Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com CALCUTTA PILOTS ACT, 1859 12 of 1859 [4th May, 1859] CONTENTS 1. Rcpeal of Acts XXIV of l845 and I of 1851 2. Trial of pilots accused of breach of duty 3. Appointment of Judge 4. Appointment of prosecutor 5. Trial to be held before Judge arid Jury. 6. Lists of merchants and pllots liable to serve on Jury 7. Notice to prosecture and place for appointin jury 8. Appointment of Jury 9. Day of trial to be fixed and summons to issue to Jurors. Penalty for non-attendance 10. Trial how to proceed lf any jurors does not attend 11. Register of jurors who have served 12. Repealed 13. Judge may summon witnesses to attend at certain time and place. Examination of witnesses about to leave Calcutta. 14. Penalty for witnesses not attending or refusing to give evidene 15. Arrest 16. Verdict of jurors 17. Sentence if accused found guilty 18. Government may remit sentence or mitlgate punishment 19. I f verdict of jurors bemanifestly contrary to evidence, or trial otherwise insufficient 20. Power to make rotes 21. Commissioners of Part of Calcutta may pass orders upon charge of breach of duty where trial unnecessary 22. Withdrawal of licence from licensed pilot 23. Act applicable to perrons in pilot service and to licensed pilots CALCUTTA PILOTS ACT, 1859 12 of 1859 [4th May, 1859] An Act to make better provision for the trial op pllots at the Presidency of Fort William in Bengala for breach of duty. WHEREAS it is expedient to amend the law for the trial of persons employed in c[the Hooghly Pilot Service of the Commissioners for the Port of Calcutta], when accused of breach of duty, and to extend the same to persons licenced to act a* pilot* at the laid Presidency. It is enacted as follows: 1. Rcpeal of Acts XXIV of l845 and I of 1851 :- Repealed by Repealing Act, 1870,S. I and Sch., Pt. II]. 2. Trial of pilots accused of breach of duty :- When any person employed in 1[the Hooghly Pilot Service of the Commissioners for the Port of Calcutta], or licensed to act, as a pilot at the said Presidency, shall be accuied of having comitted any breach of duty while engaged in such service or acting under such license, and it shall appear to the 1[Port Officer]. or to the 1 [Central Government] that such penon ought to be brought to trial for such breach of duty, such person shall be brought to trial upon a charge or charges framed by the said c[Port Officer], or iuch other person as the c[Central Government] shall direct, before a Court constituted under the provisions of this Act. 1. Substituted for "Governor-General in Council" by A. 0., 1937. 3. Appointment of Judge :- The 1 [Central Government] shall appoint a fit penon to be Judge of the laid Court 1. Substituted for the words "Governor-General in Council" by A. 0. 1937, 4. Appointment of prosecutor :- The 1[Central Government] shall appoint such penon as 1 [it] may think proper to conduct the proceedings before the Court at prosecutor on the part of Government. 1. Subitituted for the word "he", by A. 0., 1937 5. Trial to be held before Judge arid Jury. :- Every trial under this Act shall be held before the said Judge and a jury composed of two merchants of Calcutta, a master of a merchantship lying in the Port of Calcutta, and a pilot of not less than twenty years' service. 6. Lists of merchants and pllots liable to serve on Jury :- The Judge shall cause to be prepared and shall keep two seperate lists, one containing the names of merchants, the other containing the names of pilots, liable to serve on such jury. The names in each list shall be arranged in alphabetical order, and the place of abode and quality or business of each penon named shall be stated. 7. Notice to prosecture and place for appointin jury :- when the judge shall be about to hold a trial under this Act,he shall give notice to the prosecutor and to the party accsed of a time and place to be fixed by the Judge for appointing a jury to serve at such trial. 8. Appointment of Jury :- At the time and place mentioned in the notice, the Judge in the presence of the prossecutor and the person accured shall read over the names which first occur in each of the said lists of those merchants and pilots who he has reason to believe are present in Calcutta and capable of attending as jurors at the trial; and shall also propose the name of a master of a merchantship lying in the Port of Calcutta, whom he deems qualified to serve on such jury If no objection be made and allowed, the persons so nominated shall be the jury to serve at the trial. If the prosecutor or the party accused shall object to any of the persons named as jurors, he shall assign the grounds of his objection and such objection shall forthwith be decided by the Judge. If the objection be allowed, the Judge shall read from the said lists or propose (as the case may be) another name in (he place of the one objected to and the person so nominated shall serve on the jury provided no objection to such penon be made and allowed as aforesaid. 9. Day of trial to be fixed and summons to issue to Jurors. Penalty for non-attendance :- When a jury has been appointed under the last preceding section, the Judge shall fix a day for the trial and shall summon by writing under his hand the persons so appointed, to lit as a jury. If any such person when duly summoned shall, without Such excuse as the Judge shall allow to be sufficient, neglect or refuse to attend at the time appointed or to remain in attendance until the the trial shall be completed, it shall be lawful for the said Judge to impose upon any such pernon a fine not exceeding two hundred rupees for every such default; and such fine, if not paid, shall be levied by distress and sale of the goods and chattels of the defaulter under a warrant to be issued for that purpose by the Judge. Such warrant may be transmitted by the Judge to any 1 [Presidency Magistrate] for the town of Calcutta, and thereupon such Magistrate shall endorse the same and shall cause it to be executed in the same manner as if the warrant had been issued by such Magistrate. 1. Substituted for the words "Magistrate of Police" by 'he Bengal Pilot Service (Centralisation of Administration) Act, 1929 (XI of 1929), S. 2. 10. Trial how to proceed lf any jurors does not attend :- It for any cause any of the persons summoned to attend as jurors shall not be in attendance at the time fixed for the commencement of the trial, the trial may with the consent of the prosecutor and the party accused be held before the Judge and such jurors as shall be in attendance. If such consent be not given, the place of the absent juror shall be supplied by some other person selected by the Judge from the same profession or calling as the person originally summoned and who shall consent to serve, provided no objection to suck person be made and allowed in manner aforesaid. If the parties or either of them do not consent that the trial shall be held before the Judge and such jurors as may be in attendance and the place of the absent juror cannot be supplied by a person consenting to serve, the trial shall be postponed to another day and the Judge shall either re-summon the same jury or appoint and summon another jury in the manner hereinbefore provided. 11. Register of jurors who have served :- The Judge shall register in a book the names of all jurors' mentioned in either of the said two lists who have attended and served on a trial held under this Act. A juror who has served shall not be required again to serve and his name shall be excluded in reading over the jury lists until all the persons named in the said lists who are present in Calcutta and capable of attending as jurors shall have served. 12. Repealed :- Repealed by Oaths Act, 1873, S: 2 and Sch, Pt. II]. 13. Judge may summon witnesses to attend at certain time and place. Examination of witnesses about to leave Calcutta. :- It shall be lawful for the Judge of the said Court, at the instance of the prosecutor, or of the party accused, or of his own motion, by writing under his hand, to summon any penon to attend as a witness at a time and place to be specified in the summons, for the purpose of being examined at any trial before the said Court; or if such person shall be about to depart from Calcutta, so as to be unable to attend at such trial without serious inconvenience, then to be examined before the Judge of the said Court before the day fixed for the trial: Provided always that due notice of the time and place of such examination shall be given to the accused party; provided also that such witness may nevertheless be examined at the trial if he shall be able to attend thereat in which case his previous examination may also be read as the trial. 14. Penalty for witnesses not attending or refusing to give evidene :- If any person who shall have been duty summoned io attend as a witness shall, without sufficient excuse, neglect or refuse to attend, or attending shall refuse to give evidence or to answer any question which may be lawfully put to him, such person shall forfeit and pay such fine. net exceeding five bundled rupees, as the Judge of the said Court shall order; and such fine, if not paid, shall be levied by distress and sale of the goods and chattels of the person ordered to pay the same in the manner prescribed in Section 9 of this Act. 15. Arrest :- ( 1 ) Whenever the Judge of the said Court thinks it necessary lor obtaining evidence that any person should be arrested, he may issue a warrant for his arrest, and may, for the purpose of effecting the arrest, authorize any officer (subject, nevertheless, to any general or special instructions from the 1 [Central Government]) to enter any vessel. (2)Any officer so authorized may, for the purpose of enforcing the entry, call to his aid any officers of Police or Customs, or any other persons, and may seize and delain the vessel for such time as is reasonably necessary to effect the arrest; and every such officer or other person shall be deemed to be a public servant within the meaning of Penal Code, 1860 (3)No person shall be detained under this section for more than forty-eight hours] 1. Substituted for the words "Governor-General in Council" by A. 0. 1937. 16. Verdict of jurors :- Upon the completion of the trial the jurors shall give their verdict upon the charge, or, if there be more than one, upon each separats charge. The verdict shall be according to the opinion of the majority of jurors. If the jurors are equally divided, the Judge shall declare his opinion, and the verdict shall be according to the opinion of the Judge and the jurors with whom he concurs. 17. Sentence if accused found guilty :- If by such verdict the accused person is found guilty of the charge or of any one or more of the charges preferred against him, the Judge of tht Court shall sentence him to be dismissed from the said pilot service, or to have his license withdrawn, or shall award such other punishment, by loss of rank 1[* *], or by change of a license from a higher to a lower grade, or suspension from employment for a specific period, as to the Judge shall appear fit. Preparation of schedule of offeness and punishments. The 2[Central Government], 3[* *] may prepare a schedule of offences and punishments (such punishments being of the same nature as those hereinbefore mentioned) for the guidance of the laid Court; and if such schedule be prepared 4 [* *] and the charge proved before the said Court is an offence specified in such schedule, the Judge of the said Court shall award such punishment as is prescribed for such offence in the said schedule, and no other. Acquittal. If by such verdict as aforesaid the accused person is found not guilty of the charge or charges preferred against him, the Judge shall declare him acquitted of the same. 1. The words "or pay" were omitted by the Calcutta Pilots (Amendment) Act, 1920 (Beng. IV of 1920), S.2 2. Substituted for the words "Governor-General in Council" by A. 0" 1937. 3. The words "with the previous sanction of the Governor-General in Council" were omitted by the Decentralisation Act, 1914 (4 of 1914), S. 2 and Sch., Pt. I. 4. The words "and sanctioned" were omitted, by the Decentralisation Act, 1914. 18. Government may remit sentence or mitlgate punishment :- T he Proceedings of the Court shall be sent by the Judge to the 1[part officer] for submission to the 2[Central Government;] and no sentence of punishmen pronounced by the Judge of the said Court shall be final until it has been approved of by the 2[Central Government]. . The 2[Central Government] may remit the whole or any part of such sentence, or may direct the substitution of any mitigated punishment in lieu of the punishment awarded by the said Court as 5 [it] shall think fit. 1. Substituted for the words "Superintendent of Marine" by the Amending Act, 1903 (1 of 1903), S. 3 and Sch. II, 2. Substituted for the words "Governor-General in Council" by A. 0., 1937 5. Substituted for the word "he", by A. 0., 1937 19. If verdict of jurors bemanifestly contrary to evidence, or trial otherwise insufficient :- If it shall appear to the Judge of the said Court that the verdict of the jurors is manifestly contrary to the evidence, or that the trial is otherwise insufficient, the Judge, instead of passing sentence on the accused person or declaring him acquitted, as the case may be, may certify the same to the 1[Central Government], and the 1[Central Government] may either order a new trial before another jury or acquit the accused person, as 3 [it] shall think fit. 1. Substituted for the words "Governor-General in Council" by.A. 0" 1937 3. Substituted for the word "he", by A. 0., 1937.' 20. Power to make rotes :- It shall be lawful for the 1[Central Government] to make such rules as 2 [it] shall think proper, not inconsistent with the provisions of this Act, for conducting the proceedings and regulating the practice of the said Court. 1. Substituted for the words "Govenor-General in Council" by A. 0" 1937 2. Substituted for the word "he", by A. 0., 1937 21. Commissioners of Part of Calcutta may pass orders upon charge of breach of duty where trial unnecessary :- Nothing contained in this Act shall be held to restrict 1[the Commissioners for the Port of Calcutta] from passing such orders as m a y be deemed proper upon any charge of breach of duty preferred against any person employed in the said pilot service, when it shall not be deemed necessary that such person should be brought to trial for such breach of duty under the provisions of this A ct ; 2 [provided that no order for suspension, reduction or deprivation of appointment shall be made without the previous sanction of the Central Government]. 1. Substituted for the words "the marine authorities of the Government" by the Calcutta Port (Pilotage) Act ,1948 (33 of 1948), S. II (w.e.f. 16-3-1948) 2. Added, the words "the marine authorities of the Government" by the Calcutta Port (Pilotage) Act ,1948 (33 of 1948), S. II (w.e.f. 16-3-1948). 22. Withdrawal of licence from licensed pilot :- If any person licensed to act as a pilot when duly charged with breach of duty as aforesaid, shall refuse to submit himself to trial under the provisions of this Act, the licence if such person shall be withdrawn, and he shall be incapable of being again licensed to act as a pilot at the said Presidency. 23. Act applicable to perrons in pilot service and to licensed pilots :- The provisions of this Act shall extend to 1[all persons employed in the Hooghly Pilot Service and borne on the rolls of the Commissioners for the Port of Calcutta], whether such persons receive fixed salaries, or are remunerated by aportion of the pilotage charged on the vessels piloted by them, or in any other manner, and to all persons licensed to act as pilots at the said Presidency1 1. Substituted for the words, "all persons employed in the Pilot service at the said Presidency and borne on the rolls of the Government establishment" by the Caleutta Port (Pilotage) Act, 1948 (33 of 1948). S.I I (W.e.f. 16-5-1948)