The Protection of Pilgrims Act, 1887
Bombay Act No. 2 of 1887.
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LEGISLATIVE HISTORY 6 |
(1) "pilgrim"
"pilgrim" means a Muhammadan who is about to proceed from the port of Bombay [* * * *] on a pilgrimage to the Hedjaz, whether he is going direct to Jeddah, or via any other part:(2) "Pilgrim broker"
(3) "agent"
"agent" includes a person who has chartered a vessel for the conveyance of pilgrims. "the Commissioner" means the Commissioner of Police, Bombay, or his deputy.] 3. Penalty for acting as a pilgrim-broker without licence. - Any person who, without a licence from the Commissioner, acts as pilgrim-broker shall be liable for each such offence to a fine which may extend to five hundred rupees. 4. Persons may be licensed to act as pilgrim-brokers. - Subject to the orders of the [Central Government], the Commissioner may grant to such persons as he thinks fit licences to act a pilgrim-brokers. The said licences shall be granted on such conditions and subject to such restrictions and limitations for the honest and good behaviour of the licensees as Government may from time to time prescribe. 5. Licences what to specify. - Every licence so granted shall specify-(a) the name and business-address of the licensees;
(b) the period for which it is to be in force;
(c) the conditions on which, and the restrictions and limitations subject to which, it is granted;
and shall be granted on payment [to the Central Government] of such fee, if any, as [that Government] may from time to time direct: [Provided that, until provision to the contrary is made by the [Parliament by law], all such fees shall be payable to the [State] Government under this section as were being lawfully taken thereunder immediately before the commencement of [the Constitution]] 6. Penalty for misbehaviour of licensed pilgrim-broker. - Any licensed pilgrim-broker who shall-(a) commit a breach of any of the terms or conditions of his licence;
(b) purchase for or sell to any pilgrim a passage-ticket by any vessel to which the provisions of the [ [Pilgrim Ships Act, 1895] ], apply, at any time before notice has been given by the master, owner or agent of such vessel, under section [8] of the said Act, of the date on which it is proposed that such vessel shall sail, and unless, in the case of an vessel, the proposed date of sailing is printed on the passage-ticket;
(c) charge a pilgrim more than the cost price of any passage-ticket, provisions or other articles purchased for him, or receive from him any fee or commission on account of such ticket;
(d) receive from the master, owner or agent of a vessel any fee or commission in respect of the sale of any ticket, exceeding five per centum of the price of such ticket;
(e) purchase for any pilgrim a passage-ticket, on which there is not printed the price charged by the master, owner or agent of the vessel for each class of accommodation;
(f) by fraud or by false representation as to the size of, or accommodation, on board, such vessels, or otherwise, or by any false pretence whatever, induce any person to purchase a passage-ticket;
shall be liable for each such offence to a fine which may extend to five hundred rupees. 7. Power to suspend and cancel licences. - The Commissioner may suspend the licence of any pilgrim-broker pending inquiry into any accusation against him of misconduct for which, if proved, he would be liable to a penalty under the last preceding section, and may cancel any licence granted by him if the licensee is convicted of any offence under the said section or of any criminal offence 8, 9 and 10. - [Repealed by Act 2U of 1932, section 24(1).] 11, 12, 12A and 12B. - [Repealed by Act 14 of 1927, section 4.] 13. Penalty for issue of tickets in excess. - Any matter, owner or agent of any vessel carrying pilgrims, who shall issue any passage-ticket in excess of the number allowed by the certificate granted under section [11 of the [Pilgrim Ships Act, 1895] ], shall for every passage-ticket so issued be liable to a fine not exceeding four times the cost price of such ticket. 14. Passage-tickets how to be numbered. Penalty for issue of tickets bearing same number. - All passage-tickets shall be numbered consecutively according to the order of issue; and any master, owner or agent, who shall is use two or more tickets bearing the same number, shall be liable to a fine not exceeding one thousand rupees 15. Provisions of Pilgrim Ships Act, 1895, to apply to offences and penalties. - The provisions of sections [51, 52 and 54 of the "Pilgrim Ships Act, 1895], shall apply to all offences punishable, and to all penalties leviable, under this Act. 16. Penalties to be enforced only at the instance of the Commissioner. - The penalties to which masters and owners of vessels are made liable by this Act shall be enforced only by information laid at the instance of the Commissioner.