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1. This Ordinance may be cited as the Colombo Graving Dock and Patent Slip Ordinance.
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Interpretation.
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2. In this Ordinance and in any rules made thereunder, unless the context otherwise requires-
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” graving dock” means the graving docks in the harbour at Colombo, and includes any basin, lock, entrance, channel, caisson, pier, quay, or other works, appliances, or things appertaining to the said graving docks ;
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” patent slip ” means the patent slip in the harbour at Colombo, and includes any entrance channel, inclined plane, cradle, graving blocks, or other works, appliances, or things appertaining to the said patent slip.
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Appointment of officers to superintend and manage graving dock and patent slip.
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3. There may from time to time be appointed3 a superintendent and such dock masters and such other officers and servants as may be necessary for the superintendence, management, and working of the graving dock and patent slip.
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4.
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(1) The Minister1 may from time to time make, and when made may revoke, amend, or vary rules for regulating the management and use of the graving dock and patent slip.
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(2) In particular and without prejudice to the generality of the power conferred by the foregoing subsection such rules may provide-
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(a) for the guidance of the officers and servants in charge of, or employed in connexion with, the graving dock and patent slip, and for regulating their respective duties and conduct;
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(b) for the safe and convenient use of the graving dock and patent slip, and for regulating the admission of vessels into or near the graving dock or on or near to the patent slip and their removal therefrom ;
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(c) for prescribing the fees, charges, and rents to be
paid for the use of the graving dock and patent slip;
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(d) for regulating the conduct of persons on board
of any vessel or employed on any work being carried out on a vessel, when in the graving dock or on the patent slip ;
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(e) for regulating the use of fires and lights on board
of or for the use of any vessel in the graving dock or on the patent slip ;
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(f) for regulating the sanitation of the graving dock and patent slip.
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(3) All rules when made by the Minister1 shall be published in the Gazette, and from the date of such publication shall, subject to the provisions of the next following subsection, have the same force as if they had been enacted by this Ordinance.
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(4) All such rules shall be laid before the Senate and the House of Representatives if Parliament is in session, 1 within one month of such publication, and if not in session, then as soon as possible after the commencement of the session next ensuing. If within forty (days after their being so laid before the Senate and the House of Representatives1 any rule has been disapproved by resolution of the Senate or the House of Representatives, l then such rules shall cease to have any force or effect, but without prejudice to anything done thereunder.
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Penalties for offences against rules.
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5. The Minister[1] may by any rules made under this Ordinance impose on offenders against the same such reasonable penalties as he thinks fit, not exceeding the sum of one hundred rupees for each offence, and, in the case of a continuing offence, a further penalty not exceeding fifty rupees for each day after written notice of the offence has been given to the offender ; but all such rules imposing any penalty shall be so framed as to allow of the recovery of a sum less than the full amount of the penalty.
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6.
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(1) No action or other proceedings shall be commenced against any person for anything done, or purporting to have been done, in pursuance of this Ordinance or of any rules made thereunder, without giving to such person one month’s previous notice in writing of the intended action or proceeding, and of the cause thereof, nor after six months from the accrual of the cause of such action or other proceeding.
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(2) The Government of Ceylon shall not be responsible for the misfeasance, malfeasance, or nonfeasance of any officer or servant appointed under this Ordinance, nor shall the said Government or any of the said officers or servants be liable in damages for any act bona fide done or ordered to be done by them in pursuance of this Ordinance or of any rule made thereunder.
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Detention of vessels on account of stress of weather.
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7.
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(1) The superintendent or other officer in charge of the graving dock or patent slip may refuse to undock any vessel, if the conditions of sea and weather or the state of the graving dock or patent slip are such that, in his judgment, the vessel cannot be undocked without undue risk of injury to the vessel or to the graving dock or patent slip.
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(2) Where by reason of such refusal any vessel has been detained, after being ready to be undocked, in the graving dock or on the patent slip, neither the Government of Ceylon nor the superintendent or other officer in charge of the graving dock or patent slip shall be answerable for any loss or damages occasioned by or arising out of such detention ; but no fees, charges, or rents shall be chargeable in respect of the period during which the vessel is detained after being ready to be undocked.
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