anything is removed under section 2, [the Central Government] shall be entitled to receive a reasonable sum, having regard to all the circumstances of the case, for the expenses incurred in respect of such removal.
Dispute concerning such expenses.—Any dispute arising concerning the amount due under this section, in respect of anything so removed, shall be decided by the District Magistrate or Presidency Magistrate having jurisdiction at the place where such thing is, upon application to him for that purpose by either of the disputing parties; and such decision shall be final.
4. Notice of removal to be given by Central Government.—The [Central Government] shall, whenever anything is removed under section 2, publish in the Official Gazette a notification containing a description of such thing, and the time at which and the place from which the same was so removed.
5. Things removed may, in certain cases, be sold.—If after publishing such notification, such thing is unclaimed, or if the person claiming the same fails to pay the amount due for the said expenses and any customs-duties or other charges properly incurred by the [Central Government] in respect thereof, the Central Government] may sell such thing by public auction, if it is of a perishable nature, forthwith, and if it is not of a perishable nature, at any time not less than six months after publishing such notification as aforesaid.