Right of Access to Islands Act
Act 35 of 1967
- Commenced on 5 May 1975
- [This is the version of this document at 30 June 2012 and includes any amendments published up to 30 June 2014.]
1. Short titleThis Act may be cited as the Right of Access to Island Act.
3. Right of access by Government officerA Government officer shall have the right of access toany island in private ownership for the purpose of performing his duties and for any purpose incidental thereto or connected therewith.
4. Right of access in emergency
5. Powers which may be exercised by Government officerWithout prejudice to the generality of the provisions of section 3 a Government officer, for the purposes aforesaid, may exercise any or all of the following powers:—
6. Minister may direct officer to reside on islandThe Minister may direct that a Government officer shall reside on any island in private ownership for the purpose of performing his duties and for any purpose incidental thereto or connected therewith.
7. Powers which resident officer and members of his household may exerciseA resident Government officer, in addition to the power conferred by sections 3 and 5, may reside on the island together with members of his household and for such purpose the resident Government officer and all the members of his household may exercise the powers specified in paragraphs (a), (b) and (f) of section 5.
8. Power to requisition land for officer's residenceWhere the Minister directs a Government officer to reside on an island in private ownership the Minister may requisition such area of land on the island as may be necessary to provide a residence for such officer.
9. Officers and other persons to do as little damage as may beGovernment officers or resident Government officers and members of their household shall do as little damage as possible in the exercise of the several powers conferred by this Act.
10. Duty to give help and facilities to officersThe owner of the island and his agents and servants shall give all the help and the facilities necessary on the island to Government officers in the exercise of their duties and of the several powers conferred by this Act.
11. Duty of owner with regard to lighthouses, beacons and other aids to navigationThe owner of an island on which any light, beacon or other aid to navigation has been placed, erected or set up shall ensure that at all times such light, beacon or aid is not obscured by vegetation or by any building or structure and shall follow all directions given in this respect by the Harbour Master.
12. Compensation and other sums payable
13. Officers and others not to be obstructedNo person shall obstruct or hinder a Government officer or a resident Government officer and any member of his household in the execution of his duties as a Government officer on an island in private ownership or in the exercise of any power or right conferred by this Act.
14. OffencesAny person who contravenes or fails to comply with any provision of section 4(4), (5) or (6) or section 11 or section 13 is guilty of an offence and liable to a fine of five thousand rupees and imprisonment for one year.
15. Retrospective effect of certain provisionsThe provisions of this Act shall apply with retrospective effect to any island in private ownership on which any building, structure or lighthouse has been erected by the Government and on which Government officers reside and for the purpose of this Act—
16. SavingThe powers conferred by this Act shall be in addition to and not in derogation of the powers which Government officers may have and exercise under any other law.
History of this document
05 May 1975