#THE OBSTRUCTIONS IN FAIRWAYS ACT, 1881 
__________ 

##ARRANGEMENT OF SECTIONS 
__________ 

###PREAMBLE 

SECTIONS 

1. Short title. 
2. Central Government empowered to remove or destroy obstruction in fairway. 
3. Central Government entitled to expenses incurred in removing obstruction. 
  Dispute concerning such expenses. 
4. Notice of removal to be given by Central Government. 
5. Things removed may, in certain cases, be sold. 
6. Proceeds how applied.
7. “Vessel” to include tackle, cargo, etc. 
8. Power to make rules to regulate and prohibit the placing of obstructions in fairways. 
9. Penalty for breach of such rules. 
10. Compensation payable in certain cases for damage caused under this Act. 
11. Certain action of the Government previous to passing of this Act to be deemed to have been taken 
hereunder. 
12. Saving of other powers possessed by Central Government. 
13. Application to fairways in inland waterways. 

 
 
#THE OBSTRUCTIONS IN FAIRWAYS ACT, 1881

##ACT NO. 16 OF 18811 

[15th March, 1881.] 

An  Act  to  empower  the  Government  to  remove  or  destroy  obstructions  in  fairways, 
and to prevent the creation of such obstructions. 

**Preamble.**—WHEREAS  it  is  expedient  to  empower  the  Government  to  remove  or  destroy 
obstructions  to  navigation  in  fairways  leading  to  ports  in the territories which, immediately 
before the 1st November, 1956, were comprised in Part A States and Part C States and to prevent 
the creation of such obstructions: It is hereby enacted as follows:— 

1. **Short title.**—This Act may be called the Obstructions in Fairways Act, 1881;  3*** 

But nothing  herein  contained  shall apply to vessels belonging to, or hired by a contract made on 
behalf of, the Government.

2. **Central Government empowered to remove or destroy obstruction in fairway.**—Whenever, in 
any fairway leading to any port in 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  any 
fishing-stake, timber or other thing is placed or left, the Central Government may, if in its opinion such 
thing 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, in the opinion of the Central 
Government, it is not worth removing, cause the same or any part thereof to be destroyed. 

3. **Central  Government  entitled  to  expenses  incurred  in  removing  obstruction.**—Whenever 
anything is removed under section 2, the Central Government shall be entitled to receive a reasonable 
sum,  having  regard  to  all  the  circumstances  of  the  case,  for  the  expenses  incurred  in  respect  of  such 
removal. 

**Dispute concerning such expenses.—Any dispute arising concerning the amount due** under this 
section,  in  respect  of  anything  so  removed,  shall  be  decided  by  the  District  Magistrate  or  Presidency 
Magistrate having jurisdiction at the place where such thing is, upon application to him for that purpose 
by either of the disputing parties; and such decision shall be final. 

4. **Notice of removal to be given by Central Government.**—The Central Government shall, 
whenever anything is removed under section 2, publish in the Official Gazette a notification containing a 
description of such thing, and the time at which and the place from which the same was so removed. 

5. **Things removed may, in certain cases, be sold.**—If after publishing such notification, such thing 
is unclaimed, or 

  if  the  person  claiming  the  same  fails  to  pay  the  amount  due  for  the  said  expenses  and  any 
customs-duties or other charges properly incurred by the Central Government in respect thereof, 
the 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 publishing 
such notification as aforesaid. 

6. **Proceeds how applied.**—On realizing the proceeds of such sale, the amount due for expenses and 
charges as aforesaid, together with the expenses of the sale, shall be deducted therefrom, and the surplus 
(if any) shall be paid to the owner of the thing sold, or, if no such person appear and claim such surplus, 
shall be held in deposit for payment, without interest, to any person thereafter establishing his right to the 
same: 

Provided that he makes the claim within one year from the date of the sale.

7. **“Vessel” to include tackle, cargo, etc.**—For the purposes of this Act, the term “vessel” shall be 
deemed to include also every article or thing or collection of things being or forming part of the tackle, 
equipment, cargo, stores or ballast of a vessel; and any proceeds arising from the sale of a vessel, and 
of the cargo thereof, or of any other property recovered therefrom, shall be regarded as a common fund. 

8. **Power to make rules to regulate and prohibit the placing of obstructions in fairways.**—The 
Central Government may, from time to time, by notification in the Official Gazette,  make  rules  to 
regulate or prohibit, in any fairway leading to a port in the territories which, immediately before the 1st 
November,  1956,  were  comprised in Part A States and Part C States the placing of fishing-stakes, the 
casting  or  throwing  of  ballast,  rubbish,  or  any  other  thing  likely  to  give  rise  to  a  bank  or  shoal,  or  the 
doing  of  any  other  act  which  will,  in its  opinion,  cause,  or  be likely  to  cause,  obstruction  or  danger to 
navigation. 

9. **Penalty for breach of such rules.**—Whoever is guilty of any act or omission in contravention of 
the rules made under section 8, may be tried for such offence in any district or presidency-town in which 
he is found, and shall be punished with imprisonment for a term which may extend to six months, or with 
fine which may extend to five hundred rupees, or with both. 

10. **Compensation payable in certain cases for damage caused under this Act.**—Whenever  the 
maintenance or creation of an obstruction in any fairway has become lawful by long usage or otherwise, 
and  such  obstruction  is  removed  or  destroyed  under  section  2,  or  its  creation  is  regulated  or  prohibited 
under section 8, any person having a right to maintain or create such obstruction shall be entitled to receive 
from the Central Government reasonable compensation for any damage caused to him by such removal, 
destruction, regulation or prohibition. 

Every dispute arising concerning the right to such compensation, or the amount thereof, shall be 
determined according to the law for the time being in force relating to like disputes in the case of land 
needed for public purposes and not otherwise; and for the purposes of such law the fairway from or in 
which  such  obstruction  was  removed  or  destroyed,  or  in  which  its  creation  was  regulated  or 
prohibited, shall be deemed to be a part of the presidency-town or district in which the port to which 
such fairway leads is situate. 

11. **Certain action of the Government previous to passing of this Act to be deemed to have 
been taken hereunder.**—Whenever any obstruction in a fairway leading to a port in the territories 
which, immediately before the 1st November, 1956, were comprised in Part A States and Part C 
States has been removed or destroyed, or whenever the creation of any such obstruction has been 
regulated or prohibited, by an order of the Central Government or a State Government, previous to 
the passing of this Act, such removal, destruction, regulation or prohibition shall be deemed to have 
been effected under this Act. 

12. **Saving of other powers possessed by Central Government.**—Nothing herein contained shall be 
deemed to prevent the exercise by the Central Government of any other powers possessed by it in this 
behalf. 

13. **Application to fairways in inland waterways.**—All references in this Act to the Central 
Government  shall,  in  relation  to  fairways  in  inland  waterways, be construed as references to State 
Government.