Section 45: Penalty for evading payment of port-charges

The indian ports Act,1908State Act of Odisha · Act 15 of 1908

(1) If the master of a vessel evades the payment of any such sum as is mentioned in section 43, he shall be punishable with fine which may extend to five times the amount of the sum.

(2) In any proceeding before a Magistrate on a prosecution under sub-section (1), any such certificate as is mentioned in section 44, sub-section (2), stating that the master has evaded such payment, shall be sufficient prima facie proof of the evasion, unless the master shows to the satisfaction of the Magistrate that the departure of the vessel without payment of the sum was caused by stress of weather, or that there was lawful or reasonable ground for such departure.

(3) Any Magistrate having jurisdiction under this Act in any port to which the vessel may proceed, or in which she may he found, shall be deemed to have jurisdiction in any proceeding under this section.

Where this provision sits

Act	The indian ports Act,1908
Section	45
Marginal note	Penalty for evading payment of port-charges
Jurisdiction	State of Odisha
Status	In force as published by the source

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