INDIA. THE INDIAN MERCHANT SHIPPING ACT, 1883. CONTENTS. CHAPTER I. SECTIONS. 1. Short title. Extent. Commencement. 2. Repeal of Enactments. 3. Definitions. 4. Saving and provision as to powers for removal of master. CHAPTER II. Investigations into Shipping Casualties. 5. Chapter not to apply to certain ships. 6. Report of casualties to be made to Local Government. 7. Power for Local Government to appoint special Court of Inves. tigation. 8. Power for other Courts to hold Investigations into casualties when so directed. 9. Power for Court of Investigation to inquire into charges against masters, mates and engineers. 10. Power for Local Government to direct Investigation into charges of incompetency or misconduct. 11. Person accused to be heard. 12. Powers of Courts as to evidence and regulation of proceedings. 13. Assessors. 14. Power to arrest witnesses and cause entry and detention of vessels. 15. Power to commit for trial and bind over witnesses. 16. Depositions. 17. Report by Court to Local Government. CHAPTER III. Suspension and Cancellation of Certificates and Grant of Fresh Certificates. 18. Saving of power to cancel and suspend certificates under English Acts. 19. Power to issue local certificates in lieu of cancelled or suspended certificates. 20. Power for Local Government to suspend or cancel certificates in certain cases. 21. Obligation to deliver up cancelled or suspended certificate. 22. Report to other Local Governments. 23. Report to Board of Trade. 24. Power to revoke cancellation or suspension and grant new certificate. ACT No. V. OF 1883. Passed by the Governor-General of India in Council. (Received the assent of the Governor-General on the 23rd February, 1883.) An Act for the further amendment of the law relating to merchant shipping. WHEREAS it is expedient to amend the law relating to investigations into casualties affecting ships and charges against masters, mates and engineers; And whereas it is also expedient to provide, in other respects hereinafter appearing, for the regulation and control of merchant shipping; It is hereby enacted as follows: CHAPTER I. 1. (1) This Act may be called the Indian Merchant Shipping Act, 1883. (2) It extends to the whole of British India; (3) And it shall come into force on the first day of January, 1884. 2. (1) The Indian Merchant Shipping Act, 1875, and Act XIII. of 1878 (an Act to provide for the recovery in British India of wages due to, and expenses incurred in respect of, certain seamen and apprentices, and to amend the Indian Merchant Shipping Act, 1875, and the Indian Ports Act, 1875), are hereby repealed. (2) But all proceedings commenced, officers appointed, powers conferred, investigations held, certificates cancelled or suspended, agreements made and persons authorized under the said Acts or either of them, shall be deemed to have been respectively commenced, appointed, conferred, held, cancelled or suspended, made and authorized under this Act. 3. In this Act 'Ship" includes every description of vessel used in navigation not propelled by oars; and "Master" means any person (except a pilot or harbour-master) having for the time being control or charge of a ship. 4. (1) Nothing in this Act shall affect the powers conferred by section two hundred and forty of the Merchant Shipping Act, 1854, Short title. Extent. ment. IV of 1875. Repeal of enactments. Definitions. Saving and provision as to powers for re moval of master Chapter not to apply to certain ships. Report of casualties to be made to Local Government. or by section eighty of Act I. of 1859 (for the amendment of the law relating to merchant shipping), on Courts having Admiralty jurisdiction in India. (2) The powers conferred by the last-mentioned enactment may, at any port in British India where there is no Court having Admiralty jurisdiction, be exercised by the principal Court of ordinary criminal jurisdiction at that port. CHAPTER II. Investigations into Shipping Casualties. 5. Nothing in this chapter shall apply to any ship belonging to, or in the service of, Her Majesty or of the Government of India, or belonging to any foreign Prince or State. 6. (1) Whenever any magistrate or any officer appointed by the Local Government in this behalf, receives credible information that (a) Any ship has been lost, abandoned, stranded or materially damaged on or near the coasts of British India; or (b) By reason of any casualty happening to, or on board of, any ship on or near those coasts, loss of life has ensued; or (c) Any ship has caused loss or material damage to any other ship on or near those coasts; or (d) Any such loss, abandonment, stranding, damage or casualty has happened elsewhere to, or on board of, any British ship, and any competent witnesses thereof have arrived or are to be found at any place in British India; or (e) Any British ship is supposed to have been lost, and any evidence can be obtained in British India as to the circumstances under which she proceeded to sea or was last heard of; He shall forthwith report in writing the information to the Local Government. (2) In the cases mentioned in clauses (a), (b) and (c), the master, pilot, harbour-master, or other person in charge of the ship, or (where two ships are concerned) in charge of each ship, at the time of the loss, abandonment, stranding, damage or casualty, and In cases under clause (d), where the master of the ship concerned, or (except in the case of a loss) where the ship concerned, proceeds to any place in British India from the place where the loss, abandonment, stranding, damage or casualty has occurred, the master of the ship, Shall, on arriving in British India, give immediate notice of the loss, abandonment, stranding, damage or casualty to the nearest magistrate, or, when he arrives at a port in British India, to the officer appointed as aforesaid at that port. (3) Any person bound to give notice under this section and wil. fully failing to give the same shall be punished with fine which may extend to five hundred rupees, and, in default of payment, to simple imprisonment for a term which may extend to three months. 7. (1) If in any such case a formal Investigation into the facts mentioned in section six, clause (a), (b), (c), (d) or (e), appears to the Local Government to be requisite or expedient, the Local Government (whether notice is given or not) may appoint a special Court, consisting of not less than two nor more than four persons, and direct that Court to make the Investigation, and may fix the place for making the same. (2) One of the members of the Court shall be a magistrate acting in or near the place where the investigation is made; another shall be some person conversant with maritime affairs; and the other or others (if any) shall be conversant with either maritime or mercantile affairs. 8. Every Court having Admiralty jurisdiction in British India, and the principal Court of ordinary criminal jurisdiction at every port of British India where there is no Court having Admiralty jurisdiction, is hereby authorized, when so directed by the Local Government, to make the Investigations referred to in section seven. 9. (1) Any Court making an Investigation under section seven or section eight may inquire into any charge of incompetency or misconduct arising, in the course of the Investigation, against any master, mate or engineer, as well as into any charge of a wrongful act or default on his part causing any such loss, abandonment, stranding, damage or casualty as aforesaid. (2) In every case in which any such charge, whether of incompetency or misconduct, or of a wrongful act or default, as aforesaid, arises against any master, mate or engineer in the course of an Investigation, the Court shall, before the commencement of the Inquiry, cause to be furnished to him a copy of the report or statement of the case upon which the Investigation has been directed. 10. (1) If the Local Government has reason to believe that there are grounds for charging any master, mate or engineer, holding a certificate granted by the Board of Trade or a Local Government, with incompetency or misconduct, otherwise than in the course of an Investigation under section seven or section eight, it may trans. mit a statement of the case to any Court mentioned in section eight, at or nearest to the place at which it may be convenient for the parties and witnesses to attend, and may direct that Court to make an Investigation into that charge. (2) Before commencing the Investigation, the Court shall cause the master, mate or engineer so charged to be furnished with a copy of the statement transmitted by the Local Government. (11.) For the purpose of an Investigation under this chapter into any charge against a master, mate or engineer, the Court may summon him to appear, and shall give him full opportunity of making a defence either in person or otherwise. Power for Local Government to appoint special Court of Investigation. Power for other Courts to hold Investigacasualties when so directed. tions into Power for Court of Investi gation to inquire against masters, into charges mates and engineers. Power for Local Govern ment to direct into charges of investigation incompetency or misconduct. Person accused to be heard. |