Union of India - Act
The Merchant Shipping (Wrecks and Salvage) Rules, 1974
UNION OF INDIA
India
India
The Merchant Shipping (Wrecks and Salvage) Rules, 1974
Rule THE-MERCHANT-SHIPPING-WRECKS-AND-SALVAGE-RULES-1974 of 1974
- Published on 31 October 1974
- Commenced on 31 October 1974
- [This is the version of this document from 31 October 1974.]
- [Note: The original publication document is not available and this content could not be verified.]
1794.
G.S.R. 1218, dated 31st October, 1974. - In exercise of the powers conferred by section 404 and sub-section (2) of section 458 of the Merchant Shipping Act, 1958 (44 of 1958) and of all other powers hereunto enabling the Central Government hereby makes the following rules, namely:-Part I – Preliminary
1. Short title and commencement.
2. Definitions.
Part II – Wrecks
3. Communication of intelligence of wreck.
- Where a receiver receives intelligence of any vessel having been wrecked or stranded or of being in distress, he shall, immediately on receipt of such intelligence communicate it to the principal officer.4. Procedure to be observed on finding a wreck.
5. Procedure for taking possession Of sunken or abandoned wreck.
6. Action to be taken on taking possession of a wreck.
7. Publication of notification by receiver.
8. Report to underwriter.
- Where a wreck consists of a vessel or of any article or equipment belonging to a vessel, the receiver shall forward a copy each of the notification issued by him under section 397 of the Act and advertisement, if any issued under the sub-rule win (2) of rule 7, to the. appropriate underwriters, if known.9. Claims to wreck.
- All claims to t wreck or sale proceeds thereof shall be made to the receiver in Part-I of the Fifth Schedule.10. Claims in doubtful cases.
- Where, in respect of any claim in made for the delivery of a wreck or, as the case may be, for the in sale proceeds thereof, the receiver has any doubt as to the title to the claimant, he may require such claimant to fill up Part II of the Fifth Schedule and may further require him to produce such other evidence of title to the claim as he may consider sufficient for entertaining the claim. In any such case the receiver may make inquiries from registrar of ships, shipper, consignee and other person as he may deem necessary for satisfying himself as to title of the claimant.11. Claims by agents or assigns.
- No claim made by an agent or, as the case may be, an assignee of the owner of 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 authorized in this behalf by the owner.12. Claim of a representative of deceased owner.
- No claim in respect of any article of wreck or 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.13. Delivery of wreck to rightful owner.
14. Sale of unclaimed wreck.
15. Procedure for the sale of a wreck.
16. Wreck spread over two or more receivers jurisdiction.
- When a part of any wreck is washed or brought ashore within the jurisdiction of one receiver and the remaining part thereof is so washed or brought ashore in the jurisdiction of another receiver or receivers, each receiver shall act independently of each other.17. Wreck delivered in the jurisdiction of another receiver.
- When a wreck found in the jurisdiction of any receiver is delivered to any other receiver, the latter shall immediately report the matter to the former. The disposal of such wreck shall be done by the receiver to whom it is delivered in the like manner as if it was found in his jurisdiction.18. Property proved not to be wreck.
19. Buoys found adrift or ashore.
- When receiver receives intelligence of any buoy being adrift or having been washed ashore or when any such buoy is delivered to him he shall send a report with such particulars as may be available to the nearest office of the directorate of light houses and light ships under intimation to the principal officer. Where a receiver is not able to communicate with the nearest office of "the directorate of light houses and light ships, he shall report the matter to the principal officer who shall transmit the report to the appropriate authorities.Part III – Salvage
20. Salvage.
21. Determination of amount due as salvage.
22. Appointment of valuers.
23. Salvage Award.
Part IV – General
24. Salvage and other charges payable by owner.
25. Services rendered to vessels stranded or otherwise in distress.
26. Receipts and expenditure.
- The receiver shall meet all expenses and other charges incurred by him in performance of his duties from the sanctioned budget of the principal officer under the appropriate expenditure head and shall credit all receipt to the appropriate revenue head:Provided that port authorities performing duties by virtue of their appointment as receivers under section 391 of the Act, shall debit all such expenses and other charges and credit all receipts to their respective port funds.27. Fees.
- In respect of all or any of the matters specified in the Sixth Schedule there shall be paid to the receiver such fees as are specified in the said Schedule.28. Report book.
29. Penalties.
- Whosoever commits a breach of any of the provisions of these rules shall be punishable with fine which may extend upto one thousand rupees and if the breach is a continuous one with further fine which may extend to rupees fifty for every day after the first during which the breach is continuous.The First Schedule[See rule 2(c)]The jurisdiction of each of the three Mercantile Marine Department Districts extends to the areas specified hereinunder,. namely:"Bombay DistrictComprises the States of Gujarat, Maharashtra and portion of Karnataka upto and including port of Bhatkal in North Kanara District, and Union territory of Goa, Daman and Diu.Calcutta DistrictComprises the States of Orissa, West Bengal, and Union territory of Andaman and Nicobar Islands.Madras DistrictComprises the remaining portion of Karnataka State (South of Port Bhatkal), States of Kerala and Tamil Nadu and the Union territories of Pondicherry, and Laccadive, Minicoy and Amindivi Islands.The Second Schedule(See rule 4)Issued by the Government of IndiaReport by a salvor or A person finding the wreck on wreck or other articles found and delivered to a Receiver of Wreck, under the provisions of the Merchant Shipping Act, 1958.| Datewhen found | Placewhere found | |||
| Year | Month | Date | Hour | Iffound afloat state“afloat”, and give thebearings and distance of some well-known place. If ashore state“ashore” and give the exact spot where found. |
| 1 | 2 | 3 | 4 | 5 |
| Descriptionof Articles | Estimatedvalue | Name,Official No. and port of Registry of vessel to Which belonging(ifknown.) | Nameand Address of owners of Property (if known). |
| 6 | 7 | 8 | 9 |
| £Rs. |
| Natureof Services | Durationof Services | |
| Timeof Commencement | Timeof ending | |
| 10 | 11 | 12 |
| Signatureof Salvors | Addressof Salvors |
| Theabove signature were witnessed by me | |
| ….......................................................................….......................................................................…....................................................................... | Nameand Address of Witness |
| Queries | Replies |
| 1.Name and address of informant | 1 |
| 2.Name and port of the vessel to which she belongs. | 2 |
| 3.Voyage. | 3 |
| 4.(a) Nature and size of obstruction(b)Nature of danger to navigation | 4(a)4(b) |
| 5.Name and port of derelict or sunken wreck if known, and if notknown, any particulars which might lead to its identification. | 5 |
| 6.Description of the wreckage and any marks which might lead to itsdestination. | 6 |
| 7.Date and hour when the derelict, wreckage, wreck was last seenand date and hour of report made by radio telegraphy, if fitted. | 7 |
| 8.If sunken wreck, the exact spot in which lying and the bearingsof any fixed Object that can be give a (Tracing from chargeshowing exact spot). | 8 |
| 9.If a derelict or floating wreckage the place where last seen, andthe direction in which drifting. | 9 |
| 10.Whether the derelict was boarded by the informant or any of hiscrew. | 10 |
| 11.Whether she was dismasted | 11 |
| 12.Whether she was waterlogged | 12 |
| 13.Whether she had capsized | 13 |
| 14.Did she appear to have been in collision. | 14 |
| 15.If laden, the nature of her cargo | 15 |
| 16.Was any attempt made to take her In tow or to destroy her, and ifwhy not. | 16 |
| 17.Any other particulars which the Receiver may think relevant. | 17 |
| 18.Date of making this report | 18 |
| 19.Date of informing underwriters or their agents | 19 |
| Descriptionof articles and marks thereon, (if any) | Wherefound | Whenfound | Supposedvalue | Wherelying | Remarks |
| 1 | 2 | 3 | 4 | 5 | 6 |
| …...........................................................................................Datedthis..........................day of…..........................19............................Receiver |
| Name,Port of Registry, And Official No. of vessel | Nameand Residences of Owner and Master | Titleof Claim. | ReferenceNo. in Report Book | Descriptionof Property and of Marks, thereon, if any. | EstimatedValue. | Memorandumof all Charges paid by owner on delivery of Property. |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| …............................. | …......................... | …........................ | Rs.PTotal Value, TotalCharges | Ifsold Gross Proceeds Charges paid viz.-SalvageTravellingIncidentalexpensesSuchas warehouse rentFeespayable to ReceiverFees,if any, payable to the valuerChargesoutstanding viz.-SalvageTravellingIncidentalexpensesSuchas warehouse rentFeespayable to ReceiverFees,if any, payable to the valuerNetProceeds | Rs. P. Rs. P. |
Part II – Declaration to be made by Claimant when Receiver has any doubt as to his Title.
| Descriptionof Documents produced in support of Claim |
| 8 |
1. That the particulars contained in Columns 1, 2, 3,4, 5 & 7 of the Form on the other side hereof are correct and true.
2. That I am entitled to possession of the property, described therein, and that I hereby claim possession of the said property, subject to the payment of all just expenses.
3. That the document produced herewith, as evidence of ownership, agency or assignation of interests and described in column 8 of the said Form are true and genuine documents, and that the said ........................mentioned in such documents is the said ..............abovenamed.
And I make this solemn declaration conscientiously believing the same to be true...........................................Signature of ClaimantDeclared before me at .............this ..............day of .............19.........................................................Signature of Receiver| Dateof Receipt | Estimatedvalue | Descriptionof property | Name& Address of owners (if known) | Name,Official No. & Port of Registry of vessel (if known) | PARTICULARSOF SALVAGE | |
| Datewhen found | Exactwhere found | |||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 |
| Servicesrendered | Nameof Salvor | Addressof Salvor | Chargeson the wreck Account of money received from owners | ||||
| 8 | 9 | 10 | 11 | 12 | 13 | 14 | |
| 1.Travelling | Rs.P | Asdeposit for salvage etc. of which was disposed of in payment ofcharges as per contract. Rs. P | |||||
| 2.Incidental expenses such as warehouse rent, cartage etc. | |||||||
| 3.Fees payable to Receiver | Balanceof deposit returned to owners | ||||||
| 4.Fees, if any, payable to the valuer. | |||||||
| 5.Customs duties | |||||||
| 6.Salvage | Aspayment of charges as per contract. | ||||||
| Totalcharges | |||||||
| PARTICULARSOF WRECK SOLD | WRECKDELIVERED OR SALE PROCEEDS PAID TO OWNERS | ||||||
| Amountrealised by sale | Netproceeds to be paid to owners or held in deposit under Section 398of the MS Act, 1958 | Dateof payment or delivery | Towhom paid or delivered | Whetherowner or agent etc. | Referencevouchers and correspondence or particulars entered overleaf | ||
| 15 | 16 | 17 | 18 | 19 | 20 | ||
| Rs.P | Rs.P | ||||||
| GrossProceeds.Deduct.Expensesper column.11. | |||||||
| REFERENCENUMBER | FURTHERPARTICULAR |
| (1)For every report sent by the Receiver to the Underwriter or hisagent under rule 8 | Rs.15/00. |
| (2)For every wreck taken into possession by or in the custody of theReceiver under section 39 of the Act: | |
| (a)if the wreck is a ship as defined in section 3(45) of the Act | 5%of the value of such a ship but not exceeding Rs. 5000/- |
| (b)if the wreck is a sailing vessel as defined in section 3(39) ofthe Act or an in land vessel as defined in section 2(1) of the Inland Steam Vessels Act, 1917 (Act I of 1917) | 1% of the value of such a sailing vessel or inland vessel butexceeding Rs. 10000/-. |
| (c)if the wreck is a vessel other than those mentioned insub-clauses(a) and (b) | Halfof the value of such a vessel but not exceeding Re. 50.00/- |
| (d)if the wreck is of the description of goods other than thementioned in sub-clauses (a), (b)& (c) | 1% of the aggregate value of such goods but not exceeding Rs.100.00/- |
| (3)For services rendered by the Receiver under Section 392,393 and394 of the Act in respect of a vessel, not being a wreck,stranded or in distress or in respect of articles forming part ofor belonging to such vessel or any goods taken out or washedashore from such vessel. | |
| (a)if the value of the vessel with her cargo, if any, exceeds Rs.20.000/-. | Re.32/00 for the first visit and Rs. 16/00 for subsequent visitsubject 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/-. |
| Nameof Officer | Titleof office | Wherestationed |
| (a)(b)(c)(d)(e) |
| Name of Salvor |
| (a)(b)(c)(d)(e)(f) |
| Description ofProperty |
| (a)(b)(c)(d)(e) |