The Obstructions in Fairways Act, 1881

This Act may be called the Obstructions in Fairways Act, 1881; 1*** But nothing herein contained shall apply to vessels 2[belonging to, or hired by a contract made onbehalf of, the Government].

Whenever, inany fairway leading to any port in 1[the territories which, immediately before the 1st November, 1956,were comprised in Part A States and Part C States], any vessel is sunk, stranded or abandoned, or anyfishing-stake, timber or other thing is placed or left, 2[the Central Government] may, if in its opinion suchthing is, or is likely to become, an obstruction or danger to navigation, (a) cause such thing or any part thereof to be removed; or (b) if such thing is of such a description or so situate that, 3[in the opinion of the Central Government], it is not worth removing, cause the same or any part thereof to be destroyed.

Wheneveranything is removed under section 2, 1[the Central Government] shall be entitled to receive a reasonablesum, having regard to all the circumstances of the case, for the expenses incurred in respect of suchremoval. Dispute concerning such expenses.--Any dispute arising concerning the amount due under thissection, in respect of anything so removed, shall be decided by the District Magistrate or PresidencyMagistrate having jurisdiction at the place where such thing is, upon application to him for that purposeby either of the disputing parties; and such decision shall be final.

The 1[Central Government] shall,whenever anything is removed under section 2, publish in the Official Gazette a notification containing adescription of such thing, and the time at which and the place from which the same was so removed.

If after publishing such notification, such thingis unclaimed, or if the person claiming the same fails to pay the amount due for the said expenses and anycustoms-duties or other charges properly incurred by the 1[Central Government] in respect thereof; the 2[Central Government] may sell such thing by public auction, if it is of a perishable nature,forthwith, and if it is not of a perishable nature, at any time not less than six months after publishingsuch notification as aforesaid.