9. Levy and collection of light-dues.—For the purpose of providing or maintaining or of
providing and maintaining lighthouses for the benefit of ships voyaging to or from 1
[India] or
between ports in 1
[India], the Central Government shall, subject to the provisions of this Act,
cause light-dues to be levied and collected in respect of every ship arriving at or departing from
any port in 1
[India].
10. Rates of light-dues leviable.—2
[(1) The Central Government may, by notification in
the Official Gazette, prescribe such rates, as it may deem necessary to provide for the purpose
mentioned in section 9, at which light-dues shall be payable, and may prescribe different rates
for different classes of ships or sailing vessels, or for ships or sailing vessels of the same class
when in use for different purposes or in different circumstances.]
(2) Light-dues payable in respect of a ship shall be paid by the owner or master of the ship on its
arrival at, and on its departure from, any port in 1
[India]:
Provided that, if light-dues have been paid in accordance with the provisions of this Act in
respect of any ship, no further dues shall become payable in respect of that ship for a period of
thirty days from the date on which the dues so paid became payable.
(3) An order under sub-section (1) imposing, abolishing or varying light-dues shall not
take effect till the expiration of thirty days from the day on which the order was notified in
the Official Gazette.
3
[(4) Every notification issued by the Central Government under sub-section (1) shall be laid,
as soon as may be after it is published in the Official Gazette, before each House of Parliament,
while it is in session, for a total period of thirty days which may be comprised in one session or
in two or more successive sessions, and if, before the expiry of the session immediately following
the session or the successive sessions aforesaid, both Houses agree in making any modification in
the notification orboth Houses agree that the notification should not be made, the notification shall
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however,
that any such modification or annulment shall be without prejudice' to the validity of anything
previously done the notification.]
11. Receipts for light-dues.—Light-dues shall be paid to the 4
[proper officer] who shall
grant to person paying the same a receipt in writing specifying—
(a) the port at which the dues have been paid;
1. Subs. by the A.O. 1950, for “the Provinces”.
2. Subs. by Act 66 of 1985, s. 7, for sub-section (1) (w.e.f. 1-2-1986).
3. Ins. by s. 7, ibid. (w.e.f. 1-2-1986).
4. Subs. by Act 37 of 1976, s. 3, for “Customs -collector” (w.e.f. 15-4-1976),
7
(b) the amount of the payment;
(c) the date on which the dues became payable; and
(d) the name, tonnage and other proper description of the ship in respect of which the payment is
made.
12. Ascertainment of tonnage.—1
[(1) For the purposes of levy of light-dues, the tonnage of
a ship or sailing vessel shall be reckoned as under the Merchant Shipping Act, 1958 (44 of
1958) for dues payable on a ship’ stonnage including the tonnage of any space added under the
said Act to the tonnage of ships by reason of such space being utilised for carrying cargo.]
(2) In order to ascertain the tonnage of any ship for the purpose of levying light-dues,
the 2
[proper officer] may—
3
[(a) if the ship is registered under any law for the time being in force in India or
under the law of any country, other than India, being a country the ships of which are
recognised or accepted by the Central Government to be of the tonnage denoted in their
certificates of registry or other national papers under any order made under any
enactment repealed by sub-section (1) of section 461 of the Merchant Shipping Act,
1958(44 of 1958), and continued in force under clause ( a) of sub-section (3) of that
section or under any rule made under clause (b) of sub-section (2) of section 74 of the
said Act (any such ship being hereafter in this section referred to as registered ship),
require the owner or master or other person having possession of the ship ’s register or
other papers denoting her tonnage to produce the same for inspection and, if such owner,
master or other person refuses or neglects to produce the register or papers, as the case
may be, or otherwise to satisfy the proper officer as to the tonnage of the ship, cause the
ship to be measured and the tonnage to be ascertained; or]
(b) If the ship is not a registered ship and the owner or master fails to satisfy
the2
[proper officer] as to the true tonnage thereof according to the mode of measurement
prescribed by the law for the time being in force for regulating the measurement of
registered ships, cause the ship to be measured and the tonnage thereof to be ascertained
according to such mode.
(3) If any person refuses or neglects to produce any register or other papers or otherwise
to satisfy the2
[proper officer] as to the true tonnage of any ship when required to do so
under this section, such person shall be liable to pay the expenses of the measurement of the
ship and of the ship and of the ascertainment of the tonnage, and if the ship is registered
ship, shall further, on conviction by a Presidency Magistrate or Magistrate of the first class
having jurisdiction in the port where the ship lies or in any port to which she may proceed,
be punishable with fine which may extend to one thousand rupees.
13. Recovery of light-dues expenses and costs.—(1) If the owner or master of any ship refuses or
neglects to pay to the 2
[proper officer] on demand the amount of any light-dues or expenses payable under
this Act in respect of the Ship, the 2
[proper officer] may seize the ship and the tackle, apparel and
furniture belonging thereto, or any part thereof, and detain the same until the amount of the dues or
expenses, together with the costs of the seizure and detention in paid.
(2) If any part of such dues, expenses or costs remains unpaid after the expiry of five days following
the date of the seizure, the 2
[proper officer] may cause the ship or other thing seized to be sold, and with
the proceeds of the sale may satisfy the dues, expenses or costs remaining unpaid, together with the costs
of the sale and shall repay the surplus, if any, to the person by whom the same were payable.
14. Refusal of port-clearance.—The officer whose duty it is to grant a port-clearance
for any ship shall not grant the port-clearance until the amount of all light-dues expenses
1. Subs. by Act 66 of 1985, s. 8, for sub-section (1) (w.e.f. 1-2-1986).
2. Subs. by Act 37 of 1976, s. 3, for “Customs-collector” (w.e.f. 15-4-1976).
3. Subs. by s. 6, ibid., for clause (a) (w.e.f. 15-4-1976).
8
and costs payable in respect of the ship under this Ac t and of any fines imposed thereunder
has been paid, or until security for the payment thereof has been given to his satisfaction.
15. Determination of disputes as to liability for payment.—If any dispute arises as to
whether light-dues, expenses or costs are payable in respect of any ship under this Act or as
to the amount of such dues, expenses or costs, the dispute shall, on application made in this
behalf by either of the disputing parties, be heard and determined by a Presidency
Magistrate or Magistrate of the first class having jurisdiction at the place where the dispute
arises, and the decision of such Magistrate shall be final.
16. Light-dues payable at one port recoverable at another.—(1) If the master of any
ship in respect of which any light-dues are payable at any causes the ship to leave such port
without having paid the same the 1
[proper officer] at that port may by writing require the
1
[proper officer] at any other port in 2
[India] to which the ship may proceed or in which she
may be recover the dues remaining unpaid.
(2) Any 1
[proper officer] to whom such a requisition is directed shall proceed to levy
such sum as if it were payable under this Act at the port at which he is the 1
[proper officer],
and a certificate by the 1
[proper officer] at the port at which the light-dues first became
payable, stating the amount payable, shall be sufficient proof in any proceeding under
section 13 or section 15 that such amount is payable.
17. Penalty for evading payment of light-dues.—(1) If the owner or master of a ship
evades or attempts to evade the payment of any light-dues, expenses or costs payable in
respect of the ship under this Act, he shall, on conviction by a Presidency Magistrate or
Magistrate of the first class having jurisdiction in any port to which the vessel may proceed
or in which she may be, found, be punishable with fine which may extend to five times the
amount of the sum payable.
(2) In an proceeding before a Magistrate in a prosecution under sub -section (1), any such
certificate as is mentioned in sub-section (2) of section 16, stating that the owner or master
has evaded such payment shall be sufficient proof of the evasion unless the owner or master
shows to the satisfaction of the Magistrate that the departure of the vessel without payme nt
of the sum was caused by stress of weather, or that there was lawful or reasonable grounds
for such departure.
18. Exemption from payment of light-dues.—The following ships shall be exempted from the
payment of light-dues under this Act, namely:—
(a) any ship belonging to Government 3*** or to a foreign Prince or State and not carrying cargo
or passenger for freight or fares ; and
(b) any ship of a tonnage of less than fifty tons ;
and the Central Government may, by notification in the Official Gazette, exempt any other ships, or
classes of ships or ships performing specified voyages from such payment either wholly or to such extent
only as may be specified in the notification.
19. Refund of excess payments.—Where light-dues have been paid in respect of any
ship in excess of the amount payable under this Act, no claim to refund of such ex cess
payment hall be admissible, unless it is made within six months from the date of each
payment.
4
[19A.Fees.—Fees may be charged for providing assistance to ships for calibrating their
Wireless Direction Finders and for rendering other services to vessels, at such rates as the
Central Government may specify in the rules made under this Act.]