(a)The police shall report all wrecks to the Magistrate except those occurring within the jurisdiction of the Commissioners for the Ports of Calcutta and Chittagong, and, pending the receipt of his orders, take measures to protect the wrecked property. Those recovered within the Port Commissioners' jurisdictions shall be reported to the Deputy Conservator, Ports of Calcutta and Chittagong, and protected until orders for disposal are received or, made over at once to the nearest Port Commissioners' stations. For this purpose the officers-in-charge of the police-stations concerned shall maintain a map showing the jurisdictions of the Ports of Calcutta and Chittagong.Note. - "Wreck" as defined in section 272 of the Indian Merchant Shipping Act, 1923, consist of the following when found in the sea or any tidal water or on the shores thereof :-(i)goods which have been cast into the sea and then sink and remain under water ;(ii)goods which have been cast or fall into the sea and remain floating on the surface ;(iii)goods which are sunk in the sea but are attached to a floating object in order that they may be found again ;(iv)goods which are thrown away or abandoned; and(v)a ship abandoned without hope or intention of recovery.(b)All officers-in-charge of police-stations shall supply as early as possible the District Magistrate concerned as well as the Deputy Conservator, Ports of Calcutta and Chittagong, as the case may be, with an authenticated copy of every report of a casualty to an inland steam-vessel made to any of them under the provisions of section 32 of the Inland Steam-Vessels Act, 1917.(c)If the property saved from a wreck is "salved property," the police shall not take the property out of the possession of the salvers, but shall ascertain from them the nature of the property and report the matter for the orders of the Magistrate or the Deputy Conservator, as the case may be.(d)"Salvage" means the compensation allowed to persons by whose assistance a ship or boat, or the cargo of a ship, or the lives of the persons on board are saved from danger or loss in the cases of ship wrecks, abandonment of vessel, or the like. It is necessary, therefore, that life or property shall be in peril, and that skill or enterprise shall be displayed, or risk encountered, on the part of the salvers before any claim to salvage can be established.(e)Where these conditions exist there is no difference between river and sea salvage. Example. - A steamer or boat is wrecked in a river, and the cargo is floating about within easy distance of land. No skill is required or danger encountered in bringing it ashore. This is not "salvaged property." In such a case it would be the duty of the police to render all possible assistance, and if the owners are present, to make it over to them. In the event of the owners being unknown, the police shall take possession of it, as such property belongs to the Crown or to the Port Commissioners. In either case, they shall report the fact for the information or orders of the Magistrate or Deputy Conservator.(f)A villager who carried off such property and made no attempt to find out the owners would be guilty of criminal misappropriation under section 403, Indian Penal Code. In all cases of wrecks, the chaukidar, shall give immediate notice to the police-station.(g)Ten per cent, may be awarded to persons who, at considerable risk to themselves, recover wrecked property during floods or in cases of wreck.(h)With these exceptions, movable property found by any private person and not claimed is the property of the innocent finder.(i)Under section 273 of the Indian Merchant Shipping Act, 1923, the following officers and authorities have been appointed Receivers of wrecks :-The Commissioners for the Port of Calcutta.The District Magistrate of the 24-Parganas.The District Magistrate of Midnapore.The District Magistrate of Khulna.The District Magistrate of Bakarganj.The District Magistrate of Noakhali.The Commissioners for the Port of Chittagong.The District Magistrate of Chittagong.Their respective jurisdictions are indicated in Government of India. Commerce Department, Notification No. 85 M.I.(61-34, dated the 8th June, 1935.Note. - In the Canals divisions which are under the Department of Communications and Works (Irrigation), the Executive Engineers and their Sub-divisional Officers concerned have control over the disposal of wrecks.
