49. Detainer of vessel violating rules - Any vessel entering or navigating any
canal contrary to the rules made in that behalf by the State Government, or so as
to cause danger to the canal or the other vessels therein, may be removed or
detained or both removed and detained by the Divisional Canal Officer or by any
other person duly authorised in this behalf.
Liability of owners of vessels causing damage. - The owner of any vessel
causing damage to a canal, or removed or detained under this section, shall be
liable to pay to the State Government such sum as the Divisional Canal Officer
with the approval of the Superintending Canal Officer determines to be necessary
to defray the expenses of repairing such damage, or of such removal or
detention, as the case may be.
50. Recovery of fines for offences in navigating canals. - Any fine imposed
under this Act upon the owner of any vessels, or the servant or agent of such
owner or other person in charge of any vessel, for any offence in respect of the
navigation of such vessel, may be recovered either in the manner prescribed by
the Code of Criminal Procedure or if the Magistrate imposing the fine so directs
as though it were a charge due in respect of such vessel.
51. Powers to seize and detain vessel on failure to pay charges. - If any
charge due under the provisions of this Part in respect of any vessel is not paid
on demand to the person authorized of collect the same, the Divisional Canal
Officer may seize and detain such vessel and the furniture thereof until the
charge so due, together with all expenses and additional charges arising from
such seizure and detention, is paid in full.
52. Power to seize cargo or goods, if charges due thereon are not paid. - If
any charge due under the provisions of this Part in respect of any cargo or goods
carried in a Government vessel on a canal, or stored on or in lands or
warehouses occupied for the purposes of a canal, is not paid on demand to the
person authorised to collect the same, the Divisional Canal Officer may seize
such cargo or goods and detain them until the charge so due together with all
expenses and additional charges arising from such seizure and detention, is paid
in full.
53. Procedure for recovery of such charges after seizure. - Within a
reasonable time after any seizure under section 51 or section 52, the said Canal
Officer shall give notice to the owner or person in charge of the property seized
that it, or such portion of it as may be necessary will, on a day to be named in the
notice, but not sooner than fifteen days from the date of the notice, be sold in
satisfaction of the claim on account of which such property was seized unless the
claim be discharged before the day so named.
And if such claim be not so discharged, the said Canal Officer may, on
such day sell the property seized, or such part thereof as may be necessary to
yield the amount due together with the expenses of such seizure and sale :
Provided that no greater part of the furniture of any vessel or of any cargo
or goods shall be so sold than shall, as nearly as may be, suffice to cover the
amount due in respect of such vessel, cargo or goods. The residue of such
furniture, cargo or goods, and of the proceeds of the sale, shall be made over to
the owner or person in charge of the property seized.
54. Procedure in respect of vessels abandoned and goods unclaimed. - If
any vessel be found abandoned in a canal or any cargo or goods carried in a
Government vessel on a canal, or stored on or in lands or warehouses occupied
for the purposes of a canal, be left unclaimed for a period of two months, the
Divisional Canal Officer may take possession of the same.
The Officer so taking possession may publish a notice that if such vessel
and its contents or such cargo or goods are not claimed previously to a day to be
named in the notice not sooner than thirty days from the date of such notice, he
will sell the same, and if such vessel, contents, cargo or goods be not so claimed,
he may, at any time after the day named in the notice, proceed to sell the same.
Disposal of proceeds of sale. - The said vessel and its contents and the said
cargo or goods if unsold, or, if a sale has taken place, the proceeds of the sale
after paying all tolls, charges, and expenses incurred by the Divisional Canal
Officer on account of the taking possession and sale, shall be made over to the
owner of the same, when his ownership is established to the satisfaction of the
Divisional Canal Officer.
If the Divisional Canal Officer is doubtful to whom such property or
proceeds should be made over, he may direct the property to be sold as
aforesaid, and the proceeds to be paid into the district treasury, there to be held
until the right thereto be decided by a court of competent jurisdiction.