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Section 3

The Puducherry Landing and Shipping Fees Act, 1971Union territory Act of Puducherry · Act 16 of 1971

(1) On and from the commencement of this Act, there shall be levied a fee to be called “Landing and shipping fee”, upon all the passengers and goods landed from or shipped into any vessel lying or being within the limits of any port within the Union territory of Puducherry at such rate which the Government, may, having regard to the nature of the benefits conferred, services rendered and amenities provided, prescribe in this behalf.

(2) The fees levied under sub-section (1) shall be in addition to any other tolls or charges that are lawfully levied within the port at the commencement of the Act.

(3) The Government may, by general or special order, exempt any class or category of passengers or goods from the payment of fees leviable under subsection (1) and may remit the whole or any portion of the fees already levied in relation to such class or category of passengers or goods if it is satisfied that there are special grounds for so doing.

Rates of fees to be notified.

4. The rates shall be notified in the Official Gazette and shall also be exhibited at such places, in such language or languages as may be prescribed.

560 Mode of utilisation of landing and shipping fees collected

5. All amounts collected by way of landing and shipping fees (excluding the cost of collection) under this Act shall be utilised for the following purposes, namely: --

(a) to meet the expenditure on the pay and allowance of the officers and establishment of the Port Department, Puducherry;

(b) to provide for special facilities in respect of import and export of goods from the port such as maintenance of pier, maintenance of trolley lines and providing trolley lines;

(c) to make available adequate quantity of water and power within the port premises;

(d) to build resting places and waiting sheds for passengers;

(e) for such other purposes as are incidental to the aforesaid purposes.

Detention of goods until payment of fees

6. It shall be lawful for the officer appointed in this behalf by the Government or any of his assistants to detain any such goods until the fees are paid and it shall be the duty of such officer to give notice in writing to the owner stating the amount of fees and charges payable in respect of such goods and in the event of such payment being refused or delayed for fourteen days from the date of such notice if the owner or consignee of such goods shall be in the port concerned, or otherwise for a period of thirty days from the date on which such fees are payable, it shall be lawful for such officer to sell or cause to be sold by public auction the said goods, and after paying the expenses of such detention and sale and double the amount of the fees by way of a fine, to pay the surplus, if any, of the proceeds of the sale to the owner or consignee or other person entitled thereto, if claimed within six months from the date of sale:

Provided that if the goods are of a perishable nature, the said officer may sell the same or cause them to be sold at such earlier period being not less than twentyfour hours after the landing of the goods as he thinks fit.

561 Recovery of damages from the owner of vessel, etc.

7. Where any vessel or drift fouls a pier, jetty, wharf or quay and causes damage thereto, the owner or master of the vessel or the owner of the drift, as the case may be, shall be liable for the amount of such damage which may be ascertained in the manner prescribed and recovered in accordance with the rules made by the Government either by seizure and sale of such vessel or drift and of any property thereon or in such other manner as may be prescribed.

Penalties

Where this provision sits

ActThe Puducherry Landing and Shipping Fees Act, 1971
Section3
JurisdictionUnion territory of Puducherry
StatusIn force as published by the source

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