BOATS ORDINANCE

Arrangement of Sections

1. Short title.

CHAPTER I

THE LICENSING OF BOATS

2. Boats to be licensed.

3. Proper authority to issue licence on application and after inquiry.

4. Licence to be a stamped.

5. Licence to be numbered and registered.

6. Proper authority may withdraw licence.

7. Number of boat to be painted thereon.

8. Notice of transfer to be given.

9. Notice to be given if boat destroyed or rendered unfit for use.

10. Owner to have original licence.

11. Proper authority may issue licence in place of one lost or destroyed.

12. Books and lists to be kept of boats licensed.

13. Stamp duty payable under Ordinance how disposed of.

CHAPTER II

LIABILITIES OF OWNERS OF BOATS

14. Liabilities of the owners of licensed boats.

15. Not liable for loss of certain goods above fifty rupees unless delivered as such.

16. Increased rate of charge for such goods.

17. Carriers to give receipts penalty in case of neglect.

18. Publication of notice not to limit liability of carrier.

19. Any owner may be sued.

20. Parties entitled to damages may also recover extra charges.

21. Owner liable for thefts committed by his servants.

22. Owner liable to such damages only as are proved.

23. Goods sent by boats to be delivered within twenty four hours.

CHAPTER III

MISCELLANEOUS

24. Regulations.

25. Publication of regulations.

26. Penalties.

27. Saving clause.

28. Execution of Ordinance may be delegated to Master Attendant or Collector of Customs.

29. Proof of license to be on the accused.

30. Burden of proof.

31. Informer's share of penalty.

32. Limitation of prosecution.

33. Certain boats exempted from ordinances.

34. Interpretation.

SCHEDULE

4 of 1900,

14 of 1907,

32 of 1916,

61 of 1939,

3 of 1946.

AN ORDINANCE to consolidate the law regulating the carriage of passengers and goods by boat.

[Date of Commencement: 21st March, 1900]

1. Short title.

This Ordinance may be cited as the Boats Ordinance.

CHAPTER I

THE LICENSING OF BOATS

2. Boats to be licensed.

Subject to the provisions contained in section 28, no boat shall be used for carrying goods or passengers for hire from any port1 or place in Sri Lanka to any other port or place in Sri Lanka, or in any portion of the sea adjacent to Sri Lanka, or in any river, canal, lake, or inland water within the same, unless the owner thereof shall have obtained a licence for the same from the proper authority having jurisdiction within the province or town in which such owner resides or exercises his calling under the provisions of this Ordinance.

3. Proper authority to issue licence on application and after inquiry.

(1) Any owner of a boat who may be desirous of obtaining a licence to use such boat for the Purpose of carrying goods or passengers for hire shall make an application in writing to that effect to such proper authority, which application shall be substantially in the form D in the Schedule, and shall state accurately the cargo capacity of, and the number of passengers (if any) intended to be carried in, such boat, the length, breadth, and depth of such boat, the number of the crew to be carried by such boat, and whether such boat is propelled by steam or otherwise, and the class of boat for which such licence is desired, and shall contain a true and full description of the names and residences of the owners or owner of the boat. Every such application shall be signed by the applicant, and the proper authority on being satisfied, after making such inquiry as he shall deem necessary, that such boat is in good order and fit to be used for the purpose of carrying goods or passengers or both, as the case may be, shall issue a licence to the owner of such boat.

(2) If it shall become necessary to license any boat belonging to two or more persons in partnership, or to a corporate body, or to a joint stock company, such application may be made by one of the partners, or by the persons managing the affairs of such partnership, body, or company.

4. Licence to be a stamped.

(1) Each licence for a boat shall bear a stamp of three rupees, such stamp to be supplied by the party applying for the licence.

Form and duration of license.

(2) The licence for passenger boats shall be substantially in the form A in the Schedule, the licence for cargo boats shall be substantially in the form B in the Schedule and the licence for boats carrying both passengers and cargo shall be in the form C in the Schedule. Every such licence shall specify the cargo capacity of such boat and the number of passengers, if any, to be carried by such boat, the number of the boat, and the number of the crew, the places between which such boat may ply, and the name of the boat, if any.

(3) Each licence shall be in force until the thirty-first day of December in the year in and for which the same shall be granted, and no longer.

5. Licence to be numbered and registered.

The proper authority shall number each licence issued by him consecutively, commencing at the beginning of every year with the number 1, and shall keep a book in which he shall register all the particulars stated in the licence granted by him, and every entry in such register shall be numbered in accordance with the number of the licence to which it has reference. Any authenticated copy or extract from the register shall be deemed prima facie evidence of the facts stated therein.

6. Proper authority may withdraw licence.

It shall be lawful for the proper authority to withdraw a licence, after the same shall have been issued, if he has reason to believe that a boat is out of repair and not fit to be used for the purpose for which it was licensed, or if the owner shall commit any breach of the provisions of this Ordinance or the by-laws made thereunder:

Provided that when the proper authority withdraws a licence after it is issued, he may, if satisfied that the boat has been repaired and is fit to be used for the purpose of carrying goods or passengers, reissue such licence free of stamp duty.

7. Number of boat to be painted thereon.

The owner of every boat shall paint or cause to be painted, and shall keep painted, in arable figures, and not less than nine inches in length, in white or yellow on a black ground, or in black on a white or yellow ground, on a conspicuous part on both sides of the bow of such boat, in a legible and distinct manner, the number of such boat as mentioned in the licence, preceded by a distinguishing letter in Sinhala denoting the port or place of registry; and in the case of any boat propelled by a sail or sails, such number and letter shall be similarly painted on such sail or sails; and the licence of such boat may be withheld until it is so marked.

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