Bare Act Search Results

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

State: Central

Year: 1974

..... (b) if the wreck is a sailing vessel as defined in Sec. 3 (39) of the Act or an inland vessel as defined in Sec. 2 (1) of the Inland Steam Vessels Act, 1917 (Act 1 of 1917) 1% of the value of such a sailing vessel or inland vessel but not exceeding Rs. 100/00. (c) if the wreck is a vessel other than those mentioned in sub-clauses. (a) and (b) Half of the value of such a vessel but not exceeding Rs. 50/00. (d) if the wreck is of the description of goods other than those mentioned in sub-Cls. (a), (b) and (c) 1% of the aggregate value of such goods but not exceeding Rs. 100- (3) For services rendered by the receiver under Secs. 392, 393 and 394 of the Act in respect of a vessel, not being a wreck, stranded or in distress or in respect of articles forming part of or belonging to such vessel or any goods taken out or washed ashore from such vessel (a) if the value of the vessel with her cargc if any, exceeds Rs. 20,000/- Rs. 32/00 for the first visit and Rs. 16/00 for subsequent visit, subject to a maximum of Rs. 128/-. (b) if the value of the vessel with her cargo, if any, is Rs. 20,000/- or under. Rs. 16/00 for every visit subject to a maximum of Rs. 64/-. THE SEVENTH.....

Merchant Shipping Act, 1958 Part XIII

Title: Wreck and Salvage

State: Central

Year: 1958

.....as may be specified therein and any person while discharging any such functions shall be deemed to be a receiver of wreck for the purposes of this Act. Section 392 - Duty of receiver where vessel is in distress Where any vessel is wrecked, stranded or in distress at any place on or near the coasts of India, the receiver of wreck, within the limits of whose jurisdiction the place is situate, shall, upon being made acquainted with the circumstances, forthwith proceed there, and upon his arrival shall take command of all persons present and shall assign such duties and give such directions to each person as he thinks fit for . the preservation of the vessel and of the lives of the person's belonging to the vessel and of its cargo and equipment: Provided that the receiver shall not interfere between the master and the crew of the vessel, in reference to the management thereof unless he is requested to do so by the master. Section 393 - Power to pass over adjoining lands (1) Whenever a vessel is wrecked, stranded or in distress as aforesaid, all persons may, for the purpose of rendering assistance to the vessel or of saving the lives of the shipwrecked persons, or of.....

Merchant Shipping Act, 1958 Section 395

Title: Procedure to Be Observed by Persons Finding Wreck

State: Central

Year: 1958

Any person finding and taking possession of any wreck within any local limits for which there is a receiver of wreck, or bringing within such limits any wreck which has been found and taken possession of elsewhere, shall, as soon as practicable (a) 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 owner of such wreck, deliver the same to the receiver of wreck.

Merchant Shipping Act, 1958 Section 391

Title: Receivers of Wreck

State: Central

Year: 1958

(1) The Central Government may, by notification in the Official Gazette, appoint any person to be a receiver of wreck (in this Part referred to as receiver of wreck) to receive and take possession of wreck and to perform such duties connected therewith as are hereinafter mentioned, within such local limits as may be specified in the notification. (2) A receiver of wreck may, by order in writing, direct that all or any of his functions under this Part shall, in such circumstances and subject to such conditions, if any, as may be specified in the order, be discharged by such person as may be specified therein and any person while discharging any such functions shall be deemed to be a receiver of wreck for the purposes of this Act.

Merchant Shipping Act, 1958 Section 399

Title: Claims of Owners to Wreck

State: Central

Year: 1958

(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 401

Title: Search Warrants Where Wreck is Involved

State: Central

Year: 1958

Where a receiver of wreck suspects or receives information that any wreck is secreted or is in the possession of some person who is not the owner thereof or that any wreck is otherwise improperly dealt with, he may apply to the nearest1[Judicial Magistrate of the first class or Metropolitan Magistrate as the case may be] for a search warrant, and that1[Judicial Magistrate of the first class or Metropolitan Magistrate as the case may be] shall have power to grant such warrant and the receiver of wreck by virtue thereof may enter any house or other place wherever situate and also any vessel and search for, seize and detain any such wreck there found. _______________________ 1. Substituted for the word "Magistrate" by the Merchant Shipping (Amendment) Act, l983(12of 1983),Section 17and Schedule , Item 14(18-5-1983).

Merchant Shipping Act, 1958 Section 396

Title: Investigation of Certain Matters in Respect of Vessels Wrecked, Etc.

State: Central

Year: 1958

Whenever any vessel is wrecked, stranded or in distress as aforesaid, the receiver of wreck within the local limits of whose jurisdiction the vessel is wrecked, stranded or in distress may conduct an investigation into all or any of the following matters, that is to say (a) the name and description of the vessel; (b) the names of the master and of the owners; (c) the names of the owners of the cargo; (d) the ports from and to which the vessel was bound; (e) the occasion of the wrecking, stranding, or distress of the vessel; (f) the services rendered; and (g) such other matters or circumstances relating to the vessel, the cargo or the equipment, as the receiver thinks necessary.

Merchant Shipping Act, 1958 Section 400

Title: Prohibition of Certain Acts in Respect of Wreck

State: Central

Year: 1958

No person shall (a) without the leave of the master, board or attempt to board any vessel which is wrecked, stranded or in distress as aforesaid, unless the person is, or acts by command of, the receiver of wreck; or (b) impede or hinder or attempt in any way to impede or hinder the saving of any vessel stranded or in danger of being stratided or otherwise in distress on or near the coasts of India or of any part of the cargo or equipment of the vessel, or of any wrek; or (c) secrete any wreck or deface or obliterate any marks thereon; or (d) wrongfully carry away or remove any part of a vessel stranded or in danger of 'being stranded or otherwise in distress, on or near the coasts of India, or any part of the cargo or equipment of the vessel or any wreck.

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.