The Coasting vessels Act, 1838
# THE COASTING-VESSELS ACT, 1838
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 ARRANGEMENT OF SECTIONS
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SECTIONS

1. Extent.
2. Rules as to coasting and other vessels belonging to any citizen of

India.

3. Marking or branding vessels with name of place and number.

Owner to paint name and number.

4. Registry of name, number and burthen.

Registry by whom to be made, Fresh registration.

5. Owners to apply for registry.

Information of registry at subordinate port.

6. Officers to perform duty of marking and branding.
7. Owner to obtain certificate of registry. Replacing lost certificate.
8. Sealing certificate.
9. [Repealed.].
10. Fees for certificates.
11. Fees to be credited to Government.
12. Production of certificate on demand.
13. Penalty for neglect to comply with rules.

Recovery of penalties.

14. Power to direct compensation for trouble in seizing.
15. [Repealed.].

SCHEDULE.

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1[THE 2*** COASTING-VESSELS ACT, 1838]

# ACT NO. 19 OF 1838

[27th August, 1838.]

**3 [1. Extent.—This Act extends in the first instance 4 [to the territories which,**

immediately before the 1st November, 1956, were comprised in the States] of Bombay,
Saurashtra and Kutch, but the Central Government may, by notification in the Offici al
Gazette, extend it to any other State [5][or part of a State] which has a sea-coast.]

**2.** **Rules as to coasting and other vessels belonging to any citizen of India.—**

6***The following rules shall be in force with respect to vessels belonging to 7[any citizen
of India] [8]***, and employed on the coasts of [9][any State] [5][or part of a State] to which this
Act extends] or in trading coastwise, as also with respect to fishing-vessels and harbourcraft belonging to [10][any such citizen].

**3. Marking or branding vessels with name of place and number.—[11]*** Every such**

vessel employed as aforesaid, fishing-vessel and harbour-craft shall be marked or branded
with the name of the place to which she belongs, and also with a number assigned for the
same by the officer authorised to make such registry as is hereinafter mentioned.

**Owner to paint name and number—and the owner or owners of such vessel employed s aforesaid,**

fishing-vessel and harbour-craft shall cause such name and number to be panted in black paint upon a
white ground on each quarter of such vessel employed or aforesaid fishing-vessel and harbour-craft, in
English figures and letters, each figure anti letter being six inches in length.

**4.** **Registry of name, number and burthen.—** [11]*** The name and number of every

such vessels employed as aforesaid, fishing-vessel and harbour-craft, and her burthen,
and also the name or names of the owner or owners thereof, shall be registered in a took
to be kept for that purpose by the person hereinafter directed to make such registry.

**Registry by whom to be made, Fresh registration.—At Bombay such registry**

shall be made by the [12] [Principal Officer, Mercantile Marine Department], and at
other places [13]*** by the [14][Commissioner of Customs] at such places respectively, or by such other
person as sha11 be appointed by the [15][Central Government] to act at such places respectively, in the
execution of this Act; and whenever any change shall take place in the burthen of such vessel employed

1. Short title given by the Bombay Short Titles Act, 1921 (Born. Act 2 of 1921).


This Act was declared by the Laws Local Extent Act, 1874 (15 of 1874), s. 5, to be in force in the whole of the Bombay

Presidency, except the Scheduled Districts.

This Act has been repealed in so far as it applies to sea-going ships fitted with mechanical means of propulsion and to

sailing vessels by the Merchant Shipping Act, 1958 (44 of 1958), s. 461 and Sch.

The Act came into force in Pondicherry vide Reg. 7 of 1963, s. 3 and Sch. I (w.e.f. 1-10-1963).
The Act has been extended to Goa, Daman and Diu with modifications by Reg. 12 of 1962 and Sch. (w.e.f. 1-2-1965) and

to Laccadive, Minicoy and Amindivi Islands by Reg. 8 of 1965, s. 3 and Sch. (w.e.f. 1-10-1968).

2. The word “Bombay” omitted by Act 22 of 1952, s. 3.
3. Ins. by s. 4, ibid. Original s. 1 was rep. by Act 14 of 1870, s. 1 and Sch., Pt. II.
4. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “to the States”.
5. Ins., ibid.
6. The words and figures “And it is hereby enacted, that from the said first day of November, 1838” rep. by Act 16 of 1874, s. 1

and Sch., Pt. I.

7. Subs. by the A. O. 1950, for “any of Her Majesty’s subjects”.
8. The words “residing within the State of Bombay” omitted by Act 22 of 1952, s. 5.
9. Subs. by s. 5, ibid., for “the said State”.
10. Subs. by the A. O. 1950, for “any of the same Her Majesty’s subjects”.
11. The words “And it is hereby enacted, that” rep. by Act. 16 of 1874, s. 1 and Sch., Pt. I.
12. Subs. by the A. O. 1950 (as amended by C. O. 29, dated 4-4-1951), for “Master-Attendant” (w.e.f. 26-1-1950).
13. The words “within the said State” omitted by Act 22 of 1952, s. 6.
14. Subs. by Act 22 of 1995, s. 82.
15. Subs. by the A. 0. 1937, for “Government of Bombay”.

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as aforesaid, fishing-vessel or harbour-craft, or in the name or names of the owner or owners thereof,
such registry shall be made again:

Provided, however, that it shall not be lawful to give any name to such vessel employed as

aforesaid, fishing-vessel or harbour-craft, other than that by which she was first registered.

**5. Owners to apply for registry.—[1]*** The owner or owners of every such vessel employed**

as aforesaid, fishing-vessel and harbour-craft shall apply to the person authorised to make such
registry in respect of the same, in order to have such registry as aforesaid made, or in order to
have such registry made again as aforesaid.

**Information of registry at subordinate port.—And whenever such vessel employed as**

aforesaid, fishing-vessel or harbour-craft is registered at a subordinate port, information thereof,
and of the number there assigned to her, shall immediately be given by the registering officer to
the [2][Principal Officer, Mercantile Marine Department] at Bombay.

**6. Officers to perform duty of marking and branding.—[1]*** The duty of marking or branding and**

of ascertaining the burthen of such vessels employed as aforesaid, fishing-vessels and harbour-craft, at
Bombay, shall be performed by the [2][Principal Officer, Mercantile Marine Department]; and at all other
places [3]***the duty of marking or branding and of ascertaining the burthen of such vessels employed as
aforesaid, fishing-vessels and harbour-craft shall be performed by the [4][Commissioner of Customs]
at such places respectively, or by such other persons as shall be appointed by the [5][Central Government]
to act at such places respectively, in the execution of this Act.

**7. Owner to obtain certificate of registry. Replacing lost certificate.—[1]***The owner or**

owners of every such vessel employed as aforesaid, fishing-vessel and harbour-craft shall apply for
and obtain a certificate of registry from the person authorised to make such registry as aforesaid, and
such certificate shall be in the form specified in the Schedule appended to this Act; and in the case of
any certificate being lost or destroyed, a renewed certificate may be obtained in the same manner and
on payment of the fees hereinafter mentioned.

**8. Sealing certificate.—[1]***** Such certificate of registry shall be scaled with the seal of the

6[Government of India], - and shall be signed by the person authorised to make such registry.

**9. [Dates for commencement of certificate and registration.] Rep. by the Repealing Act 1876 (12 of**

1876), s. 1 and Sch., Pt. I.

7[10. Fees for certificates.—The owner or owners of such vessels employed as aforesaid fishing
vessels and harbour-craft being excepted) on being registered as aforesaid, shall pay—

for each certificate of registry for a vessel not exceeding 5 tons burthen, the fee of . .  .1 rupee;

for each certificate for a vessel exceeding 5 tons burthen and not exceeding 25 tons burthen,

the fee of .    .  . .  .    .  .   .    .  .    .  .     .   . .5 rupees;

for each certificate for a vessel exceeding 25 tons burthen and not exceeding 100 tons burthen,

the fee of.  .  .   .   .   .   .   .   .    .   .    .   .    .   .    .   . . 7 rupees;

and for each certificate for a vessel of 100 tons or greater burthen, per ton, the fee of  .   .  2 annas.]

**11. Fees to be credited to Government.—[1]*** The person or persons so authorised to make such**

registry as aforesaid shall receive the fees payable for the same, and shall pay such fees to such oilier as

1. The words “And it is hereby enacted, that” rep. by Act 16 of 1874, s. 1 and Sch., Pt. I.
2. Subs. by A.O. 1950 (as amended by C. O. 29, dated 4-4-1951), for “Master-Attendent” (w.e.f. 26-1-1952).
3. The words “within the State of Bombay” omitted by Act 22 of 1952, s. 7.
4. Subs. by Act 22 of 1995, s. 82.
5. Subs. by the A. O. 1937, for “Government of Bombay”.
6. Subs. by the A. O. 1950, for “East India Company”.
7. Subs. by Act 22 of 1952, s. 8, for section 10.

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1 [the Central Government] shall appoint; the same to be carried to the credit of 2 [the Central
Government]:

3[Provided that any such fees as immediately before the commencement of 4[the Constitution]

were, under this Act as then in force to be carried to the credit of the [5][Provincial Government]
shall be paid to such officer as the State Government may appoint and be carried to the credit of
that Government.]

**12. Production of certificate on demand.—** [6]*** The owner or owners or commander

of every such vessel employed as aforesaid, fishing-vessel and harbour-craft shall
produce, on demand thereof by any officer of the Customs [7]*** or by any officer of the
8*** Navy, the certificate so directed to be applied for and obtained, in respect of such
vessel employed as aforesaid, fishing-vessel or harbour-craft, as above mentioned.

**13.** **Penalty for neglect to comply with rules.—** [6]*** Incase any such vessel employed as

aforesaid, fishing-vessel or harbour-craft shall not be so marked or branded in all respects as hereinbefore
directed, or in case the name and number of any such vessel employed as afford said, fishing-vessel or
harbour-craft shall not be so painted, or shall not continue so painted on such vessel employed as
aforesaid, fishing-vessel or harbour-craft, in all respects as herein-before directed;

or in case any such vessel employed as aforesaid, fishing-vessel or harbour-craft shall not be furnished

with such certificate as hereinbefore specified, or in case the owner or owners or commander of any such
vessel employed as aforesaid, fishing-vessel or harbour-craft shall not produce such certificate on demand
thereof as hereinbefore directed;

the owner or owners of every such vessel employed as aforesaid shall be subject to a fine of ten times

the amount of the fees payable in respect of the certificate of registry of such vessel, the same being a
vessel for the certificate of the registration of which any fee is payable; and the owner or owners of any
such fishing-vessel or harbour-craft shall be subject to a fine of ten rupees;

**Recovery of penalties—which fines may be recovered on conviction before any**

Magistrate [9] *** hiving jurisdiction, [7]*** by sale of such vessel, fishing-vessel or harbour-craft,
her furniture, ammunition, tackle and apparel;

**Penalty on repetition of default—and such fines shall be payable as often as the owner or**

owners or commander of any such vessel employed as aforesaid, fishing-vessel or harbour-craft
shall make such default as aforesaid: Provided every such subsequent default be made after the
expiration of one month from the date of the last conviction.

**14.** **Power to direct compensation for trouble in seizing.—[6]***** The [10] [Central

Government] may direct compensation for trouble and diligence in seizing such vessel
employed as aforesaid, fishing-vessel or harbour-craft, guns, furniture, tackle, ammunition
and apparel, as last mentioned, to be made, out of the proceeds of such seizure to the person
or persons who shall have seized the same, to such amount, in such manner and in such
shares or proportions, as to the said [11][Central Government] shall seem meet.

1. Subs. by the A. O. 1937, for “the Governor of Bombay in Council”.
2. Subs., ibid., for “the Government of Bombay”.
3. Ins., ibid.
4. Subs. by the A. O. 1950, for “Part III of the Government of India Act, 1935”.
5. Subs. ibid., for “Local Government”.
6. The words “And it is hereby enacted, that” rep. by Act 16 of 1874, s. 1 and Sch., Pt. I.
7. The words “within the said State” omitted by Act 22 of 1952, s. 6.
8. The word “Indian” rep. by Act 12 of 1876, s. 1 and Sch., Pt. I.
9. The words “Justice of the Peace, or person exercising the powers of a Magistrate” rep. by Act 12 of 1876, s. 1 and Sch., Pt. I.
10. Subs. by the A. O. 1937, for “Governor of Bombay in Council”.
11. Subs., ibid., for “Governor in Council”.

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**15. [Port-clearance.] Rep. partly by the Repealing Act,** 1874 (16 of1874), s. 1 and Sch.,

_Pt. I, and partly by the Repealing Act,_ 1876 (12 of 1876), s. 1 and Sch., Pt. I.

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SCHEDULE

This is to certify that _(here insert the names, occupation and residence of the owners)_

having declared that (he _or_ they) are sole owner or owners of the vessel (fishing-vessel _or_
harbour-craft) called _(the name) which is of the burthen of_ _(number of [1][tons])and that the said_
vessel (fishing-vessel _or_ harbour-craft) was _(where and when built),_ the said vessel (fishingvessel or harbour-craft) has been duly registered at the port of (name of port).

Certified under my hand.

_(Signature of Officer)_

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1. Subs. by Act 22 of 1952, s. 9, for “Bombay khandls”.

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