Bare Act Search Results

Merchant Shipping (Wrecks and Salvage) Rules, 1974 Complete Act

State: Central

Year: 1974

.....the wreck may be entertained unless the claimant satisfies the receiver, by production of such documents as he may consider sufficient for such satisfaction, that the agent or assignee has been duly authorised in this behalf by the owner. Rule 12 Claim of a representative of deceased owner No claim in respect of any article of wreck of sale proceeds thereof belonging to any deceased master, seaman or passenger of a wrecked vessel shall be entertained unless the claimant satisfies the receiver, by production of such documentary evidence as the receiver may deem necessary, as to his title to such article or sale proceed thereof. Rule 13 Delivery of wreck to rightful owner (1) Any rightful owner of a wreck, who has established his title to a wreck or any part thereof or the sale proceeds of such wreck or part thereof to the satisfaction of the receiver in accordance with the provisions of these rules, shall be under an obligation to pay to the receiver salvage charges, any other expenditure properly incurred by the recevier for the recovery, preservation or safety of the wreck and fees payable to the receiver under rule 27. (2) A receiver may withhold delivery of any wreck or.....

Merchant Shipping Act, 1958 Part XIII

Title: Wreck and Salvage

State: Central

Year: 1958

.....399 - Claims of owners to wreck (1) The owner of any wreck in the possession of the receiver upon establishing his claim to the same to the satisfaction of the receiver within one year from the time at which the wreck came into the possession of the receiver shall, upon paying the salvage and other charges, be entitled to have the wreck or the proceeds thereof delivered to him. (2) Where any articles belonging to or forming part of a vessel other than an Indian vessel which has been wrecked or belonging to and forming part of the cargo of such vessel, are found on or near the coasts of India or are brought into any port in India, the consular officer of the country in which the vessel is registered or, in the case of cargo, the country to which the owners of the cargo may have belonged shall, in the absence of the owner and of the master or other agent of the owner, be deemed to be the agent of the owner, with respect to the custody and dispersal of the articles. (3) Where the owner of the wreck does not appear and claim the balance of the proceeds of sale within one year from the date of sale, the said balance shall become the property of the Central Government. .....

Merchant Shipping Act, 1958 Section 402

Title: Salvage Payable for Saving Life, Cargo or Wreck

State: Central

Year: 1958

.....or the High Court, and 4 [such Magistrate] or the High Court shall have full power to determine by whom or out of what property and to what extent such costs are to be paid and to give all necessary directions for the purpose aforesaid. _______________________ 1. Inserted by Merchant Shipping (Amendment) Act (41 of 1984), Section 20 (15-7-85). 2. Substituted for the words "Magistrate" by the Merchant Shipping (Amendment) Act, 1983 (12 of 1983),Section 17 and Schedule , Item 15 (a) (18-5-1983). 3. Substituted by the Merchant Shipping (Amendment) Act, l983 (12of 1983) Section 17and Schedule , Item 14(18-5-1983).for the words "the Magistrate or the High Court as the case may be", by Item 15 (b). 4. Substituted by the Merchant Shipping (Amdt.) Act, l983(12of 1983) Section 17and Schedule , Item 14(18-5-1983).for the words "the Magistrate". 5. Substituted by the Merchant Shipping (Amdt.) Act, l983(12of 1983) Section 17and Schedule , Item 14(18-5-1983).for the words "a Magistrate" by Item 15 (c).

Merchant Shipping Act, 1958 Section 404

Title: Power to Make Rules Respecting Wreck and Salvage

State: Central

Year: 1958

(1) The Central Government may make rules to carry out the purposes of this Part. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely : (a) the procedure to be followed by a receiver of wreck in respect of the taking possession of wrecks and their disposal; (b) the fees payable to receivers in respect of the work done by them; (c) the procedure to be followed for dealing with claims relating to ownership of wrecks; (d) the appointment of valuers in salvage cases; (e) the principles to be followed in awarding salvage and the apportioning of salvage; (f) the procedure to be followed for dealing with claims for salvage, (g) the detention of property in the custody of a receiver of wreck for the purpose of enforcing payment of salvage.

Merchant Shipping Act, 1958 Section 139

Title: Right to Recover Wages and Salvage Not to Be Forfeited

State: Central

Year: 1958

(1) A seaman shall not by any agreement forfeit his lien on the ship or be deprived of any remedy for the recovery of his wages to which, in the absence of the agreement, he would be entitled, and shall not by any agreement abandon his right to wages in case of loss of the ship or abandon any right that he may have or obtain in the nature of salvage, and every stipulation in any agreement inconsistent with any provisions of this Act shall be void. (2) Nothing in this section shall apply to a stipulation made by the seamen belonging to any ship which according to the terms of the agreement is to be employed on salvage service with respect to the remuneration to be paid to them for salvage service to be rendered by that ship to any other ship.

Marine Insurance Act, 1963 Section 65

Title: Salvage Charges

State: Central

Year: 1963

(1) Subject to any express provision in the policy, salvage charges incurred in preventing a loss by perils insured against may be recovered as a loss by those perils. (2) "Salvage charges" means the charges recoverable under maritime law by a salvor independently of contract. They do not include the expenses of services in the nature of salvage rendered by the assured or his agents, or any person employed for hire by them, for the purpose of averting a peril insured against. Such expenses, where properly incurred, may be recovered as particular charges or as a general average loss, according to the circumstances under which they were incurred.

Naval and Aircraft Prize Act, 1971 Section 14

Title: Prize Salvage

State: Central

Year: 1971

.....exceeding one-eighth part of the estimated value of the prize as may be agreed upon between the owner and the Central Government and approved by the order of the Prize Court Provided that where the recapture is made in the circumstances of special difficulty or danger, the Prize Court may if it thinks fit award to the Central Government as prize salvage a larger part than one-eighth but not exceeding in any case one-fourth part of the value of the prize: Provided further that where a ship or aircraft after being so taken is set forth or used by the enemy as a ship-of-war or military aircraft, the aforesaid provision for restitution shall not apply and subject to such compensation to the owner as the Prize Court may determine, the ownership of such ship or aircraft shall vest in the Central Government. (2) Where a ship belonging to any Indian citizen, after being taken as prize, is retaken from the enemy, such ship may, with the consent of the recaptors, prosecute her voyage and it will not be necessary for the Central Government to proceed to adjudication till her return to a port in India. (3) The master or owner of the ship or his agent may, with the consent of the.....

Aircraft Act, 1934 Section 9

Title: Wreck and Salvage

State: Central

Year: 1934

(1) 1[The provisions of Part XIII of the Merchant Shipping Act, 1958] relating to Wreck and Salvage shall apply to aircraft on or over the sea or tidal water as they apply to ships, and the owner of an aircraft shall be entitled to a reasonable reward for salvage services rendered by the aircraft in like manner as the owner of a ship. (2) The Central Government may, by notification in the Official Gazette, make such modifications of the said provisions in their application to aircraft as appear necessary or expedient. _______________________________ 1. Substituted for the words and figures "The provisions of Part VII of the Indian Merchant Shipping Act, 1923" by the Aircraft (Amendment) Act (12 of 1972) w.e.f 20.04.1972.

Merchant Shipping Act, 1958 Section 185

Title: Assignment or Sale of Salvage Invalid

State: Central

Year: 1958

Subject to the provisions of this Act, an assignment of salvage payable to a seaman or apprentice made prior to the accruing thereof shall not bind the person making the same, and a power-of-attorney or authority for the receipt of any such salvage shall not be irrevocable.

Code of Civil Procedure, 1908 Section 140

Title: Assessors in Causes of Salvage, Etc.

State: Central

Year: 1908

(1) 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 thinks fit, and shall upon request of either party to such cause, summon to its assistance, in such manner as it may direct or as may be prescribed, two competent assessors; and such assessors shall attend and assist accordingly. (2) Every such assessor shall receive such fees for his attendance, to be paid by such of the parties as the Court may direct or as may be prescribed.