PART XIII Wreck And Salvage

(b) it is so much damaged or of so perishable a nature that it cannot with advantage be kept; or

(c) it is not of sufficient value for warehousing;

and the proceeds of the sale shall, after defraying the expenses thereof, be held by the receiver for the same purposes and subject to the same claims, rights and liabilities as if the wreck had remained unsold.

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 whch 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 disposal 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.

400. Prohibition of certain acts in respect of wreck-- No person shall--

(a) without the leave of the master board or attempt to baord any vessel which is wrecked, stranded or in distress as aforesaid, unless the perosn 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 stranded 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 wreck ; 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.

401. Search warrants where wreck is concealed-- 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 aply to the nearest [judicial Magistrate of the first class or Metropolitan Magistrate, as the case may be,] for a search warrant, and that magistrate 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. SALVAGE

402. Salvage payable for saving life, cargo or wreck-- (1) Where services are rendered--

(a) wholly or in part within the territorial waters of Indiain saving life from any vessel, or elsewhere in saving life from a vessel registered in India ; or

(b) in assisting a vessel or saving the cargo or equipment of a vessel which is wrecked, stranded or in distress at any place on or near the coasts of India; or

(c) by any person other than the receiver of wreck in saving any wreck;

there shall be payable to the salvor by the owner of the vessel, cargo, equipment or wreck, a reasonable sum for salavage having regard to all the circumstances of the case.

(2) Salavage in respect of the preservation of lfie when payable by the owner of the vessel shall be payable in priority to all other claims for salvage.

(3) Where salvage services are rendered by or on behalf of the Government or by a vessel of the Indian Navy [or of the Coast Guard] or the commander or crew of any such vessel, the Government, the commander fo the crew, as the crew may be, shall be entitled to salvage and shall have the same rights and remedies in respect of those services as any other salvor.

[Explanation-- “Coast Guard” means the Coast Guard constituted uinder section 3 of the Coast Guard Act, 1978 (30 of 1978).]

(4) Any dispute arising concerning the amount due under this section shall be determined upon application made by either of the disputing parties--

(a) to a [Judicial magistrate of the first class or a Metropolitan Magistrate, as the case may be,] where the amount claimed does not exceed ten thousand rupeesd; or

(b) to the High Court, where the amount claimed exceeds ten thousand rupees.

(5) Where there is any dispute as to the persons who are entitled to the salvage amount under this section, [the Judical Magistrate of the first class or the Metropolitan Magistrate or the High Court, as the case may be,] shall decide the dispute and if there are more persons than one entitled to such amount, [such Magistrate] or the High Court shall apporstion the amount thereof among such persons.

(6) The coasts of and incidental to all proceedings before [a Judicial Magistrate of the first class or a Metropolitan Magistrate] or the High Court, and [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.

403. Savings-- Nothing in this Part shall--

(a) effect any treaty or arrangement with any foreign country to which India is a party with reference to the disposal of the proceeds of wrecks on their respective coasts; or

(b) affect the provisions of section 29 of the Indian Ports Act, 1908 (15 of 1908), or entitle any person to salvage in respect of any property recovered by creeping or sweeping in contravention of that section.

404. Power to make rules respecting wreck and salvage-- (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 the salvages and the apportioning of salvage;

(f) the procedure to be followed for dealing with claims for salvage;

(g) the detention of prooperty in the custody of a receiver of wreck for the purpose of enforcing payment of salvage.

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