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Union of India - Section

Section 29 in The Merchant Shipping (Wrecks and Salvage) Rules, 1974

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.
(A)Date and Place of Finding the Property.
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
         
(B)Particulars of the Property Found Or Salved
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.    
(C)Nature And Duration Of Salvage Services
Natureof Services Durationof Services
  Timeof Commencement Timeof ending
10 11 12
(D)Declaration by Salvors
(This Declaration in Division D is not to be filled up unless more than two persons are entered to Salvage).We, whose names are hereunto subscribed, declare that the particulars contained in Division A, B and C of this form are correct and true to the best of our knowledge and belief; and we hereby authorize ................ of .......... to report the property to the Receiver, on our behalf.Dated at .......................... this ...........................day of ................................. 19 .
Signatureof Salvors Addressof Salvors
   
Theabove signature were witnessed by me  
….......................................................................….......................................................................…....................................................................... Nameand Address of Witness
(E)Report to the Receiver
(I)(We ......................... of ..................... (being duly authorized by the other Salvors of the property) hereby report the property to you as Receiver, in pursuance of the provisions of the Merchant Shipping Act, 1958.
(I)
(We)declare that the particulars contained in Divisions A, B and C of this Form are correct and true to the best of (my)(our) knowledge and belief, and (I)(We) claim the salvage due. (I)(We) also declare that the property flow reported is all that has come into (my)(our) possession and that (I)(We) have not kept back or disposed of any part of the property recovered.
Dated .................... this ..............19........................................................Signature and residence of ClaimantSignature and residence of witness........................................To the Receiver of Wreck AtThe Third Schedule[See rule 6(2)]Issued by the Government of IndiaObstruction to Navigation report of Derelict Vessel, or Floating Wreckage, or Sunken Wreck
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
Note. - The questions which do not apply should be struck-out.Forwarded to the Principal Officer, Mercantile Marine Department, DistrictDated, this ....................day of .............19..................Signature Of ReceiverThe Fourth Schedule(See rule 7)Issued by the Government of IndiaNotice of wreck in the custody of a Receiver
Descriptionof articles and marks thereon, (if any) Wherefound Whenfound Supposedvalue Wherelying Remarks
1 2 3 4 5 6
           
…...........................................................................................Datedthis..........................day of…..........................19............................Receiver
The Fifth Schedue(See Rules 9 and 10)Issued by the Govt. of IndiaClaim to wreck or other property in the custody of a receiver of wreckPart -I
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.
Note. - In any case of doubt as to title the declaration specified in Part II of this Schedule should be required to be made.Note. - Obliterate words that do not apply.I hereby certify that the claimant in this case has produced satisfactory proof of ownership, or agency assignation of interests and that I consider him entitled to the @ (net proceed c,"sale) property descrited in column 5 above; payment of all just expenses as stated in column 7 3ve having been made.Dated this .............. day of ..............19..........................................................Signature of ReceiverReceived this..................day of....................19.....................of the Receiver at ..............the@(Net proceeds of sale of the) property described form column 5 above. Revenue stamp of appropriate value to be affixed if payment in Cash exceeds Rs. 20.Claimant