[Act
7 of 1880] [11th March, 1880] Repealed
by Act 21 of 1923 PASSED BY THE GOVERNOR
GENERAL OF INDIA IN COUNCIL. (Received the assent of the
Governor General on the 11th March, 1880) An Act to amend the law
relating to Merchant Shipping, and for other purposes. Preamble.- WHEREAS it is
expedient to prevent the departure of certain ships from British India; and whereas it is also
expedient to provide for the relief of distressed seamen and apprentices at
ports in British India, and for the recovery of wages due to, and expenses
incurred in respect of, such seamen and apprentices in cases to which section
211 of the Merchant Shipping Act, 1854, and section 16 of the Merchant Shipping
Act, 1855, do not apply of their own force; and whereas it is also
expedient to provide in other respects hereinafter appearing for the regulation
and control of merchant shipping; It is hereby enacted as follows:- CHAPTER I PRELIMINARY This Act may be called ?The
Indian Merchant Shipping Act, 1880:? Commencement.- and it shall
come into force on the first day of June, 1880. In this Act, unless there is
something repugnant in the subject or context,- (1)
?ship?.- ?ship? includes every description of
vessel used in navigation, not propelled by oars: (2)
?master?.- ?master? means any person (except
a Pilot or Harbour-master) having for the time being the charge or control of a
ship: (3)
?port?.- ?port? in any provision of this Act
includes also any part of a river or channel leading to a port which for the
purposes of such provision the Local Government may, from time to time, by
notification in the official Gazette, declare to be included in such port. CHAPTER II UNSEAWORTHY AND UNSAFE SHIPS Nothing in this chapter
contained shall apply- (a)
to any ship belonging to, or hired by, Her
Majesty or the Secretary of State for India in Council; (b)
to any ship of less than one hundred and
fifty tons register employed solely in fishing of in plying coastwise between
ports situate in India and Ceylon; to any pleasure yacht. In this chapter, ?British
Indian ship? means a ship registered under Act No. XIX of 1838, Act No. X of
1841, or Act No. XI of 1850, or under any other law passed by the Governor
General in Council and for the time being in force for the registration of
ships in India; and (1)
?British ship?.- ?British ship? includes a
British Indian ship: (2)
?manner prescribed?.- ?manner prescribed?
means such manner as the Local Government, with the previous sanction of the
Governor General in Council, may, from time to time, by rules published in the
official Gazette, prescribe: (3)
?Unseaworthy?.- A ship is ?unseaworthy?
within the meaning of this chapter when the materials of which she is made, her
construction, the qualifications of the master, the number and description of
the crew, the weight, description and stowage of cargo, the tackle, sails,
rigging, stores, ballast and other equipment generally are not such as to
render her in every respect fit for the proposed voyage or service: (4)
?Unsafe?.- A ship is ?unsafe? within the
meaning of this chapter when by reason of the defective condition, of her hull,
equipments or machinery, or by reason of overloading or improper loading, she
is unfit to proceed to sea without serious danger to human life, having regard
to the nature of the service for which she is intended. Section
Sending or taking Unseaworthy Ship to Sea. (1)
Every person who sends or attempts to send a
British Indian ship to sea in such unseaworthy state that the life of any
person is likely to be thereby endangered, shall, unless he proves that he used
all reasonable means to insure her being sent to sea in a seaworthy state, or
that her going to sea in such unseaworthy state was under the circumstances
reasonable and justifiable, be punished with imprisonment for a term which may
extend to six months, or with fine which may extend to one thousand rupees, or
with both. (2)
Master taking unseaworthy ship to sea liable
to penalty.- Every master of a British Indian ship who knowingly takes such
ship to sea in such unseaworthy state that the life of any person is likely to
be thereby endangered shall, unless he proves that her going to sea in such
unseaworthy state was under the circumstances reasonable and justifiable, he
punished with imprisonment for a term which may extend to six months, or with
fine which may extend to one thousand rupees, or with both. (3)
For the purpose of giving such proof, every
person charged under this section may give evidence in the same manner as any
other witness. (4)
Prosecution to be by, or with consent of,
Local Government.- No prosecution under this section shall be instituted except
by, or with the consent of, the Local Government. (5)
Implied Condition of Seaworthiness in
Contract of Service In every contract of
service, express or implied, between the owner of a British ship and the master
or any seaman thereof, and in every instrument of apprenticeship whereby any
person is bound to serve as an apprentice on board any such ship, there shall
be implied, notwithstanding any agreement to the contrary, an obligation on the
owner that such owner and the master, and every agent charged with the loading
of such ship or the preparing thereof for sea, or the sending thereof to sea, shall
use all reasonable means to secure the seaworthiness of such ship for the
voyage at the time when such voyage commences, and to keep her in a seaworthy
state for the voyage during the same: Proviso.- Provided that
nothing in this section shall subject such owner to any liability by reason of
such ship being sent to sea in an unseaworthy state where, owing to special
circumstances, the so sending her to sea is reasonable and justifiable. Detention
of Unsafe Ships by the Local Government The Local Government, if it
has reason to believe, on complaint or otherwise, that a British ship in any
port to which it may from time to time specially extend this section, is
unsafe, may provisionally order the detention of such ship for the purpose of
being surveyed. Service of ground on master.-
A written statement of the grounds of such detention shall be forthwith served
on the master of such ship. When the Local Government
provisionally orders the detention of a ship, (1)
Action on receipt of his report.- it shall
forthwith appoint some competent person to survey such ship and report thereon,
and, on receiving his report, may either order the ship to be released or, if
in its opinion the ship is unsafe, may order her to be finally detained. (2)
Order of final detention.- An order of final
detention under this section may be either absolute or until the performance of
such conditions with respect to the execution of repairs or alterations, or the
unloading or reloading of cargo, as the Local Government thinks necessary for
the protection of human life; and the Local Government may, from time to time,
vary or add to any Such order: Service of report on master
and appeal to court of Survey.- Provided that, before an order for final
detention is made, a copy of the report shall be served upon the master of the
ship, and within seven days after such service the owner or master may appeal
against such report, in the manner prescribed, to the Court of Survey
(hereinafter mentioned) for the port where the ship is detained. Where a ship has been
provisionally detained and a person has been appointed under section eight to
survey such ship, the owner or master of the ship, at any time before such
person makes such survey, may require that he shall take with him as assessor
such person as such owner or master may select, being a person named in the
list of assessors prepared under section fifteen, or, if there is no such list,
or if it is impracticable to procure the attendance of any person named in such
list, a person of nautical, engineering or other special skill and experience;
and Procedure where surveyor and
assessor agree.- in such case, if the surveyor and assessor agree that the ship
should be detained or released, the Local Government shall cause the ship to be
detained or released accordingly, and the owner or master shall have no appeal; where they differ.- but if
the surveyor and assessor differ in their report, the Local Government may act
as if the requisition had not been made, and the owner or master shall have
such appeal touching the report of the surveyor as is hereinbefore provided. Notwithstanding anything
contained in section eight the Local Government may at any time, when a ship
has been provisionally detained, instead of following the procedure
hereinbefore provided, refer the matter to the Court of Survey for the port
where the ship is detained. Detaining-officers For the better execution of
this chapter, the Local Government may, from time to time, appoint a sufficient
number of fit persons as its officers, and may suspend or remove any of them. Their powers generally.-
Every officer so appointed (hereinafter referred to as a detaining-officer)
shall have, for the purpose of his duties under this chapter, the following
powers, (that is to say):- (a)
he may go on board any British ship and may
inspect the same or any part thereof, or any of the machinery, equipments and
cargo on board thereof, and may require the unloading or removal of any cargo,
ballast or tackle, not unnecessarily detaining or delaying her from
discharging, unloading or proceeding on any voyage; (b)
he may, by summons under his hand, require
the attendance of all such persons as he thinks fit to call before him, may
examine such persons, and may, by a like summons, require returns in writing to
any enquiries he thinks fit to make; (c)
he may require and enforce the production of
all books, papers or documents which he considers important; and (d)
he may administer oaths, or may, in lieu of
administering an oath, require every person examined by him to make and
subscribe a declaration of the truth of the statements made by him in his
examination. Every detaining-officer
shall, in addition to the powers hereinbefore conferred, have the same power as
the Local Government has under sections seven and eight, respectively, of
provisionally ordering the detention of a ship for the purpose of being
surveyed, and of appointing a person to survey her; and if he thinks that a
ship so detained by him is not unsafe, may order her to be released. Detaining-officer to report
to Local Government.- Every such officer shall forthwith report to the Local
Government any order made by him for the detention or release of a ship.of the
Court of Survey and of Appeals and References thereto ?A Court of Survey for a port shall consist of
a Judge sitting with two assessors. ?The Judge shall be a District Judge, Judge of
a Court of Small Causes, Presidency Magistrate, Magistrate of the first class
of other fit person appointed in this behalf by the Local Government either
generally or for any specified case. The assessors shall be
persons of nautical, engineering or other special skill and experience. One of them shall be
appointed by the Local Government either generally or in each case, and the
other shall be summoned by the Judge, in the manner prescribed, out of a list
of persons from time to time prepared for the purpose and published by the
Local Government in the official Gazette, or, if there is no such list or if it
is impracticable to procure the attendance of any person named in such list,
shall be appointed by the Judge. The Judge shall, on
receiving notice of an appeal or a reference from the Local Government,
immediately summon the assessors, in the manner prescribed, to meet forthwith. ?Every such appeal and reference shall be heard
in open Court. The Judge and each assessor
shall, for the purposes of this chapter, have the same powers as are by section
eleven conferred on a detaining-officer. The Judge may appoint any
competent person to survey the ship and report thereon to the Court. The owner and master of the
ship and any person appointed by the owner or master, and also any person
appointed by the Local Government, may attend at any inspection or survey made
in exercise or pursuance of the powers conferred by section eighteen or section
nineteen. ?The Judge shall have the same power as the
Local Government has to order the ship to be released or finally detained; but,
unless one of the assessors concurs in an order for the detention of the ship,
the ship shall be released. ?The Judge shall report the proceedings of the
Court in each case to the Local Government in the manner prescribed, and each
assessor shall either sign such report or report to the Local Government the
reasons for his dissent. The Local Government may,
with the previous sanction of the Governor General in Council, from time to
time make rules to carry into effect the provisions of this chapter with respect
to a Court of Survey, and in particular with respect to- (a)
the procedure before the Court; (b)
the requiring, on an appeal, of security for
costs and damages; (c)
the amount and application of fees; and (d)
the ascertainment, in case of dispute, of the
proper amount of costs under this chapter. (a)
Such rules shall be published in the official
Gazette, and shall thereupon have the force of law. Scientific
Referees If the Local Government is
of opinion that an appeal under this chapter involves a question of
construction or design, or of scientific difficulty or important principle, it
may refer the matter to such one or more out of a list of scientific referees,
to be from time to time prepared by the Local Government, as may appear to
possess the special qualifications necessary for the particular case, and may
be selected by agreement between the Port-officer and the appellant, or, in
default of any such agreement, by the Local Government; and thereupon the appeal
shall be determined by the referee or referees instead of by the Court of
Survey. The Local Government, if the
appellant in any such appeal so requires and gives security to its satisfaction
to pay the costs of and incidental to the reference, shall refer such appeal to
a referee or referees selected as aforesaid. The referee or referees to
whom an appeal is referred under section twenty-four or section twenty-five
shall have the same powers as a Judge of the Court of Survey. Costs
of Detention and Damages incidental thereto If it appears that there was
not reasonable and probable cause, by reason of the condition of the ship or
the act or default of the owner, for the provisional detention of a ship, the
Government shall be liable to pay to the owner of the ship his costs of and
incidental to the detention and survey of the ship, and also compensation for
any loss or damage sustained by him by reason of the detention or survey. If a ship is finally
detained under this chapter, or if it appears that a ship provisionally
detained was at the time of such detention unsafe, the owner of the ship shall
be liable to pay to Government its costs of and incidental to the detention and
survey of the ship; and such costs shall, without prejudice to any other
remedy, be recoverable as salvage is recoverable. For the purposes of this
chapter the costs of and incidental to any proceeding before a Court of Survey,
and a reasonable amount in respect of the remuneration of the surveyor or
officer of the Local Government, shall be deemed to be part of the costs of the
detention and survey of the ship. When a complaint is made to
the Local Government or a detaining-officer that a British ship is unsafe, it
shall be in the discretion of such Government or officer (as the case may be)
to require the complainant to give security to the satisfaction of such
Government or officer for the costs and compensation which such complainant may
become liable to pay as hereinafter mentioned: Proviso as to complaint by
one-fourth of crew.- Provided that, where the complaint is made by one-fourth,
being not less than three, of the seamen belonging to the ship, and is not in
the opinion of such Government or officer frivolous or vexatious, such security
shall not be required; and such Government or officer shall, if the complaint
is made in sufficient time before the sailing of the ship, take proper steps to
ascertain whether the ship ought to be detained under this chapter. Where a ship is detained in
consequence of any complaint, and the circumstances are such that the
Government is liable under this chapter to pay to the owner of the ship any
costs or compensation, the complainant shall be liable to pay to the Government
all such costs and compensation as the Government incurs, or is liable to pay,
in respect of the detention and survey of the ship. Grain-cargoes (a)
No cargo of which more than one-third
consists of any kind of grain, corn, rice, paddy, pulse, seeds, nuts or
nut-kernels (hereinafter referred to as grain-cargo) shall be carried on board
any British Indian ship unless the same be contained in bags, sacks or barrels,
or secured from shifting by boards or bulkheads or otherwise. (b)
Penalty for improper stowage of such cargo.-
If the owner or master of any ship, or any agent of such owner who is charged
with the loading of such ship or the sending her to sea, knowingly allows any
grain-cargo or part of a grain-cargo to be shipped therein for carriage
contrary to the provisions of this section, he shall be punished with fine
which may extend to three thousand rupees. Deck
and Load-lines (a)
Every British Indian ship shall be
permanently and conspicuously marked with lines of not less than twelve inches
in length and one inch in breadth painted longitudinally on each side amidships
or as near thereto as is practicable, and indicating the position of each deck
which is above water. (b)
The upper edge of each of these lines shall
be level with the upper side of the deck-plank next the waterway way at the
place of marking. The lines shall be transparent or yellow on a dark ground, or black
on a light ground. The master of every British
ship not being a coasting-vessel within the meaning of the Sea Customs Act,
1878, shall, before his ship is entered outwards from any port in British India
upon any voyage, or if that is not practicable, as soon after as may be, mark
outside upon each of her sides amidship, or as near thereto as is praticable,
in transparent or yellow on a dark ground, or in black on a light ground, a circular
disc twelve inches in diameter, with a horizontal line eighteen inches in
length drawn through its centre. The centre of such disc
shall indicate the maximum load-line in salt-water to which it is intended to
load such ship for that voyage. The person applying for
entry of any such ship outwards shall insert, in the form of application made
to the Customs-collector, a statement in writing of the distances in feet and
inches between the centre of such disc and the upper edge of each of the lines
indicating the position of the ship's deck which is above such centre and if
default is made in delivering this statement, the Customs-collector may refuse
to enter the ship outwards. A copy of this statement
shall be entered in the agreement with the crew before it is signed by any
member of the crew; and no shipping-master shall proceed with the engagement of
the crew till this entry is made. The master shall enter a
copy of this statement in the official log-book (if any). When a ship has been marked
as by section thirty-four required, she shall be kept so marked until she next
returns to a port of discharge in British India or arrives at a port in the
United Kingdom. The master of every British
ship which is a coasting-vessel within the meaning of the Sea Customs Act,
1878, shall, before proceeding to sea from any port, mark outside upon each of
her sides amidship, or as near thereto as is practicable, in transparent or yellow on
a dark ground, or in black on a light ground, a circular disc twelve inches in
diameter, with a horizontal line eighteen inches in length drawn through its
centre. The centre of this disc
shall indicate the maximum load-line in salt-water to which it is intended to
load the ship, until notice is given of an alteration. (1)
He shall also once in every twelve months,
immediately before the ship proceeds to sea, send or deliver to the Collector,
or other principal officer of Customs of such port as the Local Government may,
from time to time, appoint on this behalf, a statement in writing of the
distance in feet and inches between the centre of the disc and the upper edge
of each of the lines indicating the position of the ship's decks which is above
that centre. (2)
The master, before the ship proceeds to sea
after any renewal or alteration of the disc, shall send or deliver to the
Collector or other principal officer of Customs aforesaid notice in writing of
such renewal or alteration, together with such statement in writing as before
mentioned of the distance between the centre of the disc and the upper edge of
each of the deck-lines. (3)
If default is made in sending or delivering
any notice or statement required by this section to be sent or delivered, the
master shall be punished with fine which may extend to one thousand rupees. When a ship has been marked
as required by section thirty-eight, she shall be kept so marked until notice
is given of an alteration. Any master of a ship who
neglects to cause his ship to be marked as by this chapter required, or to keep
her so marked, or who allows the ship to be so loaded that when in perfectly
smooth salt-water the centre of the disc is submerged, and any person who
conceals, removes, alters, defaces or obliterates, or suffers any person under
his control to conceal, remove, alter, deface or obliterate, any of the said
marks, except in the event of the particulars thereby denoted being lawfully
altered, or except for the purpose of escaping capture by an enemy, shall be
punished for each such offence with fine which may extend to one thousand
rupees. If any of the marks required
by this chapter is in any respects inaccurate so as to be likely to mislead,
the master of the ship shall be punished with fine which may extend to one
thousand rupees. The provisions of this
chapter as to load-lines shall not apply to ships coming from ports in the
United Kingdom and marked with such lines in accordance with the provisions of
the laws for the time being there in force. Supplemental
Provisions The Local Government may at
any time, if satisfied that a ship detained under this chapter is not unsafe,
order her to be released either upon or without any conditions. When under this chapter a
ship is authorized or ordered to be detained, any commissioned officer on full
pay in the naval or military service of Her Majesty, any commander or first
officer of any of Her Majesty's Indian Government ships, or any Port-officer,
Harbour-master, Conservator of a port or officer of customs may detain the
ship. If any ship after such
detention, or after service on the master of any notice of or order for such
detention, proceeds to sea before she is released by competent authority, the
master of the ship shall be punished with fine which may extend to one thousand
rupees. (1)
When a ship so proceeding to sea takes to
sea, when on board thereof in the execution of his duty, any person authorized
under this chapter to detain or survey such ship, the owner and master of such
ship shall each be liable to pay all expenses of, and incidental to, such
person being so taken to sea, and shall also each he punished with fine which
may extend to one thousand rupees. (2)
When any owner or master is convicted of an
offence under this section, the convicting Magistrate may enquire into and
determine the amount payable on account of expenses by such owner or master
under this section, and may direct that the same shall be recovered from him in
manner provided for the recovery of fines. When a ship has been
detained under this chapter, she shall not be released by reason of her British
or British Indian register being subsequently closed. ?For the purposes of the survey of a ship under
this chapter, any person authorized to make the same may go on board the ship
and inspect the same, and every part thereof, and the machinery, equipments and
cargo, and may require the unloading or removal of any cargo, ballast or
tackle. Every Judge, assessor,
officer or surveyor under this chapter shall be deemed to be a public servant
within the meaning of the Indian Penal Code. Where any order, notice,
statement or document is required for the purpose of any provision of this
chapter, to be served on the master of a ship, the same shall be served, where
there is no master, on the owner of the ship, if he resides in the port where
the ship is detained, or, if there is no owner residing there, on some agent of
the owner residing there; or where such owner or agent is unknown or cannot be
found, a copy of such order, notice, statement or document shall be affixed to
the must of the ship, and shall thereupon be deemed to be duly served. Any such order, notice,
statement or document may be served by delivering a copy thereof personally to
the person to be served, or by leaving the same at his last place of abode, or,
in the case of a master, by leaving it for him on board the ship with the
person being or appearing to be in command or charge of the ship. The Local Government may,
from time to time, by notification in the official Gazette, delegate either
absolutely or subject to such conditions or restrictions as it thinks fit, to
any body of Commissioners or trustees appointed for managing the affairs of a
port all or any of the powers, and require the said body to discharge all or
any of the functions, of a Local Government under the foregoing sections of
this Act, except the powers conferred by section fourteen, the power of
preparing a list of assessors under section fifteen and the power of making
rules, and may cancel any such notification. While any such notification
remains in force, all costs and damages which would otherwise be recoverable
under this Act by or from the Government shall be recoverable in like manner by
or from such body; and such body shall, notwithstanding anything to the
contrary contained in any enactment now in force, credit or pay, as the case
may be, the amount of any costs or damages so recovered to or from the funds
held by them in trust as such body. CHAPTER
III DISTRESSED
SEAMEN This chapter shall be read
with, and taken as part of, Act No. I of 1859 (for the amendment of the law
relating to Merchant Seamen). Saving of provisions of Merchant
Shipping Acts, 1854 and 1855.- But nothing in this chapter contained applies to
seamen or apprentices to whom the provisions of section 211 of the Merchant
Shipping Act, 1854, or of section 16 of the Merchant Shipping Act Amendment
Act, 1855, apply. ?Local authority?.- In this
chapter ?Local authority? means such person as the Local Government may from
time to time, subject to the control of the Governor General in Council,
appoint by name or in virtue of his office to exercise the powers conferred,
and to perform the duties imposed, on the local authority under this chapter. Power to suspend or dismiss.-
Every person so appointed may be suspended or dismissed by the Local Government
which appointed him. The local authority may,
subject to the rules, hereinafter mentioned, provide for the subsistence- (a)
of all seamen and apprentices, being Native
Indian subjects of Her Majesty, who have been shipwrecked, discharged or left
behind at any place in British India, whether from any British ship employed in
the merchant-service, or from any of Her Majesty's ships, or who have been
engaged by any person acting either as principal or agent to serve in any ship
belonging to any foreign Power, or to the subject of any foreign State, and who
are in distress in any such place; and (b)
of all seamen and apprentices not being
Native Indian, subjects who have been shipwrecked, discharged or left behind at
any place in British India from any British ship registered in British India
and who are in distress in any such place, until such time as such authority is
able to provide them with a passage as hereinafter provided. Subject as aforesaid, the
local authority may cause such seamen or apprentices to be put on board some
ship belonging to any subject of Her Majesty which is in want of men to make up
its complement, and is bound- (a)
in the case of seamen or apprentices who are
Native Indian subjects of Her Majesty, to their home or to a port in British
India near their home; (b)
in the case of other British seamen or
apprentices, to any port in the United Kingdom or the British possession to
which they belong (as the case requires); and (c)
in the case of seamen or apprentices not
being subjects of Her Majesty, to such place as the local authority, subject to
the control of the Governor. General in Council, may in each case determine. In default of any such ship,
the local authority may, subject as aforesaid, provide such seamen or
apprentices with a passage in any ship (whether British or foreign) bound as
aforesaid. The local authority shall
indorse on the agreement of any British ship on board of which any seaman or
apprentice is sent under section fifty-six or section fifty-seven, the name of
every person so sent on board thereof, with such particulars concerning the
case as the Governor General in Council may from time to time by rule
prescribe. The master of every British
ship bound as aforesaid shall receive and afford a passage and subsistence to
all seamen and apprentices whom he is required to take on board his ship under
the provisions of section fifty-six or section fifty-seven, not exceeding one
for every fifty tons burden, and shah, during the passage, provide every such
seaman or apprentice with a proper berth or sleeping-place effectually
protected against sea and weather. If the master of any such
ship fails or refuses to receive on board his ship, or to give a passage or
subsistence to, or to provide for, any such seaman or apprentice contrary to
the provisions of section fifty-nine, he shall, for each seaman and apprentice
with respect to whom he so fails or refuses, be punished with fine which may
extend to one thousand rupees, or, when he is tried at any place beyond the
limits of British India, to the equivalent of one thousand rupees in the
currency of such place. When any master of a British
ship has conveyed a seaman or apprentice in excess of the number (if any)
wanted to make up the complement of his crew to any place in accordance with
the requisition of a local authority under this chapter, such master shall be entitled
to be paid by the Secretary of State for India in Council in respect of the
subsistence and passage of such seaman or apprentice such sum per diem as the
Governor General in Council from time to time appoints: Provided that no payment
shall be made under this section except on the production of the following
documents (that is to say):- (a)
a certificate signed by the local authority
by whose direction such seaman or apprentice was received on board, specifying
the name of such seaman or apprentice, and the time when he was received on
board; and (b)
a declaration in writing by such master made
and verified in manner hereinafter provided, and stating- (1)
the number of days during which such seaman
or apprentice received subsistence and was provided for as aforesaid on board
his ship; (2)
the number of men and boys forming the
complement of his crew; (3)
the number of seamen and apprentices employed
on board his ship during the time such seaman or apprentice was on board; and (4)
every variation (if any) of such number. The declaration required by
this section shall, in the case of a ship conveying Native Indian subjects of
Her Majesty to a port in British India, be made before a shipping-master or
such other officer as the Local Government may appoint. In other cases such
declaration shall he made and verified in the same manner as declarations made
under section 212 of the Merchant Shipping Act, 1854. (a)
If any seaman or apprentice, being a Native
Indian subject of Her Majesty and belonging to any British ship, is discharged
or left behind at any place in British India without full compliance on the
part of the master with all the provisions in that behalf of the law for the
time being in force, and becomes distressed and is relieved under the
provisions of this chapter; or (b)
if any such seaman or apprentice, after
having been engaged by any person (whether acting as principal or agent) to serve
in any ship belonging to any foreign power or to the subject of any foreign
power, becomes distressed and is relieved as aforesaid; or (c)
if any seaman or apprentice belonging to any
British ship registered in British India, and not being a Native Indian subject
of Her-Majesty, is discharged or left behind at any place in British India
without full compliance as aforesaid, and becomes distressed and is relieved as
aforesaid,the wages (if any) due to such seaman or apprentice, and all expenses
incurred for his subsistence, necessary clothing, conveyance home, and, in case
he should the before reaching home, for his burial, shall be a charge upon the
ship, whether British or foreign, to which he so belonged as aforesaid. All such wages and expenses
shall be recoverable with costs either from the master of such ship or from the
person who is owner thereof for the time being, or in the case of an engagement
for service in a foreign ship, from such master or owner, or from the person by
whom such engagement was so made, in the same manner as other debts due to the
Secretary of State for India in Council, or in the same manner and by the same
form and process in which wages due to the seaman or apprentice would be
recoverable by him. The Local Government may
from time to time, by notification in the official Gazette, authorize, either
generally or specially, such persons as it thinks fit to sue for any such wages
and expenses and recover the same. Such persons to be deemed
persons filling a public office.- And every person so authorized shall be
entitled to sue and recover accordingly, and shall be deemed to be a person
filling a public office within the meaning of the Indian Evidence Act, 1872,
section 57, clause 7. When any such wages and
expenses are due to or in respect of a seaman or apprentice mentioned in
section sixty-two, clause (c), they may, instead of being recovered by a person
authorized under section sixty-four, be recovered by the Board of Trade in
manner, provided by the Merchant Shipping Act, 1854, section 213, and when so
recovered shall be paid by the said Board to the Secretary of State for India
in Council. In all proceedings under
this chapter, whether in India or elsewhere, the production of a certificate
signed by the local authority by which any seaman or apprentice named therein
was relieved, or any expenses were incurred, under this chapter, to the effect
that such seaman or apprentice was in distress, and that such expenses were
incurred in respect of such seaman or apprentice, shall be sufficient evidence
that such seaman or apprentice was relieved, conveyed home or buried (as the
case may be) at the expense of the revenues of India. The Governor General in
Council may, from time to time, make rules to determine under what
circumstances and subject to what conditions seamen or apprentices may be
relieved and provided with passages under this chapter and generally to carry
out the provisions of this chapter. All such rules shall be
published in the Gazette of India, and shall thereupon have the force of law. CHAPTER
IV SHIP
SURVEYORS The Local Government may,
from time to time, appoint competent persons for the purposes of examining the
qualifications of persons desirous of practising the profession of a ship
surveyor at any port in the territories administered by such Government,and to
make rules as to qualifications, &c., of ship surveyors.- and, subject to
the control of the Governor General in Council, make rules- (a)
for the conduct of such examinations and the
qualifications to be required, (b)
for the grant of certificates to qualified
persons, (c)
for the fees to be paid for such examinations
and certificates, (d)
for holding enquiries into charges of
incompetency and misconduct on the part of holders of such certificates, and (e)
for the suspension and cancelment of such
certificates. Publication of rules.- All
such rules shall be published in the official Gazette, and shall thereupon have
the force of law. No person shall, in any port
in which there is a person exercising the profession of a ship surveyor and
holding a certificate granted under section sixty-eight, exercise such
profession in such port unless he holds a certificate granted under that
section: Surveyors of Lloyd's and
Veritas.- Provided that nothing herein contained shall prevent any person
employed by Lloyd's Register of British and Foreign Shipping or Bureau Veritas
from discharging any of the duties of such employment, or apply to any person
specially exempted by the Local Government from the operation of this section. Any person exercising the
profession of a ship surveyor in contravention of the provisions of section
sixty-nine shall be punished with fine not exceeding one thousand rupees, and
shall be incapable of maintaining any suit for any fee or reward for anything
done by him in such exercise of such profession. CHAPTER
V RECEIVERS
OF WRECK In this chapter ?wreck?
includes the following when found in the sea or any tidal water or on the
shores thereof, that is to say:- (a)
goods which have been cast into the sea and
then sink and remain under water; (b)
goods which have been cast or fall into the
sea and remain floating on the surface; (c)
goods which are sunk in the sea, but are
attached to a floating object in order that they may be found again; (d)
goods which are thrown away or abandoned, and (e)
a vessel abandoned without hope or intention
of recovery. Chapter V of the Indian
Ports Act, 1875, and section 5 of Act No. XIII of 1878 (An Act to provide for
the recovery in British India of wages due to, and expenses incurred in respect
of, certain seamen and apprentices, and, to amend the Indian Merchant Shipping
Act, 1875, and the Indian Ports Act, 1875) are hereby repealed. But nothing in this chapter
shall be deemed to affect section 40 of the Indian Ports Act, 1875, or entitle
any person to salvage in respect of any property recovered by creeping or
sweeping in contravention of that section. The Local Government may,
from time to time, by notification in the official Gazette, with the previous
sanction of the Governor General in Council, appoint such persons as it thinks
fit to receive and take possession of wreck and to perform such duties
connected therewith as are hereinafter mentioned, within such local limits as
it may from time to time prescribe. Persons so appointed shall
be called receivers of wreck. ?Any person finding and taking Section
possession of any wreck within any local limits for which a receiver of wreck
has been so appointed, shall as soon as practicable- (a)
if he be the owner;- if he be the owner
thereof, give the receiver of wreck notice in writing of the finding thereof
and of the marks by which such wreck is distinguished; (b)
if he be not the owner.- if he be not the
owner of such wreck, deliver the same to the receiver of wreck. Whenever any wreck is found
by the receiver of wreck or has been delivered to him in accordance withe
provisions of section seventy-four by any person, not being the owner thereof,
the Government or such other person so delivering such wreck, as the case may
be, shall be entitled to receive a reasonable sum for salvage, having regard to
all the circumstances of the case. Disputes concerning amount
of salvage.- Any dispute arising concerning the amount due under this section
shall be determined by a Magistrate, upon application to him for that purpose
by either of the disputing parties. The receiver of wreck shall,
on taking possession of any wreck, publish a notification, in such manner and
at such place as the Local Government may from time to time prescribe in this
behalf, containing a description of the same and the time at which and the
place where the same was found. If after the publication of
such notification the wreck is unclaimed,or if the person claiming the same
fails to pay the amount due for salvage and for charges incurred by the
receiver of wreck in respect thereof,the receiver of wreck may sell such wreck
by public auction, if of a perishable nature, forthwith, and if not of a perishable
nature, at any period not less than six months after such notification as
aforesaid. On the realization of the
proceeds of such sale, the amount due for salvage and charges as aforesaid,
together, with the expenses of the sale, shall be deducted therefrom, and the
balance shall be paid to the owner of the wreck, or, if no such person appear
and claim the same, shall be held in deposit for payment, without interest, to
any person thereafter establishing his right to the same: Provided that he makes his
claim within one year from the elate of the sale. Any person omitting to give
notice of the finding of, or to deliver, any wreck to the receiver of wreck as
required by section seventy-four shall be punished with fine which may extend
to one thousand rupees, and in the case of omission to deliver any wreck,
shall, in addition to such fine, forfeit all claim to salvage, and pay to the
owner of such wreck if the same is claimed, or if the same is unclaimed to the
Government, a penalty not exceeding twice the value of such wreck. CHAPTER
VI INSPECTION
OF SHIPS WITH REGARD TO LIGHT AND FOG-SIGNALS Nothing in this chapter
contained shall apply to any ship belonging to, or hired by, Her Majesty or the
Secretary of State for India in Council or belonging to any foreign Prince or
State. The Local Government, may,
from time to time, appoint persons to inspect, in any port, ships to which the
regulations for preventing collisions at sea, issued under the provisions of
the Merchant Shipping Act Amendment Act, 1862, or any other similar law for the
time being in force, may apply, for the purpose of seeing that such ships are
properly provided with lights and with the means, of making fog-signals, in
pursuance of such regulations or law, and may suspend or remove any person so
appointed. Every person so appointed
shall in the port for which he is appointed have, for the purposes of such
inspection, the powers given to detaining-officers by section eleven. If any such person finds
that any ship is not so provided, he shall give to the master or owner notice
in writing pointing out the deficiency, and also what is, in his opinion,
requisite in order to remedy the same. Every notice so given shall
be communicated in such manner as the Local Government may direct to the
Customs-collector at any port from which such ship may seek to clear; and no Customs-collector
to whom such communication is made shall grant such ship a port-clearance or
allow her to proceed to sea without a certificate under the hand of some person
appointed as aforesaid, to the effect that the said ship is properly provided
with lights and with the means of making fog-signals in pursuance of the said
regulations or law. CHAPTER
VII MISCELLANEOUS Every offence punishable
under chapter II, chapter III or chapter V may be tried in any district or
presidency-town in which the offender is found, as well as in any district or
presidency-town in which it might be tried under the law relating to criminal
procedure for the time being in force. And whereas it is also
expedient to provide for the assistance of assessors in certain causes in
Courts exercising Admiralty or Vice-Admiralty jurisdiction; it is hereby
further enacted as follows:- (a)
In any Admiralty or Vice-Admiralty cause of
salvage, towage or collision, the Court, whether it be exercising its original
or its appellate jurisdiction, may if it think fit, and upon request of either
party to such cause shall, summon to its assistance, in such, manner as the
Court may by rule, from time to time, direct, two competent assessors; and such
assessors shall attend and assist accordingly. (b)
Every such assessor shall receive such fees
for his attendance as the Court by rule prescribes. Such fees shall be paid by
such of the parties as the Court in each case may direct.Merchant
Shipping Act, 1880
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