Updated: Wednesday September 11, 2013/AlArbia'a
Thoul Ki'dah 07, 1434/Budhavara
Bhadra 20, 1935, at 08:22:26 PM
The
Ordinance No. LII of 2001
An Ordinance to consolidate and amend the
law relating to merchant shipping
[Gazette of
F.No.2(1)/2001-Pub. The following Ordinance
promulgated by the President is hereby published for general information:---
Whereas it is expedient to consolidate and amend the
law relating to merchant shipping and to provide for matters connected
therewith and incidental thereto;
Now, Therefore, in pursuance of the Proclamation of Emergency of the fourteenth
day of October, 1999 and the Provisional Constitution Order No.1 of 1999 read
with the Provincial Constitution (Amendment) Order No.9 of 1999, and in
exercise of all powers enabling him in that behalf, the President of the
Islamic Republic of Pakistan is pleased to make and promulgate the following
Ordinance:---
PART I
CHAPTER 1.
PRELIMINARY
1. Short title, extent, application and commencement. (1) This Ordinance may be called may be called the
Pakistan Merchant Shipping Ordinance, 2001.
(2) It extends to the whole of
(3) Save as otherwise expressly provided, this
Ordinance shall apply to (a) all
(b) all ships deemed to be registered under this
Ordinance wherever they may be; and
(c) all other ships while in a port or place in, or
within the territorial waters or within the exclusive economic zone specified
in Section 6 of the Territorial Waters and Maritime Zones Act, 1976 (LXXXII of
1976):---
Provided that the provisions of this Ordinance shall
not apply to (i) any ship, commissioned for service, in the Pakistan Navy or,
while employed otherwise than for commercial use in the service of Government,
any other ship belonging to Government; or
(ii) any ship belonging to any foreign State while
employed otherwise than for commercial use in the service of such State.
(4) It shall come into force at once.
2. Definitions. In this Ordinance, unless there is anything repugnant in the subject or
context,
(1) “apprentice” means person appointed for training
to the sea service under this Ordinance, whether called an apprentice or a
cadet, or by any other name whatever;
(2) “bareboat or demise charter” means the hiring of a
ship for a period where the charter appoints ship’s master and crew and pay all
running expenses of a ship and has a right to have the vessel registered in his
name;
(3) “cargo ship” means a ship which is not a passenger
ship;
(4) “coats” includes coats of creeks and tidal waters;
(5) “coasting ship” means a ship which is exclusively
employed in trading coast-wise within Ports or places in Pakistan or any marine
areas specified in the Pakistan Territorial Waters and Maritime Zones Act, 1976
(LXXXII of 1976), or any other law for the time being in force and between such
ports or placesas the Federal Government, may, from time, notify;
(6) “coasting trade” means the carriage by sea of
passengers or goods between ports or places in areas specified in clause (5);
(7) “collision regulations” means the regulations made
under Section 411;
(8) “company” means a company as defined in clause (7)
of sub-section (1) of Section 2 of the Companies Ordinance, 1984 (XLVII of
1984), and includes,---
(a) a body corporate constituted or established by or
under any
(b) any partnership or association of persons, whether
incorporated or not;
(9) “Customs collector” means any of the officers of
Customs appointed under Section 3 of the Customs Act, 1969 (IV of 1969), and
for the time being in separate charge of a customs port as defined in Section 2
thereof;
(10) “distressed seaman” means a seaman engaged under
this Ordinance who, by reason of having not being property discharged or left
behind from or ship-wrecked, in any ship at any port or place outside port of
engagement in Pakistan, is in distress there;
(11) “effects”, in relation to a seaman, includes
clothes and documents;
(12) “equipment”, in relation to a ship, includes
boats, tackle, pumps, apparel, furniture, life saving appliances, of every
description, spars, masts, rigging and sails, for signals, lights, shapes and
signals of distress, medicines and medical and surgical stores and appliances,
charts, radio installations, appliances for preventing detecting or extinguishing
fires, buckets, compasses, axes, lanterns, loading and discharging gears and
appliances of all kinds, and all other stores or articles belonging to or to be
used in connection with or necessary for the navigation and safety of the ship
and pollution prevention;
(13) “fishing vessel” means vessel used commercially
for catching fish, whales, seals, walrus or other living resources of the sea;
(14) “foreign-going ship” means a ship, not being a
coasting ship or a home-trade ship, employed in trading between any port or
place in Pakistan and any other port or place or between ports or places
outside Pakistan;
(15) “free board“ means, in the case of any ship which
is marked with a deck line, the height from the water to the upper edge of the
deck line, and, in the case of any other ship, the height amidships from the
water to the upper edge of the deck from which the depth of hold as stated in
the register is measured;
(16) “gross”, in relation to tonnage of vessel, means
the gross tonnage of the vessel as registered under this Ordinance;
(17) “High Court”, in relation to a vessel means the
High Court within the limits of whose appellate jurisdiction,---
(a) the port of registry of the vessel is situated;
(b) the vessel is for the time being; or
(c) the cause of action wholly or in part arises;
(18) “home-trade ship” or “home-trade passenger ship”
means ship employed in trading between ports and places in Pakistan or between
any port and place in Pakistan to or from an area within the extremities not
exceeding five hundred nautical miles from a point on the Pakistani coast and
including Gulf of Oman not beyond Ras-ul-Hadd and ports or places in the Gulf;
(19) “Load Line Convention” means the International
Convention Load Lines, 1966, as amended from time to time;
(20) “Maritime Board” means a Board convened under
Section 481;
(21) “master” includes any person, other than a pilot
appointed by the owner, having command or charge of any ship and includes the
person who replaces him as master;
(22) “nakhuda” means the person in command or charge
of a sailing vessel or modern crafts of primitive build;
(23) “net” in relation to tonnage of a vessel, means
the net tonnage of the vessel as registered under this Ordinance;
(24) “nuclear ship” means a ship provided with a
nuclear power plant;
(25) “owner” means,---
(a) in relation to a registered ship, the person or
persons and companies who are for the time being shown as owners in the
Register Book maintained under this Ordinance;
(b) in relation to any other ship, the persons and
companies to whom the ship or a share in the ship belongs;
(c) in relation to a sailing vessel or a fishing
vessel, the persons or companies to whom the vessel belongs; and
(d) in relation to any ship, in addition to the person
who owns the ship, includes also the bareboat charterer and any other person
who operates the ship and to whom the owners responsibilities have been
formally assigned;
(26) “Pakistan consular officer” means a
consul-general, consul, vice-consul, pro-consul or consular agents appointed as
such by the Federal Government and includes,---
(a) any person authorised by the Federal government to
perform the functions of any of them; and
(b) a seamen’s Welfare Officer performing the
functions of a Pakistan Consular Officer under Part IV;
(27) “Pakistani ship” means a ship registered as such
under this Ordinance;
(28) “passenger” means any person carried on board a
ship except,---
(a) a person employed or engaged in any capacity on
board the ship on the business of the ship;
(b) a person on board the ship either in pursuance of
the obligation laid upon the master to carry shipwrecked, distressed or other
persons, or by reason of any circumstance which neither the master nor the
charterer, if any, could have prevented or forestalled; or
(c) a child under one year of age;
(29) “passenger ship” means a ship carrying more than
twelve passengers;
(30) “pilgrim” means a person going to or returning
from the Kingdom of Saudi Arabia for or after performing Hajj, and includes and
such passenger who is returning without having actually landed in the Kingdom
of Saudi Arabia;
(31) “pilgrim of lowest class” means a pilgrim for
whom no separate accommodation in any cabin, smoke-room or saloon is reserved;
(32) “pilgrim ship” means a special trade passenger
ship carrying or about to carry pilgrims from or to any port or place in
Pakistan to or from any port or place in the Red Sea or any port declared as
such by the Federal Government:---
Provided that no ship carrying passengers other than
pilgrims of the lowest class and having on board pilgrims of the lowest class
in a less proportion than one pilgrim for every one hundred tonnes of the gross
tonnage of the ship shall be deemed to be a pilgrim ship within the meaning of
this Ordinance;
(33) “port of registry”, in relation to a ship, a
sailing vessel or a fishing vessel, means the port at which she is registered
or is to be registered;
(34) “prescribed” means prescribed by rules made under
this Ordinance;
(35) “proper return port”, in relation to a master,
seaman or apprentice discharged of left behind, means the port at which the
master, seaman or apprentice was engaged or the port agreed to as such by the
master, seaman or apprentice, as the case may be;
(36) “radio installation” means radio equipment, as
prescribed;
(37) “ratification” means the act of acceptance of
International Convention or instruments relating to merchant shipping including
but not limited to safety of life at sea, protection of marine environment
etc., and any amendments thereto by the Government of Pakistan and the
depositing of instrument of ratification or accession to such Convention with
the international body eoncerned and the expression “ratified shall be
construed accordingly;
(38) “sailing vessel” means any description of vessel
which is,---
(a) fitted exclusively with sails, or
(b) provided with sufficient sail area for navigation
under sails alone and, if fitted with mechanical means of propulsion, such
means are meant for auxiliary purposes only;
(39) “safety Convention” means any international
safety Conventions, treaty or agreement ratified by
(40) “safety convention certificate” means,---
(i) a passenger ship certificate;
(ii) a special trade passenger ship safety
certificate;
(iii) a special trade passenger ship space
certificate;
(iv) a cargo ship safety construction certificate;
(v) a cargo ship safety equipment certificate;
(vi) a cargo ship safety radio certificate;
(vii) an exemption certificate;
(viii) a nuclear passenger ship safety certificate;
(ix) a nuclear cargo ship safety certificate issue
under Parts VI, X or, as the case may be, Part XIV;
(x) any other certificates s may be prescribed;
(41) “surveyor” means a person appointed under Section
4 and includes a nautical surveyor, ship surveyor or an engineer surveyor;
(42) “salvage” means the rendering of assistance to
ships in danger, to any things on board and to things floating, sunk or washed
ashore;
(43) “salvor” means, in the case of salvages rendered
by the officers or crew or part of the crew of any ship belonging to the
Federal Government, the person in command of that ship;
(44) “sea-going”, in relation to a vessel, means a
vessel proceeding to sea beyond such limits as may be specified by the Federal
Government by notification in the official Gazette;
(45) “Seaman” means a person employed or engaged, or
to be employed or engaged, for service in any capacity on board any ship, but
does not include master, pilot of apprentice;
(46) “second hand”, in relation to a fishing vessel,
means the person next in authority to the skipper of the vessel;
(47) “ship” includes every description of vessel used
in navigation not propelled by. oars;
(48) “skipper” means the person in command of a
fishing vessel or in charge of the navigation of such vessel;
(49) “special trade” means the conveyance of large
number of special trade passengers by sea on international voyages within the
area specified under the Special Trade Agreement;
(50) “Special Trade Agreement” means the Special Trade
Passenger Ships Agreement signed at
(51) “special trade passenger” means a passenger
carried in special trades in special trades in spaces on the weather deck,
upper deck, or between decks which accommodate more than eight passengers;
(52) “special trade passenger ship” means a
mechanically propelled passenger ship carrying more than fifty special trade
passengers;
(53) “tidal water” means any part of the sea and any
part of a river within the ebb and flow of the tide at ordinary spring tides,
but does not include a harbour;
(54) “valid international load line certificate” means
a certificate purporting to have been issued in accordance with the Load Line
Convention in respect of a ship, other than a Pakistani ship, by the competent
authority in the country in which the ship is registered;
(55) “valid safety convention certificate” means a
certificate purporting to have been issued in accordance with the Safety
Convention in respect of a ship, not being a Pakistan ship, by the competent
authority in the country in which the ship is registered;
(56) “vessel” includes a ship, boat, sailing vessel,
fishing vessel and any other description of vessel used or intended to be used
in navigation and includes dynamically supported craft, submersibles and fixed
or floating platforms;
(57) “voyage”, in relation to a ship, means the whole
distance between the ship’s port or place of departure and her final port or
place of arrival;
(58) “wages” includes emoluments;
(59) “wreck” includes the following when found inthe
sea or in the tidal waters or on the shores thereof, namely:---
(a) goods which have been cast or fall into the sea
and then sink and remain under water;
(b) goods which have been cast or fall into the sea
and then remain floating on the surface;
(c) goods which are sunk in the sea, but are attached
to a floating object in order that they may be found again;
(d) goods which are thrown away or abandoned; and
(e) a vessel abandoned without hope or intention or
recovery; and
(60) “young person” means a person under eighteen
years of age.
CHAPTER 2
MERCANTILE MARINE DEPARTMENT
3. Office of Mercantile Marine Department. (1) the Federal Government may establish and maintain
an office of the Mercantile Marine Department at the
(2) The office of the Mercantile Marine Department at
the
(3) The Principal Officer may, in addition to any
other functions, perform all or any of the functions of a surveyor under this
Ordinance.
(4) The Federal Government may appoint a Chief
Nautical Surveyor and a Chief Engineer and Ship Surveyor to perform such duties
under this Ordinance as may be assigned to them by the Federal Government and
to supervise the performance of surveyors.
4. Surveyors. (1)
The Federal Government may, by notification in the official Gazette, appoint
for each office established under Section 3 as many persons, as it may think
fit, possessing such qualifications as may be prescribed in this behalf, to be
surveyors for the purposes of this Ordinance.
5. Radio Inspectors. (1) The Federal Government may, by notification in the official
Gazette, appoint as many Radio Inspectors as it may consider necessary for the
purpose of securing that the requirements of this Ordinance and the rules made
there under relating to radio installation and radio service are complied with.
(2) The radio inspector shall perform his functions
under this Ordinance under the general supervision and control of the Principal
Officer.
CHAPTER 3.
SHIPPING OFFICES
6. Shipping Offices. (1) The Federal Government shall maintain a shipping office at every
port in
(2) For every shipping office, the Federal Government
shall appoint a Shipping Master and may appoint such Deputy Shipping Masters as
it may consider necessary possessing such qualifications as may be prescribed.
(3) A Shipping Master and a Deputy Shipping Master
shall, in the performance of their functions, be subject to the general
supervision and control of the Federal Government or of such authority as the
Federal Government may, by general or special order, direct.
(4) All acts done by or before a Deputy Shipping
Master shall have the same effect, as if done by or before a Shipping Master.
7. Conduct of business of shipping office at other
office. (1) The Federal Government
may direct that where at any port there is no shipping office establish, the
whole or any part of the business of a Shipping Office shall be conducted at such
office and be committed to such officer at that office as the Federal
Government may specify; and thereupon such business shall be conducted
accordingly.
(2) For the purposes of this Ordinance, an office at
which the business of a shipping office is conducted under sub-section (1)
shall be deemed to be a shipping office and the officer to whom such business
is committed under that sub-section shall be deemed to be a Shipping Master.
8. Duties of the Shipping Master. The duties of a Shipping Master shall, in general in
respect of Pakistani ships, be,---
(a) to superintend and afford facilities for
engagement and discharge of seamen in the manner provided in this Ordinance and
the rules made thereunder;
(b) to perform such other functions relating to seamen,
apprentices and ships as are, by or under this Ordinance or by general or
special order of the Federal Government, assigned to a Shipping Master.
9. Fees for engagement or discharge of seamen. (1) In respect of all engagements and discharges of
seamen, the owner of a ship or master so engaging or discharging shall pay to
the Shipping Master such fee as the Federal Government may, by notification in
the official Gazette, fix; and the Shipping Master may decline to act in any
case until such fee has been paid.
(2) A copy of the scale of fees for the time being
payable under sub-section (1) shall be affixed at some conspicuous place in the
Shipping Office.
10. Seamen’s Welfare Officers. (1) The Federal Government may appoint Seamen’s
Welfare Officers at such ports or places in
(2) A Seamen’s Welfare Officer appointed under
sub-section (1) shall, under the general supervision and control of the Federal
Government or of such other authority as the Federal Government may, by general
or special order, direct, perform at any port or place in Pakistan, such
functions in relation to welfare of seaman as may be assigned to him by the
Federal Government.
CHAPTER 4.
REGISTRATION
11. Application. This Chapter shall not apply to sailing vessels or fishing vessels nor
to such ships registered under the Inland Mechanically Propelled Vessels Act,
1917 (I of 1917), as are not sea-going.
12. Restriction on acquisition of ship. (1) No citizen of
(2) No Pakistani ship shall, except with prior
permission writing from the Federal Government be converted, modified or
altered in such manner so as to change the character of the ship.
(3) Whoever contravenes or attempts to contravene the
provisions of sub-section (1) or sub-section (2) shall be liable to a fine
which may extend to one hundred thousand rupees and any transaction made in
contravention of any such provisions shall be void.
13. Qualification for registration of
(a) citizens of
(b) persons having acquired citizenship of
(c) companies having their principal place of business
in
(d) any individual or company permitted by Federal
Government.
(2) A ship on bareboat or demise charter for a period
of not less than six months may be registered as a Pakistani ship in the name
of a persons provided that such a person falls under any of the description
given in clauses (a) to (d) of sub-section (1) and subject to condition as may
be prescribed.
(3) A bareboat charter registry may be kept suspended
for a period of charter, where Pakistani ships are bareboat chartered out to a
person other than Pakistani Nationals on conditions as prescribed.
(4) Citizens of Pakistan by birth or by migration or
Companies have their principal place of business in Pakistan which are
conducting operation and management of ships from Pakistan or any other
individual Company permitted by Federal Government, may obtain Second Registry
of ships or other crafts registered abroad in their names provided that this
Registry shall be for such period as the Government may prescribe.
14. Obligation to register ships. (1) Ships owned by citizens of
(2) A ship required by this Ordinance to be registered
may be detained until the master of the ship, if so required, produces the
certificate of registry in respect of the ship.
15. Exemption from registry. The following ships shall be exempted from registry
under this Ordinance, namely:---
(a) Ships not exceeding fifteen tones net registered
tonnage employed solely in navigation on the rivers or coasts of Pakistan
within which the managing owners of the ships are resident;
(b) Ships not exceeding thirty tones net registered
tonnage and not having a whole or fixed deck, and employed solely in fishing or
trading coastwise on the shores of Pakistan; and
(c) Ships belonging to Government of Pakistan except
where expressly provided by notification in official Gazette.
16. Registrars of Pakistani ships and ports of
registry. (1) The following persons
shall be registrars of Pakistani ships,---
(a) at the
(b) at any other port, such authority as the Federal
Government may, by notification in the official Gazette, appoint to be the
registrar of ships.
(2) A registrar shall not be liable to damages or
otherwise for any loss accruing to any person by reason of his any act or
default in his capacity of registrar unless the same has happened through his
neglect or willful act.
(3) The ports of
17. Provisions for entries in register book. Every registrar of Pakistani ships shall keep a book
to be called the register book and entries in that book and entries in that
book shall be made in accordance with the following provisions, namely:---
(a) The property in a ship shall be divided into
sixty-four shares;
(b) Subject to the provisions of this Ordinance with
respect to joint owners or owners by transmission, not more than sixty-four
individuals shall be entitled to be registered at the same time as owners of
any one ship; but this rule shall not affect the beneficial title or any number
of persons or of any company represented by or claiming under or through any
registered owner or joint owner;
(c) a person shall not be entitled to be registered as
owner of a fractitional part of a share in aa ship; but any number of persons
not exceeding five may be registered as joint owners of a ship or of any shares
therein;
(d) joint owners shall be considered as constituting
one person only as regards the persons entitled to be registered, and shall not
be entitled to dispose in severally of any interest in a ship or in any share
therein in respect of which they are registered; and
(e) a company may be registered as owner by its name.
18. Measurement of ships. Every Pakistani ship shall before registry have her
tonnage ascertained in the prescribed manner.
19. Marking of ships. Every Pakistani ship shall before registry be marked permanently
and conspicuously in the prescribed manner.
20. Entry of particulars in register book. As soon as the requirements of this Ordinance,
preliminary to registry, have been complied with the registrar shall enter in
the register book, the following particulars respecting the ship, namely,---
(a) the name of the ship and the previous name and
registry, if any, and the name of the port to which she belongs;
(b) the details comprised in the surveyor’s
certificate;
(c) the particulars respecting her origin stated in
the declaration of ownership;
(d) the name and description of his registered owner
or owner, and if there are more owners than one, the proportions in which they
are interested in her; and
(e) international call sign of the ship, if assigned.
21.
22. Certificate of Registry. On completion of the registry of a Pakistani ship, the
registrar shall grant a certificate of registry containing the particulars
respecting her entered in the register book with the name of her master.
23. Custody and use of certificate. (1) The certificate of registry shall be used only for
the lawful navigation of the ship, and shall not be subject to detention by
reason of any title, lien, charge, or interest whatever had or claimed by any
owner, mortgagees, or other person to, on, or in the ship.
(2) No person, whether interested in the ship or not,
who has in his possession or under his control the certificate of registry of a
ship shall refuse or omit, without reasonable cause, to deliver such
certificate on demand to the person entitled to the custody thereof for the
purposes of the lawful navigation of the ship, or to any registrar, officer of customs,
or other person entitled by law to require such delivery.
(3) Any Judge or any Court, taking cognizance of the
matter, may, by order, summon the person so refusing or omitting to deliver the
certificate to appear before such Judge or Court, and to be examined touching
such refusal, and unless it is proved tot he satisfaction of such Judge or
Court that there was reasonable cause for such refusal, the offender shall be
liable to a fine which may extend to one hundred thousand rupees, but if it is
shown to such Judge or Court that the certificate is lost, the person summoned
shall be discharged, and the Judge or Court shall certify that the certificate
of registry is lost.
(4) It the person so refusing is proved to have
absconded so that the order of a Judge or process of a Court cannot be served
on him, or if he persists in not delivering up the certificate, the Judge or
Court shall certify the fact, and the same proceedings may then be taken as in
the case of a certificate mislaid, lost, or destroyed, or as near thereto as
circumstances permit.
24. Penalty for use of improper certificate. If the
master or owner of a Pakistani ship uses or attempts to use for her navigation
a certificate of registry not legally granted in respect of the ship, he shall
be liable to a fine which may extend to one hundred thousand rupees and the
ship shall be liable forfeiture.
25. Power to grant duplicate certificate. The registrar of the port of registry of a Pakistani
ship may, on the delivery up to him of the defaced or multilated certificate of
registry of a ship, grant a duplicate certificate in lieu thereof.
26. Provision for loss of certificate. (1) In the event of the certificate of registry of a
Pakistani ship being mislaid, lost or destroyed, the registrar of her port of
registry shall grant a duplicate certificate of registry in lieu of her
original certificate.
(2) If the port, having a Pakistani registrar or
consular officer, at which the ship is at the time of the event referred to in
sub-section (1) or first arrives after the event,---
(a) is outside
(b) Where the ship is registered at a Port of registry
under this Ordinance, is not that port; than port; then the master of the ship,
or some other person having knowledge of the facts of the case, shall make a
declaration stating the facts of the case, and the names and descriptions of
the registered owners of such ship to the best of the declarant’s knowledge and
belief, and the registrar or consular officer, as the case may be, shall
thereupon grant a provisional certificate, containing a statement of the
circumstances under which it is granted.
(3) Such registrar of Consular officer shall forward a
copy of the certificate at the first convenient opportunity to the registrar of
shipping, Mercantile Marine Department,
27. Endorsement of change of master on certificate. Where the master of a Pakistani ship is changed, the
registrar, or if there is none the Pakistan consular officer, at the port where
the change occurs, shall endorse and sign on the certificate of registry a
memorandum of the change, and shall forthwith report the change to the
Registrar of Shipping, Mercantile Marine Department, Karachi, and any officer
of customs at any port in Pakistan may refuse to permit any person to do any
act there as master of a Pakistani ship unless his name is inserted in or
endorsed on her certificate of registry as her last appointed master.
28. Endorsement of change of ownership. (1) Whenever a change occurs in the registered
ownership of a ship, the change of ownership shall be endorse on her
certificate of registry either by the registrar of the ship’s port of registry
or by the registrar of any port at which the ship arrives who has been advised
of the change by the registrar of the ship’s port of registry.
(2) The master shall, for the purpose of such
endorsement by the registrar of the ship’s port of registrar of the ship’s port
of registry, deliver the certificate of registry to the registrar, forthwith
after the change if the change if the change occurs when the ship is at her
port of registry, and if it occurs during her absence from that port and the
endorsement under this section is not made before her return, then upon her
first return to that port.
(3) The registrar of any port, not being the ship’s
port of registry, who require to make an endorsement under this section may for
that purpose require the master of the ship to deliver to him the ship’s
certificate of registry so that the ship may not thereby detained and the
master shall deliver the same accordingly.
(4) If the master fails to deliver to the registrar
the certificate of registry required by this section he shall, for each
offence, be liable to a fine which may extend to ten thousand rupees.
29. Provisional certificate for ships becoming
Pakistani owned abroad. If at a port
outside Pakistan, and not being a port of registry established under this Ordinance,
a ship becomes the property of persons qualified to own a Pakistani ship, the
Pakistan consular officer there may grant to her master, on his application, a
provisional certificate, stating,---
(a) the name of the ship;
(b) the time and place of her purchase and the names
of her purchasers;
(c) the name of her master; and
(d) the particulars respecting her tonnage, build and
description which he is able to obtain.
and shall forward a copy of the certificate at the
first convenient opportunity to the Registrar of Shipping, Mercantile marine
Department,
30. Temporary passes in lieu of certificates of
registry. Where it appears to the
Federal Government that by reason of special circumstances it would be
desirable that permission should be granted to any Pakistani ship to pass,
without being previously registered, from one port in Pakistan to any other
port in Pakistan, the Federal Government may grant a pass accordingly, and that
pass shall, for the time and within the limits therein mentioned, have the same
effect as a certificate of registry.
31. Transfer of ships or shares. (1) A registered ship or a share therein, when
disposed of to any person shall be transferred by bill of sale.
(2) The bill of sale shall contain such description of
the ship as is contained in the surveyor’s certificate or some other
description sufficient to identify the ship to the satisfaction of the
registrar and shall be executed by the transferor in the presence of and the
attested by atleast two witnesses.
32. Declaration of transfer. Where a registered ship, or a share therein, is
transferred the transferee shall not be entitled to be registered as owner
thereof until he or, in the case of a company, the person authorized by this
Ordinance to make declarations on behalf of the company,---
(a) a statement of the qualification of the transferee
to own a Pakistani ship, or if the transferee is a company of such
circumstances of the constitution and business thereof as prove it to be
qualified to own a Pakistani ship; and
(b) a declaration that, to the best of his knowledge
and belief, no unqualified person or body of persons is entitled as owner to
any legal or beneficial interest in the ship or any share therein.
(33) Registry of transfer. (1) Every bill of sale for the transfer of a
registered ship, or of a share therein, when duly executed, shall be produced
to the registrar or her port of registry with the declaration of transfer and
the registrar shall thereupon enter in he register book the name of the
transferee as owner of the ship or share, as the case may be, and shall endorse
on the bill of sale the effect of that entry having been made with the day and
hour thereof.
(2) Bills of sale of a ship, or of a share therein,
shall be entered in the register book in the order of their production to the
registrar.
34. Transmission of property in ship on death,
bankruptey, marriage, etc. (1) Where
the property in a registered ship, or share therein, is transmitted to a person
qualified to own a Pakistani ship on the marriage, death, or bankruptey of any
registered owner, or by any lawful means other than by atransfer under this
Ordinance
(a) that person shall authenticate the transmission by
making and signing a declaration, in this Ordinance called a declaration of
transmission, identifying the ship and containing statements required to be
contained in a declaration of transfer, or as near thereto as circumstances
admit, and also a statement of the manner in which and the person to whom the
property has been transmitted.
(b) if the transmission takes place by virtue of
marriage, the declaration shall be accompanied by a copy of the register of the
marriage or other legal evidence of celebration thereof, and shall declare the
identity of the female owner;
(c) if the transmission is consequent on bankruptey,
the declaration of transmission shall be accompanied by proof of such claim; or
(d) if the transmission is consequent on death, the
declaration transmission shall be accompanied by a succession certificate,
probate or letters of administration under the Succession Act, 1925 (XXXIX of
1925), or a duly certified copy thereof.
(2) The registrar, on receipt of the declaration of
transmission so accompanied, shall enter in the register book the name of the
person entitled under the transmission as owner of the ship or share the
property in which has been transmitted, and, where there are more persons than
one, shall enter the names of all those persons but those persons however
numerous, shall, for the purpose of the provision of this Ordinance with
respect to the number of persons entitled to be registered as owners, be
considered as one person.
35. Order for sale on transmission to unqualified
person. (1) Where the property in a
registered ship, or share therein, is transmitted on marriage, death,
bankruptey or otherwise to a person not qualified to own a Pakistani ship, then,---
(a) if the ship is registered in
(b) if the ship is registered in a port of registry
established by this Ordinance, the principal Civil Court having jurisdiction,---
may on application by or on behalf of the unqualified
person, order a sale of the property so transmitted and direct that the
proceeds of the sale, after deducting the expenses thereof, be paid to the
person entitled under such transmission or otherwise as the Court may direct.
(2) The Court may require any evidence in support of
the application it thinks necessary and may make such order thereon and on such
terms and conditions it thinks just or may refuse to make the order.
(3) Every such application for sale must be made
within four weeks after the occurrence of the event on which the transmission
has taken place or within such further time, not exceeding one year from the
date of the occurrence, as the Court may allow.
(4) If such an application is not made within the time
aforesaid, or if the Court refuses an order for sale, the ship or share
transmitted shall thereupon be subject of forfeiture under this Ordinance.
36. Transfer of ship on sale by order of Court. Where any Court, whether under the preceding sections
or otherwise, orders the sale of any ship or share therein, the order of the
Court shall contain a declaration vesting in some person named by the Court the
right to transfer that ship or share, and that person shall thereupon be
entitled to transfer the ship or share in the same manner and to the same
extent as if he were the registered owner thereof, and every registrar shall
obey the requisition of the person so named in respect of any transfer to the
same extent as if such person were the registered owner.
37. Power of Court to prohibit transfer. Where the ship is registered in Pakistan the High
Court and in the case of a port of registry established outside Pakistan under
this Ordinance, the principal Civil Court having jurisdiction, may if it thinks
fit, without prejudice to the exercise of any other power, on the application
of any interested person make an order prohibiting for a time specified any
dealing with a ship or any share therein and the Court may make the order
thereon on such terms or conditions it thinks just, or may refuse to make the
order, or may discharge the order when made, with or without costs and every
registrar, without being made a party to the proceeding, shall on being served
with the order obey the same.
38. Mortgage of ship or share. (1) registered ship or a share therein may be made a
security for a loan or other valuable consideration and upon production of
instrument creating the security (in this Ordinance called a mortgage), the
registrar of the ship’s port of registry shall record it in the register book.
The instrument creating the security shall have a summary attached in the
prescribed form to be recorded by the registrar.
(2) Mortgages shall be recorded by the registrar in
the order in time in which they are produced to him for that purpose, and the
registrar shall by memorandum under his hand notify on each mortgage that it
has been recorded by him stating the day and hour of that record.
39. Entry if discharge of mortgage. Where a registered mortgage is discharge, the
registrar shall, on the production of the mortgage deed, with a receipt for the
mortgage money endorsed thereon, duly signed and attested, make an entry in the
register book to the effect that the mortgage has been discharged, and on that
entry being made the estate if any, which passed to the mortgages shall vest in
the person in whom (having regard to intervening acts and circumstances, if
any), it would have vested, if the mortgage had not been made.
40. Priority of mortgage. If there are more mortgages than one registered in
respect of the same ship or share, the mortgagees shall, notwithstanding any
express, implied, or constructive notice, have priority according to the date
at which each mortgage is recorded in the register book and not according to
the date of each mortgage itself.
41. Mortgagees not treated as owner. Except as far as may be necessary for making a
mortgaged ship or share available as a security for the mortgage debt, the
mortgagee shall not, by reason of the mortgage, be deemed the owner of the ship
or share nor shall the mortgagor be deemed to have ceased to be the owner
thereof.
42. Mortgages to have power of sale. Every registered mortgagee shall have power if the
mortgage money or any part of it is due or if there is any material breach of
the security instrument by mortgagor to sell the ship or share in respect of
which he is registered, and to give effectual receipts for the purchase money;
but where there are more persons than one registered as mortgagees of the same
ship or share, a subsequent mortgage shall not, except under the order of a
Court of competent jurisdiction, sell the ship or share without the concurrence
of every prior mortgagee.
43. Mortgage not affected by bankruptey. A registered mortgage of a ship or share shall not be
affected by any act of bankruptey committed by the mortgagor after the date of
the record of the mortgage notwithstanding that the mortgagor at the
commencement of his bankruptey had the ship or share in his possession, order,
or disposition, or was the reputed owner thereof, and the mortgage shall be
preferred to any right, claim, or interest therein of the other creditors of
the bankrupt or any trustee or assignee on their behalf.
44. transfer of mortgages. A registered mortgage of a ship or share may be
transferred to any person and the instrument effecting the transfer shall be in
the prescribed form or as near thereto as circumstances permit, and on the
production of such instrument the registrar shall record it by entering in the
register book the name of the transferees as mortgages of the ship or share,
and shall by memorandum under his hand notify on the instrument of transfer
that it has been recorded by him stating the day and hour of the record.
45. Transmission of in mortgage by death, bankruptey
or marriage, etc. (1) Where the
interest of a mortgagee in a ship or share is transmitted on marriage, death,
or bankruptey, or by any lawful means, other than by a transfer under this
Ordinance, the transmission shall be authenticated by a declaration of the
person to whom the interest is transmitted, containing a statement of the
manner in which and the person to whom the property has been transmitted, and
shall be accompanied by the like evidence as is by this Ordinance required in
case of a corresponding transmission of the ownership of a ship or share.
(2) The registrar, on the receipt of the declaration
and the production of the evidence, shall enter the name of the person entitled
under the transmission in the register book as mortgagee of the ship or share.
46. Powers of mortgage and sale. A registered owner, if desirous by way of mortgage or
sale of the ship or share in respect which he is registered at any place out of
the country in which the port of registry of the ship is situated, may apply to
the registrar, and the registrar shall thereupon enable him to do so by
granting a certificate of mortgage or a certificate of sale.
47. Requisites for certificates of mortgage and sale. Before a certificate of mortgage or sale is granted,
the applicant shall state to the registrar, and the registrar shall enter in
the register book, the following particulars, namely:---
(a) The name of the person by whom the power mentioned
in the certificate is to be exercised, and in the case of a mortgage the
maximum amount of charge to be created if it is intended to fix any such
maximum; and in the case of a sale the minimum price at which a sale is to be
made if it is intended to fix any such minimum;
(b) the place where the power is to be exercised, or
if no place is specified, a declaration that it may be exercised anywhere,
subject to the provisions of this Ordinance; and
(c) the limit of time within which the power may be
exercised.
48. Restrictions on certificates of mortgage and sale. A Certificate of mortgage or sale shall not be
granted so as to authorise any mortgage or sale to be made and if the port of
registry of the ship is situated in Pakistan, at any place within Pakistan or
if the port of registry is established outside Pakistan, by order under this
Ordinance, at that port, or within such adjoining are as is specified in the
order; or by any person not named in the certificate.
49. Power of the Federal Government in case of loss of
certificate of mortgage or sale. On
proof at any time to the satisfaction of the Federal Government that a
certificate of mortgage or sale is lost or destroyed, or so obliterated to be
useless, and that the power thereby given have never been exercised, or if they
have been exercised, then on proof of the several matters and things that have
been done there under, the registrar may, with the sanction of the Federal
Government either issue a new certificate, or direct such entries be made in
the register books, or such other things be done as might have been made or
done as if the loss, destruction, or obliteration had not taken place.
50. Revocation of certificates of mortgage and sale. (1) A registered owner of any ship or share therein in
respect of which a certificate of mortgage or sale has been granted specifying
the places where the power thereby given is to be exercised, may, by an
instrument under his hand, authorize the registrar by whom the certificate was
granted to give notice to the registrar or Pakistan consular officer at every
such place that the certificate is revoked.
(2) Notice shall thereupon be given accordingly and
shall be recorded by the registrar or Pakistan consular officer receiving it,
and after it is recorded the certificate shall be deemed to be revoked and of
no effect so far as respects any mortgage or sale to be thereafter made at that
place.
(3) The notice, after it has been recorded, shall be
exhibited to every person applying for the purpose of effecting or obtaining a
mortgage or transfer under the certificate.
(4) A registrar or
51. Registry of alterations, registry anew and
transfer of registry. (1) When a
registered ship is so altered as not to correspond with the particulars
relating to her tonnage or description contained in the register book, then, if
the alteration is made at any port having a registrar, that registrar, or if it
is made elsewhere, the registrar of the first port having a registrar at which
the ship arrives after the alteration, shall, on application being made to him
and on receipt of a certificate from the proper surveyor stating the
particulars of the alteration, either cause the alteration to be registered or
direct that the ship be registered anew.
(2) On failure to register a new ship or to register
an alteration of a ship so altered as aforesaid, that ship shall be deemed not
duly registered and shall not be recognised as a
52. Provisional certificate and endorsement. (1) When any registrar not being the registrar of the
ship’s port of registry. On an application as to an alteration in a ship
directs the ship to be registered anew, he shall either grant a provisional
certificate, describing the ship as altered, or provisionally endorse the
particulars of the alteration on the existing certificate.
(2) Every such provisional certificate or certificate
provisionally endorsed, shall within ten days after the first subsequent
arrival of the ship at her port of discharge in Pakistan, at her port of
discharge in or, if she is registered at a port of registry established outside
Pakistan under this Ordinance, at that port, be delivered up to the registrar
thereof, and that registrar shall cause the ship to be registered anew.
(3) The registrar granting a provisional certificate
under this section or provisionally endorsing a certificate shall add to the
certificate or endorsement a statement that the same is made provisionally, and
shall send a report of the particulars of the case to the registrar of the
ship’s port of registry, containing a similar statement as the certificate or
endorsement.
53. Registry anew on change of ownership. Where the ownership of any ship is changed the
registrar of the port at which the ship is registered may, on the application
of the owners of the ship, register the ship anew although registration anew is
not required under this Ordinance.
54. Restrictions on re-registration of abandoned
ships. Where a ship has ceased to be
registered as a Pakistani ship by reason of having been wrecked or abandoned,
or for any reason other than capture by the enemy or transferred to a person
not qualified to own a Pakistani ship, the ship shall not be re-registered
until she has at the expense of the applicant for registration, been surveyed
by a surveyor and certified by him to be seaworthy.
55. Provision for cases of infancy or other
incapacity. where by reason of
infancy, lunacy, or any other cause any person interested in any ship or any
share therein, is incapable of making any declaration or doing anything
required or permitted by this Ordinance to be made or done in connection with
the registry of the ship or share, the guardian or committee, if any, of that
person or, if there is none, any person appointed on application made on behalf
of the incapable person, or of any other person interested, to any Court having
jurisdiction in respect of the property of such persons, may make such
declaration or a declaration as nearly corresponding on behalf of the incapable
person; and all acts done by the substitute shall be as effectual as if done by
the person for whom he is substituted.
56. Equities not included by Ordinance. The expression “beneficial interest”, where used in
this part of this Ordinance, includes interests arising under a contract and
other equitable interests; and it is hereby declared that without prejudice to
the powers of disposition and of giving receipts conferred by this Ordinance on
registered owners and mortgagees and without prejudice to the provisions of
this Ordinance relating to the exclusion of unqualified persons from the
ownership of Pakistani ships, interests arising under contract or other
equitable interests may be enforced by or against owners and mortgagees of
ships in respect of their interest therein the same manner as in respect of any
other personal property.
57. Liability of owners. Where any person is beneficially interested otherwise
than by way of mortgage in any ship or share in a ship registered in the name
of some other person as owner, the person so interested shall, as well as the
registered owner, be subject to all pecuniary penalties imposed by this or any
other Ordinance on the owners of ships or shares therein, so nevertheless that
proceedings may be taken for the enforcement of any such penalties against both
or either of the aforesaid parties with or without joining the other of them.
58. Ship’s managing owner or manger to be registered. (1) The name and address of the managing owner, for
the time being of every ship registered at a port in
(2) Where there is no managing owner there shall be so
registered the name of the ship’s husband or other person to whom the
management of the ship is entrusted by or on behalf of the owner; and person
whose name is so registered shall, for the purposes of this Ordinance, be under
the same obligations and subject to the same liabilities as if he were the
managing owner.
(3) If default is made complying with this section the
owner shall be liable, or if there are more owners than one each owner shall be
liable in proportion to his interest in the ship, to a fine which may extend to
fifty thousand rupees each time the ship leaves any port in Pakistan.
59. Forgery of documents. If any person forges, or fraudulently alters, or
assists in forging or fraudulently altering, or procures to be forget or
fraudulently altered, any of the following documents, namely, any register
book, builder’s certificate, surveyor’s certificate, certificate of registry,
declaration of bill of sale, instrument of mortgage, or certificate of mortgage
or sale under this Part of this Ordinance, or any entry or endorsement required
by this Part of this Ordinance to be made in or on any of those documents, that
person shall in respect of each offence by punishable with imprisonment which
shall not be less than three months and with fine which may extend to five
hundred thousand rupees.
60. False declaration. (1) If any person in the case of any declaration made
in the presence of or produced to a registrar under this Part or in any
document or other evidence produced to such registrar,---
(a) willfully makes, or assists in making, or procures
to be made any false statement concerning the title to or ownership of, or the
interest existing in any ship, or any share in a ship; or
(b) utters, produces, or makes use of any declaration
or document containing any such false statement knowing the same to be false,
shall, in respect of each offence, be liable to a fine which may extend to
fifty thousand rupees.
(2) If any person wilfully makes a false declaration
touching the qualification of himself, or of any other person or of any
corporation to own a Pakistani ship or any share therein, he shall, for each
offence, be liable to a fine which may extend to fifty thousand rupees and the
ship or share shall be liable to forfeiture to the extend of the interest
therein of the declarant unless it is proved that the declaration was made
without authority of any person or corporation on whose behalf the declaration
is made.
61. National character of ship to be declared before
clearance. (1) An officer of customs,
or appropriate designated authority for this purpose, shall not grant a
clearance or transpire for any ship until the master of such ship has declared
to that officer the name of the country to which he claims that she belongs,
and that officer shall thereupon inscribe that name on the clearance or
transpire.
(2) If a ship attempts to proceed to sea without such
clearance or transpire, she may be detained until the declaration is made.
62. Penalty for concealment of
63. Penalty for acquiring ownership if unqualified. If an unqualified person acquires as owner, otherwise
than be such transmission as here in before provided, any interest either legal
or beneficial in a ship using a Pakistani flag and assuming the Pakistani
character, that interest shall be liable to forfeiture.
64. Liabilities of ships not recognized as
65. National colours for ships. (1) The Federal Government may, by notification in the
official Gazette, declare the proper national colours for Pakistani ships.
(2) If any distinctive colours, other than those
declared under sub-section (1), are hoisted on board any Pakistani ship the
owner of the ship, unless he proves that they were hoisted without his
knowledge or consent, the master of the ship and every person hoisting such
colours shall be liable to a fine which may extend to ten thousand rupees.
(3) Any commissioned officer of the Pakistan Navy,
Principal Officer, any Customs Collector, or any
66. Penalty for unduly assuming
(2) In any proceeding for enforcing any such
forfeiture the burden of proving a title to use the Pakistani flag and assume
the Pakistani national character shall lie upon the person using and assuming
the same.
67. Pakistani ships to hoist proper national colours
in certain cases. (1) A Pakistani
ship shall hoist the proper national colours,---
(a) On a signal being made to her by any vessel of the
Pakistan Navy;
(b) on entering or leaving any foreign port; and
(c) if the net tonage is fifty or more, on entering or
leaving any Pakistani port.
(2) The master of a ship in respect of which the provisions
of sub-section (1) are not complied with, shall be liable to a fine which may
extend to ten thousand rupees.
68. Saving for
69. Recognition of tonnage measurement of ships of
foreign country. (1) Whenever it
appears to the Federal Government that the tonnage regulations applicable in a
foreign country are equivalent to those adopted under this Ordinance, the
Federal Government may order that the ships of that country shall, without
being re-measured in Pakistan, be deemed to be of the tonnage denoted in their
certificates of registry or other national papers, in the same manner, to the
same extent, and for the same purposes as the tonnage denoted in the
certificate of registry, of a Pakistani ship and any space shown by the
certificate of registry, or other national papers of any such ships as deducted
from the tonnage shall, where a similar deduction in the case of Pakistani ship
depends on compliance with any conditions or on the compliance being evidenced
in any manner, be deemed to comply with those conditions, and to be so
evidenced, unless a surveyor of ships certificates to the Federal Government
that the construction and the equipment of the ship as respects that space do
not come up to the standard which would be required if the ship were a
Pakistani ship registered in Pakistan.
(2) The Federal Government may limit the time during
which the order shall remain in operation and make the order subject to such
conditions and qualifications, if any, as it may deem expedient.
(3) If it is made to appear to the Federal Government
that the tonnage of any foreign ship as measured by the rules of the country,
to which she belongs, materially differs from the which would be here tonnage
if measured under rules applicable in Pakistan, the Federal Government may
order that notwithstanding any order for the time being in force under this section
any of the ships of that country may, for all or any of the purposes of this
Ordinance, be re-measured in accordance with rules applicable in Pakistan.
70. Space occupied by deck cargo to liable to dues. (1) If any Pakistani or foreign ship other than a
home-trade ship carries as deck cargo to be liable to dues. (1) If any
Pakistani or foreign ship other than a home-trade ship carries as deck cargo,
that is to say, in any uncovered space upon deck or in any covered space not
included in the cubical contents contents forming the ship’s registered tonnage
shall be payable as if there were added to the ship’s registered tonnage the
tonnage of the space occupied by those goods at the time at which the dues
become payable.
(2) The space so occupied shall be deemed to be the
space limited by the area occupied by the goods and by the goods and by
straight lines enclosing a rectangular space sufficient to include the goods.
(3) The tonnage of the space shall be declared by the
Master, and if misdeclared be ascertained by an officer of the Mercantile
Marine Department or of Customs in manner directed and when so ascertained
shall be entered by him in a memorandum which he shall deliver to the master
and the master shall, when the said dues are demanded, produce that memorandum
in like manner as if it were the certificate of registry, or in the case of a
foreign ship, the document equivalent to a certificate of registry, and in
default shall be liable to the same penalty as if he had failed to produce the
said certificate or document.
(4) Nothing in this section shall apply to any ship
employed exclusively in trading or going from place to place in any river or
inland water of
71. Surveyors and regulations for measurement of
ships. All duties in relation to the
survey and measurement of ships shall be performed by surveyors of ships in the
prescribed manner.
72. Levy of tonnage rates under local laws on the
registered tonnage. Any persons
having powers to levy tonnage rates on ships may, if they think fit, with the
consent of the Federal Government, levy those tonnage regulations adopted in
Pakistan, notwithstanding that any local law under which those rates are levied
provides for levying the same upon some different system of tonnage
measurement.
73. Close of registry. The owner of registered ship may sell, dispose of or
dismantle the ship by following the prescribed procedure for closing the
registry otherwise he shall be liable to a fine which may extend to one hundred
thousand rupees.
74. Powers to make rules in respect of matters in this
Part. (1) The Federal Government may,
by notification in the official Gazette, make rules to carry out the purpose 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 manner in which the tonnage of any ship shall be ascertained, whether
for the purpose of registration or otherwise including the mode of measurement;
(b) the recognition for the purpose of ascertaining
the tonnage of any ship or for any other purpose, of any tonnage certificate
granted in respect of any ship in other country, not being a country with which
Pakistan has entered into an agreement in this behalf, including the conditions
and restrictions subject to which such recognition may be granted.
(c) the manner in which the surveys of ships shall be
conducted and the form of certificates to be issued by a surveyor;
(d) the manner in which ships shall be marked;
(e) the form in which any document or instrument
required by or under this Part to be prepared or executed and the particulars
which it should contain;
(f) the persons by whom and authorities before which
any declaration required by this Part shall be made, and the circumstances in
which any such declaration may be waived and other evidence accepted;
(g) the returns that shall be made by registrars to
the federal Government or to such other authority as the Federal Government may
appoint and the form in which and the intervals at which such returns shall be
made;
(h) the procedure for registration, marking, naming or
alteration of the names of Pakistani ships;
(i) the fees that may be levied and the actual
expenses, if any, incurred by Federal Government in the performance of its
functions under this part and the manner in which such fees and expenses shall
be collected or recovered;
(j) the manner in which registrars and other
authorities may exercise their powers under this part or maintain the register
book and other books and registers;
(k) the manner in which ships belonging to Federal
Government to which the provisions of this part may be made applicable; and
(l) any other matter which may be or is to be
prescribed.
PART III
COASTAL SHIPPING
CHAPTER 5.
CONTROL OF SHIPPING
75. Application. This Part applies only to such sea-going ships propelled by mechanical
power as are not less than one hundred and fifty tons gross or of such other
tonnage as the Federal Government may, by notification in the official Gazette,
fix.
76. International shipping operators. (1) All Pakistani shipping operators shall, subject to
the provisions of Section 79, be entitled to participate in the coastal
shipping.
(2) The Federal Government may exclude or restrict
operators from countries, to be specified in the official Gazette, to
participate in the coastal shipping to, and from,
77. Government cargo. The carriage of Government cargo between a foreign and
Pakistani port and vice versa may be reserved for Pakistani shipping operators
provided Pakistani ships operate from such ports.
78. Requirements for participation in coasted
shipping. (1) Pakistani shipping
operators, wishing to participate in the coastal shipping, registered as such
with the Federal Government.
(2) A foreign shipping operator, wishing to
participate in the coastal shipping, shall be adequately insured against all
professional liabilities and have an agent in
79. Power to fix shipping rates. (1) The Federal Government may, by order published in
the Official Gazette, fix in the prescribed manner, the rates at which any
Pakistani ship may be hired and the rates which may be charged for the carriage
of passengers or cargo by any ship engaged in the coasting trade of
(2) If the Federal Government considers that with a
view to enabling it to fix the rates under sub-section (1) it is necessary or
expedient so to do, it may constitute a Shipping Rates Advisory Board in the
prescribed manner for the purpose of advising it; and such Board may be
constituted either generally or for a particular case or route or in respect of
rates for the carriage of passengers or cargo or both.
(3) Where an order fixing the rates to be charged for
hire or for the carriage of passengers or cargo has been published under
sub-section (1) no owner, master or agent of a ship shall charge rates in
excess of the rates so fixed.
(4) The Federal Government may determine a period to
be observed between the notification and change which may be different for
different shipping services.
(5) The power to make rules conferred by sub-section
(1) shall, except on the first occasion of the exercise thereof, be subject to
the conditions of previous publication.
80. Duty to notify tariffs and other transport
conditions. A shipping operator in
the coastal shipping shall notify at request freight rates and other transport
conditions to the representative shippers’ organizations.
81. Duty to provide conference agreement. The shipping operators in the coastal shipping who
operate within the framework of a liner conference, shall provide the Federal
Government with a copy of the liner conference agreement as soon as possible
after it has been concluded or amended.
82. Power to disapprove conference agreement. (1) The Federal Government may disapprove a liner
conference agreement or clauses therein, if,---
(a) the agreement or clauses therein contravene
obligations contained in Sections 76 or 77;
(b) the agreement has not been provided in accordance
with Section 81;
(c) the agreement or clauses therein are not in
accordance with obligations contained in international agreements to which the
Federal Government is a party; and
(d) the agreement provides for such high rates for the
carrying out of the liner service as to seriously jeopardize the interests of
the shippers.
(2) The Federal Government shall notify its decision
in writing to the shipping operators and the representative shippers’
organizations involved stating the grounds for disapproval.
(3) If the Federal Government has disapproved the
provisions of any agreement relating to freight rates or other transport
conditions, the previous freight rates or conditions shall apply to the
agreement.
83. Prohibition on compliance with disapproved
agreement. As soon as the Federal
Government has notified disapproval of an agreement, or any part thereof, in
accordance with sub-section (2) of Section 82, the parties shall not comply
with the agreement or, as the case may be the disapproved part thereof.
84. Prohibition to contravene cargo sharing measures. No person shall transport cargo, provide sailing or
use ships of tonnage in contravention of rules made under this Ordinance.
85. Representative Organizations. For the purposes of this Ordinance, the Federal
Government may, by notification in Official Gazette, designate representative
organizations of ship owners and shippers.
86. Power to call for information. (1) The Shipping Authority may, by notice served
personally or by post, require the master, owner or agent of any ship to
furnish, within the period specified in the notice, information regarding any
of the following matters, namely:---
(a) The classes of passengers and cargo which the ship
si about to carry or is capable of carrying or has carried during any period
specified in this behalf in the notice; and
(b) any other matter which may be prescribed.
87. Power of Shipping Authority to enter ship. Where, the Shipping Authority is of opinion that
directions given under this Ordinance are not being complied with, it may enter
or authorize any other person to enter on board any ship and require relevant
documents for examination.
88. Penalty. If
any person, on whom a notice has been served under Section 86, fails to furnish
the information required within the specified time or in furnishing such
information makes any statement which he knows to be false in any material
particular, shall be liable to imprisonment which shall not be less than three
months and fine which may extend to five hundred thousand rupees.
89. Power to make rules. (1) The Federal Government may, by notification in
the official Gazette, make rules for carrying 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 manner in which rates shall be fixed under
sub-section (1) Section 79;
(b) the Constitution and functions of the Board
constituted under sub-section (2) of Section 79 and the procedure for discharge
of its functions;
(c) the matters regarding which information may be
required to be furnished under Section 86;
(d) the procedure for determining minimum or maximum
number of sailing per year,
(e) the determination of number and type of ships and
the amount of tonnage to be used;
(f) the description of government cargo;
(g) cargo sharing and recognition of national shipping
line;
(h) the freight rates for the carriage of Government
cargo; and
(i) any other matter which may or is to be prescribed.
PART IV
MANNING OF SHIP
CHAPTER 6.
CERTIFICATION OF COMPETENCY
90. Application. This part applies only to sea-going ships propelled by electricity or
other mechanical power.
91. Ships to be provided with certificated officers. (1) Every Pakistani ship when going to sea from any
port or place shall be provided with minimum number of duly certificated
officers and ratings for various categories of ships as may be prescribed by
the Federal Government.
(2) The Federal Government may, by order, exempt,
subject to such terms and conditions as-it may think fit to impose, any ship or
class of ship from any of the manning requirements as set out under sub-section
(1).
(3) Nothing in this section which relates to engineers
shall apply to any ship to which the provisions of the Inland Mechanically
Propelled Vessels Act, 1917 (I of 1917), apply as long as such ship is employed
on voyages confined to ports or places within the same province.
(4) If any person,---
(a) having been engaged as one of the officers
mentioned in sub-section (1) goes to sea as such officer without being duly
certificated or, as the case may be, approved, or
(b) employs a person as an officer without
ascertaining the at the person so employed is duly certificated or, as the case
may be approved: shall, for each offence, be liable to fine which may extend to
fifty thousand rupees.
92. When officers or ratings deems to be certificated.
(1) Subject to the provisions of
Section 100, an officer or rating shall not be deemed duly certificate under
this Ordinance unless he holds a certificate of a grade appropriate to his
station in the ship or of a higher grade granted or deemed to have been so
granted in accordance with this Ordinance.
(2) The Federal Government may, if it considers ‘necessary
or expedient so to do, permit, by order in writing, any person, not being a
person otherwise duly certificate who satisfies the prescribed requirements, to
act in a capacity higher than that for which he is so certificate, and a person
capacity for so long as the order remains in force, but nothing herein shall
permit anyone to act as a master unless he holds class Master Mariner
Certificate or a certificate of lower grade with suitable endorsements
appropriate for the class of ships or as Chief engineer required under this
Ordinance to hold a certificate not lower than Class I Chief Engineer
Certificate.
93. Grades of certificates of competency. (1) Certificates of competency and other certificates
including endorsements to the qualified officers of any description or
qualified seamen of any description shall be granted in accordance with this
Ordinance for each of the following grades, namely:---
(a) Master of foreign-going ship or certificate of
competency (Deck Officer) Class I master Marine;
(b) first Mate of foreign-going ship or certificate of
competency (Deck Officer) class II;
(c) second Mate of foreign-going ship or certificate
of competency (Deck Officer) class III;
(d) certificate of competency (Deck Officer) class IV;
(e) first class engineer or certificate of competency
(Chief Engineer Officer) class I;
(f) second class engineer or certificate of competency
(second Engineer Officer) class II;
(g) certificate of competency (Marine Engineer
Officer) class III;
(h) certificate of competency (Marine Engineer
Officer) class IV.
(i) master home trade endorsement;
(j) master coastal trade endorsement;
(k) tug master endorsement;
(l) certificate of qualification as master of a
foreign-going tug;
(m) skipper;
(n) chief engineer officer endorsement;
(o) dangerous cargoes such as crude liquid petroleum
or petroleum products or liquid chemical or liquefied gases endorsement; and
(p) certificate or endorsements to seaman as required
by the international conventions from time to time.
(2) Certificates of competency specified in clauses
(b), (c) and (d) of sub-section (1) may be endorsed in accordance with this
Ordinance for all or any of the following, namely,---
(a) master (home trade);
(b) master (coasting ship); or
(c) tug master; and
(d) certificates of competency specified in clauses
(f), (g) and (h) of sub-section (1) may be endorsed in accordance with this
Ordinance for Chief Engineer Officer endorsement.
(3) A certificate of competency granted for the grade
of engineer officer shall state whether it entitles the holder to act as
engineer of ships fitted with steam engines or of ships fitted with any other
type of engines, or of ships fitted with any other type of engines, and the
holder shall not be entitled to act as engineer of a ship fitted with a type of
engine not stated in the certificate.
(4) A certificate of competency (Deck Officer) class I
shall entitle the lawful holder thereof to go to sea as a master in any class
of ship and a certificate of competency suitably endorsed for master (home trade)
shall entitle the lawful holder thereof to go to sea in corresponding grade in
a coasting ship.
(5) If it appears to the Federal Government that
certificates of competency for grades other than those set out in sub-section
(1) may be granted, it may, by notification in the official Gazette, specify
the other grades in respect of which certificates of competency may be granted.
94. Examinations for certificates. The federal Government, or a person duly authorized by
it in this behalf, shall appoint persons for the purpose of examining the
qualifications of persons desirous of obtaining certificates of competency or
endorsements under this Ordinance.
95. Grant of certificates on passing examination. The Federal Government or any person authorised by it
under Section 94, shall grant to every applicant, who is duly reported by the
examiners to have passed the examination satisfactorily and to have passed the
examination satisfactory and to have given satisfactory evidence of his
sobriety, experience and ability and general good conduct on board ship, such
certificate of competency and appropriate endorsements as the case requires:---
Provided that the Federal Government may, in any case
in which it has reason to believe that the report has been unduly made,
require, before granting a certificate, a re-examination of the applicant or a
further inquiry into his testimonials and character.
96. Certificate of competency for Naval Officers. Subject to rules made under Section 105 of this
Ordinance a person, not being in Pakistan Naval reserve,---
(a) who has attained the rank of Lieutenant Commander
in the Executive Branch of the Pakistan Navy and has completed not less than
three and a half years watch-keeping service actually at sea may be granted a
certificate of competency (Deck Officer) class I;
(b) who has attained the rank of Lieutenant Commander
or Lieutenant in the engineering branch of the Pakistan Navy and has complete,
if a Lieutenant Commander not less than three and a half years, and if a
Lieutenant not less than twenty-one months’ watch-keeping service at sea, may
be granted a certificate of competency (Engineer Officer) Class I and Class II
respectively.
97. Form of certificates. Every certificate of competency granted under this
Ordinance shallm be in the prescribed form and shall be made in duplicate, and
one copy shall be delivered to the person entitled to the certificate and the
other shall be kept by the Federal Government and recorded in the prescribed
manner.
98. Record of orders affecting certificates. A note of all orders made under this Ordinance for
suspending, canceling, altering or otherwise affecting any certificate of
competency shall be entered on the copy of the certificate kept by the Federal
Government.
99. Loss of certificate. Whenever a master, mate, or engineer proves to the
satisfaction of the Federal Government that he has, without any fault on his
part, lost or been deprived of a certificate of competency granted to him under
this Ordinance, the Federal Government shall, on payment of the prescribed fee,
if any, cause a copy of the certificate, to which by the record kept in
accordance with this Ordinance he appears to be entitled, to be granted to him,
and such copy shall have all the effect of the original.
100. Recognition of certificates of competency granted
in other countries. Where the law in
force in a foreign country provides for the examination of, and grant of
certificates of competency to, persons intending to act as masters, mates or
engineers on board ships, and the Federal Government is satisfied that,---
(a) the examinations are so conducted as to be equally
efficient with the examinations are so conducted as to be equally efficient
with the examinations for the same purpose in Pakistan under this Ordinance;
(b) the certificates are granted on such principles as
to show the like qualifications and competency as those granted under this
Ordinance;
(c) the certificates are liable to be cancelled or
suspended for like reasons and in like manner as those granted under this
Ordinance; and
(d) the certificates granted under this Ordinance are
accepted or recognised in that foreign country as equivalent to the
corresponding certificates granted under the law of that country, the Federal
Government may, by notification in the official gazette, declare that any
certificate of competency granted under the laws in that foreign country and
specified in notification, shall, subject to such conditions, if any, as the
Federal Government may think fit to impose, be recognised as equivalent to the
corresponding certificates of competency granted under this Ordinance shall
apply to such certificates.
101. Restriction on employment of aliens. Notwithstanding the provisions of Section 100, no
person, who is not for the time being a citizen of Pakistan, shall be employed
to act as master, mate or engineer of any Pakistani ship except with the
previous permission in writing of the Federal Government and in giving such
permission the Federal Government may impose such conditions as to duration of
employment or otherwise as it may think fit.
102. Production of certificates and other documents of
qualifications. Any person serving or
engaged to serve in any ship to which this section applies and holding any
certificate or other document which is evidence that he is qualified for the
purposes of this Ordinance, shall on demand produce it to any shipping master,
surveyor or proper officer, and if he is not himself the master, to the master
of the ship; and if he fails to do so without reasonable cause he shall be
liable on summary conviction to a fine which may extend to ten thousand rupees.
103. Power to cancel or suspend certificates. If it appears to the Federal Government that the
holder of a certificate of competency granted under this Ordinance has obtained
it on false or erroneous information, it may, without prejudice to any other
penalty to which such holder may be liable, cancel or suspend such certificate:---
Provided that no order under this section shall be
passed by the Federal Government unless the person concerned has been given an
opportunity of making a representation against the proposed order.
104. Penalty. If
any person,---
(a) forges or fraudulently alters, or assists in
forgoing or fraudulently altering, or procures to be forged or fraudulently
altered, any certificate of competency or an official copy of any such
certificate; or
(b) makes, assists in making, or procures to be made
any false representation for the purpose of procuring either for himself or for
any other person a certificate of competency; or
(c) fraudulently uses a certificate of competency, or
a copy thereof, which has been forged, altered, cancelled or suspended, or to
which he is not entitled; or
(d) fraudulently lends his certificate of competency
or allows it to be used by any other person:---
he shall, for each offence, be punishable with
imprisonment which shall not be less than three months and fine which may
extend to five hundred thousand rupees.
105. Power to make rules as to grant of certificates
of competency. The Federal Government
may, by notification in the official Gazette, make rules to regulate the grant
of certificates of competency and the endorsements thereon under this Ordinance
and may be such rules,---
(a) provide for the conduct of the examination of
persons desirous of obtaining certificates of competency as masters, mates,
engineers, ratings and the endorsements thereon;
(b) prescribe the qualifications required of persons
for the grant of certificates of competency and the endorsements thereon;
(c) fix the fees to be paid by applicants for
examinations or for the issue of duplicate certificates;
(d) prescribe the form of such certificates and the
manner in which copies thereof are to be kept and recorded; and
(e) any other matter which it is necessary to
prescribe.
CHAPTER 7.
APPRENTICESHIP TO SEA SERVICE
106. Assistance for apprenticeship to sea service. All Shipping Masters shall give to persons desirous
apprenticing boys not under seventeen years of age for training to the sea
service or requiring apprentices not under that age for the sea service, such
assistance as may be in their power, and may receive from those persons such
fees as may be prescribed.
107. Special provisions as to apprenticeship to sea
service. (1) The apprenticeship of
any boy to the sea service shall be by contract in writing between the
apprentice or, if he is a minor, his guardian on his behalf, and the persons
taking the apprentice.
(2) Every contract under sub-section (1) shall be
executed in duplicate in such form and in such manner as may be prescribed.
(3) Every such contract made in Pakistan and every
assignment or cancellation thereof, and where the apprentice bound deserts or
dies the fact of the desertion or death shall be recorded in the manner
provided in Section 108.
108. Manner in which contract, etc. is to be recorded. (1) The person to whom an apprentice to the sea
service is bound for the purpose of the record, shall,---
(a) transmit to the Shipping-Master both copies of the
contract within seven days of the execution thereof and the Shipping Master
shall record one copy and endorse the fact that it has been so recorded on the
other and return the same to such person; and
(b) notify to the Shipping Master and assignment or
cancellation of the contract and the desertion or death of the apprentice,
within seven days of its occurrence, if it occurs within Pakistan, or as soon
as circumstances permit, if it occurs elsewhere.
(2) If any person fails to comply with any of the
requirements of sub-section (1), he shall, for each offence, be liable to a
fine which may extend to five thousand rupees.
109. Production of contract to persons before voyage
in ship. (1) the master of a ship
shall, before carrying an apprentice to sea from a port or place in Pakistan, cause
the apprentice to appear before the Shipping Master before whom the crew are
engaged, and shall produce to him contract by which the apprentice is bound and
every assignment thereof.
(2) The name of the apprentice, with the date of the
contract and of the assignments thereof, if any, and the names of the ports at
which the same have been registered shall be entered on the agreement with the
crew.
(3) If a master fails, without reasonable cause, to
comply with any of the requirements of this section, he shall, for each
offence, be liable to a fine which may extend to five thousand rupees.
CHAPTER 8.
EMPLOYMENT OF YOUNG PERSONS
110. Employment of young persons. No person under fifteen years of age shall be engaged
or carried to sea to work in any capacity in any ship except,---
(a) in a school ship, or training ship in accordance
with the prescribed conditions;
(b) in a ship in which all persons employed are
members of one family; or
(c) where such person is to be employed on nominal
wages and shall be under the protection of his father or other adult near male
relative.
111. Engagement of young persons as trimmer or stoker.
(1) Save as otherwise provided in
sub-sections (2) and (3), no young person shall be engaged or carried to sea to
work as a trimmer or stoker in any ship.
(2) Sub-section (1) shall not apply,---
(a) to any work of trimming or stoking done by a young
person in a school ship or training ship in accordance with the prescribed
conditions; or
(b) to any work of trimming or stoking done by a young
person in a ship which is mainly propelled otherwise than by steam; or
(c) to the engagement or carrying to sea of a young
person over sixteen years of age to work as a trimmer or stoker on a home trade
ship in accordance with the prescribed conditions.
(3) Where in any port a trimmer or stoker is required
for any ship, other than a home trade ship, other than a home trade ship or
coasting ship, and no person over eighteen years of age is available, two young
persons over sixteen years of age may be engaged and carried to sea to do the
work which would otherwise have been done by one person over eighteen years of
age.
(4) There shall be included in every agreement with
the crew in ships to which this section applies a short summary of the
provisions of this section.
112. Medical examination of young persons. (1) Save as otherwise provided in sub-section (2), no
young person shall be engaged or carried to sea to work in any capacity in any
ship unless there has been delivered to the master a certificate granted by a
prescribed authority that the young person is physically fit to be employed in
that capacity.
(2) Sub-section (1) shall not apply,---
(a) to the employment of a young person in a ship in
which all persons employed are members of one family; or
(b) where the Shipping Master, on the ground of
urgency, has authorised a young person to be engaged and carried to sea,
without certificate required by sub-section (1) being delivered to the master,
and young person is not employed beyond the first port at which the ship in
which he is so engaged calls except in accordance with the provisions of
sub-section (1).
(3) A certificate of physical fitness required by
sub-section (1) shall remain in force for two years only from the date on which
its is granted.
(4) The Shipping Master may require the master of any
ship to produce for inspection any medical certificate delivered to him under
sub-section (1).
113. Penalty for false representation by parent or
guardian. If any young person is
engaged to work in any capacity in a ship in contravention of Section 110,
Section 111, or Section 112, on a false representation by his parent or
guardian, or any other person, that the young person is of an age at which such
engagement is not in contravention of any of those sections, such parent or
guardian shall be liable to a fine which may extend to five thousand rupees.
114. Penalty for contravention of Section 110, 111 and
112. If any young person is carried
to sea to work in contravention of Section 110, Section 111 or Section 112 or
if any master refuses or neglects to produce for inspection and certificate of
physical fitness delivered to him, when required so to do, under sub-section
(4) of section 112 he shall, for each such offence, be liable to a fine which
may extend to five thousand rupees.
115. Maintenance of list or register of young persons
in a ship and penalty for failure to maintain or produce for inspection
register of such persons. (1) There
shall be included in every agreement with the crew of every ship whether a
Pakistani ship or not, which engages young persons in Pakistan a list of young
persons who are members of the crew, together with particulars of the dates of
their birth, and, in the case of any ship where there is no agreement, the
master shall maintain a register of young person with particulars of the dates
of their birth and of the dates on which they became or ceased to be members of
the crew.
(2) The shipping Master may required the master of any
ship where there is no such agreement as aforesaid to produce for inspection
the register maintained under sub-section (1).
(3) If any master fails to maintain the register
required to be maintained under sub-section (1), of refuses or neglects to
produce such register for inspection when required so to do under sub-section
(2), he shall, for each offence, be liable to a fine which may extend to five
thousand rupees.
116. Power to make rules. The Federal Government may, by notification in the
official Gazette, make rules prescribing,---
(a) the conditions of employment of young persons, in
any capacity, in school ships and training ships, and the authorities by whom
and the manner in which the inspection of their work shall be carried out;
(b) the conditions of employment of young persons as
trimmers or stokers in home trade ships and coasting ships;
(c) the authorities whose certificates of physical
fitness shall be accepted for the purposes of Section 112; and
(d) the form of the register of young persons to be
maintained in ships where there is no agreement with the crew.
CHAPTER 9.
ENGAGEMENT OF SEAMEN
117. Rules relating to engagement of seaman and
maritime labour. (1) Subject to the
other provisions of this Ordinance, the Federal Government may, by notification
in the official Gazette, make rules regulating the engagement of seamen and
other matters affecting maritime labour generally so far as they relate to
Pakistani ships.
(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 establishment of one or more maritime services
and welfare boards and the Constitution, composition and functions thereof;
(b) the registration of seamen, and the fees to be
charged by the Shipping Master for the issue of registration books and other
forms to them; and
(c) the principles and procedure to be followed by
ship owners in engaging and promoting seamen.
118. Supply of seamen in contravention of this
Ordinance prohibited. (1) A person
shall not engage, supply or employ for the purpose of engaging or supplying a
seaman to be entered on board any Pakistani ship unless that person is the
owner or master of the ship or is bona fide servant and in the constant
employment of owner, or is a shipping Master or Deputy Shipping Master or an
agent licensed under Section 119.
(2) A person shall not receive or accept to be entered
on board any Pakistani ship any seaman if that person knows that the seaman has
been engaged or supplied in contravention of sub-section (1).
(3) If a person contravenes the provisions of
sub-section (1) or sub-section (2) he shall, for each offence, be liable to a
fine which may extend to one hundred thousand rupees.
119. Manning agent. (1) No person shall act in
(2) the Federal Government may, by notification in the
official Gazette, make rules specifying conditions of the manning agent.
120. Seamen to be in possession of seamen’s service book.
(1) No person shall engage any
Pakistani seaman at any port or place in Pakistan except in a coasting ship of
a gross tonnage of less than two hundred so long as such coasting ship is
employed on voyages confined to ports of places within the same Province unless
the seaman is in possession of a seamen’s service book issued in Pakistan by a
Shipping Master in a form as may be prescribed, or a valid Pakistan
International Passport.
(2) If a person engages any seaman in contravention of
sub-section (1), he shall, for each offence, be liable to a fine which may
extend to ten thousand rupees.
121. Loss of seamen’s service book. Whenever a seaman proves to the satisfaction of a
Shipping Master that the continuous discharge certificate issued to him has,
without any fault on his part, been lost, torn or defaced, or that he has
otherwise been deprived of it, the Shipping Master shall, on payment of the
prescribed fee, if any issue to the seaman a copy of the certificate to which
he may be entitled and such copy shall have all the effect of the original.
122. Cancellation of seamen’s service book. (1) Notwithstanding anything contained elsewhere in
this Ordinance, the Shipping Master may suspend, cancel, or confiscate the
seamen’s service book of any seaman who is shown, to the satisfaction of the
Shipping Master, to have deserted his ship or is found guilty of smuggling,
theft, misbehavior or is in breach of agreement or such other offence as may,
in the opinion of the Shipping Master, make him unsuitable for employment on
board a ship.
(2) Any person aggrieved by an order under sub-section
(1) may, within ninety days from the date of receipt of such order, prefer an
appeal to the Federal Government.
(3) An appeal under sub-section (2) shall be preferred
and disposed of in such form and manner as may be prescribed.
123. Certificate of physical fitness. (1) No person shall engage any Pakistani seaman other
than master and officers at any port or place in Pakistan, nor carry to sea nay
such seaman other than Master and officers in any ship officers, are in
possession of a certificate in the prescribed from issued by in the capacity in
which he is to serve.
(2) The Federal Government may make rules for carrying
into effect the provisions of this section and the rules so made may provide
for,---
(a) the standard of physical fitness required of
seamen or different classes of seamen having regard to the age of the seamen
and the nature of duties to be performed by them;
(b) the nature of the medical examination of seamen and
the authority by whom the medical examination shall be conducted;
(c) the form and the contents of the certificates of
physical fitness and the period of their validity; and
(d) the medical authority by whom a seaman who has
been refused a certificate of physical fitness in the first instance may be
re-examined, and the fee payable for such re-examination.
(3) If any person engages or carries any seaman in
contravention of sub-section (1), he shall, for each offence, be liable to a
fine which may extend to ten thousand rupees.
(4) An owner, master or agent may, prior to engaging a
seaman who is in possession of a valid certificate of physical fitness, have
him examined by any registered medical practitioner.
124. Rules relating to safe manning. (1) The Federal Government may, by notification in
the official Gazette, make rules regulating the issuance of minimum safe
manning certificate to ships of any class or type, provided any shortage of the
officers or ratings listed in such certificate owing to unavoidable
circumstances of this Ordinance until the voyage is completed.
(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 rating of seamen other than officers;
(b) the minimum and maximum age limits, qualifications
and experience required for each rating; and
(c) the number of each rating to be carried on board a
ship having regard to her tonnage, mode of propulsion, daily consumption of
fuel, number of passengers she is certified to carry and the life saving
appliances carried thereon.
125. Agreement with crew. (1) The master of every Pakistani ship, except a
coasting ship of a gross tonnage of less than two hundred so long as such
coasting ship is employed on voyages confined to ports or places within the
same Province, shall enter into an agreement in accordance with this Ordinance
with every seaman whom he engages at, and carries to sea as one of his crew
from, any port or place in Pakistan.
(2) The master of a ship who neglects or fails to
enter into an agreement required by sub-section (1) shall, for each offence, be
liable to a fine which may extend to ten thousand rupees.
126. Forms and contents of agreement. (1) An agreement with the crew made under Section 125
shall be in the form approved by the Federal Government, and shall be dated at
the time of the first signature thereof, and shall be signed,---
(a) where the ship is at the port of place of
engagement, by the master before any seaman signs the same; and
(b) where the ship is not at the port or place of
engagement, by the owner or the owner’s agent before the master signs it and by
the master before the seaman is on board.
(2) An agreement with the crew made under Section 125
shall contain as terms thereof the following particulars, namely,---
(a) the name of the ship or ships with the official
number of numbers in which each seaman undertakes to serve;
(b) either the nature and, as far as practicable, the
duration of the intended voyage or engagement, or maximum period of the voyage
or engagement and the places or ports of the world, if any, to which the voyage
or engagement is not to extend;
(c) the time at which each seaman is to be on board or
to being work;
(d) the capacity in which each seaman is to serve;
(e) the amount of wages which each seaman is to
receive;
(f) a scale of the provisions which are to be
furnished to each seaman, such scale being not less than the prescribed scale;
(g) any regulations as to conduct on board and as to
fines, short allowance or provision or other lawful punishments for misconduct,
which have been sanctioned by the Federal Government as regulations proper to
be adopted, and which the parties agree to adopt;
(h) payment of compensation for personal injury or
death caused by accident arising out of or in course of employment;
(i) where it is agreed that the services of any
Pakistani seaman shall end at any port or place outside Pakistan, a stipulation
to provide him either fit employment on board some other ship bound to the port
or place at which he was engaged or to such other port or place in Pakistan as
may be mutually agreed upon, or a passage free of charge to any such port or
place; and
(j) stipulations relating to such other matters as may
be prescribed.
(3) the agreement with the crew made under section 125
shall provide that in the event of a dispute arising outside Pakistan in
respect of any matter touching the agreement, such dispute shall be referred to
the Pakistan consular officer whose decision thereon shall be binding on the
parties until the return of the ship to the port or place in Pakistan at which
the seaman is to be discharged.
(4) The agreement with the crew made under Section 125
shall be so framed as to admit of such stipulations, to be adopted at the will
of the master and seamen in each case respecting the advance of wages or supply
of warm clothing and similar other matters, as are not inconsistent with the
provisions of any law for the time being in force relating to merchant shipping.
(5) If a master enters into an agreement with any
seaman for a scale of provisions less than the prescribed scale he shall, for
each offence, be liable to a fine which may extend to ten thousand rupees.
127. Engagement in
128. Special provisions with regard to agreements with
crew of
(a) The agreement shall, subject to the provisions of
this Ordinance, as to substitute, be signed by each seamen in the presence of a
Shipping Master;
(b) the Shipping Master shall cause the agreement to
be read over and explained to each seaman, in a language understood by him, or
shall otherwise ascertain that each seaman understands the same before he signs
it, and shall attest each signature;
(c) when the crew is first engaged, the agreement
shall be signed in duplicate, and one part shall be retained by the Shipping
Master, and the other part shall be the Shipping Master, and the other part
shall be delivered to the master, and shall contain a special place or form for
the descriptions and signatures of substitutes or persons engaged subsequently
to the first departure of the ship;
(d) When a substitute is engaged in the place of a
seaman who has duly signed the agreement and whose services are lost, within
twenty four hours of the ship’s putting to sea by desertion, death, or other
unforeseen cause, the engagement shall, if practicable, be made before a
Shipping Master, and if not practicable, the master shall, before the ship puts
to sea, if practicable, and, if not, as soon afterwards as possible, cause the
agreement to be read over and explained to the substitute, and the substitute
shall thereupon sign the same in the presence of a witness who shall attest the
signature;
(e) the agreement may be made for a voyage of the ship
or, if the voyages of the ship average less than six months in duration, may,
subject to the provisions of sub-section (2), be made to extend over two or
more voyages; and agreements so made are in this Ordinance referred to as
running agreements;
(f) on every return to a port or place in Pakistan
before the final termination of a running agreement, the master shall discharge
or engage before the Shipping Master at such port or place any seaman whom he
is required by law so to discharge or engage, and shall upon every such return
endorse on the agreement a statement that no such discharges or engagements
have been made or are intended to be made before the ship leaves such port or
place or, as the case may be, that all those made have been made as required by
law; and
(g) the master shall deliver the running agreement so
endorsed to the Shipping Master, and the Shipping Master shall, if the
provisions of this Ordinance relating to agreements have been complied with,
sign the endorsement and return the agreement to the master.
(2) A running agreement shall not extend beyond the
expiration of the period of six months from the date on which it was executed,
or beyond the first arrival of the ship at her port or place of destination in
Pakistan after the expiration of that period, or beyond the discharge of cargo
consequent upon such arrival, whichever of these dates shall be the latest:---
Provided that no such agreement shall continue in
force if, after the expiration of the period of six months from the date on
which it was executed, the ship proceeds on a voyage form a port or place
outside Pakistan to any other such port or place which is not on the direct
route or a customary route to her port or place of destination in Pakistan:---
Provided further that every such agreement shall, in
addition to any other particulars required by law, contain such stipulations,
as the Federal Government may direct, for the discharge of the crew and payment
of their wages for securing their return to the port or place at which they
were shipped or to some other port or place in Pakistan, and for other purpose,
on the termination of the agreement at a port or place outside Pakistan under
the foregoing proviso.
(3) If any master wilfully makes a false statement in
any such endorsement as is referred to in clause (f) of sub-section (1), he
shall, for each offence, be liable to a fine which may extend to ten thousand
rupees.
129. Renewal of running agreements in certain cases. (1) When a running agreement has been made with the
crew of a foreign-going Pakistani ship and the ship arrives after the
expiration of a period of six months from the date on which it was executed at
port or place of destination in Pakistan which is not the port or place at
which the crew have agreed to be discharged, the master may, with the previous
sanction of the Shipping Master, renew the agreement with the crew, or may be
required by the Shipping Master so to renew the agreement for the voyage from
such port or place of destination to the port or place in Pakistan at which the
crew have agreed to be discharged.
(2) If the master of the ship is required by the
Shipping Master to renew the agreement as aforesaid and refuses so to renew it,
any expenses which may be incurred by the Federal Government for the
subsistence of the crew and their conveyance to the port or place at which they
have agreed to be discharged shall be a charge upon the ship, and shall be
recoverable as if they were expenses incurred in respect of distressed seamen
under the provisions of this Ordinance.
130. Special provisions as to agreements with crew of
home trade or coasting ships. (1) The
following provisions shall have effect with respect to the agreements with crew
of home trade ships or coasting ships for which an agreement with the crew is
required under this Ordinance, namely:---
(a) an agreement for service in a home-trade ship or a
coasting ship for which an agreement is required by section 125, not being a
ship engaged exclusively on the work of any harbour, pilotage or local
authority, shall be made for a single ship and the crew engaged before a
Shipping Master as provided in this Ordinance for foreign-going ships; and such
agreement may be made to extend over two or more voyages so that it shall
terminate either within six months of the date on which it was executed or on
the first arrival of the ship at her port or place of destination in Pakistan
after the expiry of that period or on discharge of cargo consequent upon such
arrival, whichever of these dates shall be the latest:
Provided that if such agreement expires while the ship is not in a port or
place in Pakistan, the agreement shall remain in force until the ship is again
in such port or place;
(b) an agreement, if any, for service in coasting ship
for which an agreement is not required by Section 125 shall not extend beyond
the next following the thirtieth day of June or the thirty-first day of
December or the first arrival of the ship at her final port or place of
destination in Pakistan after such date, or the discharge of cargo consequent
on such arrival; and
(c) an agreement for service in two or more coasting
ships belonging to the same owner may be made by the owner instead of by a
master and the provisions of this Ordinance with respect to the making of the
agreement shall apply accordingly.
(2) Notwithstanding anything contained in clause (b)
or clause (c), the owner of two or more coasting ships or his agent may enter
into time agreements in the from sanctioned by the Federal Government with
individual seaman to serve in any one or more such ships belonging to such
owner and such agreements may extend beyond the next following the thirtieth
day of June or the thirty-first day of December.
131. Changes in crew to be reported. (1) The master of every Pakistani ship the crew of
which has been engaged before a Shipping Master shall, before finally leaving
Pakistan, sign and send to the nearest Shipping Master a full and accurate
statement in the form sanctioned by the Federal Government, of every change
which takes place in his crew before finally leaving Pakistan, and that
statement shall be admissible in evidence.
(2) Nothing in sub-section (1) shall be construed as
enabling the master to engage, except in accordance with the other provisions
of this Ordinance, any seaman as an additional member of the crew.
(3) If any master fails without any reasonable cause
to comply with the requirements of sub-section (1), he shall, for each offence,
be liable to a fine which may extend to five thousand rupees.
132. Certificates as to agreements with crew of
foreign going and home trade ships. (1)
In the case of a Pakistani foreign going ship or a Pakistani home trade ship,
on the due execution of an agreement with the crew in accordance with this
Ordinance, and also when, in the case of a Pakistani foreign going ship, the
agreement is a running agreement, on compliance by the master, before the
second and every subsequent voyage made after the first commencement of the
agreement with the provisions of this Ordinance respecting that agreement, the
Shipping Master shall grant the master of the ship a certificate to that
effect.
(2) The master of every such ship as aforesaid shall,
before proceeding to sea, produce that certificate to the Customs Collector
whose duty is to grant a port clearance.
(3) No Customs Collector shall clear any such ship
outwards without production of such certificate; and, if any ship attempts to
go to sea without a clearance, the Customs Collector may detain her until the
certificate is produced.
(4) The master of such ship shall within forty-eight
hours after ship’s arrival at the port or place where the crew is to be discharged,
deliver such agreement to a Shipping Master at that port of place; and the
Shipping Master shall thereupon give to the master a certificate to that
effect; and no Customs Collector shall clear any such ship in wards without the
production of such certificate.
(5) If any master fails, without reasonable cause, to
comply with any of the provisions of the provisions of this section, he shall,
for each offence, be liable to a fine which may extend to five thousand rupees.
133. Certificate as to agreement with care of coasting
ship. (1) The master or owner of a
Pakistani coasting ship for which an agreement with the crew is required under
this Ordinance shall, within twenty-one days after the thirtieth day of June
and the thirty-first day of December in every year, or, if the ship is not at
any port or place in Pakistan within that period, within forty-eight hours of
her next arrival at a port or place in Pakistan, deliver to a Shipping Master
in Pakistan every agreement made within the six months next preceding such days
respectively.
(2) The Shipping Master on receiving such agreement
shall give the master or owner of the ship a certificate to that effect; and no
Customs Collector shall grant a port clearance for any such ship without
production of the certificate, and if any such ship attempts to go to sea
without such clearance, the Customs Collector may detain her until the
certificate is produced.
(3) Any master of owner who fails, without reasonable
cause, to comply with any of the provisions of this section shall, for each
offence, be liable to a fine which may extend to five thousand rupees.
134. Copy of agreement with crew to be made accessible
to the crew. (1) The master shall, at
the commencement of every voyage of engagement, cause a legible copy of the
agreement with the crew and, if necessary, a translation thereof in language
understood by the majority of the crew (omitting the signatures), to be placed
up in such a part of the ship to be accessible to the crew.
(2) Any master who fails, without reasonable cause, to
comply with the provisions of sub-section (1) shall, for each offence, be
liable to a fine which any extend to five thousand rupees.
135. Alteration in agreement with the crew. Every erasure, interlineations or alteration in any agreement
with the crew (except additions made for the purpose of shipping substitutes or
persons engaged subsequently to the first departure of the ship) shall be
wholly inoperative, unless proved to have been made with the consent of all the
persons interested in such erasure, interlineations or alteration by the
written attestation, if made interested in such erasure, interlineations or
alteration by the written attestation, if made in Pakistan, of some Shipping
Master, or, if made elsewhere, of a Pakistan consular officer.
136. List of crew to be furnished to Shipping Master. (1) The master or owner of every Pakistani ship, not
being a ship engaged exclusively on the work of any harbour, pilotage or local
authority, and the master of every ship, other than a Pakistani ship, while in
a port or place in Pakistan, shall make out and sign a list (in this Ordinance
referred to as the list of crew) in such form and containing such particulars
as may be prescribed and different forms may be prescribed for different
classes of ships.
(2) The list of crew relating to a ship, except a
Pakistani coasting ship, shall be delivered to the Shipping Master at the port
or place where the ship happens to be as soon after arrival as possible and
before departure.
(3) The list of crew relating to a Pakistani coasting
ship shall be delivered or transmitted by the master or owner to a Shipping
Master in Pakistan or within twenty-one days after, the thirtieth day of June
and the thirty-first day of December in each year; and the Shipping Master
shall give to such master or owner a certificate of such delivery or
transmission, and any such ship may be detained, and shall not be cleared in
wards by the Customs Collector until the certificate is produce.
(4) Any master or owner who fails, without reasonable
cause, to comply with any of the provisions of this section shall, for each
offence, be liable to a fine which may extend to five thousand rupees.
137. Power to prohibit engagement of specified
138. Power to board ships and muster seamen. (1) For the purpose of preventing seamen from being
taken on board any ship at any port in
(2) If the master or any other person obstructs any
Shipping Master or Deputy Shipping Master in the execution of his duty under
this section, he shall, for each offence, be liable to a fine which may extend
to five thousand rupees.
139. Forged seamen’s service book. If any person who,---
(a) forges any seamen’s service book or certificate of
physical fitness, or a copy of any such certificate; or
(b) fraudulently alters any entry in any seamen’s
service book or a certificate of physical fitness; or
(c) fraudulently alters any entry in any seamen’s
service book or a certificate of physical fitness which is forged or altered or
does not belong to him, he shall, for each offence, be liable to a fine which
may extend to fifty thousand rupees.
CHAPTER 10
DISCHARGE OF SEAMEN
140. Discharge of seamen before Shipping Master. (1) When a seaman serving in a foreign going ship or
home trade ship is, on the termination of his engagement, discharged in
(2) The provisions of sub-section (1) shall apply in
relation to the discharge of seamen serving in any Pakistani coasting ship for
which an agreement is required under this Ordinance as they apply in relation
to the discharge of seamen serving in a foreign ship or home trade ship,---
Provided that this sub-section shall not apply where a
seaman is discharged from a ship under an agreement made in accordance with
Section 128 for service in two or more ships for the purpose of being engaged
in another ship to which the agreement relates.
(3) If the master or owner of a Pakistani coasting
ship for which an agreement with the crew is not required under this Ordinance
so desires, the seamen of that ship may be discharged in the same manner as
seamen discharged from a foreign going ship or home trade ship.
(4) If any master, owner or owner’s agent acts in
contravention of any of the provisions of this section, he shall, for each
offence, be liable to a fine which may extend to five thousand rupees.
141. Entries to be made in seamen’s service book and
return of certificates of competency to Officers or discharge. (1) If a seamen is discharged from a ship in
(2) The master shall, upon the discharge of every
certificated officer whose certificate of competency has been delivered to, and
retained, by him return the certificate to the officer.
(3) If a master acts in contravention of sub-section
(1), or fails, without reasonable cause, to return the certificate of competency
to the officer concerned as required by sub-section (2), he shall for each
offence, be liable to a fine which may extend to ten thousand rupees.
142. Discharge of a seaman aboard. (1) When the master of a Pakistani ship discharges a
seaman at any port or place outside Pakistan, except at a port or place in a
country in which the seaman was engaged, the provisions of this Ordinance
respecting the discharge of seaman in Pakistan shall apply subject to the
following modifications, namely:---
(a) at a port or place having a Pakistani consular
officer:---
(i) the master shall not discharge a seaman except
with the previous sanction of the Pakistan consular officer endorsed on the
agreement with the crew nor unless the law in force at such port or place prohibits
it, otherwise than in the presence of that officer;
(ii) the Pakistan consular officer to whom an
application is made for sanction under clause (i) shall examine the grounds on
which the seaman is proposed to be discharged, and may grant or refuse such
sanction; and
(iii) if a copy of the report as required by
sub-section (1) of Section 141 is endorsed on the seaman’s continuous discharge
certificate, the Pakistan consular officer shall verify the same; and
(b) at a port or place where there is no Pakistan
consular officer the master may himself, if not contrary to any law in force in
such port or place, discharge a seaman and shall, if the seaman so desires,
endorse on his continuous dis-charge certificate the report as required by
sub-section (1) of Section 141.
(2) As soon as may be after a seaman has been
discharged under sub-section (1), the master shall sign and send to the
Shipping Master before whom the crew was engaged a full and accurate statement
in the form sanctioned by the Federal Government of the seaman so discharged.
(3) If a master acts in contravention of this section,
he shall, for each offence, be liable to a fine which may extend to five
thousand rupees.
143. Discharge of seamen and apprentices on change of
ownership. (1) Where a Pakistani ship
is transferred or disposed of a t any port or place outside
(2) Where a seaman or apprentice is so discharged, the
provisions of this Ordinance as to continuous discharge certificate and the
repatriation of the seaman or apprentice to proper return port shall apply as
if the service of the seaman or apprentice had terminated otherwise than by the
consent of the seaman to be discharged during the currency of the agreement.
144. Transmission of documents on transfer of seaman
from one ship to another. (1) Where a
seaman is transferred under his agreement from one ship to another the master
of the ship from which the seaman is transferred shall, as soon as practicable,
transmit to the master of the other ship all documents is his possession
relating to the seaman.
(2) If the master fails, without reasonable cause, to
comply with sub-section (1), he shall, for each offence, be liable to a fine
which may extend to five thousand rupees.
145. Repatriation of seamen and apprentices on
termination of service abroad. (1)
When the service of a seaman or apprentice terminates, without the consent of
the seaman or apprentice at a port or place outside Pakistan, and before the
expiration of the period for which the seaman was engaged or the apprentice was
bound, the master or owner of the ship shall, in addition to any other relative
obligation imposed on either of them under this Ordinance, make adequate
provision for the maintenance of the seaman or apprentice according to his rank
or rating, and for the return of that seaman or apprentice to a proper return
port.
(2) If the master or owner fails without reasonable
cause to comply with sub-section (1), the expenses of maintenance and of the
journey to the proper return port shall, if defrayed by the seaman or apprentice,
be recoverable as wages due to him, and if defrayed by a Pakistan consular
officer, be regarded as expenses falling within the provisions of sub-section
(2) of Section 181.
Explanation. Inability to provide the said expenses
shall not, for the purposes of this sub-section, be regarded as reasonable
cause.
146. Leaving behind in
(2) Subject to the provisions of sub-section (1), the
sanction may be given or refused at the discretion of the Shipping Master and
whenever it is refused the reasons for so refusing it shall be recorded by him.
147. Leaving behind a seaman or apprentice by masters of
Pakistani ships. (1) Master of
Pakistani ship shall not leave a seaman or apprentice behind at any port or
place outside Pakistan except where the seaman or apprentice is discharged in
accordance with this Ordinance, unless he previously obtains from Pakistan
consular officer a certificate endorsed on the agreement with the crew and
stating the cause of the seaman or apprentice being left behind.
(2) The Pakistan consular officer to whom an
application is made, for a certificate under which the seaman or apprentice is
to be left behind, may grant or refuse the certificate as he thinks just.
(3) As soon as may be, after a seaman or apprentice is
left behind under sub-section (1), the master shall sign and send to the
Shipping Master before whom the crew was engaged a full and accurate statement
in the form sanctioned by the Federal Government of the seaman or apprentice so
left behind.
(4) If a master acts in contravention of any of the
provisions of this section, he shall, for each offence, be liable to a fine
which may extend to ten thousand rupees.
148. Wages and other property of seaman or apprentice
left behind Pakistani ships aboard.
(1) If a seaman or apprentice belonging to a Pakistani ship is left behind at
any port or place outside Pakistan, the master of the ship shall enter in the
official log book a statement of the amount due to the seaman or apprentice in
respect of wages at the time when he was left behind and of all property left
on board by him, and shall take such property into his charge.
(2) Within forty-eight hours after the arrival at the
port in Pakistan at which the voyage terminates, the master shall deliver to
the Shipping Master,---
(a) a statement of the amount due to the seaman or
apprentice in respect of wages, and of all property left on board by him; and
(b) a statement, with full particulars, of any
expenses that may have been caused to the master or owner of the ship by the
absence of the seaman or apprentice, where the absence is an offence punishable
under Section 204; and if required by the Shipping Master to do so, shall
furnish such vouchers as are reasonably required to verify the statements.
(3) The master shall at the time when he delivers that
statements referred to in sub-section (2) to the Shipping Master also deliver
to him the amount due to the seaman or apprentice in respect of wages and the
property that was left on board by him, and the Shipping Master shall give to
the master a receipt therefore in the prescribed form.
(4) The master shall be entitled to be reimbursed out
of the wages or property referred to in clause (a) of sub-section (2) such
expenses in the statement referred to in clause (b) of that sub-section as
appear to the Shipping Master to be properly chargeable.
CHAPTER 11.
WAGES OF SEAMEN
(A) PAYMENT OF WAGES
149. Master to deliver account of wages. (1) the Master of every ship shall, before paying off
or discharging a seaman under this Ordinance, deliver at the time and in the
manner provided by this Ordinance a full and true account in a form sanctioned
by the Federal Government of the seaman wages and of all deductions to be made
therefrom on any account whatever.
(2) The said amount shall be delivered,---
(a) where the seaman is not discharged before Shipping
Master, to the seaman himself not less than twenty-four hours before his
discharge or payment off; and
(b) where the seaman is to be discharged before the
Shipping Master, either to the seaman himself, at or before the time of his
leaving the ship, or the Shipping Master not less than twenty-four hours before
the discharge or payment off.
(3) If the master of a ship fails, without reasonable
cause, to comply with this section, he shall, for each offence, be liable to a
fine which may extend to ten thousand rupees.
150. Deduction from wages of seamen. (1) A deduction from the wages of a seaman shall not
be allowed unless it is included in the account delivered in pursuance of this
Ordinance except in respect of a matter happening after the delivery.
(2) The master shall, during the voyage, enter the
various matters in respect of which the deductions are made, with the amount of
the respective deductions as they occur in a book to be kept for that purpose,
and shall, if required, produce the book at the time of the payment of wages
and also upon the hearing before any competent authority of any complaint or
question relating to that payment.
151. Disrating of seamen. (1) Where the master of a ship disrates a seaman, he
shall forthwith enter or cause to be entered in the official log-book a
statement of the disrating, and furnish the seaman with a copy of the entry,
and any reduction of wages consequent on the disrating shall not take effect
until the entry has been so made and the copy so furnished.
(2) Any reduction of wages consequent on the disrating
of a seaman shall be deemed to be a deduction from wages within the meaning of
sections 149 and 150.
152. Deductions on account of provident fund, etc. (1) Notwithstanding anything contained elsewhere in
this Ordinance, or in any other law for the time being in force, a deduction
may be made from the wages of a seaman either monthly or at the end of a voyage
as applicable in each case, on account of provident fund, pension, social
insurance, gratuity or any other fund approved by the Federal Government for
the purpose.
(2) the Federal Government may make rules with regard
to the manner in which the deductions from the wages may be made and the amount
of such deductions for the purposes of such fund, and the collection, deposit,
withdrawal, administration, disbursement, expenditure and other ancillary
matters relating thereto.
153. Payment of wages before Shipping Master. (1) Where a seaman is discharged before a Shipping
Master in Pakistan, the master or owner of the ship shall pay the wages of the
seaman through, or in the presence of, the Shipping Master unless a competent
Court otherwise directs; and in such a case, if the master or owner pays the
wages in the other manner, he shall be liable to a fine which may extend to ten
thousand rupees.
(2) If the master or owner, of a home-trade ship of a
gross tonnage of less than two hundred, so desires he may pay the wages of the
seaman of that ship in the same manner as a seaman discharged from a
foreign-going ship is paid.
154. Time of payment of wages. (1) The master or owner of every ship discharging a
seaman under this Ordinance shall pay to every seaman his wages within five
days of the seaman’s discharge and the seaman shall at the time of his
discharge, be entitled to be paid on this account a sum equal to his balance or
wages due to him.
(2) If the seaman consents, the final settlement of
his wages may be left to the Shipping Master, and the receipt of the Shipping
Master shall in that case operate as if it were a release given by the seaman
in accordance with this Chapter.
(3) In the event of the seamen’s wages or any part
thereof not being settled under sub-section (2), then unless the delay is due
to the act or default of the seaman or to any reasonable dispute as to
liability or to any other cause not being the wrongful act or default of the
owner or master, the seamen’s wages shall continue to run and be payable until
the time of the final settlement thereof.
(4) If the Master or owner, except in a case where
final settlement of wages is left to a Shipping Master under sub-section (2),
fails, without reasonable cause, to make payment as required by sub-section
(1), he shall pay to the seaman such sum not exceeding the amount of two days’
pay for each of the days during which the payment is delayed the Shipping
Master may, in each case, decide.
(5) Any sums payable under sub-section (4) may be
recovered as wages.
155. Settlement of wages. (1) Where a seaman is discharged and the settlement of
his wages completed before a Shipping Master, he shall sign in the presence of
the Shipping Master a release in a form sanctioned by the Federal Government of
all claims in respect of the past voyage or engagement, and the release shall
also be signed by the master or owner of the ship and attested by the Shipping Master.
(2) The release so signed and attested shall be
retained by the Shipping Master and shall operate as a mutual discharge and
settlement of all demands between the parties thereto in respect of the past
voyage or engagement.
(3) A copy of the release, certified under the hand of
the Shipping Master to be true copy, shall, on payment of the prescribed fee,
be given by him to any party thereto requiring the same, and such copy shall be
receivable in evidence upon any future question touching such claims, and shall
have all the effect of the original of which it purports to be a copy.
(4) Where the settlement of a seamen’s wages is by
this Ordinance required to be completed through or in the presence of, Shipping
Master, no payment, receipt or settlement made otherwise than in accordance
with this Ordinance shall operate or be admitted as evidence of the release as
satisfaction of any claim.
(5) Upon any payment being made by a master before a
Shipping Master, the Shipping Master shall, if required, sign and give to the
master a statement of the whole amount so paid, and this statement shall, as
between the master and his employer, be admissible as evidence that the master
has made the payments therein mentioned.
(6) Notwithstanding anything contained in the preceding
sub-sections a seaman may except from the release signed by him, any specified
claim or demand against the master or owner of the ship, and a note of any
claim or demand so excepted shall be entered upon the release; and the release
shall not operate as a discharge and settlement of any claim or demand so
noted, not shall sub-section (4) apply to any payment, receipt or settlement
made with respect to any such claim or demand.
156. Decision of disputes by Shipping Master. (1) Where under the agreement with the crew any
dispute arises at any port in Pakistan between the master, owner or agent of a
ship and any of the crew of the ship, it shall be submitted to the Shipping
Master,---
(a) where the amount in dispute does not exceed five
thousand rupees, at the instance of either party to the dispute; and
(b) in any other case, if both parties to the dispute
agree in writing to submit the dispute to the Shipping Master.
(2) The Shipping Master shall hear and decide the
dispute so submitted and an award made by him upon the submission shall be
conclusive as to the rights of the parties, and any document purporting to be
such submission or award shall be prima facie evidence thereof:---
Provided that if, in any case, the Shipping Master is
of opinion that any question of law is involved he may refer the case for
opinion of the High Court.
(3) an award made by a Shipping Master under this
section may be enforced by a Magistrate in the same manner as an order for the
payment of wages made by a magistrate under this Ordinance.
(4) Nothing in the Arbitration Act, 1940 (X of 1940),
shall apply to any matter submitted to a Shipping Master for decision under
this section.
157. Power of Shipping Master to require production of
ship’s papers. (1) In any proceedings
under this Ordinance before a Shipping Master relating to the wages, claims or
discharge of a seaman, the Shipping Master may require the owner or his agent
or the master or any mate or other member of the crew to produce any log-books,
papers, or other documents in his possession or power relating to any matter in
question in the proceedings, and may require the attendance of, and examine on
the matter, any of those persons being then at or near the place.
(2) If any person so required fails, without reasonable
cause, to comply with the requisition, he shall, for each offence, be liable to
a fine which may extend to ten thousand rupees.
158. Rate of exchange for payment of seamen in
(B) RIGHTS OF SEAMEN IN RESPECT OF WAGES
159. Right to wages and provisions. A seaman’s right to wages and provisions shall be
taken to begin either at the time at which he commences work or at the time
specified in the agreement for his commencement of work or presence on board,
whichever first happens.
160. Wages not to depend on freight. (1) The right to wages shall not depend on the earning
of freight, and every seaman and apprentice who would be entitled to demand and
recover any wages if the ship in which he has served had earned freight, shall,
subject to all other rules of law and conditions applicable to the case, be
entitled to demand and recover the same notwithstanding that freight has not
been earned; but in all cases of wreck or loss of the ship, proof that the
seaman has not exerted himself to the utmost to save the ship, cargo and stores
shall bar his claim to wages.
(2) Where a seaman or apprentice who would but for
death be entitled by virtue of this section to demand and recover any wages
dies before the wages are paid, they shall be paid and applied in manner
provided by this Ordinance with respect to the wages of a seaman who dies
during a voyage.
161. Wages on termination of service by wreck,
illness, etc. (1) Where the service
of any seaman engaged under this Ordinance terminate before the date
contemplated in the agreement by reason of the wreck, loss or abandonment of
the ship or by reason of his being left on shore at any place outside Pakistan
under a certificate granted under this Ordinance of his unfitness of inability
to proceed on the voyage, the seaman shall be entitled to receive,---
(a) in the case of wreck, loss or abandonment of this
ship,---
(i) wages at the rate to which he was entitled at the
date of termination of his service for the period from the date his service is
so terminated until he is returned to and arrives at a proper return port, or
for a period of one month, whichever be longer; and
(ii) compensation for the loss of his effects,
(a) in the case of a seaman employed on a home-trade
ship, of not less than one month’s wages; and
(b) in the case of seaman employed on a foreign going
ship, of not less that three month’s wages; and
(b) in the case of unfitness or inability or proceed
on the voyage, wages for the period from the date his service is terminated
until he is returned to and arrives at a proper return port subject to such
limits as may be prescribed.
(2) A seaman shall not be entitled to receive any wages
under sub-clause (i) of clause (a) of sub-section (1) if he declines to avail
himself of the repatriation arrangements made by, or on behalf of, the owner
and approved by the Pakistan consular officer concerned, nor shall a seaman be
entitled to receive such wages in respect of any period during which,---
(a) he was, or could have been suitably employed, or
(b) through negligence he failed to apply to the
proper authority for relief as a distressed or destitute seaman.
(3) This section shall apply to every person employed
or engaged in any capacity on board any ship and for the time being entered on
the ship’s articles of agreement and to every master, pilot and apprentice, as
it applies to a seaman.
162. Wages not to accrue during refusal or imprisonment.
A seaman or apprentice shall not be
entitled to wages for any time during which he unlawfully refuses or neglects
to work when so required nor, unless the Court hearing the case otherwise
directs, for any period during which he is lawfully imprisoned for any offence
committed by him.
163. Compensation to seamen. If a seaman having signed an agreement is discharged
otherwise than in accordance with the terms thereof before the commencement of
the voyage or before one month’s wages are earned, without fault on his part
justifying that discharge and without his consent, he shall be entitled to
receive from the master or owner, in addition to any wages he may have earned,
due compensation for the damage caused to him by the discharge not exceeding
one month’s wages, and may recover that compensation as if it were wages duly
earned.
164. Restriction on sale of and charges upon wages. (1) As respects wages due or accruing to a seaman or
apprentice,---
(a) they shall not be subject to attachment by order
of any Court;
(b) an assignment or sale thereof made prior to the
accruing thereof shall not bind the person making the same;
(c) a power-or-attorney or authority for the receipt
thereof shall not be irrevocable; and
(d) a payment of wages shall be valid in law notwithstanding
any previous sale or assignment of those wages or any attachment or encumbrance
thereof.
(2) The provisions of clauses (b) and (c) of
sub-section (1) shall not apply to so much of the wages of a seaman as have
been or are hereafter assigned by way of contribution to any fund approved in
this behalf by the Federal Government, the main purpose of which is the
provision of benefits for seamen on retirement; and the provisions of clauses
(a) and (d) of sub-section (1) shall not apply to anything done or to be done
for giving effect to such an assignment.
(3) Nothing in this section shall affect the
provisions of this Ordinance or any other law for the time being in force with
respect to allotment notes.
165. Summary proceedings for wages. A seaman or apprentice or a person duly authorised on
his behalf may, as soon as any wages due to him become payable, use for the
same in a summary manner before any magistrate exercising jurisdiction in or
near the place at which his service has terminated or at which he has been
discharged or at which any person upon whom the claim is made is or resides,
and the order made by the magistrate in the matter shall be final.
166. Restrictions on suits for wages. A proceeding for the recovery of wages shall not be
instituted by, or on behalf of, any seaman or apprentice in any Civil Court,---
(a) where the owner of the ship is adjudged bankrupt
or declared insolvent;
(b) where the ship is under arrest or is sold by the
authority of any Court; or
(c) where a Magistrate under the authority of this
Ordinance refers a claim to the Court.
(C) ADVANCES AND ALLOTMENT OF WAGES
167. Advances and allotements. (1) Any agreement with the crew may contain a
stipulation for payment to a seaman, conditional on his going to sea in pursuance
of the agreement, of a sum not exceeding the amount of one month’s wages
payable to the seaman under the agreement.
(2) Stipulations for the allotment of a seaman’s wages
may be made in accordance with this Ordinance.
(3) Save as aforesaid an agreement by or on behalf of
the employer of a seaman for the payment of money to or behalf of the seaman,
conditional on his going to sea from any port of Pakistan shall be void, and no
money paid in satisfaction or in respect of any such agreement shall be deducted
from the seaman’s wages and a person shall not have any right of action, suit
or set-off against the seaman or his assignee in respect of any money so paid
or purporting to have been so paid.
(4) No seaman, who has been lawfully engaged and has
received under his agreement an advance payment shall, wilfully or through
misconduct, fail to attend his ship or desert therefrom before the payment
becomes really due to him.
(5) Where it is shown to the satisfaction of the
Shipping Master that a seaman lawfully engaged has wilfully or through
misconduct failed to join the ship, the Shipping Master may withhold any of the
seaman’s certificate of discharge for such period as he may think fit, and
while a seaman’s certificate of discharge is so withheld, the Shipping Master
may refuse to furnish copies of any such certificate or certified extracts
therefrom.
168. Stipulations as to allotment notes. (1) Any stipulation made by a seaman at the
commencement of a voyage for the allotment of any part of his wages during his
absence shall be inserted in the agreement with the crew, and shall state the
amounts and times of the payments to be made.
(2) A seaman may require that a stipulation be
inserted in the agreement for the allotment, by means of an allotment not, of any
part, not exceeding two-thirds, of his wages in favour either of a relative of
the seaman, or some member of his family, or a Saving Bank or afund approved by
the Federal Government, to be named in the note.
(3) Allotment notes shall be in the form as the
Federal Government may prescribe.
169. Payment of sums allotted. (1) The owner or any agent who has authorised the
drawing of an allotment note shall pay or remit to the persons nominated in
this behalf by the seaman the amount mentioned in such note, and inform the
Shipping Master that this has been done.
(2) If any owner or agent fails to pay, or remit as
aforesaid, any such amount the Shipping Master shall demand the sums due under
the allotment note and if the owner or agent fails to pay such sums to the
Shipping Master, the Shipping Master may sue for and recover the same with
costs:---
Provided that no such sum shall be recoverable if it
is shown to the satisfaction of the Court or Magistrate trying the case that
the seaman has forfeited or ceased to be entitled to the wages out of which the
allotment was to have been paid, but the seaman shall be presumed to be duly
earning his wages unless the contrary is shown to the satisfaction of the Court
or Magistrate either by the official statement of the change in the crew caused
by his absence made and signed by the master as by this Ordinance is required,
or by a certified copy of some entry in the official log-book to the effect
that he has died or left the ship, or by a credible letter from the master of
the ship to the same effect, or by such other evidence, of whatever
description, as the Court or Magistrate may consider sufficient.
(3) Shipping Master on receiving any such sum as
aforesaid shall pay it over tot the person, bank or fund named in that behalf
in the allotment note.
(4) All such receipts and payment shall be entered in
a book to be kept for the purpose, and all entries in the said book shall be
authenticated by the signature of a Shipping Master.
(5) The said book shall, at all reasonable times be
open to the inspection of the parties concerned.
CHAPTER 12.
PROPERTY OF DECEASED SEAMEN
170. Master to take charge of the effects of deceased
seaman. (1) If any seaman or
apprentice engaged on any ship, the voyage of which is to terminate in Pakistan,
dies during that voyage, the master of the ship shall immediately report the
death to the Shipping Master at the port of engagement of the seaman and take
charge of any money or effects belonging to the seaman or apprentice which are
on board the ship.
(2) The master may, if he thinks fit, cause any
effects to the sold by public auction.
(3) The master shall enter in the official log-book
the following particulars namely,---
(a) A Statement of the amount of money and description
of the effects;
(b) in the case of a sale, a description of each
article sold and the sum received for each; and
(c) a statement of the sum due to the deceased for
wages and of the amount of deduction, if any, to be made from the wages.
(4) The said money, effects, proceeds of sale of
effects and balance of wages are in this Ordinance referred to as the property
of the seaman or apprentice.
171. Disposal of property of seaman who dies during
the voyage. (1) Where a seaman or
apprentice dies as aforesaid and the ship, before coming to a port in Pakistan,
touches and remains for more than forty-eight hours at some port elsewhere, the
master shall report the case to the Pakistan consular officer at such port and
shall give to that officer any information he requires as to the destination of
the ship and probable length of the voyage.
(2) The Pakistan consular officer may, if he thinks it
expedient require the property of the seaman or apprentice to be delivered and
paid to him and shall thereupon give to the master a receipt thereof and
endorse under this hand upon the agreement with the crew such particulars with
respect thereto as the Federal Government may require.
(3) The receipt shall be produced by the master to the
Shipping Master within forty-eight hours after his arrival at his port of
destination in Pakistan.
(4) Where a seaman or apprentice dies as aforesaid and
the ship proceeds at once to a port in Pakistan without touching and remaining
as aforesaid at a port elsewhere or the Pakistan consular officer does not
required the delivery and payment of the property as aforesaid the master
shall, within forty-eight hours after his arrival at his port of destination in
Pakistan, pay and deliver the property to the Shipping Master at that port.
(5) A deduction claimed by the master in such account
shall not be allowed unless verified by an entry in the official log-book, and
also by such vouchers, if any, as may be reasonably required by the Shipping
Master.
(6) A Shipping Master in Pakistan shall grant to a
master, upon due compliance with such provisions of this section as relate to
acts to be done at the port of destination, a certificate to that effect.
172. Liability of master in respect of property of
deceased seamen, etc. (1) If the
master fails to comply with the provisions of this Ordinance with respect to
taking charge of the property of a deceased seamen or apprentice, or to making
in the official log-book the proper entries relating thereto, or to the payment
or delivery of such property, he shall, notwithstanding any penalty to which he
may be liable under this Ordinance, be accountable for the property to the
Shipping Master as aforesaid and shall pay and deliver the same accordingly;
and shall in addition be punishable, for each offence, with fine not exceeding
three times the value of the property not accounted for or, if such value is
not ascertained, with fine which may extend to ten thousand rupees.
(2) The property may be recovered in the same Court
and manner in which the wages of seamen may be recovered under this Ordinance.
173. Property of deceased seamen left abroad but not
on board ship. If any seaman or
apprentice on a Pakistan ship, or engaged in Pakistan on any other ship, the
voyage of which is to terminate in Pakistan, dies at any place outside Pakistan
leaving any money or effects not on board the ship, the Pakistan consular
officer at or near the place shall claim and take charge of such money and
other effects, hereinafter referred to as the property of a deceased seaman or
apprentice.
174. Dealing with property of deceased seamen. (1) A Pakistani consular officer or a Shipping Master
to whom the effects of a deceased seaman or apprentice are delivered or who
takes charge of such effects under this Ordinance may, if he thinks fit, sell
the effects and the proceeds of any such sale shall be deemed to form part of
the property of the deceased seaman or apprentice.
(2) Before selling any valuable comprised in the said
effects, such officer or Shipping Master shall endeavor to ascertain the wishes
of the next-of-kin of the deceased seaman or apprentice as to the disposal of
such valuable and shall, if practicable and lawfull, comply with such wishes.
(3) A Pakistan consular officer to whom any property
of a deceased seaman or apprentice is delivered or who takes charge of any such
property under this Ordinance shall remit the property to the Shipping Master
at the port of engagement of the deceased seaman or apprentice in such manner
and shall render such accounts in respect thereof as may be prescribed.
175. Recovery of wages, etc., of seamen lost with
their ship. (1) Where a seaman or
apprentice is lost with the ship to which he belongs, the Federal Government or
such officer as the Federal Government may appoint in this behalf, may recover
the wages and the compensation due to him from the owner, master or agent of
the ship in the same Court and in the same manner in which seaman’s wages are
recoverable, and shall deal with these wages in the same manner as with the
wages and compensation due to other deceased seaman or apprentices under this
Ordinance.
(2) In any proceedings for the recovery of the wages
and compensation, if it is shown by some official records or by other evidence
that the ship has, twelve months or upwards before the institution of the
proceeding, left any port, she shall, unless it is shown that she has been
heard of within twelve months after the departure, be deemed to have been lost
with all hands on board either immediately after the time she was last heart of
or at such later time as the Court hearing the case may think probable.
(3) Any duplicate agreement or list of the crew made
out, or statement of a change of the crew delivered under this Ordinance at the
time of last departure of the ship from Pakistan, or a certificate purporting
to be a certificate from a Pakistan consular officer at any port of Pakistan,
stating that certain seamen or apprentices were shipped in the ship from the
said part shall be, in the absence of proof to the contrary, sufficient proof
that the seaman or apprentices were shipped in the ship from the said part
shall be, in the absence of proof to the contrary, sufficient proof that the
seamen or apprentices therein named as belonging to the ship were on board at
the time of the loss.
176. Property of seamen dying in
177. Payment over property of deceased seamen by
Shipping Master. Where any property
of a deceased seaman or apprentice is paid or delivered to Shipping Master, the
Shipping Master, after deducing for expenses incurred in respect of that seaman
or apprentice or of his property such sums as he thinks proper to allow, may,---
(a) pay and deliver the residue to any claimants who
can prove themselves to the satisfaction of the said Shipping Master shall be
thereby entitled thereto, and the said Shipping Master shall be thereby
discharged from all further liability in respect of the residue so paid or
delivered; or
(b) if he thinks fit so to do, require probate or
letters of administration or a certificate under the Succession Act, 1925
(XXXIX of 1925), to be taken out, and thereupon pay and deliver the residue to
the legal representative of the deceased.
178. Disposal of unclaimed property of deceased
seamen. (1) Where no claim to the
property of a deceased seamen or apprentice received by a Shipping Master is
substantiated within one year from the receipt thereof by such Shipping Master,
the Shipping master shall cause such property to be sold and pay the proceeds
of the sale into the public treasury.
(2) If, after any money has been so paid into the
public treasury, and claim is made thereto, then if the claim is established to
the satisfaction of the Shipping Master, the amount, or so much as shall appear
to be due to the claimant, shall be paid to him and if the claim is not so
established, it shall be rejected and the claimant may thereupon apply by
petition to the High Court which shall, after taking evidence either orally or
on affidavit make such order on the petition as shall same just:---
Provided that, after the expiration of six years from
the receipt of such property by the Shipping Master, no claim to such property
shall be entertained by the Shipping Master without the sanction of the Federal
Government.
CHAPTER 13.
DISTRESSED SEAMEN
179. Application of Chapter to apprentices. This Chapter shall apply to apprentices as it applies
to seamen.
180. Power to make rules with respect to distressed
seamen. The Federal Government may
make rules with respect of the relief, maintenance and return to a proper
return port of a shipwrecked relief, maintenance and return to a proper return
port of a shipwrecked seamen found in distress at any place in or out of
Pakistan, and with respect to the circumstances in which and the conditions
subject to which, seamen may be relieved and provided with passages, and
generally for carrying out the purposes of this Chapter; and a distressed
seaman shall not have any right to be relieved, maintained or sent to a proper
return port except in the cases and to the extend and on the conditions as may
be prescribed.
181. Relief and maintenance of distressed seamen. (1) The Pakistan consular officer at or near the place
outside Pakistan where a seaman is in distress shall, on application being made
to him by or on behalf of the distressed seaman, provide in accordance with
rules made in this behalf for the return of the seaman to a proper return port
and also for his necessary clothing and maintenance until his arrival at such
port.
(2) Where any expenses, other than excepted expenses
are incurred by or on behalf of the Federal Government on account of a
distressed seaman either for his maintenance, necessary clothing, conveyance to
a proper return port, or in case of death, for his burial or otherwise in
accordance with this Ordinance, those expenses, together with the wages, if
any, due to the seaman, shall be a charge upon the ship, whether a Pakistani
ship or not, to which the distressed seaman belonged, and shall be a debt due
to the Federal Government from the master of the ship or from the owner of the
ship for the time being, or, where the ship has been lost, from the person who
was the owner of the ship at the time of the loss, or where the ship has been
transferred to some person not being a citizen of Pakistan either from the
owner for the time being or from the person who was the owner of the ship at
the time being or from the person who was the owner of the ship at the time of
the transfer, and also, if the ship be a ship other than a Pakistani ship, from
the person, whether principal or agent, who engaged the seaman for service in
the ship.
(3) All excepted expenses incurred by, or on behalf,
of the Federal Government in accordance with the provisions of this Ordinance
shall constitute a debt due to the Federal Government for which the seaman in
respect of whom they were incurred and the owner or agent of the ship to which
that seaman belonged at the time of his discharge or other event which resulted
in his becoming a distressed seaman shall be jointly and severally liable; and
the owner or agent shall be entitled to recover from the seaman any amount paid
by the owner or agent to the Federal Government in settlement on part
settlement of such debt, and may apply to the satisfaction of his claim so much
as may be necessary of any wages due to the seaman.
(4) All excepted expenses incurred in accordance with
the provisions of this Ordinance in respect of any distressed seaman by the
owner or agent of the ship to which the seaman belong at the time of his
discharge or other event which resulted in his becoming a distressed seaman
shall constitute a debt due to the owner or agent for which the seaman shall be
liable; and the owner or agent may apply to the satisfaction of his claim so
much as may be necessary of any wages due to the seaman, but shall not he
entitled to recover from the seaman any repatriation expenses other than
excepted expenses.
(5) In any proceedings for the recovery of any
expenses which in terms of sub-section (3) are a debt due to the Federal
Government, the production of an account of the expenses and proof of payment
thereof by, or on behalf of, or under the direction of, the Federal Government
shall be prima facie evidence that the expenses were incurred in accordance
with the provisions of this Ordinance by or on behalf of the Federal
Government.
(6) Any debt which may be due to the Federal
Government under this section may be recovered by any officer authorised by it
in writing in this behalf from the person concerned in the same manner in which
wages may be recovered by seaman.
(7) For the purpose of this section, “excepted
expenses” and expenses incurred in cases where the certificate of the proper
authority obtained on leaving a seaman behind states, or the Federal Government
is otherwise satisfied, that the cause of the seaman being left behind is
desertion, disappearance, imprisonment for misconduct, or discharge from the
ship on the ground of misconduct, or otherwise due to the fault of the seamen.
182. Mode of providing for return of seamen to proper
port. (1) A seaman maybe sent to a
proper return port by reasonable route either by sea or land or if necessary by
air or partly by anyone and partly by any other of these modes.
(2) Provision shall be made for the return of the
seaman as to whole of the route if it is by sea, or as to any part of the route
which is by sea by placing the seaman onboard a Pakistani ship which is in want
of men to make up its complement, or, if that is not practicable, by providing
the seaman with a passage in any ship, whether a Pakistani ship or not, or with
the money for his passage and, as to any part of the route which is by land or
air, by paying the expenses of his journey and of his maintenance during the
journey or providing him with means to pay those expenses.
(3) Where the master of a ship is required under this
Chapter to provide for the return of a discharged seaman to a proper return port,
the master may, instead of providing the seaman passage or the expenses of his
journey or of providing the seamen with means to pay his passage or those
expenses, deposit with the Pakistan consular officer such sum as that officer
considers sufficient to defray the expenses of the return of the seaman to a
proper return port.
183. Receiving distressed seamen on ships. (1) The master of a Pakistani ship shall receive on
board his ship and afford passage and maintenance to all distressed seamen whom
he is required by the Pakistan consular officer or the Shipping Master to take
on board his ship, and shall during the passage provide every such distressed
seaman with accommodation equal to that normally provided for the crew of the
ship and subsistence proper to the rank or rating of the said distressed
seaman:---
Provided that the master of the ship shall not be
required to receive on board his ship a distressed seaman in terms of this
section if the Pakistan consular officer or the Shipping Master is satisfied
that accommodation is not and cannot be made available for such seaman.
(2) If the master of any such ship, when required so
to do under sub-section (1), fails or refuses to receive on board his ship, or
to give a passage or subsistence to, or provide for, a distressed seaman, he
shall, for each offence, be liable to a fine which may extend to five thousand
rupees.
184.
185. Provisions as to taking distressed seamen on
ships. (1) Where a distressed seaman
is for the purpose of his return to a proper return port placed on board a
Pakistani ship, the
(2) On the production of a certificate signed by the
Pakistan consular officer or the Shipping Master, as the case may be, by whose
directions distressed seamen were received on board, specifying the number and
the names of the distressed seamen and the time when each of them was received
on board, and on a declaration made by the master stating the number of days
during which each distressed seaman has received subsistence, the full
complement of his crew and the actual number of seamen employed on board his
ship and every variation in that number, whilst the distressed seamen received
maintenance, the master shall be entitled to be paid in respect of the
subsistence and passage of every seamen so conveyed and provided for by him,
exceeding the number, if any, wanted to make up the complement of his crew,
such sum for each day as the Federal Government may, by rules made in this
behalf, allow.
186. What shall be evidence of distress. In any proceeding under this Chapter, a certificate of
the Federal Government, or of such officer as the Federal Government may
specify in this behalf, to the effect that the seaman named therein is
distressed shall be conclusive evidence that such seaman is a distressed seaman
within the meaning of this Ordinance.
CHAPTER 14.
PROVISIONS AND ACCOMMODATION FOR SEAMEN AND THEIR
HEALTH
187. Ships to have sufficient provisions and water. (1) All Pakistani ships and all ships for which seamen
have been engaged in
(2) If any person making an inspection under Section
197 finds that provisions or water are of bad quality and unfit for use or
deficient in quantity, he shall signify it in writing to the master of the
ship, and may, if the thinks fit, detain the ship until the defects are
remedied to his satisfaction.
(3) If the master does not thereupon provide other
proper provisions or water in lieu of any provisions so signified to be of bad
quality and unfit for use, or does not procure the requisite quantity of any
provisions or water so signified to be deficient in quantity or uses any
provisions or water so liable to a fine which may extend to ten thousand
rupees.
(4) The person making the inspection shall enter a
statement of the result of the inspection in the official log-book, and shall,
if he is not the Shipping Master, send a report thereof to the Shipping master
and that report shall be admissible in evidence in any legal proceeding.
(5) If the inspection was made in pursuance of a
request by members of the crew and the person making the inspection certifies
in the statement of the result of the inspection that there was no reasonable
ground for the request, every member of the crew who made the request shall be
liable to forfeit to the owner out of his wages a sum not exceeding on week’s
wages.
(6) If a master fails to furnish provisions to a
seaman in accordance with the agreement entered into by him and the Court
considers the failure to be due to the neglect or default of the master, or if
a master furnishes to a seaman provisions which are bad in quality or unfit for
use, such master shall, for each offence, be liable to a fine which may extend
to ten thousand rupees.
(7) Nothing in sub-section (6) shall affect any claim
for compensation under Section 188.
188. Allowance for short or bad provisions. (1) In either of the following cases,---
(a) if, during the voyage, the allowance of any of
provisions for which a seaman has by his agreement stipulated is reduced, or
(b) if it is shown that any of those provisions are or
have during the voyage been bad in quality or unfit for use;
the seaman shall receive by way of compensation for
that reduction or bad quality according to the time of its continuance such
sums as may be prescribed, to be paid to him in addition to, and be recoverable
as, wages.
(2) If it is shown to the satisfaction of the Court
before which the case is tried that any provisions, the allowance of which has
been reduced, could not be procured or supplied in proper quantity and
equivalent substitutes were supplied in lieu thereof, the Court shall take
those circumstances into consideration and modify or refuse the compensation as
the justice of the case requires:---
Provided that, if the amount of compensation claimed
does not exceed five hundred rupees in respect of any one seaman, the Shipping
master may, on application of either party settle the compensation ass if it
were a dispute submitted to him under Section 156 and the decision of the
Shipping master in the matter shall be final.
189. Pakistani foreign going ships to carry duly
certificated cooks. (1) Every
Pakistani foreign-going ship going to sea from any port or place in
(2) A cook shall not be deemed to be duly certificated
within the meaning of this section unless he is the holder of a certificate of
competency in cooking granted by or under the authority of, or recognized by,
the Federal Government on such terms and conditions as may be prescribed in
this behalf.
190. Medicines to be provided and kept on board certain
ships. (1) All Pakistani
foreign-going ships and all home-trade ships shall have always on board a
sufficient supply of medicines and appliances suitable for diseases and
accidents likely to happen on sea voyages according to such scale as the
Federal Government may, from time to time, by notification in the Official
Gazette, fix in respect of a ship or class of ships.
(2) Every such ship shall also carry such medical
guide containing instructions for dispensing the medicines and using the
appliances as may be approved by the Federal Government.
(3) The Federal Government may, by notification in the
Official Gazette, make rules for the proper maintenance and care of medicines
chests, their contents and their regular inspection.
(4) The master of a ship in respect of which the
provisions of this section or of any rules made thereunder are contravened
shall, for each offence, be liable to a fine which may extend to ten thousand
rupees.
191. Certain ships to carry medical officers. (1) Every foreign-going ship, on hundred persons
(including the crew) or upwards, shall have no board as part of her complement
a medical officer possessing such qualifications as may be prescribed.
(2) If any such ship does not carry on board a duly
qualified medical officer the ship shall be detained until such medical officer
is provided.
(3) Nothing in this section shall apply to any special
trade passenger ship including a pilgrim ship.
192. Weights and measures on board. (1) The master of a ship shall keep on board proper
weights and measures for determining the qualities of the several provisions
and articles served out and shall allow the same to be used at the time of
serving out the provisions and articles in the presence of witnesses whenever
any dispute arises about the quantities.
(2) If the master of a ship fails, without reasonable
cause, to comply with sub-section (1), he shall, for each offence, be liable to
a fine which may extend to five thousand rupees.
193. Expenses of medical attendance in case of
illness. (1) If the master of, or a
seaman or apprentice belonging to, a Pakistani ship receives any hurt or injury
or suffers from any illness (not being a hurt, injury or illness due to his own
wilful act or default or his own misbehavior), resulting in his being discharged
or left behind at a place other than his proper return port, the expenses of
providing the necessary surgical and medical advice, attendance and treatment
and medicine, and also the expenses of the maintenance of the master, seaman or
apprentice until he is cured, or dies, or is brought back to the port from
which he was shipped or other port agreed upon after receiving the necessary
medical treatment, and of his conveyance to that port, and in case of death,
the expenses, if any, of his burial or cremation shall be defrayed by the owner
of the ship without any deduction on that account from his wages.
(2) If the master, seaman or apprentice is on account
of any illness or injury temporarily removed from his ship, at a port other
than his proper return port, for the purpose of preventing infection or
otherwise for the convenience of the ship, and subsequently returns to his
duty, the expenses of removal and of providing the necessary surgical and
medical advice, attendance and treatment and medicine and of his maintenance
while away from the ship, shall be defrayed in like manner.
(3) The expenses of all medicines and surgical and
medical advice, attendance and treatment, given to a master, seaman or
apprentice, while on board his ship, shall be defrayed in like manner.
(4) Where any expenses referred to in sub-section (1),
(2) and (3) have been paid by the master, seaman or apprentice himself, the
same may be recovered as if they were wages duly earned, and, if any such such
expenses are paid by the Federal Government, the amount shall be a charge upon
the ship and may be recovered with full costs of suit by the Federal
Government.
194. Power to make rules with respect to crew
accommodation. (1) The Federal
Government may, by notification in the official Gazette, make rules with
respect to the crew accommodation to be provided in ships; and different
provisions may be made for different classes of ships and different classes of
persons.
(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 minimum space for each person which must be
provided in any ship to which the rules apply by way of sleeping accommodation
for seamen and apprentices and the maximum number of persons by whom any
specified part of such sleeping accommodation may be used;
(b) the position in any such ship in which the crew
accommodation or any part thereof may be located and the standards to be
observed in the construction, equipment and furnishing of any such
accommodation;
(c) the submission to such authority as be specified
in this behalf of plans and specifications of any works proposed to be carried
out for the provisions or alteration of any such accommodation and the
authorization of that authority to inspect any such works;
(d) the maintenance and repair of any such
accommodation and the prohibition or restriction of the use of any such
accommodation for purposes other than those for which it is designed; and
(e) the manner as to how ships registered or under
construction at the commencement of any such rules may be dealt with after such
commencement.
(3) If any person making an inspection under Section
197 finds that the crew accommodation is unsanitary or is not in accordance
with the provisions of this Ordinance, he shall signify it in writing to the
master of the ship and may, if he thinks fit, detain the ship until the defects
are remedied to his satisfaction.
Explanation. In this section, the expression “crew
accommodation” includes sleeping rooms, mess room, sanitary accommodation,
hospital accommodation, recreation accommodation, store rooms and catering
accommodation provided for the use of seamen, not being accommodation which is
also used by, or provided for the use of passengers.
(4) The Federal Government may exempt any ship or
class of ships from the requirements of any rules made under this section
either absolutely or subject to such conditions as it may consider fit.
195. Inspection of crew accommodation when a ship is
re-registered. Whenever a ship to
which the rules made under Section 194 apply, is registered or re-registered in
Pakistan, or the crew accommodation of a ship has been substantially altered or
reconstructed, or a complaint in respect of crew accommodation has been made in
accordance with the rules, and on such other occasions as may be required under
the rules, a surveyor shall inspect the crew accommodation and satisfy himself
that the requirements of crew accommodation have been duly complied with.
196. Bedding, towels, etc, to be provided. (1) The owner of every Pakistani ship shall supply or
cause to be supplied to every seaman for his personal use such clothing,
bedding towels, mess utensils and other articles of such quality and according
to such scales as may be prescribed.
(2) If any requirement of sub-section (1) is not
complied with in the case of any ship the owner thereof, unless he proves that
the non-compliance was not caused by his inattention, neglect or willful
default, shall be liable to a fine which may extend to five thousand rupees.
197. Inspection of provisions, water and medicines. (1) A Shipping Master, surveyor, Seamen’s Welfare
Officer, Port Health Officer,
(a) in the case of any ship upon which seaman have
been shipped at that port, may at any time; and
(b) in the case of a Pakistani ship, may at any time,
and, if the master or three or more of the crew so request, shall enter on
board the ship and inspect,---
(i) the provisions and water;
(ii) the medicines and appliances;
(iii) the weights and measures; and
(iv) the crew accommodation,
with which the ship is required to be provided by or
under this Ordinance.
(2) If any person making an inspection under this
section finds that the crew accommodation is unsanitary or is not in accordance
with the provisions of this Ordinance, he shall signify it in writing to the
master and may, if he thinks fit, detain the ship until the defects are
remedied to his satisfaction.
198. Inspection by master of provisions, water and
accommodation at sea. The master of
every Pakistani ship while at sea shall, at least once in a week, cause an
inspection to be made of the provisions and water provided for the use of the
seamen and apprentices and the crew accommodation, for the purpose of
ascertaining whether the same are being maintained in accordance with the
requirements of this Ordinance, and the person making the inspection shall
enter a statement of the result of the inspection in a separate book kept for
the purpose.
CHAPTER 15.
DISCIPLINE OF SEAMEN AND APPRENTICES
199. Definitions. (i) In this Chapter unless there is anything repugnant in the subject
or context,---
(a) “officer means an officer qualified for the
purposes of Section 93 of this Ordinance or duly certificate under the Merchant
Shipping Law previously in force; and
(b) “seaman” does not include an officer.
200. Master’s power of arrest. The master of any ship registered in Pakistan may
cause any person on board the ship to be put under restraint if, and for so
long as, it appears to him necessary or expedient in the interest of safety or
for the preservation of good order or discipline on board the ship.
201. Maintenance of discipline. The master shall have the power and authority to give
any command or order to any officer or seaman or apprentice or other person on
board which he considers to be necessary for the maintenance of discipline
among seamen on barred generally or for the navigation or safety of the vessel
or for the safety of the person or property on board, and every such command or
order shall be obeyed and carried out by the person to whom it is given.
202. On change of master, documents to be handed over
to successor. (1) The master of any
Pakistani ship who, during the progress of a voyage, is removed or superseded
or for any other reason quits the ship, and is succeeded in the command by some
other person holding appropriate certificate of competency, shall deliver to
his successor all documents relating to the navigation of the ship, including
the information required to be carried under Section 334 and388, and the crew
thereof which are in his custody; and such successor shall, immediately on
assuming the command of the ship, enter in the official log-book a list of the
document so delivered to him.
(2) It is hereby declared that for the purpose of
sub-section (1) the documents relating to the navigation of the ship shall
include documents (i) safety certificates; (ii) safety construction
certificate; (iii) international load line certificate; (iv) safety equipment
certificates; (v) safety radio telegraphy certificate; (vi) safety radio
telephony certificate; (vii) exemption certificates, and (viii) certificate of
registry or any other documents that may be prescribed.
(3) The master of a ship who fails to deliver the
documents as required by sub-section (1) shall be liable to a fine which may
extend to ten thousand rupees.
203. Misconduct endangering life or ship. If a master, officer, seaman or apprentice belonging
to a Pakistani ship, by wilful breach of duty or by neglect of duty or by
reason of drunkenness or under influence of drug,---
(a) does any act tending to the immediate loss or
destruction of; or serious damage, to the ship or tending immediately to
endanger the life or limb of a person belonging to, or on board, the ship; or
(b) refuses or omits to do any lawful act proper and
requisite to be done by him for preserving the ship from immediately loss or
destruction of, or serious damage to, or for preserving any person belonging
to, or on board, the ship from immediate danger to lifer of limb,---
he shall, for every offence, by punishment with
imprisonment for a term which may extend to two years, or with a fine which may
extend to ten thousand rupees, or with both.
204. Desertion and absence without leave. (1) No officer, apprentice or seaman lawfully engaged
shall,---
(a) desert his ship; or
(b) neglector refuse, without reasonable cause, to
join the ship or to proceed to sea in his ship or be absent without leave at
any time within twenty-four hours of the ship’s sailing from a port either at
the commencement or during the progress of a voyage, or be absent at any time
without leave and without sufficient reason from his ship or from his duty.
(2) For the purposes of sub-section (1), the fact that
the ship on which an officer or the seaman or apprentice is engaged or to which
he belongs is unseaworthy shall be deemed to be a reasonable cause:---
Provided that the officer or seaman or apprentice has,
before failing or refusing to join his ship or to proceed to sea in his ship or
before absenting himself or being absent from the ship, as the case may be,
complained to the master or a Shipping Master, Surveyor, Seamen’s Welfare
Officer, Port Health Officer, Pakistan consular officer or any other officer at
any port duly authorised in this behalf by the Federal Government, that the
ship is unseaworthy.
205. Power to suspend deserter’s seamen’s service
book. If it is shown to the
satisfaction of a proper officer that any officer, seaman or apprentice has
deserted his ship has absented himself without leave and without sufficient
reason from his ship or from his duty, the proper officer shall forthwith make
a report to that effect to the Shipping Master who may thereupon direct that
the seaman’s certificate of discharge or seaman’s service book shall be
withheld for such period as may be specified in the direction.
206. Conveyance of deserter or imprisoned seaman or
apprentice on board ship. (1) If an
officer, seaman or apprentice is guilty of the offence of desertion or of
absence without leave to otherwise absents himself from his ship without leave
the master or any mate or the owner may convey him on board his ship, and may
for that purpose use such force, including police force, as may be necessary
and every police officer shall render all such assistance as may be required of
him.
(2) If the officer, seaman or apprentice so requires,
he shall first be taken before a Court competent to take cognizance of the case
to be dealt with according to law.
(3) If it appears to the Court before whom the case is
brought that the officer, seaman or apprentice has been conveyed on board or
taken before the Court on improper or insufficient grounds, that Court may
punish the master, mate or owner, as the case may be with a fine which may
extend to five thousand rupees and such punishment shall be a bar to any action
for false imprisonment against the master, mate or owner.
(4) If, either at the commencement or during the
progress of any voyage, an officer, seaman or apprentice engaged in a Pakistani
ship commits outside Pakistan, the offence of desertion or absence without
leave or any offence against discipline, the master any mate, the owner or
agent of the owner may, if and so far as the laws in force in the place will
permit, arrest him without first procuring a warrant.
(5) No person shall convey on board an officer, seaman
or apprentice on improper or insufficient grounds.
207. Power of Court to order offender to be taken on
board ship. Where an officer, seaman
or apprentice is brought before a Court on the ground of desertion or of
absence without leave or of any offence against discipline and the master or
the owner or his agent, so requires, the Court, may in lieu of committing and
sentencing him for the offence, cause him to be conveyed on board his hip for
the purpose of proceeding on the voyage, or deliver him to the master or any
mate of the ship or the owner or his agent to be by them so conveyed, and may
in such case order any costs and expenses properly incurred by or on behalf of,
the master or owner by reason of the conveyance to be paid by the offender and,
if necessary, to be deducted from any wages which he has then earned or by
virtue of his then existing engagements may afterwards be earned.
208. General offences against discipline. If an officer, seaman or an apprentice commits any of
the following offences (in this Ordinance referred to as offences against
discipline) he shall, notwithstanding anything in the Code of Criminal
Procedure, 1898 (Act V of 1898), be liable to be tried in a summary way and
punished as follows, namely,---
(i) if he quits the ship without leave after her
arrival at her port of delivery and before she is placed in security he shall
be liable to forfeit out of his wages a sum not exceeding one months’s pay;
(ii) if he is guilty of wilful disobedience to any
lawful command, he shall be liable to forfeit out of his wages a sum not exceeding
fourteen day’s pay;
(iii) if he is guilty of continued wilful disobedience
to lawful commands or continued wilful neglect of duty, he shall be liable for
every twenty-four hours’ continuance of such disobedience or neglect, to pay a
sum not exceeding one month’s pay or any expenses which may have been property
incurred in hiring a substitute;
(iv) if he assaults any person on board the ship, he
shall be liable to a fine which may extend to ten thousand rupees;
(v) if he combines with any of the crew to disobey
lawful commands or to neglect duty or to impede the navigation of the ship or
the progress of the voyage he shall be liable to imprisonment for a term which
may extend to one year, or fine which may extend to ten thousand rupees, or
with both;
(vi) if he wilfully damages his ship or commits
criminal misappropriation or breach of trust in respect of, or wilfully damages
any of, her stores or cargo he shall be liable to imprisonment for a term which
may extend to one year, or fine which may extend to ten thousand rupees or with
both, and shall also be liable to forfeit out of his wages a sum equal to the
loss thereby sustained; and
(vii) if he is convicted of any act of smuggling
whereby loss or damage is occasioned to the master or owner of the ship, he
shall be liable to pay to that master or owner a sum sufficient to reimburse
the loss or damage, and the whole or a proportionate part of his wages may be
retained in satisfaction on account of that liability without prejudice to any
other remedy.
209. Report of desertion and absence without leave. (1) Whenever any officer, seaman or apprentice not
shipped in Pakistan deserts or otherwise absents himself if Pakistan without
leave from a Pakistani ship in which he is engaged to serve, the master of the
ship shall, within forty-eight hours of discovering such desertion or absence,
report the same to the Shipping Master or to such other officer as the Federal
Government may appoint in this behalf, unless in the meantime the deserter or
absentee returns.
(2) Any master who wilfully neglects to comply with
the provisions of sub-section (1) shall be liable to a fine which may extend to
five thousand rupees.
210. Entries and certificates of desertion abroad. (1) In every case of desertion from a Pakistani ship whilst
she is at any place outside Pakistan the master shall make in the official log
book an entry of the desertion which shall be signed by him and also by a mate
or one of the crew and shall produce the entry to Pakistan consular officer who
shall thereupon make and certify a copy of the entry.
(2) The master shall forthwith transmit such copy to
the Shipping Master at the port at which the seaman was shipped, and he
Shipping Master shall if required, cause the same to be produced in any legal
proceeding.
(3) Such copy, if purporting to be so made and
certified as aforesaid, shall, in any legal proceeding relating to such
desertion, be admissible in evidence.
211. Facilities for proving desertion in proceeding
for forfeiture of wages. (1) Whenever
a question arise whether the wages of any officer, seaman or apprentice are
forfeited for desertion from a ship, it shall be sufficient for the person
insisting on the forfeiture to show that the officer, seaman or apprentice was
duly engaged in or belonged to the ship, and either that he left the ship
before the completion of the voyage or engagement or, if the voyage was to
terminate in Pakistan and the ship has engagement or, if the voyage was to
terminate in Pakistan and the ship has not returned, that he is absent from her
and that an entry of his discretion has been duly made in the official
log-book.
(2) The desertion shall thereupon, so far as relates
to any forfeiture of wages under this Chapter, be deemed proved, unless the
officer, seaman or apprentice can produce a proper certificate of discharge or
can otherwise show to the satisfaction of the Court that he had sufficient
reasons for leaving his ship.
212. Application of forfeiture. (1) Where any wages or effects are under this
Ordinance forfeited for desertion from a ship, they shall be applied towards
reimbursing the expenses cause by the desertion to the master or the owner of
the ship and subject to that reimbursement, shall be paid into the public
treasury and credited to the account of the Federal Government.
(2) For the purpose of such re-imbursement the master
or the owner or his agent may, if the wages are earned subsequent to desertion,
recover them in the same manner as the deserter could have recovered them if
not forfeited; and the Court in any legal proceeding relating to such wages may
order them to be paid accordingly.
213. Decisions of questions for forfeiture and
deductions in suits for wages. Any
question concerning the forfeiture of or deductions from the wages of any
officer, a seaman or apprentice may be determined in any proceeding lawfully
instituted with respect to those wages notwithstanding that the offence in
respect of which the question arises, through by this Ordinance made punishable
by imprisonment as well as forfeiture, has been the subject of any criminal
proceeding.
214. Payment of fines imposed under agreement to
Shipping Master. (1) Every fine
imposed on any officer, seaman or apprentice for any act of misconduct for
which his agreement imposes fine shall be deducted and paid over as follows,
namely,---
(a) if the offender is discharged at any port or place
in Pakistan, and the offence and such entries in respect thereof as aforesaid,
are proved to the satisfaction of the Shipping Master before whom the offender
is discharged, the master or owner shall deduct such fine from the wages of the
offender and pay the same over to such Shipping Master; and
(b) if the officer, seaman or apprentice is discharged
at any port or place outside Pakistan and the offence and such entries as
aforesaid are proved to the satisfaction of the Pakistan consular officer by
whose sanction he is so discharged, the final shall thereupon be deducted as
aforesaid, and an entry of such deduction shall then be made in the official
log-book and signed by such officer and on the return of the ship to Pakistan
the master or owner shall pay over such fine to the Shipping Master before whom
the crew is discharged.
(2) If any master or owner neglects or refuses to pay
over the fine, he shall, for each offence, be liable to a fine which may extend
to fifty thousand rupees.
215. Penalty for enticing to desert. If a person by any means whatever persuades or
attempts to persuade any officer, seaman or apprentice to neglect or refuse to
join or proceed to sea in or desert from his ship, or otherwise to absent
himself from his duty, he shall, for each offence, be liable to a fine which
may extend to ten thousand rupees.
216. Penalty for harboring deserters. If a persons willfully harbours or secrets any
officer, seaman or apprentice who has willfully neglected or refused to join or
has deserted from his ship, knowing or having reason to believe the officer,
seaman or apprentice to have so done, he shall, for each offence, be liable to
a fine which may extend to ten thousand.
217. Penalties or stowaways and discipline of
stowaways and seamen carried under compulsion. (1) If a person secrets himself and goes to sea in a
ship without the consent of either the owner, agent or master, or of a mate, or
of the person in charge of the ship of any other person entitled to give that
consent, he shall be liable to a fine which may extend to ten thousand rupees.
(2) every person who goes to sea in a ship without
such consent as aforesaid and every sea faring person whom the master of a ship
in under this Ordinance or any other law compelled to take on board and convey
shall, so long as he remains in the ship, be subject to the same law and
regulations for preserve disciplines and to the same fines and punishments for
offences constituting or tending to a breach of discipline as if he were a
member of, and had signed the agreement with, the crew.
(3) The master of any Pakistani ship arriving at any
port or place in or outside Pakistan and the master of any ship other than a
Pakistani ship arriving at any port or place in Pakistan shall, if any person
has gone to sea on that ship without the consent referred to in sub-section
(1), Report the fact in writing to the Shipping Master or the Pakistan Consular
Officer as soon as may be after the arrived of the ship.
218. Unauthorised presence on board ship. Where a ship registered in Pakistan or any other
country is in a port in Pakistan and a person who is neither in Government
service nor authority by law to do so,---
(a) goes on board the ship without the consent of the
master or of any other person authorised to give it; or
(b) remains on board the ship after being requested to
leave by the master, Police or an officer of the customs;
he shall be liable to a fine which may extend to five
thousand rupees.
219. Procedure where officer, seaman or apprentice not
shipped in
(a) while such imprisonment lasts, no person shall,
without the previous sanction in writing of the Federal Government or such
officer as it may appoint in this behalf, engage any citizen of Pakistan to
serve as an officer, a seaman or an apprentice on board such ship; and
(b) the Federal Government or such officer as it may
appoint in this behalf may tender such officer, seaman or apprentice to the
master or owner of the ship in which he is engaged to serve, and may, if such
master or owner, without assigning reasons satisfactory to the Federal
Government or to such officer, seaman or apprentice so tendered,. required the master
or owner to deposit in the local Shipping Officer,---
(i) the wages due to such officer, seaman or
apprentice and his money and effects; and
(ii) such sum as may, in the opinion of the Federal
Government or such officer as aforesaid, be sufficient to defray the cost of
the passage of such officer or seaman or apprentice to the port at which he was
shipped according to the scale of costs usual in the case of distressed seaman.
(2) If any person wilfully disobeys the prohibition
contained in clause (a) of sub-section (1), he shall be liable to a fine which
may extend to five thousand rupees.
(3) If any master or owner refuses or neglects to
deposit any wages, money, effects or so required under clause (b) of
sub-section (1), he shall be liable to a fine which may extend to five thousand
rupees.
220. Power to send on board office or seaman or
apprentice not shipped in
221. Deserters from foreign ships. (1) Where it appears to the Federal Government that
due facilities are or will be given by the Government of any country outside
Pakistan for recovering and apprehending officers or seamen or apprentices who
desert from Pakistani ships in that country, the Federal Government may, by
notification in the official Gazette, stating that such facilities are or will
be given, declare that this section shall apply to officers, apprentices or
seamen belonging to ships of such country, subject to such limitations or
conditions as may be specified in the notification.
(2) Where this section applies to officers or seamen
or apprentices belonging to ships of any country and any officer, seaman or
apprentice deserts from any such ship, when within Pakistan, any Court that
would have had cognizance of the matter if the officer, seaman or apprentice
had deserted from a Pakistani ship shall, on the application of consular
officer of that country, aid in apprehending the deserter and for that purpose
may, on information given on oath, issue a warrant for his apprehension and on
proof of the desertion order him to be conveyed on board his ship or delivered
to the master or mate of his ship or to the owner of the ship or his agent to
be so conveyed and any such warrant or order may be executed accordingly.
CHAPTER 16.
LITIGATION AGAINST SEAMEN
222.
Definitions. (1) In this
Chapter unless there is anything repugnant in the subject context,---
(a)
“Court” means a Civil or Revenue Court;
(b)
“proceeding” includes any suit, appeal or application; and
(c)
“Shipping Master” means,---
(i)
in the case of a seaman, the Shipping Master for the port at which the serving
seaman entered into or is believed to have entered into an agreement, or where
there is no such agreement, for the port to which the serving seaman has
returned or is expected to return on the completion of his last voyage; and
(ii)
in the case of masters and apprentices referred to in Section 230, the Shipping
Master for the port at which the agreements with the crew of the ship were
opened.
(2)
For the purposes of this Chapter, a seaman shall be deemed to be a serving
seaman during any period commencing on the day on which he enters into an
agreement and ending thirty days after the day on which he is finally
discharged from such agreement.
223.
Particulars to be furnished in plaints, etc. If any person presenting any plaint, application or appeal to
any Court has reason to believe that any adverse party is a serving seaman, he
shall make a statement accordingly in the paint, application or appeal.
224.
Power of Collector to intervene in case of an unrepresented seaman. If any Collector has reason to believe that
any seaman who ordinarily resides or has property in his District, and who is
party to any proceeding pending before any Court, is unable to appear therein
or is a serving seaman, the seaman, the Collector may certify the face in the
prescribed manner to the Court.
225.
Notice to be given in case of unrepresented seaman. (1) If a Collector has certified under
Section 224, or if a Court has reason to believe that a seaman who is a party
to any proceeding before the Court in unable to appear therein or is a serving
seaman, the Court shall suspend the proceeding and shall give notice thereof in
the prescribed manner to the Shipping Master:---
Provided
that nothing in this sub-section shall be deemed to require the Court to
suspend the proceeding,---
(a)
if the proceeding is one instituted or made by the seaman, alone or conjointly
with others, with the object of enforcing a right of pre-emption, or
(b)
if the interests of the seaman in the precessing are, in the opinion of the
Court, either identical with those of any other party thereto and adequately
represented by such other party, or merely of a formal nature.
(2)
If it appears to the Court before which any proceeding is pending that a seaman
though not a party to the proceeding is materially concerned in the outcome of
the proceeding and that his interest are likely to be prejudiced by his
inability to attend, the Court may suspend the proceedings and shall give
notice thereof in the prescribed manner to the Shipping Master.
226.
Postponement of proceedings.
(1) If, on receipt of a notice under Section 227, the Shipping Master certifies
to the Court in the prescribed manner that the seaman is a serving seaman, the
Court shall postpone the proceeding in respect of the seaman for the prescribed
period or, if no period has been prescribed, for such period as it thinks fit:---
Provided
that if, by reason of the continued absence of the seaman, the question of any
further postponement of the proceedings in respect of the seaman arises, the
Court shall in deciding the question have regard to the purposes of this
Chapter.
(2)
If the Shipping Master either certifies that the seaman is not for the time
being serving or fails within two months from the date of the receipt of the
notice under Section 227 to certify that the seaman is a serving seaman, the
Court may,---
if
it thinks fit, continue the proceeding.
227.
Power to set aside decrees and orders passed against serving seaman. (1) Where in any proceedings before a Court
a decree or order has been passed against any proceedings before a Court a
decree or order has been passed against any seaman while he was a serving
seaman, his legal representatives, may apply to the Court to have the decree or
order set aside, and if the Court, after giving an opportunity to the opposite
party of being heard, is satisfied that the interests of justice require that
the decree or order should be set aside as against the seaman, the Court shall,
subject to such conditions, if any, as it thinks fit to impose, make an order
accordingly and may, if it appears that any opposite party in the proceeding
has failed to comply with the provisions of Section 223, award, subject to such
conditions as may be prescribed, damages against such opposite party.
(2)
The period of limitation for an application under sub-section (1) shall be
sixty days from the date on which the seaman first ceases to be serving seaman
after the passing of the decree or order or where the summons or notice was not
duly served on the seaman in the proceeding in which the decree or order was
passed, form the date on which the applicant had knowledge of the decree or
order, whichever is later; and the provisions of Section 5 of the Limitation
Act, 1908 (IX of 1908), shall apply to such applications.
(3)
Where the decree or order in respect of which an application under sub-section
(1) is made is of such a nature that it cannot be set aside as against the
seaman only, it may be set aside as against all or any of the parties against
whom it was made.
(4)
Where a Court sets aside a decree or order under this section, it shall appoint
day for proceeding with the suit, appeal or application, as the case may, in
respect of which the decree or order was passed.
228.
Modifications of law of limitation where seaman is a party. In computing the period of limitation
provided in Section 227, or in the Limitation Act, 1908 (IX of 1908), or in any
other law for the time being in force, for any suit, appeal or application to a
Court to which a seaman is a party, the period or periods during which the
seaman has been a serving seaman, and, if the seaman has died while he was
serving seaman, the period from the date of his death to the date on which his
next of kin was first informed by the Shipping Master or otherwise, of his
death, shall be excluded:---
Provided
that this section not apply in the case of any suit, appeal or application
institute or made with the object of enforcing a right of preemption except in
except in such areas and in such circumstances as the Federal Government may,
be notification in the official Gazette, specify in this behalf.
229.
Reference in matters of doubt to Shipping master. If any Court is in doubt whether, for the
purposes of Section 227 or Section 228, a seaman is or was at any particular
time or during and particular period a serving seaman, it may refer the
question to the Shipping Master, and the certificate of the Shipping master
shall be conclusive evidence on the question.
230.
Provisions of this Chapter to apply to master and apprentices. The provisions of this Chapter shall apply
to a master and an apprentice as they apply to a seaman, except that,---
(a)
a master shall be deemed to be a “serving seaman” during any period commencing
on the day on which he assumes command or the ship and ending thirty days after
date on which he finally relinquishes such command; and
(b)
an apprentice shall be deemed to be a “serving seaman” during any period
commencing on the day on which he joins a ship and ending thirty days after the
date on which he leaves such ship.
231.
Power to make rules. (1)
The Federal Government, after consultation with the High Court, may, by
notification in the official Gazette, make rules to carry out the purposes of
this Chapter.
(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 manner and form in which any notice or certificate under this Chapter shall
be given;
(b)
the period for which proceedings or any class of proceedings shall be postponed
under sub-section (1) of Section 226;
(c)
the conditions subject to which damages may be awarded under sub-section (1) of
Section 228 and the amount of such damages; and
(d)
any other matter which is to be or may be prescribed.
CHAPTER 17 A.
UNIFORM
232. Uniforms to be prescribed. (1) The Federal Government may, by notification in
the official Gazette, makes rules prescribing the uniforms (hereinafter
referred to as the standard uniform) which a person employed on a Pakistani
ship shall be entitled to wear; and a different standard uniform may be
prescribed for persons of different positions or ranks.
(2) A person entitled to wear a standard uniform
shall, if so required by the rules but subject to the provisions of this
Chapter, wear the standard uniform appropriate to his position or rank.
233. Certificated officers may wear uniforms while
employed. A persons holding a
certificate of competency issued under this Ordinance and a citizen of
234. Uniforms when not to be worn. A person entitled to wear the standard uniform shall
not wear it while he is employed ashore other than as Marine Superintendent or
Engineer Superintendent.
235. Persons not to be dressed party in uniform. A person entitled to wear the standard uniform shall
not, when on board a Pakistani ship in a port or on shore, be dressed partly in
uniform and partly not in uniform.
236. Penalties. (1) If any person who is required to wear the standard uniform does not
so wear it, he shall be liable to a fine which may extend to five thousand
rupees.
(2) If any person, not being so entitled, wears the
standard uniform or any part thereof or any dress having the appearance or
bearing any of the distinctive marks of the standard uniform, he shall be
liable to a fine which may extend to five thousand rupees.
(3) If a person wear the standard uniform in such a
manner or under such circumstances as to be likely to bring contempt on the
uniform, he shall be liable to a fine which may extend to five thousand rupees:---
Provided that nothing in this sub-section shall apply
to the wearing of such uniform in the course or for the purpose of stage play
or representation or any other performance if the uniform is not worn in such a
manner or under such circumstances as to bring it into contempt.
(4) If any person entitled to wear the standard uniform
when on board a Pakistani ship in a port or on shore appears dressed partly in
uniform and partly not in uniform under such circumstances as to be likely to
bring contempt on the uniform, or, being entitled to wear the uniform
appropriate to a particular rank or position, wears the uniform appropriate to
some higher rank or position, he shall be liable to a fine which may extend to
five thousand rupees.
B. COMPLAINTS BY SEAMEN AND APPRENTICES
237. Facilities for making Complaints. (1) If a seaman apprentice, whilst on board ship,
states to the master that he desires to make a complaint against him on any of
the crew, when in Pakistan to the Shipping Master or a Magistrate, and when
outside Pakistan to a Pakistan consular officer, the master shall, as soon as
the service of the ship, may permit,---
(a) if the ship is then at a place where there is an
authority to whom the complaint is sought to be made, after such statement; and
(b) if the ship is not then at such a place, after her
first arrival at such a place,
allow the complainant to go ashore or send him ashore in proper cut he may be
enabled to make the complaint.
(2) If any master fails without reasonable cause to
comply with the provisions of this section, he shall, for each offence, be able
to a fine which may extend to five thousand rupees.
C. PROTECTION OF SEAMEN AND APPRENTICES
238. Salvage reward invalid. Subject to the provisions of this Ordinance, a salvage
reward payable to a seaman or apprentice made prior to the accruing thereof
shall not bind the person making the same, and power-of attorney or authority
for the receipt of any such salvage shall not be irrevocable.
239. Debts not recoverable till the conclusion of
agreed services. A debt incurred by
any seaman after he has engaged to serve shall not be recoverable until the
service agreed for is concluded.
240. Inspection of seaman’s lodging houses. A Shipping Master, Seaman’s Welfare Officer or any
officer duly authorised in this behalf may, at any time inspect any place where
seaman may be lodge and excluded from such lodging or require that persons of
improper character be excluded from such lodging or that the accommodation,
sanitary conditions and other matters connected with the proper maintenance of
such lodging be brought up to a prescribed standard.
241. Prohibition again taking out property from ship. (1) No person shall, while a ship is at any port or
place in
(2) Whoever contravenes the provisions of sub-section
(1) shall be liable to a fine which may extend to five thousand rupees.
242. Seamen’s property not to be detained. (1) If a person receives or takes into his possession
or under his control any money or other property of a seaman or apprentice and
does not return the same or pay the deduction of such amounts as may be justly
due to him from the seaman or therewith, he shall for each offence, be liable
to a fine which may extend to ten thousand rupees.
(2) Any Court imposing a fine under sub-section (1)
may direct the amount or such money or the value of the property subject to
such deduction as aforesaid, if any, or the property itself, to be forthwith
paid or delivered to the seaman or apprentice.
243. Ship not to be boarded without permission before
seamen leave. Where a ship has
arrived at a port or place in Pakistan at the end of a voyage and any person,
not being in the service of the Government or not being duly authorized by law
for the purpose, foes on board the ship without the permission of the master
before the seaman lawfully leave the ship at the end of their engagement or are
discharged (whichever happens last), the master of the ship may take such person
into custody and deliver him up forthwith to a police officer to taken before a
Magistrate to be dealt with according to the provisions of this Ordinance.
D. RESCISSION OF CONTRACTS
244. Power of Court to rescind contract between
master, owner or agent and seaman or apprentice. Where a proceeding in instituted in any Court in
relation to any disputed between the master, owner or agent of a ship and
seaman or apprentice, arising out of or incidental to their relation as such,
or in instituted for the purpose of this section, the Court, if, having regard
to all the circumstances of the case, thinks it just to do so, may rescind any
contract between the master or owner or agent and the seaman or apprentice upon
such terms as the Court may deem fit; and this power shall be in addition to
any power it may have in the exercise of any other jurisdiction which the Court
can exercise independently of this section.
E. MARITIME ADVISORY COMMITTEE
245. Constitution and functions Central Maritime
Advisory Committee. (1) The Federal
Government may, by notification in the official Gazette, constitute a Maritime
Advisory Committee, consisting of such representatives of ship owners, seaman
and the Federal Government as it may deem fit.
(2) The functions of the Committee shall be,---
(a) to prevent and adjust differences between ship
owners, and seaman;
(b) to advise the Federal Government on any
improvements to be made in the system of recruitment of seaman;
(c) to advise the Federal Government on the
improvements or modifications to be made in the terms and conditions of
employment of seaman, such as, standardization of their rates or wages, hours
of work, manning scale, and similar other matters;
(d) to advise the Federal Government on the steps to
be taken for ameliorating unemployment among seamen; and
(e) to advise the Federal Government on any other
matter relating to seaman which may be referred to it.
F. NATIONAL WELFARE BOARD FOR SEAMEN
246. Constitution of national Welfare Board for
seamen. (1) the Federal Government
may be, notification in the official Gazette, constitute an advisory board to
be called the national Welfare Board for seamen, hereinafter referred to as the
Board, for the purpose of advising the Federal Government on the measures to be
taken for promoting the welfare of seaman (whether ashore or on board ship)
generally and in particular the following, namely,---
(a) the establishment of hostels or boarding and
lodging houses for seamen;
(b) the establishment of clubs canteens, libraries and
other like amenities for the benefit of seamen;
(c) the establishment of hospitals for seamen of the
provision of medical treatment for seaman; and
(d) the provision of education and other facilities.
(2) The Federal Government may, by notification in the
official Gazette, make rules providing for,---
(a) the composition of the Board and the term of
office of members thereof;
(b) the procedure to be followed in the conduct of
business by the Board;
(c) the travelling and other allowances payable to
members of the Board;
(d) the levy of fees payable by owners of ships at
such rates as may be prescribed (which may be at different rates for different
classes of ships) for the purpose of providing amenities to seamen and for
taking other measures for the welfare of seamen;
(e) the procedure by which any such fees may be
collected or recovered and the manner in which proceeds of such fees, after
deduction of the cost of collection, shall be utilized for the purpose
specified in clause (d); and
(f) any other matter which it is necessary to
prescribe.
PART V. PASSENGER SHIPS
CHAPTER 18.
SURVEY OF PASSENGER SHIPS
247. Application. (1) This part applies to sea-going passenger ships propelled be
electricity or other mechanical power, but such provisions of Chapter 19 as
relate to special trade passenger ships, except Section 271, shall not apply to,---
(a) any such ship not carrying more than fifty special
trade passengers; or
(b) any such ship not intended to carry special trade
passengers to or from any port or place in Pakistan.
(2) Notwithstanding anything contained in sub-section
(1), the Federal Government may declare that all or any of the provisions of
Chapter 19 shall apply to sailing ships, or any class of sailing ships,
carrying more than fifteen special trade passengers.
Explanation. For any of the purposes of this Part, a
passenger over the age of one years shall be reckoned as one special trade
passenger.
248. No ship to carry passengers without a certificate
of survey. No ship shall take on
board, or carry between ports or places in Pakistan, or to any port or place
outside Pakistan more than twelve passengers unless she has a certificate of
survey in force and applicable to the voyage on which she is about to proceed
or the service on which she is about be employed.
249. Power of Federal Government to exempt certain
ships. The Federal Government may, by
notification in the official Gazette, declare the all or any, of the provisions
of this Chapter relating to the survey of ships shall not apply in the case of
any specified ship or class of ships, or shall apply thereto with such
modifications as the Federal government may direct.
250. No port clearance until certificate of survey
produced. No officer of Customs shall
grant a port clearance, nor shall any pilot be assigned, to any ship for which
a certificate of survey is required until after the production by the owner or
master thereof such certificate in force and applicable to the voyage on which
she is about to proceed and the service on which she is about to be employed.
251. Power to detain ship not having certificate of
survey. If any ship for which a
certificate of survey is required leaves or attempts to leave any port of
survey without a certificate, any Officer of Customs or any pilot on board the
ship may detain her until she obtains a certificate.
252. Owner or Agent responsible for survey. The owner or agent of every passenger ship for which a
certificate of survey is required shall cause it to be surveyed in the
prescribed manner.
253. Powers of surveyors. (1) For the purposes of a survey under this
Ordinance, any surveyor may, at any reasonable time, go on board a ship and may
inspect the ship and any part thereof, and the machinery, equipment or articles
on board thereof:---
Provided that a surveyor shall not, except to the
extent necessary for the purposes of this sub-section, hinder the loading or
unloading of the ship or detain or delay her from proceeding on any voyage.
(2) The owner, master and officers of the ship shall
afford to the surveyor all reasonable facilities for a survey, and all such
information respecting the ship and her machinery and equipments, or any part
thereof, respectively, as he reasonable requires.
254. Fees in respect of surveys. Before a survey under this chapter is commenced, the
owner, gent or mater of the ship to be surveyed shall pay to such officer, as
the Federal Government may appoint in this behalf,---
(a) a fee calculated on the tonnage of the ship
according to the prescribed rates; and
(b) such additional fee, in respect of the expenses,
(if any), of the journey of the surveyor to the port, as the Federal Government
may, by notification in the official Gazette, direct.
255. Powers of the Federal Government to direct that
two or more surveyors be employed. A
survey shall ordinarily be made by one surveyor, but two or more surveyors may
be employed if the Federal Government, by order in writing, so directs, either
generally in the case of all class of ships at any such port.
256. Division of duties when two or more surveyors employed. When a survey is made by two or more surveyors, of
the surveyors making the survey shall perform a prescribed portion of the
duties assigned by this Chapter or the rules made thereunder to a survey making
a survey.
257. Declaration of survey. When a survey is completed, the surveyor making it
shall forthwith, if satisfied that he can with propriety do so, give to the
owner or master of the ship surveyed a declaration of survey in the prescribed
form containing the following particularly, namely,---
(a) that the hull and machinery of the ship are
sufficient for the service intended and in good condition;
(b) that the equipment of the ship in such condition
and the certificates of the master, mate or mates, and engineer or engineers of
the radio operators are such as required by this Ordinance and by other law for
the time being in force and applicable to the ship;
(c) the time for which the hull, machinery and
equipment of the ship will be sufficient.
(d) the voyages or class of voyages on which, as regards
construction, machinery and equipment, the ship is in the Surveyor’s judgment
fit to ply;
(e) the number of passengers which the ship is, in the
judgment of the surveyor, fit to carry, distinguishing, if necessary, between
the respective numbers to be carried on the deck and in the cabins and in
different parts of the deck and cabins; the number to the subject to such
conditions and variations, according to the time of year, the nature of the
voyage, the cargo carried or other circumstances as the case requires; and
(f) any other prescribed particulars.
258. Sending of declaration by owner or master. (1) The owner or master to whom a declaration of
survey is given shall, within fourteen days after the date of the receipt
thereof, send the declaration to such officer as the federal Government may
appoint in this behalf.
(2) If the owner or master fails to comply with the
provisions of sub-section (1), he shall be liable to a fine which may extend to
five thousand rupees.
(3) The penalty imposed under sub-section (2) shall be
paid at the time of the delivery of the certificate of survey to the officer
appointed under sub-section (1).
259. Grant of certificate of survey by Federal
Government. (1) Upon the receipt of
declaration of survey, the Federal Government shall, if satisfied that the
provisions of this Chapter have been complied with, cause a certificate, in
duplicate, to be prepared and delivered, through such officer at the port at
which the ship was surveyed as the Federal Government may appoint in this
behalf, to the owner or master of the ship surveyed, on his applying and paying
the sums, if any, prescribed as payable on delivery of a certificate.
(2) A certificate granted under this section shall be
in the prescribed form, shall contain a statement to the effect that the
provisions with respect to the survey of the ship and the transmission of the
declaration of survey in respect thereof have been complied with, and shall set
forth,---
(a) the particulars concerning the ship which clauses
(c), (d) and (e) of Section 257 require the declaration of survey to contain;
and
(b) any other prescribed particulars.
(3) When a certificate relating to a ship is ready for
delivery the Federal Government shall cause notice thereof to be given by post
or otherwise to the owner or master of the ship.
260. Powers of the Federal Government to order a
second survey. (1) If a surveyor, or
surveyors, making a survey refuse to give a declaration of survey under Section
257 with regard to any ship, or give a declaration with which the owner, agent
or master of the ship surveyed is dissatisfied, the federal Government may, on
the application of the owner, agent or master, and on payment by him of such
fee, not exceeding twice the amount of the fee for the previous survey, as the
Federal Government may require, direct any other surveyor or surveyors to
survey, the ship.
(2) The Surveyor or surveyors so directed shall
forthwith survey the ship, and may, after the survey, either refuse to give a
declaration or give such declaration as under the circumstances seems to them
proper, and the decision of the surveyor or surveyors shall, subject to the
other provisions of this Chapter, be final.
261. Ships with certificates of survey or certificates
of partial survey granted outside
(a) that the ship has been officially surveyed at a
port in a country outside Pakistan;
(b) that the requirements of this Ordinance are
proved, by that survey, to have been substantially complied with; and
(c) that certificates of survey granted under this
Chapter are accepted in such country in lieu of the corresponding certificates
required under the laws in force in that country, the Federal Government may,
if it thinks fit, dispense with any further survey of the ship in respect of
the requirements so complied with, and give a certificate which shall have the
same effect as a certificate given survey.
(2) When the Federal Government has, by notification
in the official Gazette, declared that it is satisfied that an official survey
at a port in a country outside Pakistan specified in the declaration is such as
to prove that the requirements of this Ordinance have been substantially
complied with, any person authorised by the Federal Government in this behalf
may exercise the power, to dispense with a survey and to give a certificate,
conferred on the Federal Government by sub-section (1) in the case of any ship
furnished with a valid certificate of survey granted at such port.
(3) The provisions of sub-section (1) shall be
applicable in the case of ships furnished with valid certificates of partial
survey including docking certificates, as if they were ships furnished with
like certificates granted at ports in countries outside Pakistan subject to the
modification that the powers of the Federal Government under the said
sub-section may be exercised by any person authorised by the Federal Government
in the behalf.
262. Duration of certificate of survey. A certificate of survey shall not be in force,---
(a) after the expiration of one year or as prescribed
from the date thereof;
(b) after the expiration of the period, as specified,
for which the hull, boilers, engines or any of the equipment have been stated
in the certificate to be sufficient; or
(c) after notice has been given by the Federal
Government to the owner, agent or master of the ship to which the certificate
relates that the Federal Government has cancelled or suspended it.
263. Cancellation or suspension of certificate of
survey by Federal Government. Any
certificate of survey may be cancelled or suspended by the Federal Government
if it has reason to believe,---
(a) that the declaration by the surveyor of the
sufficiency and good condition of the hull, boilers, engines or any of the
equipment of the ship has been fraudulently or erroneously made; or
(b) that the certificate has otherwise been issued
upon false or erroneous information.
264. Alterations in ships subsequent to grant of
certificate of survey and additional surveys. (1) The owner, agent or master of a ship in respect of which a
certificate of survey has been granted and is in force shall, as soon as
possible after any alteration is made in the ship’s hull, equipment or
machinery, give written notice to such person as the Federal Government may
direct containing full particulars of the alteration.
(2) If the owner, agent or master of a ship, without
reasonable cause, neglects to give the notice required by sub-section (1), he
shall be liable to a fine which may extend to ten thousand rupees.
(3) If the Federal Government has reason to believe
that since the making of the last declaration of survey in respect of a ship;
or
(a) any such alteration as aforesaid has been in the
hull, equipment or machinery of the ship; or
(b) the hull, equipment or machinery of the ship have
sustained any injury of are otherwise insufficient, the Federal Government may
require the ship to be again surveyed to such extend as it may think fit, and
if such requirement is not complied with, may cancel any certificate of survey
in respect of the said ship.
265. Delivery of expired or cancelled certificate. (1) Every certificate of survey granted, or deemed to
have been granted, which has expired, or has been cancelled or suspended, shall
be delivered up to such person as the Federal Government may direct.
(2) If the owner, agent or master of a ship, without
reasonable cause, neglects or refuses to deliver up a certificate as required
by sub-section (1), he shall be liable to a fine which may extend to five
thousand rupees.
266. Certificate of survey to be affixed in
conspicuous part of ship. (1) The
owner, agent or master of every ship for which a certificate of survey has been
granted shall forthwith, on the receipt of the certificate cause one of the
duplicates thereof to be affixed, and kept affixed so long as the certificate
remains in force and the ship is in use, on some conspicuous part of the ship
where it may be easily read by all persons on board thereof.
(2) If the certificate is not so kept affixed, the
owner agent and master shall each be liable to a fine which may extend to five
thousand rupees.
267. Ship not to carry passengers in contravention of
the Ordinance. (1) No ship on any
voyage shall carry or attempt to carry any passenger in contravention of
Section 248, or shall have onboard or in any part thereof a number of
passengers which is grater than the number set forth in the certificate of
survey as tee number of passengers which the ship or the part thereof is fit to
carry on the voyage.
(2) The owner, agent and master of a ship in respect
of which the provisions of sub-section (1) are contravened shall each be liable
to a fine which may extend to one hundred thousand rupees.
268. Offences in connection with passenger ships. (1) If, in the case of a ship for which a certificate
of survey has been granted, any person,---
(a) being drunk or disorderly has been on that account
refused admission thereto by the owner or any person in his employ and, after
having the amount of his fare (if he has paid it) returned or tendered to him
nevertheless persists in attempting to enter the ship; or
(b) being drunk or disorderly on board the ship is requested
by the owner or any person in his employ to leave the ship at any place in
Pakistan at which he can conveniently do so, and after having the amount of his
fare (if he has paid it) returned or tendered to him, does not comply with the
request; or
(c) on board the ship after warning by the master or
other officer thereof, molests or continues to molest any passenger; or
(d) having gone on board the ship at any place and
being requested, on account of the ship being full, by the owner or any person
in his employ to leave the ship, before it has departed from that place and
having had the amount of his fare (if he has paid it) returned or tendered to
him, does not comply with the request; or
(e) travels or attempts to travel in the ship without
first paying his fare and with intent to avoid payment thereof; or
(f) on arriving in the ship at the place for which he
has paid his fare knowingly and wilfully refuses or neglects to quit the ship;
or
(g) on board the ship fails when requested by the
master or other officer thereof either to pay his fare or to exhibit such
ticket or other receipt, if any showing the payment of his fare as is usually
given to persons travelling by and paying fare for the ship,---
he shall be liable to a fine which may extend to five
thousand rupees but such punishment shall not prejudice the recovery of the
fare, if any, payable be him.
(2) If any person on board any such ship willfully
does or causes to the done anything in such a manner as to obstruct or injure
any part of the machinery, tackle of the ship or to obstruct, impede or molest
the crew or any of them in the navigation or management of the ship or
otherwise in the execution of their duty on or about the ship, he shall be
liable to a fine which may extend to ten thousand rupees but such punishment
shall not prejudice the recovery from him, by way of damages, of all losses and
expenses suffered or incurred by the ship on account of his account.
(3) The master or other officer of any such ship and
all persons called by him to his assistance ma, without warrant, detain any
person who commits any offence thereunder and and whose name and address are
unknown to the master or officer convey the offender with all convenient
despatch before the nearest Magistrate to be dealt with according to law.
269. Power to exclude drunken passenger from passenger
ship. The masterof any passenger ship
may refuse to receive on board thereof any person who by reason of drunkenness
or otherwise is in such a state or misconduct himself in such manner as to
cause annoyance or injury to passengers on board, and if any such person is on
board, may put him on shore at any convenient place; and a person so refused
admittance or put on shore shall not be entitled to the return of any fare he
has paid.
270. Power to make rules. (1) The Federal Government may, be notification in
the Official Gazette, make rules to regulate making of surveys.
(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 times and places at which, and the manner in
which, surveys are to be made;
(b) the requirements as to construction, machinery,
equipment and marking of sub-division load lines, which are to be fulfilled
before a declaration of survey may be granted;
(c) the duties of the surveyor making a survey, and
where two or more surveyors are employed, the respective duties of each of the
surveyors employed;
(d) the form in which the declarations of survey and
certificates of survey are to be made, and the nature of the particulars which
are to be stated therein respectively; and (e) the rates according to which the
fees payable in respect of surveys are to be calculated in the case of all or
any of the ports of survey and sums payable on delivery of certificate.
(e) the rates according to which the fees payable in
respect of surveys are to be calculated in the case of all or any of the ports
of survey and sums payable on delivery of certificate.
CHAPTER 19.
SPECIAL TRADE PASSENGER SHIPS
271. Special trade passenger ships to be mechanically
propelled. (1) No ship shall carry
more than fifty special trade passengers unless she is propelled wholly by
electricity or other mechanical means of power.
(2) The owner, agent and master of a ship in respect
of which the provisions of sub-section (1) are contravened shall each be liable
to a fine which may extend to fifty thousand rupees.
272. Places appointed by Federal Government. (1) A special trade passenger ship shall not depart or
proceed on a voyage from or receive on board or discharge special trade
passengers at, any port or place within
(2) After a ship has departed or proceeded on a voyage
from a port or place so appointed, a person shall not be received on board as a
special trade passenger except at some other port or place so appointed.
273. Notice to be given on day of departure. (1) The owner, agent or master of a special trade
passenger ship intending to depart or proceed on a voyage from a port or place
appointed under Section 272 shall give notice to an officer appointed in this
behalf by the Federal Government stating that the ship is to carry special
trade passengers and also specifying her destination and the time at which it
is proposes to depart or proceed.
(2) The notice under sub-section (1) shall be given
not less than twenty-four hours before the time of the ship’s departure or
proceeding on a voyage, if in Pakistan, at the original port from which she
departs or proceeds on a voyage, and, in other cases, at the first port in
Pakistan at which she touches.
(3) The owner, agent and master of a ship in respect
of which the provisions of sub-section (1) are not complied with shall each be
liable to a fine which may extend to five thousand rupees.
274. Power to enter on and inspect ship. After receiving the notice under Section 273, the
officer or a person authorised by him may at all times enter on the ship and
inspect her and her fittings and the provisions and stores on board.
275. Special trade safety and space certificate. (1) If after inspection and survey the Federal
Government is satisfied in respect of a special trade passenger ship that the
ship complies with the requirements of the rules mentioned in sub-sections (2)
and (3), it shall, on an application by the owner or master of the ship, cause,
in addition to the certificate referred to in Section 342, to be prepared and
delivered to the owner or master, a special trade passenger ship safety
certificate and a special trade passenger ship space certificate.
(2) A special trade passenger ship safety certificate
shall be in the prescribed form and shall state that the ship has been surveyed
and complies with the rules annexed by the Special Trade Agreement applicable
to a voyage within the special trade area.
(3) A special trade passenger ship space certificate
shall be in the prescribed form, shall indicate the name of the ship, her
distinctive number or letters, port of registry, gross tonnage, date on which
keel was laid and space available for accommodation of special trade
passengers, and shall state that the ship has been surveyed and that the spaces
shown have been found to comply with the requirements of the rules annexed to
the Protocol on Space Requirements for Special Trade Agreement.
(4) A Certificate issued under sub-section (2) or
sub-section (3) shall remain in force for a period of one year from the date to
issue or for such period as may be specified therein.
276. Ship not to sail without certificate A and B. (1) A ship intended to carry special trade
passengers, between ports or places in Pakistan shall not commence a voyage
from any port or place appointed under sub-section (1) of Section 272 unless
the master holds certificates to the effects mentioned in Section 277 and 278.
(2) A ship intended to carry special trade passengers
from or to port or place in Pakistan to or from a port or place outside
Pakistan shall not commence a voyage from any port or place appointed under
sub-section (1) of Section 272 unless the master holds,---
(i) a passenger ship safety certificate;
(ii) an exemption certificate;
(iii) a special trade passenger ship safety
certificate;
(iv) a special trade passenger ship space certificate;
and
(v) a certificate referred to in Section 278.
(3) The officer of Customs whose duty it is to grant a
port-clearance for the ship shall not grant it unless the master holds the
appropriate certificate for the voyage specified in sub-section (1), or as the
case may be in sub-section.
277. Contents of certificate a. (1) The first of the certificates, referred to in
sub-section (1) of Section 276 (hereinafter called certificate A) shall be in
the prescribed form and contain such particulars as may be prescribed.
(2) In particular, and without prejudice to the
generality of the foregoing provisions, certificate A contain the following
statements and particulars, namely,---
(i) that the ship is seaworthy;
(ii) that the ship is properly equipped fitted and ventilated;
(iii) the number of special trade passengers the ship
is certified to carry; and
(iv) such other particulars as may be prescribed.
(3) Certificate a shall remain in force of for a
period of one year from the date of issue or for such shorter period as may be
specified therein.
278. Contents of certificate B. The second of the certificates, referred to in
sub-section (1) of Section 276 (hereinafter called certificate B) shall be in
the prescribed form and shall state,---
(a) the voyage which the ship is to make and the
intermediate ports; is any, at which she it to touch;
(b) that she has proper complement of officers and
seamen;
(c) that the master holds,---
(i) a certificate of survey and certificate A; or
(ii) a passenger ship safety certificate accompanied
by an exemption certificate, a special trade passenger ship safety certificate
and a special trade passenger ship space certificate; or
(iii) a nuclear passenger ship safety certificate;
(d) that she has on board such number of medical
officers licensed in the prescribed manner and such number of medical
attendants, if any, as may be prescribed;
(e) that food, fuel and fresh water over and above
what is necessary for he crew, and the other things, if any, prescribed for
special trade passenger ships, have been placed on board, of the quality
prescribed, properly packed, and sufficient to supply the special trade
passengers on board during the voyage which the ship is to make (including such
detention in quarantine as may be probable) accordingly to the prescribed
scale;
(f) if the ship is to make a voyage is a season of
foul weather prescribed as such and to carry upper-deck-passengers, that she is
furnished with sufficient bulwarks and double awnings or with other sufficient
protection against the weather;
(g) the number of cabins and special trade passengers
embarked at the port of embarkation; and
(h) such other particulars, if any, as may be
prescribed for special trade passengers.
279. Customs Collector or officer of Customs not to
grant port-clearance certificate. The
Customs collector or any officer of Customs shall not grant a port clearance to
a ship intended to carry special trade passengers unless the master thereof
holds certificate B issued under Section 278.
280. Survey of ship. After receiving the notice under Section 273 the certifying officer
may, if he thinks fit, cause the ship to be surveyed at the expense of the
master of owner by a surveyor, who shall report to him whether the ship is in
his opinion, seaworthy and properly equipped, fitted and ventilated for the
service of which she is to be employed:---
Provided that he shall not cause a ship holding a
valid certificate referred to in sub-clauses (i) (ii), or (iii) of clause (c)
of Section 278 to be surveyed unless, by reason of the ship having met with
damage or having undergone alterations, or other reasonable grounds, he
considers it likely that she may be found unseaworthy or not properly equipped,
fitted or ventilated for the service on which she is to be employed.
281. Discretion as to grant of certificate B. (1) Save as provided in sub-sections (2) and (3), it
shall be in the discretion of the certifying officer to grant or withhold
certificate B and, when he withholds the certificate, he shall communicate the
reasons thereof to the person concerned.
(2) The certifying officer shall not grant certificate
B if he has reason to believe that the weather conditions are likely to be
adverse or that the ship has on board any cargo likely from its quality,
quantity or of stowage to prejudice the health or safety of the special trade
passengers.
(3) In the exercise of his discretion, the certifying
officer shall be subject to the control of the Federal Government and of any
authority appointed by it in this behalf.
282. Copy of certificate to be exhibited. The master or owner of a special trade passenger ship
shall post in a conspicuous part of the ship, so as to be visible to persons on
board thereof, a copy of each of the certificates granted under this Chapter in
respect of the ship, and shall keep those copies so posted up throughout the
voyage.
283. ship taking additional passengers at intermediate
places. If any special trade
passenger ship performing a voyage between ports or places in Pakistan takes
additional special trade passengers on board at an intermediate port or place,
the master shall obtain from the certifying officer at that port or place a
supplementary certificate stating,---
(a) the number of special trade passengers so taken on
board; and
(b) that food, fuel and fresh water over and above
what is necessary for the crew and the other things, if any, prescribed for
such a ship, have been placed on board, of the quality prescribed, properly
packed and sufficient to supply the special trade passengers on board during the
voyage which the ship is to make, including such detention in quarantine as may
be probable, according to the prescribed scale:---
Provided that on such supplementary certificate shall
be necessary if the certificate B held by the master of the ship states that
food, fuel and fresh water over and above what is necessary for the crew, and
the other things, if any, proscribed for such ships, have been placed on board,
of the quality prescribed, properly packed and sufficient to supply the full
number of special trade passengers which she is capable of carrying, and the
master obtains thereon from the certifying officer an endorsement showing the
number of passengers taken on board, and the number of passengers discharged,
at that port or place.
284. Statements concerning passengers. (1) The master of a special trade passenger ship
departing or proceeding on voyage from any port or place in Pakistan to any
port or place outside Pakistan shall sign a statement in duplicate, specifying
the total number and the respective sexes of all the special trade passengers,
and the number of the crew, and shall deliver them to the certifying officer
who shall thereupon, after having first satisfied himself that the numbers are
correct, countersign and return to the master one of the statements.
(2) The master of a special trade passenger ship shall,---
(a) if after the ship has departed or proceeded on
such a voyage any additional special trade passengers are received on board at
a port or place within Pakistan appointed in this behalf under section 272; or
(b) if the ship upon her voyage touches or arrives at
any such port or place, having previously received on board additional special
trade passengers at any port or place outside Pakistan, obtain a fresh
certificate to the effect of certificate B from the certifying officer at the
said port or place within Pakistan and shall make and deliver an additional
statement specifying the total number and the respective sexes of all the
additional passengers.
285. Deaths on voyage. (1) When a special trade passenger ship reaches her
port or place of destination after performing a voyage between ports or places
in
(2) The master of a special trade passenger ship
performing a voyage between a port or place in Pakistan to a port or place
outside Pakistan shall not in writing on the statement returned to him under
sub-section (1) of Section 284 and on any additional statement referred to in
sub-section (2) of that section, the date and the supposed cause of death of
any special trade passenger who may die on the voyage, and shall, when the ship
arrives at her port or place of destination or at any port or place where it
may be intended to discharge special trade passengers, and before any passenger
leaves the ship, produce the statement with any addition made thereto,---
(a) where such port or place is in Pakistan, to the
certifying officer or the Customs-Collector; and
(b) where such port or place is outside Pakistan, to
Pakistan consular officer.
286. Special trade passenger ships to carry medical
officers. Every ship carrying special
trade passenger shall be provided with a hospital with such medical stores and
equipment as may be prescribed and shall have on board as part of her
complement,---
(a) where the number of special trade passengers
carried does not exceed one hundred, at least one medical officer possessing
such qualifications as may be prescribed; and
(b) where the number of such passenger exceeds one
hundred, in addition to a medical officer, such number of medical attendants as
may be prescribed.
287. Penalty for non-compliance with certain
provisions. If a master, owner or
agent of a special trade passenger ship,---
(a) fails, without reasonable cause, the burden of
proving which shall lie upon him, to obtain any such supplementary certificate
as is mentioned in Section 283; or
(b) fails to comply with any of the requirement of Sections
274, 282, 284 or 286; or
(c) wilfully makes any false entry or note in or on
any statement referred to in Sections 284, or 285, he shall be liable to fine
which may extend to fifty thousand rupees.
288. Penalty for bringing passengers from any foreign
port in excess of authorised number.
If a ship carrying special trade passengers from any port or place beyond
Pakistan to any port or place in Pakistan has no board a number of passengers
greater either than the number allowed for the ship, by or under this Chapter,
or than the number allowed by the licence or certificate, if any, granted in
respect of the ship at her port or place of departure, the master and owner
shall, for every special trade passenger in excess of that number, be each
liable to a fine which may extend to fifty thousand rupees.
289. Penalty for failing to supply special trade
passengers with prescribed provisions.
(1) If the master of a special trade passenger ship, or any contractor employed
by him for the purpose, without reasonable cause, the burden of proving which
shall lie upon him, omits to supply to any special trade passenger the
prescribed allowance of food, fuel and water, he shall liable to a fine which
may extend to five thousand rupees for every special passenger who has
sustained detriment by the omission to supply the prescribed provisions.
(2) Where, under the terms of the ticket issued to a
special trade passenger, he is not entitled to the supply of food as fore said;
sub-section (1) shall have effect in relation to such passenger as if reference
therein to “food” were omitted.
290. Penalty for ship unlawfully departing or
receiving passengers on board. (1) If
a special trade passenger ship departs or proceeds on a voyage from, or
discharges special trade passengers at any port or place within Pakistan in
contravention of the provisions of this Chapter, or if a person is received as
a special trade passenger on board any such ship in contravention of any such
provision, the master or owner shall, for every special trade passenger carried
in the ship, or for every special trade passenger carried in the ship, for
every special trade passenger so discharged or received on board, be liable to
a fine which may extend to ten thousand rupees.
(2) The Customs-Collector, if he has reasonable
grounds to believe that the master or owner of a ship has contravened the
provision of sub-section (1), may seize and detain the ship, whenever found in
any port or place within Pakistan, until such contravention has been
adjudicated and the payment of the fines, if any, imposed on the master or
owner with all costs has been enforced.
291. Penalty for fraudulent alteration in ship after
certificate obtained. If the master
of a special trade passenger after having obtained any of the certificate
mentioned in this Chapter fraudulently does not suffers to be done anything
where by a certificate becomes inapplicable to the altered state of the ship,
or her special trade passengers or other matters to which the certificate
relates, he shall be liable to a fine which may extend to one hundred thousand
rupees.
292. Number of passengers on board not to exceed that
allowed by or under this Chapter. (1)
No special trade passenger ship on any voyage shall carry or attempt to carry a
number of special trade passengers which is greater than the number allowed for
the ship by or under this Chapter.
(2) The owner, agent and master of a ship in respect
of which the provisions of sub-section (1) contravened shall each be liable to
a fine which may extend to one hundred thousand rupees.
293. Penalty for discharging special trade passengers
at any port or place other than that contracted for. If the master of special trade passenger ship
discharges any special trade passenger at any port or place other than the port
or place contracted for by the passenger, except with his previous consent, or
except when the discharge is made necessary by perils of the sea or other
unavoidable accident, the master shall, for each offence, be liable to a fine
which may extend to ten thousand rupees.
294. Penalty for making voyage in contravention of
contract. If a special trade
passenger ship, otherwise than by reason of perils of sea or other unavoidable
accident, touches at any port or place in contravention of any express or
implied contract or engagement with the special trade passengers with respect
to the voyage which the ship was to make and the time which that voyage was to
occupy, whether the contract or engagement was made by public advertisement or
otherwise, the master and owner shall each be liable to a fine which may extend
to ten thousand rupees.
295. Forwarding of passengers by
(2) A passenger so forwarded by a Pakistan consular
officer shall not be entitled to the return of his passage money or to any
compensation for loss of passage.
296. Recovery of expenses incurred in forwarding
passengers. (1) All expenses incurred
under Section 295 by a Pakistan consular officer in respect of the forwarding
of a passenger to his destination, including the cost of maintaining the
passenger until he is forwarded to his destination, shall be a debt due to the
Federal Government jointly and severally from the owner, charterer, agent and
master of the ship on board which the passenger had embarked.
(2) In any proceeding for the recovery of that debt a
certificate purporting to be under the hand of the Pakistan consular officer
and stating the circumstances of the case and the total amount of the expenses
shall be prime facie evidence of the amount of the expenses and of the fact
that the same were duly incurred.
297. Information to be sent by ports of embarkation
and dis-embarkation. (1) The officer
appointed by the Federal Government in this behalf, at any port or place within
Pakistan at which a special trade passenger ship touches or arrives, shall send
and particulars which he may deem important, respecting the special trade
passenger ship, and the special trade passengers carried therein, to the
officer at the port or place from which the ship commenced her voyage, and to the
officer at any other port or place within Pakistan where the special trade
passengers or any of them embarked or are to be disembarked.
(2) the officer aforesaid may go on board any such
ship and inspect herein order to ascertain whether the provisions of this
Chapter as to the number of special trade passengers and other matters have
been complied with.
298. Information sent under Section 297, etc. to be
admissible in evidence. In any
proceeding for the adjudication of any penalty incurred under this Chapter, any
document purporting to be particulars sent under sub-section (1) of Section 297
or a copy of the proceedings of any Court of law duly authenticated, and also
any like document purporting to be made and signed by Pakistan consular officer
shall be received in evidence, if it appears to have been officially
transmitted to any officer at or near the place where the proceeding under this
Chapter is held.
299. power to make rules as to special trade passenger
ships. (1) The Federal Government
may, by notification in the official Gazette, make rules to carry out the
purposes of this chapter.
(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 classification of voyages with reference to
the distance between the port of departure and the port of destination, the
duration of the voyage or any other consideration which the Federal Government
may think fit to take into account for the purpose;
(b) the seasons of fair weather and seasons of foul
weather for purposes of any voyage;
(c) the space to be allowed for special trade
passengers, in respect of different classes of voyages and for seasons of fair
and foul weather;
(d) the disallowance of any space considered
unsuitable by the surveyor for the carriage of special trade passengers;
(e) the space to be set apart for alleyways, passages
and the like;
(f) the provision of airing space for special trade
passengers;
(g) the scale according to which dining rooms,
latrines, wash places, baths, dressing rooms and other amenities are to be
provided;
(h) the provision of separate accommodation for women
and children;
(i) the prohibition or regulation of the carriage of
cargo in any space reserved for passengers;
(j) where the deck on which special trade passengers
are accommodated is not covered with wood, the nature of the sheathing to be
provided in the space reserved for passengers;
(k) the disposal of baggage of passengers on board
ship and the provisions of separate space in the between decks for the storage
of light baggage;
(l) the conditions under which passengers may be
allowed to be carried in the upper deck in seasons of foul weather;
(m) the provision of bunks for special trade
passengers or for any proportion of such passengers on any specified classes of
voyage, and the size and other particulars relating to be so provided;
(n) the scale on which food and water are to be
supplied to passengers or to any class of passengers, and the quality of the
food, fuel and water;
(o) the nature and extend of hospital accommodation
and the medical stores and other appliances and fittings to be provided on
board for maintaining health, cleanliness and decency;
(p) the licensing and appointment of medical officers
and attendants in cases where they are required by this Chapter to be carried;
(q) the anchors and cables to be provided on board;
(r) the instruments to be supplied for purposes of
navigation;
(s) the functions of the master, medical officer, if
any, and other officers of the ship during the voyage;
(t) the access of between decks passengers to the
upper-deck;
(u) the local limits within which, and the time and
mode at and in which passengers are to be embarked or disembarked at any port
or place appointed under this Chapter in that behalf;
(v) the time within which any ship of a specified
class is to depart or proceed on her voyage after commencing to take passengers
on board;
(w) the conditions under which live-stock may be
allowed to be carried; and
(x) the licensing, supervision and control of persons
engaged in assisting persons to obtain special trade passenger accommodation in
ship departing or proceeding from any port or place in Pakistan and prohibition
of unlicensed persons from being so engaged.
CHAPTER 20.
PILGRIM SHIPS
300 Application of certain provisions of Chapter 19 to
pilgrim ships. The provisions of
Sections 272 to 282 (both inclusive) and Sections 289 to 298 (both inclusive)
shall, so far as they are not inconsistent with the provisions of this Chapter,
shall apply to pilgrim ships as the apply to special trade passenger ships, and
for the purpose of such application,---
(a) all reference therein to special trade passenger
ships and special trade passengers shall be construed as references to pilgrim
ships and to pilgrims respectively; and
(b) clauses (f) and (g) of Section 278 shall be deemed
to have been omitted.
301. Pilgrim ships to be mechanically propelled. (1) No ship shall be employed, or proceed on a
voyage, as a pilgrim ship unless she is propelled wholly by electricity or
other mechanical means of power.
(2) The owner, agent and master of a ship in respect
of which the provisions of sub-section (1) are contravened and each be liable
to a fine which may extend to fifty thousand rupees.
302. Accommodation, etc; for pilgrims. (1) The Federal Government may, by rules, determine
the number of pilgrims to be carried on any pilgrim ship and the accommodation
to be provided for each pilgrim on board such ship.
(2) Every pilgrim ship shall have reserved for the use
of the pilgrims on board gratuitously by day and by night so much of the
upper-deck space as is not required for the airing space of the crew or for
permanent structures and, subject to any rules made in this behalf, such space
be allotted among the different classes of pilgrims in such proportion as may
be thought fit:
Provided that the upper-deck space available for pilgrims shall in no case be
less than 0.56 square meters (six square feet) for each pilgrim of each class.
303. Disposal of pilgrims baggage. The baggage of all pilgrims shall be disposed of on
board in such manner as may be prescribed.
304.
305. Statement concerning pilgrims to be delivered
before ship departs. The master of
every pilgrim ship departing or proceeding on a voyage from port in Pakistan
shall sign a statement in duplicate in the prescribed form specifying the total
number and the number of each sex of all the pilgrims embarked and the number
of the crew, and such other particulars as may be prescribed, and shall deliver
both copies to the certifying officer who shall thereupon, after having first
satisfied himself that the entries are correct, countersign and return to the
master one of the copies.
306. Death on voyage. The master of every pilgrim ship shall note in
writing on the copy of the statement returned to him under Section 305, and on
any additional statement to be made under Section 305, and on any additional
statement to be made under Section 307, the date and the supposed cause of
death of any pilgrim who may die on the voyage, and shall when the pilgrim ship
arrives at her port or place of destination or any port or place at which it
may be intended to discharge pilgrims, and before any pilgrims disembark,
produce the statement, with any additions made thereto,---
(a) where such port or place is in Pakistan, to the
certifying officer or the officer of Customs; and
(b) where such port of place is outside Pakistan, to
the Pakistan consular officer.
307. Pilgrim ship taking additional pilgrims at
intermediate place. The master of a
pilgrim ship shall,---
(a) if, after the ship has departed or proceeded on
her voyage, any additional pilgrims are received on board at a port or place
within Pakistan appointed in this behalf under Section 272; or
(b) if the ship upon her voyage touches or arrives at
any such port or place, having previously received on board additional pilgrims
at any place beyond Pakistan, obtain a fresh certificate on the lines of
certificate b from the certifying officer at the said port or place, within
Pakistan and shall make and deliver an additional statement, in duplicate in
the prescribed form in respect of such additional pilgrims.
308. Statement concerning pilgrims to be delivered
before pilgrims disembark in
309. Penalty for not complying with requirements as to
statements concerning pilgrims, etc.
If the master of a pilgrim ship fails to comply with any of the requirements of
Section 305, or Section 306, or Section 308 as to the statements concerning
pilgrims, or willfully makes any false entry or note in or on any such
statement, or fails to obtain any such fresh certificate or to make any such
statement of the number of additional pilgrims as in mentioned in Section 307,
he shall, in respect of each offence, be liable to a fine which may extend to
ten thousand rupees.
310. Certain pilgrim ships to carry medical officers
and attendants. (1) Every pilgrim
ship carrying pilgrims and crew exceeding one hundred in number shall have on
board a medical officer possessing such qualifications as maybe prescribed,
and, if the number of pilgrims and crew carried exceeds on thousand, a second
medical officer similarly qualified, and if the aforesaid number exceeds two
thousand, a third medical officer similarly qualified, and also in all cases
attendants as may be prescribed; and such medical officers and attendants shall
give their services free to all pilgrims on board.
(2) If medical officers and attendants are not carried
on a pilgrim ship in accordance with the provisions of sub-section (1), the
master, owner and agent shall each, be liable to a fine which may extend to
fifty thousand rupees.
(3) Any medical officer or attendants on a pilgrim
ship who charges any pilgrim on such ship for this services shall, for each
offence, be liable to a fine which may extend to ten thousand rupees.
311. Medical officer’s diaries and reports. Every medical officer on a pilgrim ship shall keep
such diaries and shall submit such reports or other returns as may be
prescribed.
312. Bond where pilgrim ship proceeds on outward
voyage. (1) Portclearance shall not
be granted from any port in Pakistan to any pilgrim ship unless the master,
owner or agent and two sureties resident in Pakistan have executed, in favour
of the federal Government, a joint and several bond for the sum of fifty
thousand rupees covering all voyages which may be made by the ship in the
current pilgrim season, conditional that,---
(a) the master and medical officer, as the case may
be, shall comply with the provisions of this Chapter and the rules made
thereunder; and
(b) the master, owner or agent, as the case may be,
shall pay any sum claimed by the Federal Government under Section 318.
(2) A bond may be given under this section covering
any or all of the pilgrim ships owned by one owner, and in such case the amount
of the bond shall be fifty thousand rupees for each ship covered.
313. Medical inspection and permission required before
embarkation of pilgrims. (1) No
pilgrim shall be received on board any pilgrim ship at any port or place in
Pakistan unless and until he or she has been medically inspected, at such time
and place, and in such manner, as the Federal Government may fix in this
behalf, nor until the certifying officer has given permission for the
embarkation of pilgrims to commence.
(2) So far as may be practicable, and subject to any
rules made in this behalf, the medical inspection of female pilgrims shall be
carried out by women.
(3) No pilgrim shall be received on board any pilgrim
ship unless he or she produces medical certificates signed by persons, who, in
the opinion of the officer making an inspection under this section, are duly
qualified to grant such certificates, showing that such pilgrim has been, with
such period embarkation, inoculated or vaccinated against any such disease as
may be prescribed.
(4) If, in the opinion of the officer making an
inspection under this section, any pilgrim as suffering from cholera or choleraic
indisposition, or any dangerously infectious or contagious disease, or show any
signs of the same or any other suspicious symptoms, such pilgrim shall not be
permitted to embark.
(5) All articles which have been contaminated by
persons suffering from cholera or choleraic indisposition, or any dangerously
infectious or contagious disease or are suspected of having been so
contaminated shall, supervision of a medical officer appointed by the Federal
Government for the purpose, in such manner as may be prescribed.
(6) If the master of any ship knowingly receives on
board any pilgrim or contaminated articles in contravention of any of the
provisions of this section, he shall be liable to a fine which may extend to
ten thousand rupees.
314. Medical inspection after embarkation in certain
cases. (1) If in any case a pilgrim
ship does not proceed on her voyage within forty-eight hours after all the
pilgrims have been received on board, and there is reason to suspect that any
person on board is suffering from cholera or choleraic indisposition or any
dangerously infectious or contagious disease, a medical inspection of all
person on board may be held in such manner as the Federal Government may
direct.
(2) If on such inspection any person is found to be
suffering from cholera or choleraic indisposition or any dangerously infectious
or contagious disease, or shows any signs of the same or any other suspicious
symptoms, he shall, together with all articles belonging to him, be at once
removed from the ship.
(3) If the master knowingly keeps on board any pilgrim
or article ordered to be removed under this section, he shall be liable to a
fine which may extend to ten thousand rupees.
315. Return passage to be secured. No pilgrim shall be received on board any pilgrim ship
at any port or place in Pakistan unless he,---
(a) is in possession of a return ticket; or
(b) has deposited in the prescribed manner such sum
for the purpose of defraying the cost of a return ticket as the Federal
Government may, be notification in the official Gazette, specify:---
Provided that the officer authorised in the behalf by
the Federal Government may, if he is satisfied that it is inexpedient in the
special circumstances of the case to enforce all or any of the above
requirements, exempt any pilgrim from the same.
316. Issue
or production of tickets. (1) Every pilgrim travelling on a pilgrim ship shall
shall be entitled, on payment of his passage-money and fulfilment of other
prescribed conditions, if any, to receive a ticket in the prescribed form, and
shall be bound to produce it to such officers and on such occasions as may be
prescribed and otherwise to deal with it in the prescribed manner:
Provided that no pilgrim who has not been exempted under the proviso to Section
315 shall be given a ticket unless he has made the deposit required by that
section.
(2) Any ticket issued to a pilgrim for a voyage on a
pilgrim ship shall entitle him to receive food and water, on the scale and of
the quality prescribed and necessary medicines and medical treatment free of
further charge, throughout the voyage.
317. Refund of deposits and passage-money. (1) Every pilgrim prevented from embarking under
Section 313 or removed from the ship under Section 314 shall be entitled to the
refund of any passage-money which he may have paid, and of any deposit which he
may have made under Section 315.
(2) Any pilgrim who, within two months of his sailing
from Pakistan, satisfies the Pakistan consular office at Jeddah that he intends
to remain in the Kingdom of Saudi Arabia, or to return to Pakistan by a route
other than route by which he came from Pakistan, shall be entitled to a refund
of any deposit made by him under Section 315 or, if he is in possession of a
return ticket, to a refund of half the passage-money paid by him.
(3) where any pilgrim dies in the Kingdom of Saudi
Arabia or on the voyage thereto, any person nominated by him in this behalf in
writing in the prescribed manner, or, if no person has been so nominated his
legal representative shall be entitled to a refund of any deposit made by such
pilgrim under Section 315, or, if such pilgrim was in possession of a return
ticket, to a refund of the passage-money paid by such pilgrim.
(4) Where any pilgrim fails to return to Pakistan from
the Kingdom of Saudi Arabia within Six months of his sailing from Pakistan, or
returns to Pakistan by a route other than the route by which he came from
Pakistan, he or any person nominated by him in this behalf in writing in the
prescribed manner shall be entitled to a refund of any deposit made by such
pilgrim under Section 315, or, if such pilgrim was in possession of a return
ticket, to a refund of half the passage-money paid by such pilgrim except where
such deposit or passage-money has already been refunded under this section.
(5) Refunds under sub-sections (1), (2), (3) and (4)
of deposits shall be subject to such conditions and of passage-money to such
deductions and conditions as may be prescribed.
318. Unclaimed deposits and passage money to vest in
Federal Government. (1) All deposits
made under Section 315 which have been unclaimed for the prescribed period
shall vest in the Federal Government.
(2) If any pilgrim entitled to a refund of
passage-money under sub-section (1) of Section 317, does not claim such refund
within the prescribed period, or if any pilgrim who has purchased a return
ticket does not on the basis of such ticket obtain a return passage from the
Kingdom of Saudi Arabia within the prescribed period and the value of the
return half of such ticket has not been refunded under sub-section (2) or (3)
or (4) of the aforesaid section, such passage-money or value shall vest in the
Federal Government.
(3) Unclaimed deposits and passage-money vesting in
the Federal Government under sub-section (1) or sub-section (2) shall be made
over to such authority administering any fund maintained for the assistance of
pilgrims as the Federal Government may, by general or special order, designate
in this behalf.
319. Cost of return journey of pilgrims on ships other
than those for which return ticket is available. (1) The master, owner or agent of a pilgrim ship shall
make all arrangement for ensuring the return ex-Jaddah, within a period of
sixty days after the Hajj day, of all pilgrims in possession of return tickets
issued in Pakistan who are carried to the Kingdom of Saudi Arabia by such ship:
Provided that, for the purpose of computing the said period of sixty days, no
period shall be taken into account during which the ship is prevented from
carrying pilgrims on the return passage by reason of the port of Jaddah having
been declared by proper authority to be infected, or by reason of was,
disturbance, or any other cause not arising from any act or default of the
master, owner or agent.
(2) Where any such pilgrim who has notified to the
prescribed authority in the prescribed manner his desire to embark for the
return voyage is, owning to his inability to obtain accommodation within the
period of sixty days aforesaid, detained at Jeddah beyond the said-period, the
master, owner or agent of the ship in which such pilgrim was carried to the
Kingdom of Saudi Arabia shall pay to the Federal Government in respect of such
pilgrim such sum not exceeding double the sum received by the master, owner or
agent in respect of the return ticket as the Federal Government claims as the
cost of repatriating the pilgrim, together with a sum of fifty rupees for each
day after the expiry of the period aforesaid during Which the pilgrim has been
detained at Jeddah.
(3) a certificate of such detention purporting to be
made and signed by the Pakistan consular officer at Jeddah shall be received in
evidence in any Court in Pakistan without proof of the signature or of the
official character of the person who has signed the same.
320. Notice of proceeding of pilgrim ship on voyage. (1) The master, owner or agent of any ship which is
intended to proceed on a voyage as a pilgrim ship from any port or place in
Pakistan shall before advertising such ship for the conveyance of pilgrims or
offering to convey any pilgrim by such ship or selling or permitting any person
to sell a passage ticket to any pilgrim for conveyance by such ship, supply to
the prescribed officer (hereinafter referred to as the Port Hajj Officer) at
the port or place from which the ship is to commence the voyage, and at each
port or place in Pakistan at which it is to touch for the purpose of receiving
pilgrims on board, full particulars as to the class, tonnage and age of the
ship, the maximum number of passage tickets of each class to be issued, the
maximum price of each class of ticket, the date on which the ship is to depart
or proceed on a voyage from that port or place, the ports, if any, at which it
is to touch, the place of its destination, and the probable date of its arrival
thereat.
(2) The master, owner or agent shall apply to the Port
Hajj Officer, within three days from the date of demand, such further
information is regard to the matters mentioned in sub-section 91) as that
officer may in writing demand from him.
(3) The master, owner or agent of such time not being
less than ten days proceeding the date of departure or proceedings on voyage of
the ship from any port or place in Pakistan as may be prescribed, advertise at
such port or place in the prescribed manner,---
(a) the place of destination of the ship;
(b) the proposed date of departure or proceeding on
voyage from that port of place which shall be the date communicated to the Port
Hajj Officer under sub-section (1); and
(c) the price of each class of passage tickets, which
shall not be in excess of the price communicated to the Port Hajj Officer under
sub-section (1).
(4) A master, owner or agent of a pilgrim ship who,---
(a) without reasonable cause, the burden of proving
which shall lie upon him, fails or refuses to supply any particulars or
information which he is by or under this section required to supply, or
supplies false particulars or information; or
(b) advertises any ship for the conveyance of
pilgrims, or offers to convey pilgrims by any ship, or sells or promises or
permits any person to sell passage tickets to pilgrims for conveyance by any
ship, without having first supplied the particulars required by sub-section (1)
and in accordance with the provisions of the sub-section; or
(c) advertises a date of departure or proceeding on
voyage from any port or place other than the date communicated to the Port Hajj
Officer at that port or place under sub-section (1), or advertises a price for
passage tickets at the port or place in excess of the price so communicated; or
(d) offers to convey pilgrims by any ship from any
port or place in Pakistan or sells or promises or permits any person to sell
passage tickets to pilgrims for conveyance by a ship from any such port or
place without having made advertisement, as required by such-section (3), of
the matters specified in that sub-section; or
(e) sells or permits an person to sell to any pilgrim
any passage ticket at a price in excess of the price communicated to the Port
Hajj Officer under sub-section (1), shall be liable to a fine which may extend
to ten thousand rupees.
321. Compensation for delay in departing or proceeding
on voyage. (1) If a pilgrim ship
fails to depart or proceed on voyage from any port or place on the date
advertised under sub-section (3) of Section 320, the master, owner or agent
shall be liable to pay as compensation to each pilgrim who has paid his passage
money on or before such date the sum of fifty rupees for each completed day
during which the departure or proceeding on voyage of the ship is delayed after
that date:---
Provided that such compensation shall not be payable
in respect of any period during which the departure of the ship is impossible
owing to any cause not arising from the act or default of the master, owner or
agent, the burden of proving which shall lie on the master, owner or agent:---
Provided further that where compensation has been paid
or has become payable to any pilgrim in respect of delay in the departure or
proceeding on voyage of the ship from any port or place and the departure or
proceeding on voyage of the ship from any other port or place in thereafter
delayed, the pilgrim shall be entitled to compensation only in respect of any
period by which the duration of such further delay exceeds, the duration of the
delay in respect of which he has already received or become entitled to
compensation.
(2) in the event of such failure, the master, owner or
agent shall be bound forthwith to inform the Port Hajj Officer at the port or
place at which the delay occurs of the number of passage tickets of each class
which have been issued for the voyage on or before the advertised date of
departure or proceeding on voyage.
(3) Any sum payable to the pilgrims as compensation
under sub-section (1) shall be paid to the Port Hajj officer at the port or
place at which delay occurs by the master, owner or agent on receipt by him or
a notice from that officer specifying the sum payable; and the Port Hajj
Officer shall, in such manner as may be prescribed, pay to each such pilgrim
the compensation paid in respect of his detention:---
Provided that, if an objection is made by the master,
owner or agent the sum specified in any such notice or any part of such sum is
not payable by him, the sun paid or, as the case may be, the balance thereof
remaining after payment to the pilgrims entitled thereto of compensation the
right to which is not in dispute, shall be held in deposit until the objection
has been decided:---
Provided further that if, for any reason, the
compensation due to any pilgrim cannot be paid to him at the time of
embarkation or at or before the time of his disembarkation at the port of his
destination, the sum so remaining unpaid shall be made over to such authority
as is referred to in sub-section (3) of Section 318.
(4) If the master, owner or agent objects that the sum
specified in the notice issued under sub-section (3) or any part of thereof is
not payable by him, he may, at the time of payment of such sum, give to the
Port Hajj Officer notice of is objection, together with a statement of the
grounds thereof, and the port Hajj Officer shall thereupon either cancel or
modify the aforesaid notice in accordance with the objection for decision to a
Magistrate of the first class exercising jurisdiction at the port or place at
which the ship is delayed whose decision on such reference shall be final.
(5) If the Magistrate decides on a reference under
sub-section (4) that any sum held in deposit is not payable as compensation
under sub-section (1), such sum shall be refunded to the master, owner or
agent, as the case may be.
(6) On the failure of any pilgrim ship to depart or
proceed on voyage from any port or place on the date advertised under
sub-section (3) of section 320, the Port Hajj Officer at that port or place
shall forthwith give notice of such failure to the officer authorised to grant
port-clearance to ships thereat, and such officer shall refuse port clearance
to the pilgrim ship until the master, owner or agent produces to him a
certificate of the Port Hajj Officer that all sums payable by way of
compensation under this section up to the day on which the ship is to depart or
proceed on voyage have been paid.
(7) Nothing in this section or in Section 324 shall
apply to any advertisement made before the time prescribed under sub-section
(3) of Section 320, and intended to give the public information of the
approximate date of the departure or proceeding on voyage of a pilgrim ship,
where such advertisement clearly states that the date so advertised is
approximate only and that correct proposed date shall be advertised later.
322. Substitution of ships. Notwithstanding anything contained in Section 320 or
Section 321, where any ship which has been advertised under sub-section (3) of
Section 320 for the conveyance of pilgrims has been or is likely to be delayed
beyond the advertised date of departure or proceeding on voyage, the owner or
agent may with the permission in writing of the Federal Government, substitute
for it any other ship which is capable of carrying not less than the same
number of pilgrims of each class, and where the ship is substituted with such
permission the advertisement shall be deemed to have been made in respect of
the ship so substituted, and all the provisions of those sections shall apply
accordingly in respect of such ship.
323. Sanitary taxes payable by the master. The master of every pilgrim ship shall be bound to
pay the whole amount of the sanitary taxes imposed by lawful authority at the
ports visited and such amount shall be included in the cost of the tickets
issued to the pilgrims.
324. Power to exempt ship from provisions of Chapter
20. (1) The Federal Government may
subject to such conditions as it thinks fit, exempt any ship or class of ships
from any provisions of this Chapter relating to pilgrim ship.
(2) In imposing a condition under this section, the
Federal Government may direct that a breach of its shall be liable to a fine
which may extend to ten thousand rupees.
325. Appointment of officers. The Federal Government shall appoint such persons as
it thinks fit to exercise the powers and perform duties which are conferred and
imposed by this Chapter or may be conferred and imposed thereunder.
326. Power to make rules. (1) The Federal Government may, by notification in
the official Gazette, make rules to carry out the purposes of this Chapter.
(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 principles to be followed for determining the
number of pilgrims to be carried on any pilgrim ship;
(b) the provisions of bunks and the size and other
particulars relating to the bunks to be so provided;
(c) the allotment of the upper-deck space between
various classes of pilgrims;
(d) the amount and distribution of the baggage of the
pilgrims;
(e) the boats, anchors and cables to be provided on
board pilgrim ships;
(f) the instruments to be supplied for purposes of
navigation;
(g) the fittings and other appliances to be provided
in the upper and between-decks for the comfort and convenience of pilgrims;
(h) the basic scale on which, and the manner in which
cooked and uncooked food and water are to be supplied to pilgrims, and the
quality of such food and water;
(i) the kinds of food to be provided for pilgrims on
payment, in addition to the food to be supplied in accordance with the basic
scale; and the charges which may be made for the same;
(j) the quality, quantity and storage of the cargo to
be carried;
(k) the nature and the extend of the hospital
accommodation and the medical stores, disinfectants, and other appliances and
fittings to be provided on board free of charge to pilgrims for maintaining
health, cleanliness and decency;
(l) the form of the statements to be furnished by the
master under Section 305 and 308 and the particulars to be entered therein;
(m) the manner in which provisional bookings may be
made, the acceptance of deposits for such bookings and the forfeiture of any
part of the deposit in cases in which any such bookings are cancelled;
(n) the appointment of medical officers and other
attendants in cases where they are required by this Chapter to be carried, and
the diaries, reports and other returns to be kept or submitted by such medical
officers;
(o) the manner in which contaminated articles shall be
disinfected before being taken on board a pilgrim ship;
(p) the manner in which and the persons by whom, the
medical inspection of women shall be carried out;
(q) the manner in which deposits shall be made for the
purposes of Section 315 and any matter in respect of which provisions is, in
the opinion of the Federal Government, necessary or expedient for the purpose
of giving effect to the provisions of that section;
(r) the supply of tickets to intending pilgrims, the
form of such tickets and the conditions and other matters to be specified
thereon, and the amount of the sanitary taxes to be included in the cost
thereof;
(s) the refund of deposits and passage money under
Section 317 and the manner in which persons shall be nominated under that
section for the purpose of entitling them to a refund;
(t) the period after which unclaimed passage-money and
deposits liable to be refunded shall vest in the Federal Government and the
purposes to which sums so vesting shall be applied;
(u) the manner in which the proposed date of departure
or proceeding on voyage shall be advertised under Section 320, the manner in
which payment shall be made under Section 322 to pilgrims and to the Port Hajj
Officer; and the procedure to be followed by masters, owners or agents and by
Port Hajj Officers and Magistrates in proceedings under that section;
(v) the functions of the master, medical officer or
officers, if any, and other officers during the voyage;
(w) the local limits within which, and the time and
mode at and in which, pilgrims shall be received on board or discharged at any
port or place appointed under this Chapter in that behalf;
(x) the time within which a pilgrim ship shall depart
or proceed on her voyage after commencing to take pilgrims on board; and
(y) prohibition of pilgrim being received on board any
pilgrim ship, unless he is in possession of a passport or a pilgrims pass; the
issue of pilgrims passes, and the from of and fees which may be charged for
such passes.
(3) If the master or a medical officer, if any, of a
pilgrim ship without reasonable cause, the burden of proving which shall lie
upon, him, contravenes, or omits or neglects to comply with any rule made under
this section he shall in respect of each offence, be liable to a fine which may
extend to ten thousand rupees. --
PART VI
SAFETY
CHAPTER 21.
CONSTRUCTION OF SHIPS AND SAFETY EQUIPMENT, ETC.
327. Countries to which the safety and Load Line
Convention apply. (1) The Federal
Government, if satisfied.
(a) that the Government of any country has accepted or
denounced the Safety Convention or the Load Line Convention; or
(b) that the Safety Convention or, as the case may be,
the Load Line Convention extends or has ceased to extend to any territory;
may, by notification in the official Gazette, make a declaration to that
effect.
328. Construction of passenger ships. (1) The federal Government may by notification in the
official Gazette, make rules prescribing the requirements that the hull,
equipment and machinery of Pakistani passenger ships shall comply with.
(2) The rules made under sub-section (1) shall include
such requirements as appears to the Federal Government to implement the
provisions of the Safety Convention prescribing the requirements that the hull,
equipment and machinery of passenger ships shall comply with, except so far as
those provisions are implemented by the rules for the life saving and fire
fighting appliances, the radio rules or the collision regulation.
(3) The powers conferred on the Federal Government by this
section shall be in addition to the powers conferred by any other provisions
enabling it to proscribe the requirements that passenger ship shall comply
with.
329. Construction of cargo ships. (1) Every sea-going Pakistani ship of a gross tonnage
of not less than five hundred, or of such lower tonnage as the Federal
Government may by notification in the official Gazette, specify, not being a
passenger ship, shall be constructed in accordance with such specification, and
shall be surveyed to such extent, in such manner and at such intervals as may
be prescribed.
(2) The provisions of this section shall apply, in the
same manner as they apply to a Pakistani ship, to every other ship of a gross
tonnage of not less than five hundred while she is within any port or place in
Pakistan.
(3) This section dose not apply to vessels to which
the provisions of the Inland Mechanically Propelled Vessels Act, 1917 (I of
1917), apply so long as such Vessels are engaged on voyages confined to ports
within one Province or do not proceed to sea beyond the limits specified under
CLAUSE (4) of Section 2.
330 Power to make rules with respect to the
construction and survey of cargo ships, etc. (1) The Federal Government may, by notification in the official
Gazette, make rules, proscribing the requirements for the hull, equipment and
machinery of ships to which Section 329 applies, and the requirements of survey
thereof.
(2) In particular, and with out prejudice to the
generality of the foregoing power, such rules may provide for all or any of the
following matters, namely,---
(a) the extent of surveys and the manner in which and
the intervals at which surveys shall be made;
(b) the requirements as to construction, machinery and
equipment;
(c) the form and manner in which declaration of
surveys shall be issued and transmitted and the particulars which shall be
stated therein;
(d) the fees that may be charged for surveys made
under these rules; and
(e) such other matters as may be necessary for
carrying out purposes of Section 329;
331. Power to made rules as to life saving and fire
sighting appliances, etc.- (1) The
federal Government may, be notification in the official Gazette, make rules
prescribing the life saving appliances and fire fighting appliances to be
carried by every Pakistani ship going to sea from any port or place.
(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 arranging of ships into classes, having regard
to the service in which they are employed, the natured and duration of the
voyage and the number of persons carried;
(b) the number description, mode of construction of
the boats, life rafts, line throwing appliances, life-jackets and life-buoys to
be carried by ships according to the classes in which the ships are arranged.
(c) the equipment to be carried by any such boats and
rafts the method to be provided to lower the boats and other life saving
appliances into the water, including oil for use in stormy weather;
(d) the provision in ships of a proper supply of
light. in extinguishable in water and fitted for attachment to life-buoys;
(e) the quantity, quality and description of buoyant
apparatus to be carried on board ships either in addition to or in substitution
for boats, life-rafts, life-jackets and life-buoys;
(f) the position and means of securing the boats,
life-rafts, life-jackets, life-buoys and buoyant apparatus;
(g) the marking of boats, life-rafts, and buoyant
apparatus so as to show their dimensions and the number of persons authorised
to be carried on them;
(h) the manning of life-boats and the qualifications
and certifications and certificates of life-boatmen;
(i) the provision to be made for mustering the persons
on board and for embarking them in the boats (including provision for the
lighting of, and the means of ingress, to, and exit from, different parts of
the ship);
(j) The provision suitable means situated outside the
engine room whereby and discharge of water into the boats can be prevented;
(k) the assignment of specific duties to each member
of the crew in case of emergency;
(l) the methods to be adopted and the appliances to be
carried in ships for the prevention, detection and extinction of fire;
(m) the provision in ships of plans and other
information relating to the means of preventing, detecting, controlling and
extinguishing outbreaks of fire;
(n) the practice in ships of boat-drills and
fire-drills; and the recording of such drills in the vessels log books;
(o) the provision in ships of means of making
effective distress signals by day and nights;
(p) the provision in ships, engaged on voyages i which
pilots are likely to be embarked, of suitabel pilot ladders and hoists, and of
ropes, lights and other appliances designed to made the use of such ladders or
hoists safe;
(q) the periodical examination and maintenance of any
appliances or equipment required by any rules made under this Ordinance, to be
carried by ships;
(r) the manner in which a notice given under
sub-section (2) of Section 330 shall be communicated to the officers of
Customs; and
(s) the charging of fees for the grant of the
certificate referred to in sub-section (3) of Section 332, the amount of such
fees and the manner in which they shall be recoverable.
332. Inspection of life saving appliances, etc. - (1) A Surveyor may at any reasonable time inspect any
ship, to which the provisions or Sections 328, 330 and 331 apply, for the
purpose of seeing that the ship complies with the requirements of the rules as
to life saving appliances and fire fighting appliances.
(2) If the surveyor finds that the ship dose not
comply with the aforementioned requirements, he shall give to the master of
owner notice in writing pointing out in what respect the ship fails to comply
with them and what in his opinion is required to be done for compliance with
them.
(3) Every notice so given shall be communicated in the
prescribed manner to the officers of Customs of any port or place at which the
ship may seek to obtain port clearance and the ship shall be detained until a
declaration signed by the surveyor to the effect that the ship complies with
the requirements of the rules as to life saving appliances and fire fighting
appliances is produced.
(4) Such fees as may be prescribed shall be charged
for the grants of the certificate referred to in sub-suction (3).
333. Control of water-light opening:- The Federal Government may be notification in the
Official Gazette, make rules in respect of ships for which a passenger ship
certificate of survey is required by Part V to regulate all or any of the
following matters, namely,---
(a) the closing and keeping closed of opening in ships
hulls and to water-light bulkheads;
(b) the securing, keeping in place and inspecting
contrivances for closing any such opening as aforesaid;
(c) the operation of mechanisms of contrivances for
closing any such openings as aforesaid and drills in connection with the
operation thereof;
(e) the entries to be made in the official log-book or
other record to be kept of any of the matters aforesaid.
334. Stability information and damage control.-- (1) There shall be carried on board every Pakistani
ship such information in writing about the stability as may be prescribed for
the guidance of the master in loading and blassting the ship, and, also in
maintaining sufficient stability to enable the ship to with stand damages.
(2) The aforesaid information shall be in such form as
may be approved by the Federal Government (which may approve the provision of
the information in the form of a diagram or drawing only) and shall be based on
the determination of the ship’s stability by means of an inclining test of the
ship:---
Provided that the Federal government may allow the
information to be based on a similar determination of the stability of a sister
ship:---
Provided further that in the case of a ship
specifically designed for the carriage of liquids or ore in bulk, or of any
class of such ship, the Federal Government may allow the inclining test to be
dispensed with if it is satisfied form the information available in respect of
similar ships that the ship’s proportions and arrangements are such as to
ensure more than sufficient stability in all probable loading conditions.
(3) Whenever the accuracy of the information provided
under sub-section (1) is materially affected by alterations made to the ship,
information shall be replaced by fresh information of the nature specified in
that sub-section and, in any such case, the Federal Government may require a
fresh inclining test of the ship.
(4) When any information under this section to
provided for any passenger ship the owner shall send a copy thereof to the
officer appointed under Section 258.
(5) The requirements of sub-section (1) so far as they
related to the carriage of stability information shall be applicable to foreign
ships when such ships are in a port or place in Pakistan.
(6) In any such ship proceed, or attempts to proceed,
to sea with out having on board such information as aforesaid, the owner or the
master of the ship shall be liable to a fine which may extend to ten thousand
rupees.
CHAPTER 22.
RADIO INSTALLATION. RADIO EQUIPMENT AND NAVIGATIONAL
EQUIPMENT
335.
Requirements of radio installation and radio equipment.- (1) Every sea-going
Pakistani ship, shall be provided with radio installation and radio equipment
as specified by the Safety Convention.
(2)
The Federal Government may, exempt any ship form any of the requirements
specified in sub-section (1), under exceptional circumstances.
(3)
The master or owner of any such ship, in respect of which the provisions of
sub-section (1) are not complied with, shall be liable to a fine which may
extend to ten thousand rupees.
336.
Requirements as to radio direction finding apparatus.-- (1) Every Pakistani
ship of a gross tonnage of sixteen hundred and upwards shall be provided with a
radio direction finding apparatus of the prescribed description.
(2)
The federal Governments may, by order in writing and subject to such conditions
and restrictions as may be specified therein, exempt any ship, under five
thousand tons gross tonnage from the obligations imposed by sub-section (1), if
it is satisfied having regard to the area or areas in which the ship is engaged
on a voyage or voyages and the value of radio direction finder as a
navigational instrument and as an aid t locating ships, aircraft or survival
craft that such compliance would be unreasonable or unnecessary.
(3)
The master or owner of any such ship, in respect of which the provision of
sub-section (1) are not complied, with shall be liable to a fine which may
extend to ten thousand rupees.
337.
Radio log- (1) Every ship equipped under the provisions of Section 335 shall
maintain a radio log in which shall be recorded such particulars connected with
radio communication service as may be prescribed.
(2)
The provisions of Section 425 shall apply to the radio log kept under
sub-section (1) as if it were an official logbook.
338.
Inspection, etc.- (1) A radio inspector may inspect any ship for the purpose of
seeing that she is properly provided with radio insallation and certificated
operators and watchers in conformity with this Chapter and for this purpose may
go on board any ship at all reasonable times and do all things necessary for
such inspection and may also require the master of the ship to supply him with
any information which it is in the power of the master to supply for the
purposes of the provisions of the Chapter relating to radio installation and
radio service including the production of any certificate granted under this
Part in respect of the installation, of the certificated of the operators on
the ship:---
Provided
that if a valid safety convention certificate is produced in respect of any
ship, other than Pakistani ship, the inspection shall be limited to seeing that
the ship is provided with radio installation and that the number of
certificated operators corresponds substantially with the particulars stated in
the certificate and such operators are familiar with operational procedures.
(2)
If a radio inspector finds that a ship is not so provided, he shall give to the
master or owner notice in writing pointing out the deficiency, and also
pointing out what in his opinion is requisite to remedy the same.
(3)
Every notice given sub-section (2) shall be communicated, in the prescribed
manner, to the officer of Customs of any port or place at which the ship may
seek to obtain port-clearance, and the officer of Customs to whom a notice is
so communicated shall order that the ship be detained until a certificate under
the hand of a Radio Inspector is produced to the effect that the ship is
properly provided with a radio installation and certificated operators in
conformity with this Chapter.
(4)
the provision of this section shall applying relation to such portable radio
apparatus as boats or life-rafts may be required to carry by rules made under
Section 331 as they apply in relation to radio insallation of a ship.
339.
Requirements as to navigations equipment.-- (1) Every Pakistani ship when going
to sea shall be provided with such navigational equipment as are required to be
carried under the Safety Convention:---
Provided
that the Federal Government may exempt from the operation of this sub-section
any ship of gross tonnage of less than five hundred, not being a passenger
ship, if it is of opinion that, having regard to the nature of the voyages on
which the ship is engaged, the provision of a gyro-compass in unnecessary or
unreasonable.
(2)
All reasonable steps shall be taken to maintain the equipment mentioned in
sub-section (1) in an efficient condition but the malfunction of such equipment
shall not render the ship un-seaworthy nor shall it be considered as a reason
for delaying the ship in ports where repair facilities are not readily
available.
340.
Application of chapter to foreign ships.-- The provisions of this chapter shall
apply to ships other than Pakistani ships while such ships are in any port or
place in Pakistan in the same manner as they apply to Pakistani Ships.
341.
Power to make rules.-- (1) The Federal Government may, by notification in the
Official Gazette, make rules to carry out the provisions of this Chapter.
(2)
In particulars, 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 nature of navigation equipment and radio installation or navigational aids
to be provided and of the radio service to be maintained, the form of the radio
log and the particulars to be entered therein, and the number, grades and
qualifications of certificated operators to be carried;
(b)
the requirements for such portable radio apparatus as boats and life-rafts may
be required to carry by the rules made under Section 331;
(c)
the manner in which a notice given under sub-section (2) of Section 338 shall
be communicated to the Customs Collector; and
(d)
the fees for the grant of the certificate referred to in sub-section (3) of
Section 338, the amount of such fees and the manner in which they shall be
recoverable.
CHAPTER 23.
SAFETY CONVENTION CERTIFICATE
342. Passenger ship safety certificate. (1) Upon the receipt of a declaration of survey
granted under Part V in respect of a Passenger ship for which a certificate of
passenger ship safety certificate is required by this par, the Federal
Government, if it is satisfied,---
(a) that the ship complies fully with the requirements
of rules made under Section 228 and other provisions of this ordinance, and the
rules made under Sections 331 and 341 applicable to such ship and is properly
provided with lights and shapes and means of making of fog signals required by
the collision regulations, may issue a passenger ship safety certificate in
respect of the ship; and
(b) that there is in force in respect of the ship and
exemption certificate granted under Section 347 and that the ship complies with
all the requirements specified in clause (a) other than those from which the
ship is exempt under that certificate, may endorsed the passenger ship safety
certificate in respect of the ship, and deliver to the owner or master of the
ship through the Principal Officer or such other officer as the federal
Government may appoint in this behalf.
(2) the passenger ship safety certificate shall be in
the prescribed form and shall state that the ship complies with the
requirements of the Safety Convention.
343. Cargo ship safety equipment certificate.- (1) If the Federal Government is satisfied in respect
of a Pakistani cargo ship of a gross tonnage of five hundred or more that the
ship complies with the requirements of the rules made under Sections 331 and
341 applicable to such ship, and that the ship is properly provided with lights
and shapes and means of making for signals required by the Collision
Regulation, the Federal government shall, on an application by the owner or
master of the ship, cause to be issued if the ship complies fully with the
aforesaid requirements, a cargo ship safety equipment certificate:---
Provided that if there is in force in respect of the
ship an exemption certificate granted under Section 374 and if the ship
complies with all the aforesaid requirements other than those from which the
ships is exempt under that certificate and is properly provided with lights and
shapes and means of making fog signals required by the collision Regulation, a
qualified cargo ship safety equipment certificate.
(2) The cargo ship safety equipment certificate shall
be in the prescribed form and shall state that the ship complies with all the
requirements of the Safety Convention as to equipment and that she is provided
with lights and shapes and means of making fog signals as required by the
collision regulation.
344. Cargo ship equipment certificate.- If the federal Government is satisfied in respect of
any Pakistani cargo ship of gross tonnage of less than five hundred that the
ship complies with the provisions of this Ordinance and the rules made there
under relating in life saving and fire fighting appliances applicable to such
ship and is provided with lights and shapes and the means of making fog and
distress signals required by the collision regulation, the federal Government
may issue in respect of much ship a certificate in the prescribed form to be
called a cargo ship equipment certificate.
345. Cargo ship safety radio certificates.- (1) If the Federal Government is satisfied in respect
of a Pakistani ship, other than a passenger ship, which is required by the
provisions of Section 335 to be provided with radio installation and which is
intended to ply on voyage form or to any port or place in Pakistan to or from
any port or place outside Pakistani that the ship complies with all the
provisions as to radio installation and radio service applicable to such ship
under Chapter 22, the Federal Government shall on an application by the owner or
master of the ship, cause to be issued, through the Principal Officer or such
other officer as it may appoint in this behalf,---
(a) if the ship is provided with radio equipment, a
cargo ship safety radio certificate; or
(b) if there is in force in respect of the ship
referred to in clause (a), an exemption certificate granted under Section 347
and if the sip complies with all the aforesaid requirements other than those
form which the ship is exempt under that certificate, the cargo ship safety
radio certificate may be endorse.
(2) the cargo ship safety radio certificate shall be
in the prescribed form and shall state that the ship complies with such of the
requirements of the Safety Convention as are applicable to the ship.
346. Cargo ship safety construction certificate.- (1) If the Federal Government, or a person authorised
by it in this behalf, is satisfied on receipt of a declaration of survey in
respect of a Pakistani cargo ship to which Section 329 applies that the ship
complies with all the provisions of the rules made under Section 330 and
applicable to such ship and to such voyages as she is to be engaged on, the
Federal Government or such person shall, on the application, of the owner,
cause to be issued in respect of the ship,---
(a) if the ship is of a gross tonnage of not less than
five hundred and is intended to ply on voyages form or to any port or place in
Pakistan to or from any port or place out side Pakistan, a cargo ship safety
construction certificate showing that she complies with the said rules; or
(b) if there is in force in respect of the ship, an
exemption certificate granted under Section 347 and the ship complies with the
aforesaid requirement other than those from which the ship is exempt under that
certificate, the cargo ship safety construction certificate may be endorsed.
(2) The cargo ship safety construction certificate
shall be in the prescribed form and shall state that the ship complies with
such of the requirements of the Safety Convention as to hull, equipments and
machinery as are applicable to the ship.
347. Issuance of Exemption certificate or any other
certificate. (1) the Principal
Officer, or an officer authorised by the Federal Government in this behalf,
shall, on an application by the owner or master of any Pakistani ship in regard
to which the Federal Government has made an order of exemption under
sub-section (2) of Section 335, or under sub-section (2) of Section 336, or
which is exempt from any of the provisions of the rules made under Sections
328, 330, 331 and 341, issue in the prescribed form an exemption certificate in
respect of such ship.
(2) The Federal Government may issue any other
certificate not mentioned in this part and which is required to be issued to
give effect to the provision of the Safety Convention.
348. Duration of certificates. (1) a cargo ship safety equipment certificate issued
under this Part, shall e in force for twenty four months from the date of its
issue or for such period as may be specified in the certificate.
(2) A cargo ship safety construction certificate shall
be in force for a period not exceeding five years form the date of its issue or
for such shorter period as may be specified in the certificate.
(3) an exemption certificate issued under Section 347
shall be in force for the period of which the certificate to which it relates
remains in force or for such shorter period as may be specified in the
certificate.
(4) any certificate issued under this Port not specified
in sub-sections (1), (2) or
3) shall be in force for twelve months from the date
of its issue or for such shorter period as may be specified in the certificate.
(5) The Federal Government or any person authorised by
it in this behalf may grant an extension of any certificate issued under this
Part in respect of a Pakistani ship,---
(a) where the ship is away from Pakistan on the date
when the certificate would, but for the extension have expired, for such period
not exceeding five months from the said date as may be sufficient to enable the
ship to return to the port n Pakistan at which it is to be surveyed; and
(b) in any other case, for a period not exceeding one
month form the said date:---
Provided that any extension granted under clause (a)
shall cease to be operative upon the ship’s arrival at the port referred to in
that clause:---
Provided further that no extension shall be granted
under clause (b) in respect of a certificate extended under clause (a).
(6) Notwithstanding anything contained in this section
a certificate issued under this Part shall not remain in force after notice ins
given by the authority issuing the certificate to the owner or master of the
ship in respect of which it has been issued, that authority has cancelled the
certificate.
349. Modification of passenger ship safety certificate
in respect of life saving appliances. (1)
If a Pakistani ship, in respect of which a passenger ship safety certificate or
a special trade passenger ship safety certificate issued under Section 342 is
in force has on board in the course of a particular voyage a total number of
persons less than the number stated in the certificate to be the number for
which the life saving appliances on the ship provide, the owner or master of
the ship may obtain from the authority issuing the certificate, or any person
authorised by the authority for the purpose, a memorandum to be attached to the
certificate stating the total number of persons carried on the ship on that
voyage and the modifications which may be made for the purpose of that voyage
in the particulars with respect to life saving appliances stated in the
certificate.
(2) Where a valid passenger ship safety certificate or
special trade passenger ship safety certificate is produced in respect of
passenger ship other than a Pakistani ship and there is attached to the certificate
a memorandum which,---
(a) has been issued by or under the authority of the
Government of the country in which the ship is registered; and
(b) modifies for the purpose of any particulars
voyage, in view of the number of persons actually carried on that voyage, the
particulars stated in the certificate with respect to life saving appliances;
the certificate shall have effect for the purpose of that voyage as if it were
modified in accordance with the memorandum.
350. Recognition of certificates issued outside
351. Issued of certificates to foreign ships in
352. Issue by foreign Governments of certificates to
Pakistani ships. (1) The Federal
Government may request the Government of a country, to which the Safety
Convention applies, to issue an appropriate safety convention certificate in
respect of a ship registered or to be registered in Pakistan and a certificate
issued in pursuance of such a request and containing a statement that it has
been so issued shall have effect for the purpose of this Ordinance as if is had
been issued by the Federal Government.
(2) When the Federal Government request the Government
of a country to issue any such certificates as aforesaid and that Government is
not willing to issue, such certificate until exemption certificate in respect
of certain condition is granted by the Federal Government, the Federal
Government may issue that exemption certificate.
353. Prohibition on proceeding to sea without certificate.
(1) No Pakistani ship shall proceed
to sea, accept on voyage between ports or places situated within
(2) No Pakistani ship shall proceed on any voyage
between ports or places situated within Pakistan unless there is in force in
respect of the ship such certificate or certificates as may be prescribed being
a certificate or certificates which by the terms thereof is or are applicable
to the voyage on which the ship is about to proceed and to the trade in which
she is for the time being engaged.
(3) The master of every ship, to which this section
applies, shall produce to the officer of Customs from whom a port clearance for
the ship is sought the certificate or certificates required by the foregoing
provisions this section to be in force when the ship made under Section 125
proceeds to sea, and port clearance shall not be granted and the ship may be
detained until the said certificate or certificates are so produced.
(4) Without prejudice to any other liability under
this Ordinance of the master or owner of the ship, if any ship to which this
section applies proceeds or attempts to proceed to sea in contravention of any
of the foregoing provisions of this section, the master or owner shall, for
each offence, be punishable in the case of a passenger ship, with fine which
may extend to ten thousand rupees.
(5) Where an exemption certificate issued under
Section 347 in respect of any ship to which this section applies specifies any
conditions on which the certificate is issued and any of those conditions is
contravened, the master or owner of the ship shall, for each offence, be liable
to a fine which may extend to ten thousand rupees.
354. Delegation of powers to perform certain
functions. The Federal Government
may, by order in writing, authorize any recongised or organization to perform
all or any of the functions under Sections 342, 343, 345, 347 in respect of any
ship or class of ships.
355. Production of certificates by ships other than
Pakistani ships. (1) The master of
every ship other than a Pakistani ship, being a passenger ship or being any
other ship of a gross tonnage of five hundred or upwards, belonging to a
country to which the Safety Convention applies, shall produce valid safety
Convention certificates to the officer of Customs from whom a port clearance
for the ship is sought in respect of a voyage from a port or place in Pakistan
to port or place outside Pakistan and port clearance shall not be granted and
ship may be detained until such a certificate is so produced.
(2) Where any such ship, other than a passenger ship,
as is referred to in sub-section (1), is of a gross tonnage of less than five
hundred but not less than three hundred, the master shall be required to
produce only valid safety convention certificates equivalent to those issued
under Section 345 and the other provisions of sub-section (1) shall apply
accordingly.
(3) Where a valid safety convention certificate is
produced in respect of a ship, other than a Pakistani ship, the ship shall not
be deemed to be deemed to be unsafe for the purposes of Section 394 by reason
of the defective condition of her hull, equipments or machinery unless it
appears that the ship cannot proceed to sea without danger to the passengers or
crew owing to the facts the actual condition of the ship does not correspond
substantially with the particulars stated in the certificate and when there are
clear grounds for believing that the master or crew are not familiar with
essential ship-board procedures relating to the safety of ship.
356. Application of sections to certificates. The provisions of Sections 263 to 266 shall apply to
and in relation to every certificate issued under Section 342 to 347 and
Section (2) of Section 353 in the same manner as they apply to and in relation
to a certificate of survey.
357. Power of Federal Government to make rules. (1) The Federal Government may, by notification in the
official Gazette, make rules for carrying out the purposes of this chapter.
(2) In particular, and without prejudice to the
generality of the foregoing power, such rules may prescribe,---
(a) the form of the certificates referred to in
Sections 342 to 347 and sub-section (2) of Section 353; and other certificate
required to be issued under the provisions of the Safety Convention; and
(b) the charging of fees for the grant of such
certificates, the amount of such fees, and the manner in which they shall be
recoverable.
CHAPTER 24. LOAD LINES
358. Ships exempt from provisions relating to load
lines. (1) Save as otherwise provided
in this section, the provisions of this Chapter relating to load lines shall
apply to all sailing vessels as they apply to ships, shall be construed as
including a sailing vessel.
(2) The provisions of this Chapter relating to load
lines shall not apply to,---
(a) ships of war;
(b) any ship solely engaged in fishing;
(c) any pleasure yacht not engaged in trade;
(d) any existing ship of a gross tonnage of less than
one hundred any fifty; and
(e) any new ship of less than twenty-four meters (79
ft) in length.
(3) The Federal Government may, on such conditions,
not more consistent with the rules made under Section 357, at it may think fit,
exempt from the provisions of this Chapter relating to load lines,---
(a) any ship plying between the near neighbouring
ports of two or more countries in the Federal Government and the Governments of
those countries are satisfied that the sheltered nature and conditions of the
voyage between those ports make it unreasonable or impracticable to apply such
provisions to ships so plying;
(b) any ship plying between near neighbouring ports of
the same country if the Federal Government is satisfied as aforesaid;
(c) any ship which embodies features of novel kind, if
the Federal Government is satisfied that the application of the provisions of
this Chapter relating to load lines to such a ship might seriously impede
research into development of such features and their incorporation in ships and
the Federal Government and the Governments of the countries to be visited by
the ship are satisfied that the ship complies with safety requirements which
are adequate for the purposes for which the ship is intended and are such as to
ensure the overall safety of the ship; and
(d) any ship which is not normally engaged on voyages
to ports outside Pakistan but which is exceptional circumstances is required to
undertake such voyage if the Federal Government is satisfied that the ship
complies with safety requirements which are adquate for such voyage.
359. Power to make rules as to load lines. (1) The Federal Government may, by notification in the
official Gazette, make rules to carry out the purposes of this Chapter.
(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) survey and periodical inspection of ships;
(b) determining of free-board deck in relation to any
ship and marking on each side of the ship to indicate the position of that deck
by a mark, hereinafter referred to as a “deck line”;
(c) determination in relation to a ship by reference
to deck line and free boards of the position in which each side of the ship is
to be marked with lines hereinafter referred to as “load lines”, to indicate
the maximum depths to which the ship may be loaded in various circumstances;
(d) conditions, hereinafter referred to as the
“conditions to assignments”, on which load lines may be assigned;
(e) requirements, relevant to the assignment of
free-boards; in respect of hulls, superstructures, fitting and appliances;
(f) particulars to be recorded in relation to mattes
referred to in clause (d) and (e) and the manner in which they shall be
recorded;
(g) the circumstances in which a ship during the
continuance of the assignment of free-boards assigned to, if any, shall be
deemed for the purposes of the provisions of this Chapter to comply with the conditions
of assignment;
(h) the form in which an international load line
certificate, a Pakistan load line certificate, on international load line
exemption certificate and a Pakistan load line exemption certificate shall be
issued;
(i) the period during which an exemption certificate
shall remain in force; and
(j) the extension and termination of the period for
which an exemption certificate was issued.
360. Marking of deck line and load lines. (1) No new Pakistani ship to which the load lines
convention applies and not being exempt from the provision of this Chapter,
shall proceed to sea unless,---
(a) the ship has been surveyed in accordance with the
load line rules;
(b) the ship complies with the conditions of
assignment; and
(c) the ship is marked with a deck line and with load
lines in accordance with the load line rules.
(2) No existing Pakistani ship, to which the load line
convention applies and not being exempt from the provisions of this Chapter,
shall proceed to see unless,---
(a) the ship has been surveyed in accordance with the
load line rules;
(b) the ship complies with the conditions of
assignment or with such lesser related requirements as were applicable to her
immediately before such commencement; and
(c) the ship is marked with a deck line and with load
lines in accordance with the load line rules or the deck line and load lines
have been marked in the position required by the rules in force immediately
before such commencement.
(3) If any ship proceeds or attempts to proceed to sea
in contravention of this section, the master and the owner thereof shall, for
each offence, by liable to a fine which may extend to fifty thousand rupees.
(4) Any ship attempting to proceed to sea without
being surveyed and marked as required by this section may be detained until she
has been so surveyed and marked, and any ship which does not comply with the
conditions of assignment to the extend required in her case shall be deemed to
be unsafe for the purpose of Section 382.
361. Alterations after survey. Where any survey, under this part, of a ship for the
purpose of assignment and marking of load lines has been completed, then
notwithstanding anything contained in this Ordinance, the owner, agent or
master of the ship shall not make, or caused to be made, any alteration in the
structure, equipment, arrangement, material or scantlings covered by the survey
without the prior written permission of the Federal Government or a person
authorised by the government in this behalf.
362. Submersion of load line. A Pakistani ship, not being exempt from the
provisions of this Part, shall not be so loaded that the appropriate load line
on each side of the ship, that is to say, the load line indicating or
purporting to indicate the maximum depth to which the ship is for the time
being entitled under the load line rules, to be loaded, is submerged if the
ship is in salt water and has no list or would be submerged if the ship were in
salt water and had no list.
363. Submersion of sub-division load lines in case of
passenger ships. Where a Pakistani
passenger ship has been marked with sub-division load lines, that is to say,
load lines indicating the depth to which the ship may be loaded having regard
to the extend to which the ship is sub-divided and the space for the time being
allotted to passengers, and when the appropriate sub-division load lines that
is to say, the sub-division load line appropriate to the space for the time
being allotted to passengers on the ship, is for the time being entitled under
the provisions of this Chapter to be loaded, the ship shall not be so loaded
that the appropriate load line on each side of the ship is submerged if the
ship is in salt water and has no list or would be submerged if the ship were in
salt water and had no list.
364. Penalty for submersion of load lines and
sub-division load line. (1) If any
ship is loaded in contravention of Section 362 or Section 363 the owner and
master thereof shall, for each offence, be liable to a fine which may extend to
one hundred thousand rupees.
(2) Without prejudice to any proceedings under this
Ordinance, any ship which is loaded in contravention of Section 366 of Section
367 may be detained until the ship ceases to be so loaded.
365. Offences in relation to marks. (1) If the owner or master of Pakistani ship which has
been marked in accordance with the foregoing provisions of this Chapter, fails
without reasonable cause, to keep the ship so marked; or any person conceals,
removes, alters, defaces or obliterates, or suffers any person under his control
to conceal, remove, alter, deface or obliterate any mark placed on any such
ship in accordance with the foregoing provisions of this Chapter except with
the authority of a person entitled under the load line rules to authorize the
alteration of the mark, or except for the purpose of escaping capture by an
enemy or by a foreign ship of war in the exercise of some belligerent right; he
shall, for each offence, be liable to a fine which may extend to fifty thousand
rupees.
366. Inspection of ships with respect to load lines. Any surveyor authorized in this behalf by the Federal
Government may inspect any Pakistani ship for the purpose of seeing that the
provisions of this Chapter have been complied with, and for this purpose may go
on board the ship at all reasonable times and do all things necessary for the
proper inspection of the ship and may also require the master of the ship to
supply him with any information which is in the power of the master to supply
for that purpose, including the production of any certificate granted under
this Part in respect of the ship.
CHAPTER 25.
LOAD LINE CERTIFICATE
367. Issue, duration and extension of load line
certificate. (1) Where a Pakistani
ship has been surveyed and marked in accordance with the provisions of Chapter
24 and complies with the conditions of assignment to the extend required in her
case by those provisions, there shall be issued to the owner of the ship on his
application and on payment of the prescribed fees.
(a) in the case of a ship of a gross tonnage of not
less than one hundred and fifty, and in the case of a ship not less than
twenty-four meters (79 feet), in length on which the load line Convention
applies, a certificate to be called an international load line certificate; and
(b) in the case of any other ship, a certificate to be
called a Pakistan load line certificate:---
Provided that no certificate under thus-section shall
be issued in respect of a ship before the expiry of the similar certificate
last issued.
(2) Every such certificate shall be issued either by
the Federal Government or by a recognised organization authorised by it in this
behalf and shall be issued in such form and manner as may be prescribed by the
load line rules.
(3) The Federal Government may request the Government
of a country to which the Load Line Convention applies, to issue a load line
certificate in the form of an international load line certificate under that
Convention in respect of a Pakistani ship, and a certificate issued in
pursuance of such a request and maintaining a statement that it has been so
issued shall have effect for the purposes of this Chapter as if it had been
issued by the Federal Government.
(4) Where in respect of a ship a certificate issued
this section and for the time being in force is produced,---
(a) the ship shall be deemed to have been surveyed in
accordance with the load line rules; and
(b) if lines are marked on the ship corresponding in
number description to the deck line and load lines as required by the load line
rules and the position of those lines so marked corresponds with the position
of the deck line and load lines specified in the certificate, the ship shall be
deemed to be marked as required by those rules.
(5) Every load line certificate issued by, or under
the authority of, the Federal Government shall, unless it is extended in
accordance with the provisions of sub-section (6), expire at the end of such
period, not exceeding five years from the date of its issue or as may be
specified therein.
(6) Any such load line certificate may, after a survey
not less, effective than the survey required by the load line rules before the
issue of the certificate, be extended by the Federal Government or by a person
authorised by it to issue a line certificate, for such period not exceeding five
months as the Federal Government or the person extending the certificate thinks
fit:---
Provided that no certificate in respect of a ship
shall be extended if there have been such alterations in the structure,
equipment, arrangements, materials or scantlings as to affect the free-board
originally assigned to the ship.
(7) An extension of a certificate under sub-section
(6) shall be endorsed on the certificate in the manner provided by the load
line rules.
(8) The Federal Government may cancel any such load line
certificate in force in respect of a ship if it has reason to believe that,---
(a) material alterations have taken place in the hull
or superstructures to the ship which effect the position of the load lines; or
(b) the fittings and appliances for the protection of
openings, the guard rails, the freeing ports or the means of access to the
crew’s quarters have not been maintained on the ship in as effective a
condition as they were in, when the certificate was issued; or
(c) the makings of the deck line and load lines on the
ship have not been properly maintained.
(9) The owner of a ship in respect of which any such
certificate has been issued shall, so long as the certificate remains in force,
cause the ship to be periodically inspected in such manner and at such
intervals as may be prescribed by the load line rules; and if the ship is not
caused to be so inspected, the Federal Government shall cancel the certificate.
(10) Where any such load line certificate has expired
or been cancelled, the Federal Government may require the owner or master of
the ship to which the certificate relates to deliver up the certificate as it
directs, and the ship may be detained until such requirement has been complied
with, and if the owner or master fails without reasonable cause to comply with
such requirement, he shall, for each offence, be liable to a fine which may
extend to ten thousand rupees.
(11) On the survey of any ship in pursuance of this
section there shall be paid by the owner of the ship such fee as may be prescribed.
368. Issue. duration and cancellation of exemption
certificates, etc. (1) Where the
Federal Government exempts a ship under Section 358 there shall be issued to
the owner of the ship, on payment of the prescribed fee, if any,---
(a) in the case of a ship referred to in sub-section
(3) of Section 358, an exemption certificate to be called an international load
line exemption certificate; and
(b) in the case of any other ship, and exemption
certificate to be called a Pakistan load line exemption certificate.
(2) An exemption certificate under sub-section (1)
shall be issued by the Federal Government, or an officer authorised by it in
this behalf, in such form as manner as may be prescribed.
(3) An exemption certificate issued under sub-section
(1) shall remain in force for such period as may be prescribed.
(4) The owner of a ship in respect of which any such
exemption certificate is issued shall, so long as the certificate remains in
force cause the ship to be periodically inspected in such manner and at such
intervals as maybe prescribed.
(5) The Federal Government shall cancel any such
exemption certificate if the ship in respect of which it was issued is not
caused to be inspected as required by sub-section (4) or if any of the
conditions on which the exemption was granted under Section 358 has been
violated or if the exemption has ceased to been in force.
(6) Where any such exemption certificate in respect of
a ship has ceased to be in force or been cancelled, the exemption granted under
Section deliver up the certificate to the Federal Government; and the ship may
be detained until the certificate is so delivered up.
(7) The owner or master of a ship, if he fails without
reasonable cause to deliver up the exemption certificate as required by sub-section
(6), shall be liable to a fine which may extend to fifty thousand rupees.
369. Ships not to proceed to sea without certificate. (1) No Pakistani ship shall proceed to sea unless
there is in respect of the ship a load line certificate issued under Section
367 or load line exemption certificate issued Section 368.
(2) The master of every Pakistani ship shall produce
to the officer of Customs from whom a port clearance for the ship is sought,
the certificate which is required by sub-section (1) to be in force when the
ship proceeds to sea, and port clearance shall not be granted, and the ship may
be detained until that certificate is so produced.
(3) The master of any ship which proceeds or attempts
to proceed to sea in contravention of this section shall, for each offence, be
liable to a fine which may extend to fifty thousand rupees.
370. Publication of load line certificates and
particulars relating to depth of loading. (1) When a load line certificate has been issued in pursuance of the
foregoing provisions of this Chapter in respect of a Pakistani ship other than
a home-trade ship not exceeding a gross tonnage of two hundred,---
(a) the owner of the ship shall forthwith on receipt
of the certificate cause it to be framed and posted up in some conspicuous
place on board the ship, and to be kept so framed and posted up and legible so
long as the certificate remains in force and the ship is in use; and
(b) the master of the ship, before making any other
entry in any official log-book, shall enter or cause to be entered therein, the
particulars as to the position of deck line and load lines specified in the
certificate.
(2) Before any such ship leaves any dock, wharf,
harbour or other place for the purpose of proceeding to sea, the master thereof
shall,---
(a) enter or cause to be entered in the official
log-book such particulars relating to the depth to which the ship is for the
time being loaded as the Federal Government may by rules made in this behalf
prescribed; and
(b) cause a notice, in such form and containing such
of the particulars as may be required by the said rules, to be posted up in
some conspicuous place on board the ship and to be kept so posted up and
legible until the ship arrives at some other dock, wharf, harbour or place,---
Provided that the Federal Government may be the said
rules exempt home-trade ships from the requirements of clause (b).
(3) If the owner or master of any ship fails to comply
with the provisions of this section, he shall, for each offence be liable to a
fine which may extend to five thousand rupees.
371. Insertion of particulars as to load lines in
agreements with crew. (1) When an
agreement with the crew of any ship in respect of which a load line certificate
is in force is signed by any member of the crew, the master of the ship shall
insert in the agreement the particulars as to the position of the deck line and
load lines specified in the certificate, and if he fails to do so, he shall,
for each offence, be liable to a fine which may extend to five thousand rupees.
(2) In the case of a ship required by this Ordinance
to engage its crew before a Shipping Master, the Shipping Master shall not
proceed with the engagement of the crew until,---
(a) there is produce to him a load line certificate
for the time being in force in respect of the ship; and
(b) he is satisfied that the particulars required by
this section have been inserted in the agreement with the crew.
CHAPTER 26.
SPECIAL PROVISIONS RELATING TO LOAD LINES AS TO
FOREIGN SHIP
372. Load lines certificates of ships other than
Pakistani ships. (1) The Federal
Government may, at the request of a country to which the Load Line Convention
applies, issue an international load line certificate in respect of a ship of
that country if it is satisfied in like manner as in the case of Pakistani ship
that can properly issue the certificate, and where a certificate is issued at
such a request, it shall contain a statement that it has been so issued.
(2) the Federal Government shall, as soon as may be,
after the issue of a certificate in respect of ship under sub-section (1),
forward to the Government, at whose request such certificate was issued, a copy
each of the certificate, the survey report used in computing the free-board of
the ship and of the computations.
373. Recognition of load line and exemption
certificates issued outside
374. Inspection and control of foreign ships belonging
to countries to which Load Line Convention applies. (1) Any surveyor authorised in this behalf by the
Federal Government may, at any reasonable time, go on board any ship other than
a Pakistan ship carrying cargo or passengers and belonging to a country to
which the Load Line Convention applies, when such ship is within any port or
place in Pakistan, for the purpose of demanding the production of any load line
certificate, or, as the case may be, international load line exemption
certificate for the time being in force in respect of the ship:---
Provided that such ship is an existing ship of one
hundred and fifty tons gross or more or a new ship of twenty-four meters or
more in length.
(2) If a valid international load line certificate is
produced to the surveyor on such demand, the surveyor’s powers of inspecting
the ship with respect to load line shall be limited to seeing,---
(a) that the ship is not loaded beyond the limits
allowed by the certificate;
(b) that the position of the load lines on the ship
corresponds with the position specified in the certificate;
(c) that no material alterations have taken place in
the hull or superstructure of the ship which affect the position of the load
lines; and
(d) that the fittings and appliances for the
protection of openings, the guard rails, the freeing ports and the means of
access to the crews’ quarters have been maintained on the ship in as affective
a condition as they were in when the certificate was issued.
(3) If a valid international load line exemption
certificate is produced to the surveyor on demand made under sub-section (1),
the surveyor’s powers of inspecting the ship with respect to load lines shall
be limited to seeing that the conditions stipulated in the certificate are
complied with.
(4) If it is found on any such inspection that the
ship is loaded beyond the limits allowed by the certificate, the ship may be
detained and the provisions of section 400 shall apply.
(5) If it is found on nay such inspection that the
load lines on the ship are not in the position specified in the specified in
the certificate, the ship may be detained until the matter has been rectified
to the satisfaction of the surveyor.
(6) If it is found on any such inspection that the
ship has been so materially altered in respect of the matters referred to in
clauses (c) and (d) of sub-section (2) or, as the case may be, sub-section (3)
that the ship is manifestly unfit to proceed to sea without danger to human
life, the ship shall be deemed to be unsafe for the purpose of Section 400:---
Provided that where the ship has been detained, the
Federal Government shall order the ship to be released as soon as it is
satisfied that the ship is fit to proceed to sea without danger to human life.
(7) If a valid international load line certificate or,
as the case may be international load line exemption certificate is not
produced to the surveyor on such demand as aforesaid the surveyor shall have
the same power of inspecting the ship, for the purpose of seeing that the
provisions of this Part relating to load lines have been complied with, as if
the ship were a Pakistani ship.
(8) For the purposes of this section, a ship shall be
deemed to loaded beyond the limits allowed by the certificate if she is so
loaded as to submerge in salt water, when the ship has no list the appropriate
load line on each side of the ship, that is to say, the load line appearing by
the certificate to indicate the maximum depth to which the ship is for the time
being entitled under the Load Line Convention to be loaded.
375. Certificate of ship other than Pakistani ships to
be produced to Customs. The master of
every ship other than a Pakistani ship, carrying cargo or passengers and
belonging to a country to which the Load Line Convention applies shall produce
to the officer of Customs from whom a port-clearance for the ship at any port
in Pakistan is sought,---
(a) in a case where port clearance is sought in respect
of a voyage to a port or place outside Pakistan, a valid international load
line certificate or a valid international load line exemption certificate; and
(b) in a case where port clearance is sought in
respect of any other voyage, a valid international load line exemption
certificate, or a exemption certificate and port clearance shall not be granted
and the ship may be detained until the certificate is so produced in pursuance
of this section.
376. Marking of deck line and load lines of ships
other than Pakistani ships. The provisions of Section 360 shall apply to ships
other than Pakistani ships proceeding or attempting to proceed to sea from
ports following modifications, namely,---
(a) the said section shall not apply if a valid
international load line certificate or a valid international load line
exemption certificate is produced in respect of the ship; and
(b) subject to the provisions of clause (a), a ship
which does not comply with the conditions of assignment to the extent required
in her case by Section 374 shall be deemed to be unsafe for the purpose of
Section 400.
377. Submersion of load lines of ships other than
Pakistani ships. The provisions of Sections 362, 363 and 364 shall apply to
ships other than Pakistani ships, while they are within any port or place in
Pakistan as the apply to Pakistani ships subject to the following modification,
namely,---
(a) no ship carrying cargo or passengers and belonging
to country to which the Load Line Convention applies, shall be detained and no
proceedings shall be taken against the owner or master thereof, by virtue of
the said sections except after an inspection by a surveyor as provided by
Section 374; and
(b) the expression “the appropriate load line” in
relation to any ship other than a Pakistani ship shall mean,---
(i) in the case of a ship in respect of which there is
produced on such an inspection as aforesaid a valid international load line
certificate, the load line appearing by the certificate to indicate the maximum
depth to which the ship is for the time being entitled under the Load Line
Convention to be loaded; and
(ii) in any other case, the load line which
corresponds with the load line indicating the maximum depth to which the ship
is for the time being entitled under the load line rules to be loaded, or, if
no load line on the ship corresponds as aforesaid, the lowest load line
thereon.
378. Inspection of ships belonging to non-convention
countries. The provisions of Section 366 shall apply, in the same manner as
they apply to Pakistani ships, to all other ships while they are within any
port or place in
379. Load line certificate and load line exemption
certificates of ships other than Pakistani ships. (1) The provisions of this
Part relating to the issue, effect, duration, renewal and cancellation of
Pakistan load line certificates or, as the case may be, Pakistan load line
exemption certificate shall apply to ships other than Pakistani ships as they
apply to Pakistani ships subject to the following modifications, namely,---
(a) any such certificate may be issued in respect of
any such ship as in respect of a Pakistani ship provided that any such
certificate issued in respect of a ship of a gross tonnage of one hundred and
fifty or upwards carrying cargo or passengers and belonging to a country to
which the Load Line Convention applies shall only be valid so long as the ship
is not plying on voyages from or to any port or place in Pakistan to or from
any port or place outside Pakistan and shall be endorsed with a statement to
that effect and shall be cancelled by the Federal Government if it has reason
to believe that the ship is so plying; and
(b) the survey required for the purpose of seeing
whether the certificate should remain in force shall take place when required
by the Federal Government.
(2) If the Federal Government is satisfied,---
(a) that the provision has been made for the fixing,
marking and certifying of load lines by the in force in any country outside
Pakistan with respect to ships or any class or description of ships of that
country and has also been so made or has been agreed to be so made for
recognising Pakistan load line certificate or, as the case may be, Pakistan
load line exemption certificate as having the same effect in ports or places of
that country as certificates issued under the said provisions; and
(b) that the said provision for the fixing, marking
and certifying of load lines is based on the same principles as the
corresponding provisions of this Part relating to load lines and equally
effective, it may, be notification in the official Gazette, direct that the
load line certificates or load line exemption certificate issued in pursuance
of the said provisions or in respect of ships of that class or description of
ships of the country, shall have the same effect for the purpose of this Part
as Pakistan load line certificates or, as the case may be, Pakistan load line
exemption certificates,---
Provided that such direction shall not apply to ships
of gross tonnage of one hundred and fifty or upwards carrying cargo or
passengers and belonging to countries to which the Load Line Convention
applies, if such ships are engaged in plying on voyage from or to any port or
place in Pakistan to or from port of place outside Pakistan.
380. Certificates to be produced to Customs by ships,
other than Pakistani ships, belonging to non-Convention countries. The master
of every ship belonging to a country to which the Load Line Convention does not
apply shall produce to the officer of Customs from whom a port clearance for
the ship is sought, either a Pakistan load lines certificate or, as the case
may be, Pakistan load line exemption certificate or a certificate having effect
under this Ordinance as such a certificate, being a certificate for the time
being in force in respect of the ship, and port clearance shall not be granted
and the ship may be detained until the certificate required by this section is
so produced.
CHAPTER 27.
CARRIAGE OR SPECIAL CARGOES
381. Power to make rules in respect of timber cargo.
(1) The Federal Government may, be notification in the official Gazette, make
rules as to the conditions on which timber may be carried as cargo in any
uncovered space on the deck of any Pakistani ship or any other ship within any
port or place in Pakistan, hereinafter referred to as timber cargo rules, and
as to the conditions on which any other cargo may be carried.
(2) The timber cargo rules may prescribe a special
load line to be used only when the ship is carrying timber as cargo on deck and
the conditions on which such special load line may be assigned and may further
prescribe, either generally or with reference to particular voyages or seasons,
the manner and position in which such timber is to be towed and the provisions
which are to be made for the safety of the crew.
(3) Any surveyor authorized in this behalf by the
Federal Government may, at any reasonable time, inspect any ship carrying
timber as cargo in any uncovered space on her deck for the purpose of seeing
whether the timber cargo rules have been complied with.
(4) The owner or master of a ship who contravenes any
provisions of the rules made under the proceeding sub-sections shall be liable
to a fine which may extend to fifty thousand rupees.
(5) The foregoing provisions of this section and the
timber cargo rules shall apply to ships other than Pakistani ships while they
are within Pakistani jurisdiction as they apply to Pakistani ships.
382. Carrying of dangerous goods. (1) The Federal
Government may, be notification in the official Gazette, make rules for
regulating, in the interest of safety, the carriage of dangerous goods in
ships.
(2) In particular and without prejudice to the
generality of the foregoing power, such rules may provide for the
classification of such goods, the packing, marking and stowing of such goods or
any class of such goods, and the fixing of the maximum quantity of any such
class of goods which may be carried in different ships or classes of ships, and
such other matters relating to dangerous goods as required to be provided for
implementing the provisions of the Safety Convention.
(3) The owner, master on agent of a ship carrying or
intending to carry any dangerous goods as cargo and about to make a voyage from
a port or place in Pakistan shall furnish in advance the prescribed particulars
of the ship and the cargo to the Principal Officer, or to such other officer as
may be specified, for the purpose.
(4) A surveyor may inspect the ship for the purpose of
ensuring that the rules made under this section are complied with.
(5) If any of the rules made under this section is not
complied with in relation to any ship, the owner or master of the ship shall be
liable to a fine which may extend to fifty thousand rupees and the ship shall
be deemed for purposes of this part to be an unsafe ship.
(6) This section shall apply, in the same manner as it
applies to Pakistani ships, to ships other than Pakistani ships while they are
within any port in Pakistan or are embarking or disembarking passengers or are
loading or discharging cargo or fuel within Pakistan jurisdiction.
Explanation.-- In this section the expression
“dangerous goods” means goods which by reason of the nature, quantity or mode
of stowage are either singly or collectively liable to endanger the life or the
health of persons on or nearer the ship or to imperil the ship and includes all
substances within the meaning of the expression “explosive” as defined in the
Explosives Act, 1884 (IV of 1884), and any other goods which the Federal
Government may, be notification in the official Gazette, specify as dangerous
goods but shall not includes,---
(a) any fog or distress signals or other stores or
equipment required to be carried by the ship under this Ordinance or the rules
regulations there under; and
(b) particular cargoes carried in ships specially
built or converted as a whole for that purpose, such as tankers.
383. Restrictions on carriage of dangerous goods.--(1)
A person shall not send or attempt to send by any vessel, Pakistani or foreign,
and a person not being the master or owner of the vessel, shall not carry or
attempt to carry in any such vessel, any dangerous goods, without distinctly
marking their nature on the outside of the package containing the same, and giving
written notice of the nature of those goods and of the name and address of the
sender or carrier thereof to the master or owner of the vessel at or before the
time of sending same to be shipped or taking the same on board the vessel.
(2) If any person fails, without reasonable cause to
comply with these section, he shall, for each offence, be liable to a fine
which may extend to fifty thousand rupees or if he shows that he was merely an
agent in the shipment of any such goods as aforesaid, and was not aware and did
not suspect and had not reason to suspect that the goods shipped by him were or
a dangerous nature, he shall be liable to a fine which may extend to five
thousand rupees.
384. Penalty for misdescription of goods.--(1) No
person shall knowingly send or attempt to send by or carry or attempt to carry
in any vessel, Pakistani or foreign, dangerous goods under false description,
nor shall falsely describe the sender or carrier thereof.
(2) If any person contravenes the provisions of
sub-section (1) he shall be liable to imprisonment for a term which shall not
be less than three months and fine not exceeding five hundred thousand rupees.
385. Power to deal with goods suspected of being
dangerous.--(1) The master or owner of any Pakistani or foreign vessel, may
refuse to take on board any package or parcel which he suspects to contain any
dangerous goods, and may require it to be opened to ascertain the fact.
(2) Where any dangerous goods or any goods which, in
the opinion of the master or owner of the vessel, are dangerous goods, have
been sent or brought aboard any Pakistani or foreign vessel, without being
marked as aforesaid, or without such notice having been given as aforesaid, the
master or owner of the vessel may cause those goods to be delivered ashore
together with any package or receptacle in which they are contained and the
expenditure involved in such operation shall be recoverable from the owner or
owners of the goods or supplies.
386. Forfeiture of dangerous goods improperly sent or
carried.--(1) Where any dangerous goods have been sent or carried, or attempted
to be sent or carried, on board any Pakistani or foreign vessel, without being
marked as aforesaid or without such notice having been given as aforesaid, or
under a false description, or with a false description of the sender or carrier
thereof, any court having jurisdiction may declare those goods and any package
or receptacle in which they are contained, to ne dangerous goods, and they
shall thereupon be forfeited and when forfeited shall be disposed of as the
court directs.
(2) The court shall have, and may exercise, the
aforesaid powers of forfeiture and disposal notwithstanding that the owner of
the goods has not committed any offence under the provisions of this ordinance
relating to dangerous goods, and is not before the court,, and has not received
notice of the proceedings, and notwithstanding that there is no evidence to
show to whom the goods belong; nevertheless the court may, in its discretion,
require such notice as it may direct to be given to the owner or shipper of the
goods before they are forfeited.
387. Saving for other enactments relating to dangerous
goods.-- The provisions of this part of this ordinance relating to the carriage
of dangerous good shall bi in addition to, and not in derogation of any other
law for a time being in force.
388. Grain loading plan.--(1) No grain shall be loaded
on board any Pakistani ship anywhere unless there is in force in respect of
such ship a grain loading plan approved under sub-section (3) of sub-section
(4).
(2) The grain loading plan shall be in such form and
contain such particulars as to the stability of the ship, circumstances of
loading on departure and arrival, the main characteristics of the fittings used
to prevent the shifting of cargo and such other matters as may be prescribed,
having regard to the rules made under sub-section (7) of Section 389.
(3) Save as otherwise provided in sub-section (4) the
grain loading plan shall be submitted to the Federal Government for approval
and that Government may having regard to the rules made under sub-section (7)
of Section 389, the stability of the sip and the circumstances of loading on
departure and arrival, approve the plan with such modifications, if any, as it
may deem necessary.
(4) The Federal Government may request the Government
of a country to which the Safety Convention applies to approve the grain
loading ;pan of a Pakistani ship and an approval given in pursuance of such a
request and containing a statement that it has been so given shall have effect
for the purposes of this section as if the approval had been given by the
Federal Government.
(5) The Federal Government may, at the request of the
Government of a country to which the Safety Convention applies approve the grain
loading plan of a ship registered in that country if the Federal Government is
satisfied, in the like manner as in the case of Pakistani ship, that such
approval can properly be given and where approval is given at such a request,
it shall contain a statement that it has been so given.
(6) If the master, owner or agent fails to comply with
the provisions of sub-section (1) he shall, for each offence, be liable to a
fine which may extend to ten thousand rupees.
389. Carriage of grain.--(1) Where grain is loaded on
board any Pakistani ship or is liaded on board any ship within any port or
place in Pakistan, all necessary and reasonable precautions shall be taken to
prevent the grain from shifting; and if such precautions are not taken, the
owner or the master of the ship or any agent of the owner who was charged with
the loading or with sending the ship to sea laden with grain, shall be liable
to a fine which may extend to one hundred thousand rupees and the ship shall be
deemed for the purposes of this part to be unsafe by reason of improper
loading.
(2) Where any ship which is loaded with grain outside
Pakistan without all necessary and reasonable precautions having been taken to
prevent the grain from shifting, enters any port or place in Pakistan so laden,
the owner or the master of the ship shall be liable to a fine which may extend
to one hundred thousand rupees and the ship shall be deemed for the purposes of
this part to be unsafe by reason of importer loading.
(3) Where grain is loaded on board a Pakistani ship
accordance with a grain loading plan approved under Section 388 or where grain
is loaded on board any other ship in accordance with a grain loading plan
approved by or on behalf of the Government of the country in which that ship is
registered the ship shall be deemed, for the purposes of sub-section (1) and
(2), to have been loaded with all necessary and reasonable precautions.
(4) On the arrival at a port or place in Pakistani
from a port or place outside Pakistan of any ship carrying a cargo of grain,
the master shall cause to be delivered at the officer of the Principal Officer
or to such other officer as may be specified by the Federal Government in this
behalf a notice stating,---
(a) the draught of water and free board of the said
shop after the loading of the cargo was completed at the final port of loading;
(b) the kind of grain carried and quantity thereof
stated in cubic meters, cubic feet, quarters, bushels or tons weight; and
(c) the mode in which the grain is stowed and the
precautions taken to prevent the grain from shifting and where the grain has
been stowed in accordance with the ships grain loading plan, if any, that it
has been so stowed.
(5) If the master fails to deliver the notice required
by sub-section (4), or if on any such notice makes any statement that he knows
to be false in a material particular, or recklessly makes a statement that is
false in a material particular, he shall be liable to a fine which may extend
to tin thousand rupees.
(6) A surveyor or any other person authorized in this
behalf, by general or special order of the Federal Government, may for securing
the observance of the provisions of this section inspect a ship carrying a
cargo of grain and the mode in which such cargo is stowed therein and require the
production of the grain loading plan of the ship.
(7) The Federal Government may, be notification in the
official Gazette, make rules prescribing in relation to grain loading plans and
the loading of ships generally or of ships of any class specifying the
precautions to be taken, and when such precautions have been prescribed, they
shall be treated for the purposes of this section to be included in the
expression “necessary and reasonable precautions”.
(8) In this section and Section 388 the expression “grain”
includes wheat, maize (corn), rye, barley, rice, pulses and seeds, and
processed form thereof, and the expression “ship carrying a cargo of grain”
means a ship carrying a quantity of grain exceeding one-third of the ship’s
registered tonnage reckoning two tones by weight of grain as equivalent to one
unit of registered tonnage, or where the height of grain carried in any
compartment exceeds one- third of the height of that compartment.
390. Carriage of bulk cargoes other than grain,
etc.--(1) The Federal Government may, be notification in the official Gazette,
make rules in relation to the loading of bulk cargoes, other than grain as
defined in sub-section (8) of Section 389 and oil in bulk, on any Pakistani
ship or in any ship within any port or place in Pakistan.
(2) The owner or master of a ship in respect of which
the provisions of any of the rules made under sub-section (1) are contravened
shall be liable to a fine which may extended to ten thousand rupees
CHAPTER 28.
UNSEAWORTHY AND UNSAFE SHIPS
391. Unseaworthy ship defined.-- A ship is “ Unseaworthy” within the meaning of this
Ordinance when the materials of which she is made, her construction, the
qualifications of the crew including officers, the weight description and
stowage of the cargo and ballast, the condition of her hull and equipment,
boilers and machinery are not such as to render her in every respect fit for
the proposed voyage or service.
392. Unseaworthy ships not to be sent to se.--(1) Every person who sends or attempts to send a Pakistani
ship to sea from any port or place in Pakistani in such an Unseaworthy state
that the life of any person is likely to be thereby endangered shall, unless he
proves that he used all reasonable means to ensure her being sent to sea in a
seaworthy state, or that her going to sea in such an Unseaworthy state was,
under the circumstances reasonable and justifiable, be liable to imprisonment
for a term which shall not be less than three months and fine not exceeding
five hundred thousand rupees.
(2) Every master of a Pakistani ship who knowingly
takes such ship to sea in such an Unseaworthy state that the life of any person
is likely to be thereby endangered shall, unless he proves that her going to
sea in such an Unseaworthy state was, under the circumstances reasonable and
justifiable, be liable to a fine which may extend to one hundred thousand
rupees.
(3) For the purpose of giving such proof, every person
charged under this section may give evidence in the same manner as any other
witness.
(4) No prosecution under this section shall be
instituted except by, or with the consent of, the Federal Government.
393. Obligation of ship owner to crew with respect to
seaworthiness.--(1) In every contract
of service, express or implied, between the owner of a Pakistani ship and the
master or any seaman there of, there shall be implied, notwithstanding any
agreement to the country, an obligation on the owner of the ship , that such
owner, and the master, and every agent charged with the loading of the ship or
the preparing thereof for sea, or the sending thereof to sea, shall use all
reasonable means to ensure the seaworthiness of the ship for the voyage at the
time when the voyage commences, and to keep her in a seaworthy condition during
the voyage.
(2) For the purpose of seeing that the provisions of
this section have been complied with, the Federal Government may, either at the
request of the owner or otherwise, arrange for a survey of the hull, equipment
or machinery of any sea-going ship by a surveyor.
394. Power to detain unsafe shop and procedure for
detention.--(1) Where a Pakistani
ship in any port or place to which the Federal Government may specially extend
this section is an unsafe ship, that is to say, is by reason of the defective
condition of her hull, equipment or machinery, or by reason of under manning or
by reason of over loading or improper loading, unfit to proceed to sea without
serious danger to human life, having regard to the nature of the service for
which she is intended, such ship may be provisionally detained for the purpose
of being surveyed such ship may be provisionally detained or released as
follows, namely;---
(a) the General Government, if it has reason to
believe, on complaint or otherwise, that any such ship is unsafe, may order the
ship to be provisionally detained an as unsafe ship for the purpose of being
surveyed.
(b) a written statement of the grounds of such
detention shall be forthwith served on the master of such ship;
(c) when the Federal Government orders that a ship be
provisionally detained, it shall either refer the matter to the Court of Survey
for the port where the ship is detained, or forthwith appoint some competent
person to survey such ship forthwith appoint some competent person to survey
such ship and report thereon; and, on receiving the reports, may either order
the ship to be released, or if in its opinion the ship is unsafe, may order her
to be finally detained, either absolutely or until the performance of such
conditions with respect to the execution of repairs or alterations, or the
unloading or reloading of cargo, as the Federal Government thinks necessary for
the protection of human life;
(d) before an order for final detention is made, a
copy of the report shall be served upon the master of the ship and within seven
days after such service, the owner or master may appeal against days after such
service, the owner or master may appeal against such report, in the manner
prescribed, to the Court of Survey for the pot where the ship is detained;
(e) where a sip has been provisionally detained and a
person has been appointment under this section to survey such ship, the owner
or master of the ship, at any time before such person makes that survey, may
require that he shall take with him as assessor such person as the owner or
master may select, being a person named in the list of assessors for the Court
of Survey or if there is no such list or if it is impracticable to procure the
attendance of any person named in such list, a person of nautical engineering
or other special skill and experience. If the surveyor and assessor agree that
the ship should be detained or released, the Federal Government shall cause the
ship to be detained or released accordingly, and the owner or master shall have
no right of appeal. If the surveyor and assessor differ in their report, the
Federal Government may act as if the requisition had not been made, and the
owner or master shall have a right of such appeal touching the report of the
surveyor as is here in before provided in this section.
(f) where a ship has been provisionally detained, the
Federal Government may, at anytime if it thinks it expedient, refer the matter
to the Court of Survey for the port where the ship is detained; and
(g) the Federal Government may, at any time if satisfied
that a ship detained under this section is not unsafe, order her to be released
either upon or without any conditions.
(2) A Principal Officer or any other person appointed
by the Federal Government for the purpose (in this Ordinance referred to as a
Detaining Officer), shall have the same power as the Federal Government has
under this section of ordering that a ship be provisionally detained for the
purpose of being surveyed, and or appointing a person to survey her; and, if he
thinks that a ship so detained by him is not unsafe; a detaining officer may
order her to be released.
(3) A detaining officer shall forthwith report to the
Federal Government any order made by him for the detention or release of a
ship.
(4) A ship detained under this section shall not be
released by reason of her ceasing to be a Pakistani ship subsequent to her
detention.
(5) A detaining officer. for the purpose of this
Chapter, may,---
(a) go on board any ship and may inspect the same or
any part thereof; or any of the machinery, equipment and cargo on board
thereof, and require the unloading or removal; of any cargo, ballast or tackle,
no unnecessarily detaining or delaying her from discharging, unloading or
proceeding on any voyage;
(b) by summons under his hand, require the attendance
of all such persons as he thinks fit to call before him. examine such persons,
and, by a like summons, require returns in writing to any inquiries he thinks
fit to make;
(c) require and enforce the production of all books,
papers or documents which he considers important; and
(d) administer oaths, or in lieu of administering an
oath, requires every person examined by him to make and subscribe a declaration
of the truth of the statements made by him in his examination.
395. Liability of ship owner for costs and damages
when ship wrongly detained.--If it
appears that there was no reasonable and probable cause, by reason of the
condition of the ship or that act or default of the owner or the master, for
the provisional detention of a ship, the Federal Government shall be liable to
pay to the owner of the ship his costs of, an incidental to, the detention and
survey of the ship and also compensation for any loss or damages sustained by
him y reason of the detention or survey.
396. Liability of ship owner for costs when ship
rightly detained.--If a ship is
finally detained under this Chapter, or if it appears that a ship provisionally
detained was at the time of such detention unsafe, or if a ship is detained in
pursuance of any provisions of this Chapter which period for the detention of a
ship until a certain event occurs, the owner of the ship shall be liable to pay
to the Federal Government the costs of, and released until such costs are paid.
397. Method of calculating costs of detention and
survey.--For the purposes of this
Ordinance, the costs of, and incidental to, any proceeding before a Court of
Survey and a reasonable amount in respect of the remuneration of the surveyor
or any person appointed to represent the Federal Government before a Court of
Survey and person appointed to represent the Federal Government before the
Court, shall be deemed to be part of the costs of the detention and survey of
the ship.
398. Power to require from complainant security for
costs.--When a complaint is made to
the Federal Government or a Detaining officer that Pakistani ship is unsafe, it
shall be in the s=discretion of the Federal Government or the detaining
officer, as the case may be, to require the complainant to give security to the
satisfaction of the Federal Government or the detaining officer for the costs
and compensation which such complainant may become liable to pay as hereinafter
mentioned:---
Provided that, where the complaint is made by
one-fourth being not less than three, of the seaman belonging to the ship, and
is not in the opinion of the Federal Government or the Detaining Officer
frivolous or vexatious, such security shall not be required, and the Federal
Government or the Detaining Officer shall, if the complaint is made in
sufficient time before the sailing of the ship, take proper steps to ascertain
whether the ship ought to be detained under this Chapter.
399. Costs, etc., payable by Federal Government to be
recovered from complainant.--Where a
ship is detained in consequence of any complaint and the circumstances are such
that the Federal Government is liable under this Chapter to pay to the owner of
the ship any cost or compensation, the complaint shall be liable to pay to
Federal Government all such costs and compensation as the Federal Government
incurs, or is liable to pay, in respect of the detention and survey of the
ship.
400. Application to ships other than Pakistani ship of
provisions as to detention.--When a
ship other than a Pakistani ship is in a port in Pakistan and is, whilst at the
port, unsafe by reason of,---
(a) the defective condition of her hull, equipment,
machinery, unsafe operational procedure or by reason of over-loading or
improper loading;
(b) the condition of the ship, or any part thereof, or
the stability is such that it cannot proceed to sea without danger to the ship
or the person on board;
(c) the ship is unsafe by reason of under manning, its
loading condition or because of its carries too many passengers; and
(d) the provisions, water or medical stores are of such
quality and quantity that this endangers the safety or health of persons on
board; the provisions of this chapter with respect to the detention of ships
shall apply to that ship as if she were as Pakistani ship, with the following
modifications, namely:---
(i) copy of the order for the provisional detention of
the ship shall forthwith be served on the consular officer for the country to
which the ship belongs at or nearest to the port in which such ship is
detained.
(ii) the consular officer, at the request of the owner
or master of the ship, may require that the person appointed by the Federal
Government to survey the ship shall be accompanied by such person as the
consular officer may select, and in the case if the surveyor and that person
agree, the Federal Government shall cause the ship to be detained or released
accordingly; but, if they differ, the Federal Government may act as if the
requisition had not been made, and the owner and master shall have the like
right of appeal to a Court of Survey touching the report of the surveyor as is
here in before provided in the case of a Pakistan ship; and
(iii) where the owner or master of the ship appeals to
the Court of Survey, the consular officer, at the request of the owner or
mas-ter, may appoint a competent person to be assessor in the case in lieu of
the assessor who if the ship were a Pakistani ship, would be appointed
otherwise than by the Federal Government.
401. Detention etc., of foreign ships in cases to
which Section 400 does not apply. Where
any ship other than a Pakistani ship is detained under this Part in any case to
which the provisions of Section 400 do not apply, or where an proceedings are
taken under this Part against the master or owner of any such ship, notice
shall forthwith be served on the consular officer for the country to which the
ship belongs at or nearest to the port where the ship is for the time being,
and notice shall specify the grounds on which the ship has been detained or the
proceedings have been taken.
402. Exemption of ships from certain provisions of the
Chapter. Nothing in this Chapter
shall apply to any ship other than a Pakistani ship while it is within any port
in
PART VII.
NAVIGATION, COLLISIONS AND ACCIDENTS
CHAPTER 29.
NAVIGATION
403. Method of giving helm order. (1) No person on any Pakistani ship shall, when the
ship is going ahead give helm or steering order containing the word “starboard”
or “right” or any equivalent of “starboard” or “right” unless he intends that
the head of the ship shall move to the right or give a helm or steering order containing
the word “port” or “left” or any equivalent of “port” or “left” unless he
intends that the heads of the ship shall move to the left.
(2) Any person who contravenes the provisions of this
section shall for each offence, be liable to a fine which may extend to five
thousand rupees.
404. Duty to report dangers to navigation. (1) The master of a Pakistani ship or meeting with,---
(a) dangerous ice;
(b) a dangerous derelict;
(c) a tropical storm;
(d) air temperatures below freezing point associated
with gale force winds causing severe ice accretion on the superstructure of the
ship;
(e) winds of force ten or above on the Beauport scale
for which no storm warning has been received; or
(f) any other direct danger to navigation,---
shall send information accordingly by all means of
communication at his disposal, and in accordance with such rules as the Federal
Government may make in this behalf, to ships in the vicinity and to such
authorities on shore as may be prescribed by those rules.
Explanation. For the purposes of this section, the
expression “tropical storm” means a hurricane, typhoon, cyclone or other storm
of a similar nature, and the master of a ship shall be deemed to have met with
a tropical storm if he has reason to believe that there is such a storm in the
vicinity.
(2) If the master of a shi fails to comply with the
provisions of this Section he shall, for each offence, be liable to a fine
which may extend to five thousand rupees.
405. Careful navigation near ice. (1) When ice is reported on or near his course, the
master of every Pakistani ship shall proceed at a moderate speed or alter his
course so as to pass well clear of the danger zone.
(2) If the master of any such ship fails to comply
with the provisions of this section, he shall be liable to a fine which may
extend to five thousand rupees.
406. Obligation to render assistance on receiving
signal of distress. (1) master of
Pakistani ship on receiving at sea a signal of distress of distress or
information from any source that a vessel or aircraft is in distress shall
proceed with all speed to the assistance of the persons in distress (informing
them if possible that he is doing so) unless he is unable or in the special
circumstances of the case considers it unreasonable or unnecessary to do so or
unless he is released from such obligation under the provisions of sub-section
(3) or sub-section (4).
(2) Where the master of any ship in distress has
requisitioned any Pakistani ship that has answered his call, it shall be the
duty of the master of the requisitioned ship to comply with the requisitioned
by continuing to proceed with all speed to the assistance of the persons in
distress unless he is released from the obligation under the provisions of
sub-section (4).
(3) The master shall be released from the obligation
imposed by sub-section (1) as soon as he is informed of the requisition or one
or more ships other than his own and that the requisition is being complied
with by the ship or ships requisitioned
(4) The master shall be released form the obligation
imposed by sub-section (1), if his ship has been requisitioned form the
obligation imposed by sub-section (2), if he is informed by the persons in
distress that assistance is no longer required.
(5) If the master of any Pakistan ship on receiving at
sea a signal of distress or information from any source that a vessel or
aircraft is in distress is unable or in the special circumstances of the case
considers it unreasonable or unnecessary to go to the assistance of the persons
in distress, he shall forthwith cause a statement to be entered in the official
log-book or , if there is no official log-book, cause other record to be kept
of his reasons for not going to the assistance of those persons; and if he
fails to do so he shall be liable to a fine which any extend to ten thousand
rupees.
(6) The master of every Pakistani ship for which an
official log-book is required shall enter of cause to be entered in the
official log-book every signal of distress or message that a vessel, aircraft
or person is in distress at sea.
(7) Any master, failing to comply with the provisions
of sub-section (1) or sub-section (2), shall be liable to a fine which may
extend to fifty thousand rupees.
407. Power to make rules. The Federal Government may, by notification in the
official Gazette, make rules prescribing,---
(a) the manner of communicating information regarding
dangers to navigation, and the authorities on shore to whom such information is
to be communicated;
(b) the signals which shall be signals of distress and
of urgency respectively;
(c) the circumstances in which, and the purposes for
which any such signal is to be used and the circumstances in which it is to be
revoked; and
(d) the speed at which any message sent by radio
telegraphy or by any other means in connection with such signal is to be
transmitted.
408. Ships to carry certain navigational instruments,
etc. (1) Every Pakistani ship shall
be provided with such navigational and meteorological instruments, equipment
(in addition to those referred to in Section 339), and publications including
charts, directions or information as appear necessary or expedient for the safe
operation of ship, as the Federal government may be rules prescribe, and such
rules may also prescribe the manner in which such instruments and equipment
shall be maintained.
(2) The Principal Officer or surveyor may go on board
any ship and inspect the instruments, equipment and publications maintained
under sub-section (1) with a view to satisfying himself that the provisions of
that sub-section have been duty complied with.
(3) If the Principal Officer or surveyor is of opinion
that the provisions of sub-section (1) are not being complied with by any
Pakistani ship, he may detain the ship until such time as those provision have
been duly complied with.
409. Signalling lamps. (1) Every Pakistani, ship, being a ship of a gross
tonnage of over one hundred and fifty, shall, when proceeding to sea from any
port or place in Pakistan, be provided with a signalling lamp of the type
approved by the Federal Government.
(2) If any ship proceeds or attempts to proceeds to
sea in contravention of this section, the owner or master thereof shall, for
each offence, be liable to a fine which may extend to five thousand rupees.
410. Meteorological observations to be recorded, etc. (1) Every Pakistani ship shall make meteorological
observations at such intervals and record the same in such meteorological log
as may be Prescribed.
(2) Any Pakistani ships or ship required by the
Federal Government to do so shall transmit meteorological reports at such times
and to such authorities as may be appointed in this behalf.
(3) The master of a ship in respect of which the
provisions of sub-section (1) or sub-section (2) are contravened shall be
liable to a fine which may extend to five thousand rupees.
CHAPTER 30.
COLLISIONS AND ACCIDENTS
411. Collision regulation. (1) The Federal Government may, by notification in the
official gazette, make regulations for the prevention of collisions at sea, and
may thereby regulate the lights and shapes to be carried and exhibited, the fog
and distress signals to be carried and used, and the steering and sailing rules
to be observed by Pakistani ship, and by sailing vessels and fishing vessels
registered in Pakistan.
(2) The collision regulations, together with the
provisions of Sections 412 and 413 shall also be observed, while within
Pakistan jurisdiction, by all ships other than Pakistani ships and by all
sailing vessels and fishing vessels not registered in Pakistan, and, in any
case arising in any Court in Pakistan concerning matters arising within
Pakistani jurisdiction, such ships and vessels shall, for the purpose of
application of the collision regulations and the said provisions, be treated as
if they were Pakistani ships or sailing vessels or fishing vessels registered
in Pakistan, as the case may be.
412. Observance of collision regulations. (1) The owner or master or every ship and the owner,
nakhuda or skipper of every sailing vessel or fishing vessel shall observe the collision
regulations and shall not than those required by the said regulations.
(2) Any person who contravenes the provisions of
sub-section (1), shall, for each offence, be liable to a fine which may extend
to ten thousand rupees.
(3) If any damage to person or property arises from
the non-observance by any such ship or vessel of any of the collision
regulations, the damage shall be deemed to have been occasioned, by the wilful
default of the person charge of the ship or the vessel, as the case may be, at
the time the case made a departure from the regulations necessary.
413. Inspection of lights and shapes, etc. (1) A surveyor, or such other person as may be
appointed by the Federal Government in this behalf, may inspect any ship
whether a Pakistani ship or not, and any sailing vessel or fishing vessel
whether registered in Pakistan or not, for the purpose of seeing that the ship
or vessel is properly provided with lights and shapes and the means of making
fog and distress signals in conformity with the collision regulations, and, if
the surveyor or such other person finds that the ship or vessel is not so
provided with, he shall give to the owner or to the master, nakhuda or skipper,
as the case may be, notice in writing pointing out the deficiency, and also
what is, in his opinion, requisite in order to remedy the same.
(2) Every notice so given shall be communicated in the
prescribed manner to the officer of Customs at any port or place from which
such ship or vessel may seek to clear; and no officer of Customs to whom such
communication is made shall grant such ship or vessel a port clearance or allow
her to proceed to sea without a certificate under the hand of some person
appointed as aforesaid to the effect that the ship or vessel is properly
provided with lights and shapes and with the means of making fog and distress
signals in accordance with the said regulations.
414. Saving for rules of navigation in harbour, etc. Nothing in this Ordinance shall affect the operation
of any rules concerning lights and signals to be carried, or the steps for
avoiding collisions to be taken, by vessels navigating the waters of any
harbour, river or other in land navigation, made, whether before or after the
commencement of this Ordinance, under any law for the time being in force.
415. Duty of master to assist in case of collision. (1) In every case of collision between two ships, the
master or person ion charge of each ship, in and so far as he can do so without
danger to his own ship, crew and passengers, if any, shall,---
(a) render to the other ship, her master, crew and
passengers, if any, such assistance as may be practicable and may be necessary
to save them from any danger caused by the collision and stay be the other ship
until he has ascertained that she has no need of further assistance; and
(b) give to the master or person in charge of the
other ship the name of his own ship and of the port to which she belongs and
also the names of the ports from which she comes and to which she is bound.
(2) If the master or person in charge fails, without
reasonable cause, to comply with this section he shall, for each offence, be
liable to a fine which may extend to fifty thousand rupees and if he is a
certificated officer, an inquiry into his conduct may be held, and his certificate
suspected or cancelled.
416. Collision to be entered in official-log. (1) In every case of collision in which it is
practicable so to do, the master or every ship concerned shall, immediately
after the occurrence, cause a statement thereof and of the circumstances under
which the same occurred to be entered in the official log-book, if any, and the
entry shall be signed by the master and also by one of the officers or one of
the crew.
(2) If a master fails to comply with this section, he
shall be liable to a fine which may extend to five thousand rupees.
417. Report, to Federal Government of accidents to
ships. (1) When a ship has sustained
or caused any accident occasioning loss of life or any serious injury to any
person or has received any material damage affecting her seaworthiness or her
efficiency either in her hull or is so altered in any part of her machinery as
not to correspond with the particulars contained in any of the certificates
issued under this Ordinance in respect of the ship, the owner or master shall,
within twenty-four hours after the happening of the accident or damage or as
soon thereafter as possible, transmit to the Federal Government, or the nearest
Principal Officer, a report of the accident or damage and of the probable cause
thereof stating the name of the ship, her official number, if any, her port of
registry and the place where she is.
(2) If the owner or master fails, without reasonable
cause, to comply with this section he shall be liable to a fine which may
extend to five thousand rupees.
418. Notice of loss of Pakistani ship to be given. (1) If the owner or agent of any Pakistani ship has
reasons, owing to the non-appearance of the ship or to any other circumstance,
to apprehend that the ship has been wholly lost, he shall, as soon as
conveniently may be, send to the Federal Government notice in writing of the
loss and of the probable cause thereof stating the name of this ship, her
official number, if any, and her port of registry.
(2) If the owner or agent fails, without reasonable
cause, to comply with this section he shall be liable to a fine which may
extend to five thousand rupees.
419. Division of loss in case of collision. (1) Whenever by the fault of two or more ships damages
or loss is caused to one or more of them or to the cargo of one or more of them
or to any property on board one or more of them, the liability to make good the
damage or loss shall be in proportion to the degree in which each ship was at
fault:---
Provided that
(a) if, having regard to all the circumstances of the case, it is not possible
to establish different degrees of fault, the liability shall be apportioned
equally;
(b) nothing in this section operate so as to render
any ship liable for any loss or damage to which her fault has not contributed;
and
(c) nothing in this section shall affect the liability
of any person under any contract or shall be construed as imposing any
liability upon any person from which he is exemption by any contract or by any
provision of law, or as affecting the right of any person to limit his
liability in the manner provided by law.
(2) For the purposes of this Chapter, references to
damage or loss by the fault of a ship shall shall be construed as including
references to any salvage or other expenses, consequent upon that fault,
recoverable in law by way of damages.
420. Damages for personal injuries. (1) Whenever loss of life or personal injuries are
suffered by any person on board a ship owing to the fault of that ship and of
any other ship or ships, the liability of the owners of the ships concerned
shall be joint and several.
(2) Nothing in this section shall be construed as
depriving any person of any right of defence on which, independently of this
section, he might have relied in any action brought against him by the person
injured, or any person entitled to sue in respect of such loss of life, or
shall affect the right of any person to limit his liability in cases to which
this section relates in the manner provided by law.
421. Right of contribution. (1) Whenever loss of life or personal injuries are
suffered by a person on board a ship owing to the fault of that ship and of any
other ship or ships, and a proportion of the damages is recovered from the
owner, of one of the ships, which exceeds the proportion in which she was in
fault, the said owner may recovery way of contribution the amount of the excess
from the owners of the other ship or ships to the extent to which those ships
were respectively in fault:---
Provided that no amount shall be so recovered which
could not by reason of any statutory or contractual limitation of, or exemption
from, liability or which could not for any other reason, have been recovered in
the first instance as damages by the persons entitled to sue thereof.
(2) In addition to any other remedy provided by law,
the person entitled to any contribution under sub-section (1) shall, for the
purpose of recovering the contribution, have, subject to the provisions of this
Ordinance, the same rights and powers as the persons entitled to sue for
damages in the first instance.
422. Power to make rules for maritime communication. (1) The Federal Government may, by notification in the
official Gazette, make rules to ensure that the maritime emergency and safety
communication shall be carried out in a satisfactory manner.
(2) Rules made under sub-section (1) may regulate, inter-alia,
the provision of necessary facilities and, the assignment of radio frequencies,
and may provide for the training and certification of personnel in charge of the
maritime communications in a coastal radio station.
423. Power to make regulations for search and rescue. (1) The Federal Government may, by notification in
official Gazette, make regulations to ensure that the necessary arrangements
are made in
(2) Regulations made under sub-section (1) shall
include provisions on the establishment, operation and maintenance of such
maritime safety facilities as are deemed practicable and necessary having
regard to the density of the sea-going traffic and the navigational dangers,
and shall, so far as possible, afford adequate means of locating and rescuing
such persons and shall provide for the training and certification of personnel
involved in search and rescue operations.
PART VIII.
OFFICIAL LOGS
CHAPTER 31.
OFFICIAL LOGS
424. Official logs to be kept and to be dated. (1) Except in the case of a coasting ship not coasting
ship not exceeding a gross tonnage of two hundred and a sailing vessel or
fishing vessel, an official logs to be kept and to be dated.--(1) Except in the
case of a coating ship not exceeding a gross tonnage of two hundred and a
sailing vessel or fishing vessel, an official log in the prescribed from shall
be kept in every Pakistani vessel, an official log in the prescribed from shall
be kept in every Pakistani ship and in every other ship which carries any
Pakistani seamen engaged in Pakistan.
(2) The official log shall be kept distinct from the
ordinary ship’s log.
(3) Any entry required by this ordinance in the
official log-book shall be made as soon as possible after the occurrence to
which it relates, and if not made on the same day as that occurrence and of the
entry respecting it; and if made in respect of an occurrence happening before
the arrival of the ship at her final port of discharge, shall not be made more
than twenty-four hours after that arrival.
(4) Save as otherwise provided in this Ordinance every
entry in the official log-book shall be sighed by the master and by the mate or
some other member of the crew and also,---
(a) if it is entry of illness, injury or death, shall
be signed by the surgeon of medical practitioner on board, if any; and
(b) if it is an entry of wages due to, or of the sale
of the effects of, a seaman of apprentice who dies, shall be signed by some
other member of the crew.
(5) Every entry made in an official log-book in the
manner provided by this Ordinance shall be admissible in evidence.
425. Entries required to be made in official log-book.-- The master of every Pakistani ship for which an
official log is required shall enter or cause to be entered in the official
log-book the following matters, namely,---
(i) every conviction by a Court or other authority of
a member of his crew, and the punishment inflicted;
(ii) every offence omitted by a member of his crew,
and, if the offence is one for which it is intended to prosecute or to enforce
a forfeiture or to exact a fine together which such statement concerning the
reading over of that entry, and concerning the reply, if any, made to the
charge as is by this Ordinance required;
(iii) every offence for which punishment is inflicted
on board and the punishment inflicted thereof;
(iv) a statement of the conduct, character and
qualifications, and a report on the quality of work of each member of his crew,
opinion on those particulars;
(v) every case of illness or injury happening to a
member of the crew with the nature thereof, and the medical treatment adopted,
if any;
(vi) every case of death happening on board and the
cause thereof;
(vii) every birth happening on board with the sex of
the infant and the names of the parents;
(viii) every marriage taking place on board with the
names and ages of the parties;
(ix) the mane of every seaman or apprentice who ceases
to be a member of the crew otherwise than by death, with the place, time,
manner and cause thereof;
(x) the wages due to any seaman or apprentice who
dies, or otherwise ceases to be a member of the crew, during the voyage, and
the gross amount of all deductions to be made therfrom;
(xi) the money or other property taken over of any
seaman or apprentice who dies during the voyage and the sale of such effects,
if any, indicating a statement of each article sold and of the sum received for
it;
(xii) every disrating of seaman along with a statement
of disrating and of the fact that a copy of the entry has been furnished to the
seaman;
(xiii) a statement of the effects left on board by a
seaman who is lift behind out of Pakistan and the amount due to him on account
of wages at the tine he was left behind;
(xiv) a record of examination of provisions and water
and the result of such examination;
(xv) a record of inspection of crew accommodation and
the result of such inspection;
(xvi) every collision with any other ship and the
circumstances under which the same occurred;
(xvii) every fire or boiler explosion occurring on the
ship and the circumstances under which the same occurred;
(xviii) a statement of any damage sustained by the
ship or cargo as a result of any fire, boiler explosion, perils of the seas or
any other reason during the voyage;
(xix) a statement of the nature and amount of cargo
jettisoned for the safety of the crew, passengers or the ship;
(xx) the tine of closing and opening the hinged doors,
portable plates, side scuttles, gangway, cargo and coaling ports and other
openings which are required by any rules made under this Ordinance to be kept
closed during navigation;
(xxi) a record of all drills and inspections required
by any rules made under this Ordinance with an explicit record of any defects
disclosed; and if boat drill land fire drill are not practiced on board the
reasons why boat drill and fire drill were not practiced as required by such
rules.
(xxii) a statement by the master that he has, before
the commencement of voyage, made an inspection as to whether the ship is in all
respects seaworthy, safe and in a fit condition to proceed to sea;
(xxiii) the particulars as to the position of the deck
line and load line specified in the load line certificate;
(xxiv) such particulars relating to the depth to which
the ship is loaded before leaving any place for the purpose of proceeding to
sea as may e required by any rules made under this Ordinance;
(xxv) a statement by the master that he had not found
any stowaway on board before the commencement of the voyage;
(xxvi) the tonnage of the space, measured in
accordance with any rules made under the ordinance, occupied goods carried as,
deck cargo;
(xxvii) any order made by a Maritime Board;
(xxviii) every signal of distress or message that a
vessel, aircraft or person is in distress at sea, received by the master;
(xxix) any occasion when the master has been unable to
go to the assistance of any vessel or aircraft of person in distress at sea
together with his reasons for the inability;
(xxx) a list of documents delivered to him on taking
commend of the ship; and
(xxxi) any other matter which may be prescribed for
entry in the official log-book.
426. Entries required to be made in official log-book
of every other ship which carries Pakistani seamen.-- The master of every ship, not being a Pakistani
ship, for which an official log is required, shall inter or cause to be entered
in the official log-book only such of the matters specified in clauses (i) to
(vi) and clauses (ix) to (xv) of Section 425, as relate to the Pakistani seamen
engaged in Pakistan as member of his crew provided that entry is witnessed by
any other Pakistani officer or Pakistani crew, if any.
427. Offences is respect of official log. (1) If an official log-book is not kept in the manner
required by this Ordinance, or if an entry required by this Ordinance to be
made there in is not made at the time and in the manner required, the master
shall, if no other penalty is provided by this Ordinance, for each offence, be
liable to a fine which may extend to five thousand rupees.
(2) If any person makes for for procures to be made or
assists in making any entry in any official log-book in respect of any
occurrence happening previously to the arrival of the ship at her final port of
discharge more than twenty-four hours after such arrival, he shall, for each
offence, be liable to a fine which may extend to five thousand rupees.
(3) If any person wilfully destroys or mutilates or
renders illegible any entry in any official log-book, or wilfully makes or
procures to be made or assists in making a false or fraudulent entry in, or
omission from, an official log-book, he shall be liable to a fine which may
extend to five thousand rupees.
428. Delivery of official logs. (1) The master of every foreign-going ship for which
an official log-book is required to be kept shall, within forty-eight hours
after the ship’s arrival at he final port destination in Pakistan or upon the
discharge of the crew, whichever first happens, deliver the official log-book
of the voyage to the Shipping Master before whom the crew is discharged.
(2) The master or owner of every home-trade ship, and
of every coasting ship, for which an official log is required to be kept shall,
within twenty-one days of the thirtieth day of June and the thirty-first day of
December in every year, transmit or deliver to some shipping Master in Pakistan
the official log-book for the proceeding half-year.
(3) If the master or owner of a ship fails without
reasonable cause, to comply with the section, he shall be liable to a fine
which may extend to five thousand rupees.
429. Official logs to be sent to Shipping Master in
the case of transfer or loss of ship. (1)
if for any reason the official log ceases to be required in respect of a ship,
the master or owner of the ship shall, if the ship is then in Pakistan, within
one month, and, if she is elsewhere, within six months, after the cessation,
deliver or transmit to the shipping Master at the port or place where the crow
was engaged the official log-book duly completed up to the time of the
cessation.
(2) If a ship for which an official log is required to
be kept is lost or abandoned, the master or owner thereof, shall, if
practicable, and as soon as possible, deliver or transmit to the shipping
Master at the port or place where the crew was engaged the official log-book fully
completed up to the time of the loss or abandonment.
(3) If the master or owner of the ship fails, without
reasonable cause to comply with the provisions of this section he shall, for
each offence, be liable to a fine which may extend to five thousand rupees.
430. Power to call for official logs. (1) The Federal Government or the Maritime Board, or
any Principal Officer, surveyor, Shipping Master or Pakistan consular officer
may, be order in writing, at any time, call for the official log book of a ship
for the purpose of inspection of the entries made therein, and the master or
owner of the ship shall, unless the official log-book has already been called
for under this section, produce the same at the time and place specified in the
order.
(2) If the master or owner fails, with out reasonable
cause, to comply with an order made under sub-section (1), he shall, for each
offence, be liable to a fine which may extend to five thousand rupees.
PART IX
FISHING AND SAILING VESSELS
CHAPTER 32
FISHING VESSELS
431.
Application of Chapter. This
chapter applies to sea-going fishing vessels propelled by mechanical means
only.
432.
Ascertainment of tonnage. For
the purpose of this Chapter, the tonnage of fishing vessels shall be such as
may be ascertained in accordance with rules made for the ascertainment of
tonnage under Part II except that in the case of a power driven trawler such
tonnage shall be her gross tonnage.
433.
Registration of fishing vessels. (1)
Every fishing vessel to which this Chapter applies shall be registered in
accordance with the provisions of this section.
(2)
A fishing vessel registered at any time before the commencement of this Chapter
at any port in Pakistan under any law for the time being in force shall, for a
period of one year from such commencement or for such further period as may be
specified in this behalf by the Federal Government, be required to be
registered under this Chapter and be recognized as a fishing vessel registered
in Pakistan and, if she is not registered in Pakistan and, if she is not
registered under this Chapter within such period, shall be liable to be
forfeited to the Federal Government.
(3)
The owner of every fishing vessel shall make an application in the prescribed
form to the Registrar for the grant to him of a certificate of registry in
respect of the vessel, and shall cause the tonnage of the vessel to be
ascertained in the prescribed manner.
(4)
The registrar, to be called the fishing vessel’s registry, may make such
inquiry as he thinks fit with respect to the particulars contained in the
application, and shall enter in a register, the following particulars in respect
of the vessel, namely,---
(a)
the name of the vessel, the place where she was built, and the port to which
she belongs;
(b)
her tonnage ascertained;
(c)
type of engines;
(d)
the name, occupation and address of the owner;
(e)
the letter and number assigned to the vessel;
(f)
the mortgages, if any, effected by the owner in respect of the vessel; and
(g)
such other particulars as may be prescribed.
(5)
After the particulars in respect of the vessel have been entered in the fishing
vessel’s registrar under sub-section (4), the Registrar shall grant to the
applicant a certificate of registry in the prescribed form on payment of a fee
according to such scale as may be prescribed having regard to the tonnage of
the vessel.
(6)
A fishing vessel which is required to be registered under this Chapter but is
not so registered shall be detained by the Principal Officer, Surveyor or a
officer of Customs until the certificate of registry is produced by the owner
or any other person in charge of the vessel.
434.
Effect of registration of fishing vessels.--(1) In all proceedings under this Ordinance against the owner
or skipper of, or any person belonging to, any vessel entered in the fishing
vessel’s register, or for the recovery of damages for injury done to such
vessel, the register shall be conclusive evidence that the person entered
therein at any date as owner of the vessel was at that date the person entered
there in at any date as owner of the vessel was at that date the owner thereof,
and that the vessel is Pakistani sea going fishing vessel.
(2)
This section shall not prevent any proceedings being instituted against any
person not so entered who is beneficially interested in the vessel nor shall it
affect the rights of the owners among themselves, if there be more than one owner,
or the rights of any owner entered who is beneficially interested in the
vessel.
(3)
Save as aforesaid, entry in the fishing vessel’s register shall not confer,
take away, or affect any title to, or interest in, any such vessel.
435.
Particulars relating to fishing vessels to be painted.-- (1) The owner of a vessel registered under
Section 433 shall paint or cause to be painted permanently in the prescribed
manner on some conspicuous part of the vessel, the name by which the vessel has
been registered, the letter and number assigned by the registrar, and the port
to which she belongs, and shall ensure that the vessel remains so painted.
(2)
If the owner contravenes any of the provisions of sub-section (1), he shall,
for each offence, be liable to a fine which may extend to five thousand rupees.
436.
Change of name.-- A change
of name of a fishing vessel registered under Section 433 shall not be made
except in accordance with the rules made for change of name under Part II, and
when so effected, shall be entered in the fishing vessel’s register.
437.
Change of ownership.--(1)
No person shall transfer or acquire any fishing vessel registered under this
Chapter or any interest herein without the previous approval in writing of the
Federal Government or an officer authorized by it in this behalf; and any
transaction effected in contravention of this section shall be void and
unenforceable.
(2)
Every change of ownership shall be reported, jointly by the registered owner
and the new owner, to the registrar in the prescribed form, and the registrar
shall make such inquiry as he thinks fit with respect to the change of
ownership, and shall thereupon enter the name of the new owner in the fishing
vessel’s register and endorse the certificate of registry accordingly.
(3)
Whoever contravenes any of the provisions of this section, shall, for each
offence, be liable to a fine which may extend to five thousand rupees.
438.
Mortgages of fishing vessels.-- (1)
Every mortgage of a fishing vessel or of any interest therein effected after
the commencement of this Chapter shall be registered with the registrar.
(2)
Every mortgage of a fishing vessel or any interest therein effected before the
commencement of this Chapter shall, if subsisting at such commencement, be
registered with the registrar within six months thereof unless it is earlier
discharged.
(3)
The registrar shall enter such mortgage in the fishing vessel’s register in the
order in which it is registered with him.
(4)
If there are more mortgages than one recorded in respect of the same fishing
vessel or interest therein the mortgages shall, notwithstanding any express,
implied or constructive notice, have priority according to the date on which
each mortgage is registered with the registrar and not according to the date of
each mortgage itself:---
Provided
that nothing contained in this sub-section shall affect the relative priorities
as they existed immediately before the commencement of this Ordinance as
between mortgages of the same vessel or interest therein effected before such
commencement which are registered in accordance with the provisions of
sub-section (2).
439.
Registration of alterations,--(1)
When a fishing vessel is so altered as not to correspond with the particular
relating to her entered in the certificate of registry, the owner of such
vessel shall make a report of such alteration to the registrar of the port
where the vessel is registered, and the registrar shall either cause the
alteration to be registered or direct that the vessel be registered a new, in
accordance with such rules as may be made in this behalf.
(2)
If the owner fails to comply with the provisions of this section, he shall, for
each offence, be liable to a fine which may extend to five thousand rupees.
440.
Transfer of registry.-- The
registry of a fishing vessel may be transferred from one port to another in
441.
Entries in register relating to vessel lost, etc; to stand closed. (1) if a fishing vessel is lost, destroyed
or rendered permanently unfit for service, the owner of such vessel shall, with
the least practicable delay, report the fact to the registrar of the port where
the vessel is registered and also forward to him along with the report the
certificate of registry in respect of the vessel; and thereupon the report the
certificate of registry in respect of the vessel; and thereupon the registrar
shall make an entry to that effect in the fishing vessel’s register and upon
the making of such entry the entries in the register relating to the
registration of the vessel shall be considered as closed except so far as they
relate to any unsatisfied mortgage entered therein.
(2)
If the owner fails to comply with any of the provisions of this section, he
shall, for each offence, be liable to a fine which may extend to five thousand
rupees.
442.
Certificate of inspection.
(1) No fishing vessel of twelve meters in length and over shall ply or proceed
to sea unless a certificate of inspection applicable to the intended voyage is
in force.
(2)
A certificate of inspection in respect of fishing vessel shall specify,---
(a)
the name and tonnage of the vessel;
(b)
the name, occupation and address of the owner,
(c)
the name of the skipper and engine driver;
(d)
the type of engine;
(e)
the maximum number of crew that may be carried;
(f)
the limits within which the vessel may be used for purposes of fishing;
(g)
the particulars of life saving and fire appliances, lights and shapes, and the
means of making fog and distress signals carried on board; and
(h)
that her hull, machinery and equipment are in good condition:---
Provided
that where in respect of a vessel a fishing vessel safety certificate has been
issued under Section 443 the particulars in clause (g) need not be specified.
(3)
a certificate of inspection shall be in force from the date of its issue for
two years or for such shorter period as may be specified therein.
(4)
Where at any time after the issue of a certificate of inspection in respect of
a fishing vessel, the Federal Government has reason to believe that the vessel
is not fit to ply or proceed to sea, or that the vessel has undergone material
alteration or has met with an accident, it may, after giving the owner an opportunity
of making a representation, cancel such certificate.
(5)
a fresh certificate of inspection shall not be issued until the requirements of
Section 439 have been satisfied and the vessel has been inspected and the
authority making the inspection is satisfied that the vessel is fit to ply or
proceed to sea.
443.
Fishing vessel safety certificate and exemption certificate. (1) Where in respect of a fishing vessel of
twenty four meters in length and over, including vessels also processing their
catch, the Federal Government is satisfied that the vessel has been surveyed in
the prescribed manner, it may cause a fishing vessel safety certificate to be
issued in respect of the vessel.
(2)
Where in respect of any such ship referred to in sub-section (1) an exemption
is granted to vessel as per rules made under Section 449 the Federal Government
may cause a fishing vessel exemption certificate to be issued in addition to
the certificate prescribed in sub-section (1).
(3)
The fishing vessel safety certificate and the fishing vessel exemption
certificate shall be in the prescribed form.
(4)
A fishing vessel safety certificate shall be in force for five years from the
date of its issue and shall not be extended for more than one year subject to
the periodical and intermediate surveys as required by the rules made under
Section 449.
(5)
a fishing vessel exemption certificate shall not be valid for a period longer
than the period of the fishing vessel safety certificate.
444.
Port clearance not to be given.
No officer of customs shall grant a port clearance to any fishing vessel until
after the production of certificate of inspection, if applicable and also the
fishing vessel safety certificate, or as the case may be, fishing vessel
exemption certificate in respect of a fishing vessel of twenty-four meters in
length and over.
445.
Fraudulent use of certificate of registry, certificate of inspection or safety
certificate, etc. (1) No
person shall use or attempt to use the certificate of registry, the certificate
of inspection, the safety certificate, or, as the case may be, the exemption
certificate granted in respected of a fishing vessel for any purpose other than
the lawful navigation of the vessel.
446.
Life saving appliances, etc.--
Every fishing vessel shall be provided with such life saving and fire
appliances as may be required by rules made for the provisions of such
appliances under Part VI, and shall be equipped with lights and shapes and the
means of making fog and distress signals in accordance with the collision
regulations.
447.
Skippers and engine drivers to be duly certificated,-- (1) No fishing vessel of a gross tonnage
of twenty-five or upwards shall proceeded to sea unless the skipper and engine
driver is dully certificated by the Federal Government, not shall any person
not so certificated accept any such employment in respect of any such vessel.
(2)
The Federal Government may make rules providing for,---
(a)
the manner in which and the conditions upon which such certificates shall be
granted;
(b)
the suspension and cancellation of such certificates; and
(c)
the inquiries and investigation into the conduct of the holders of such
certificates.
(3)
Any person who,---
(a)
having been engaged as a skipper or engine driver, goes to sea as such without
being duly certificated, or
(b)
employees a person in contravention of sub-section (1) without ascertaining
that the person is duly certificated, shall for each offence, be liable to a
fine which may extend to five thousand rupees.
448.
Statement relating to crew to be maintained.-- (1) Every owner or skipper of a sea-going fishing vessel
shall maintain or cause to be maintained in the prescribed form statement of
the crew of the vessel.
(2)
Every change of crew of the vessel shall be entered in the statement maintained
under sub-section (1).
(3)
A copy of such statement and of every change therein shall be communicated as
soon as possible to the registrar at the port where the vessel is registered.
(4)
If the owner or skipper fails to comply with any of the provisions of this
section, he shall, for each offence, be liable to a fine whit may extend to
five thousand rupees.
449.
Power to make rules.-- (1)
The Federal Government may be, notification in the official Gazette, make rules
to carry out the following matters, mainly,---
(a)
the form in which applications for certificates of registry shall be made and
the particulars which such applications should contain;
(b)
the form in which certificate of registry and certificates of inspection may be
issued;
(c)
the manner in which fishing vessels shall be surveyed including their
periodical and the intermediate surveys;
(d)
the form and the manner in which fishing vessel safety certificate and the
fishing vessel exemption certificate are to be issued;
(e)
the issue of duplicate copies of certificates of registry, certificates of
inspection, fishing vessel safety certificate and fishing vessel exemption
certificate when the originals are destroyed, lost, mislaid, mutilated or
defaced;
(f)
the manner in which and the time within which, reports for the registration of
alterations in the certificates of registry shall be made, the endorsements of
the particulars of alteration on such certificates, the grant of provisional
certificates where vessels are directed to be registered anew, the period for
which provisional certificates shall be valid and all other matters ancillary
to the registration of alterations.
(g)
the form and manner in which applications for the transfer of registry from one
port to another in Pakistan shall be make, and the procedure to be followed by
the registration of alterations.
(h)
the form and manner in which change of ownership is to be reported, and the
procedure to be followed in connection with such change;
(i)
the construction, equipment, machinery and other matters relating to the safety
of the vessels;
(j)
the fees which may be levied for the issue or re-issue of certificate of
registry or certificate of inspection and for all purposes of this Chapter and
the minimum in which such fees may be recovered; and
(k)
any other matter which is to be or may be prescribed under this Chapter.
CHAPTER 33.
SAILING VESSELS
450. Application of Chapter. Save as otherwise provided, this Chapter applies to
every sea-going sailing vessel owned by a citizen of Pakistan or a company
which fulfils the conditions set out is Section 13.
451. Decision of question whether a vessel is a
sailing vessel. Any question as to
whether or not a vessel is a sailing vessel for the purposes of this Chapter
shall be referred to the Federal Government whose decision there-on shall be
final.
452. Certificate of registry. (1) Every sailing vessel shall be registered in
accordance with the provisions of this section.
(2) A sailing vessel registered at any time before the
commencement of this Chapter at any port in Pakistan under any law for time
being in force shall, for a period of one year from such commencement or for
such further period as may be specified in this behalf by the Federal
Government, be deemed to have been registered under this Chapter and be
recognised as a sailing vessel registered in Pakistan and if she is not
re-registered under this Chapter within such period shall be liable to be
forfeited to the Federal Government.
(3) The owner of every sailing shall make an application
in the prescribed form to the registrar for the grant to him of a certificate
of registry in respect of the vessel, and shall cause the tonnage of the vessel
to be ascertained in the prescribed manner.
(4) The registrar may make such inquiry as he thinks
fit with respect to the particulars contained in such application and shall
enter in a register, hereinafter referred to as called the sailing vessel’s
register, the following particulars in respect of the vessel, namely,---
(a) the name of the sailing vessel, place where she
was built and the port to which she belong;
(b) the rig, type and tonnage of the vessel;
(c) the name, occupation and address of the owner;
(d) the number assigned to the vessel;
(e) the mortgages, if any, effected by the owner in
respect of the vessel; and
(f) such other particulars are as may be prescribed.
(5) after the particulars in respect of the vessel
have been entered in the sailing vessel’s register under sub-section (4), the
registrar shall grant to the applicant a certificate of registry in the
prescribed form on payment of a fee according to such scale as may be
prescribed having regard to the tonnage of the vessel.
(6) A sailing vessel which is required to be
registered under this Chapter but is not so register shall be detained by the
Principal Officer, surveyor or officer of Customs until the certificate of
registry is produced.
453. Change of name of sailing vessel. A change of name of sailing vessel registered under
Section 452 shall not be made except in accordance with the rules made in this
behalf.
454. Prevention of overloading or overcrowding. (1) The Federal Government may, by notification in
the official Gazette, make rules to regulate the carriage of cargo or
passengers in sailing vessels and the protection of life and property on board
such vessels.
(2) In particulars, and without prejudice to the
generality of the foregoing power, such rules may provided for all or any of
the following matters, namely,---
(a) the assignment of free board to sailing vessels;
(b) the marking of such free board on such vessels and
the maintenance of such markings;
(c) the survey of the space allotted to passengers on
board such vessels, and
(d) the scale and type of accommodation to be provided
for each passenger.
(3) Any sailing vessel attempting to ply or proceed to
sea without free board markings or any sailing vessel which has been so loaded
as to submerge such markings may be detained by the Principal Officer,
surveyor, or officer of Customs until free board markings are made in
accordance with the rules made under sub-section (1) or the vessel is so loaded
that such markings are not submerged.
(4) Nothing in this section relating to survey of
spaces allotted to passengers or the scale or type of accommodation to be
provided for each passenger shall apply to any sailing vessel which has been
surveyed under Part v, nor shall anything in this section relating to free
board apply to any sailing vessel in respect of which a load line has been
assigned under Part VI.
(5) If any sailing vessel arrives at a port or place
in Pakistan with a number of passengers in excess of the number which the
vessel is certified to carry, or arrives at such port or place with the free
board markings submerged, the owner and nakhuda shall, for each offence, be
liable to a fine which may extend to ten thousand rupees.
455. Certificate of inspection. (1) No sailing vessel shall ply or proceed to sea
unless a certificate of inspection applicable to the intended voyage is in
force.
(2) A certificate of inspection in respect of a
sailing vessel shall specify,---
(a) the name and tonnage of the vessel;
(b) the names of the owner and nakhuda of the vessel;
(c) the maximum number of the crew and the maximum
number of passengers that may be carried;
(d) the limits within which the vessel may be used for
purposes of trading;
(e) the particulars of the free board assigned to the
vessel;
(f) the particulars of life saving and fire
appliances, lights, shapes and means of making fog and distress signals carried
on board; and shall contain a statement to the effect that her hull, rigging
and equipment, including auxiliary machinery, if any, are in good condition.
(3) A certificate of inspection shall be in force for
two years from the date of its issue or for such shorter period as may be
specified therein:
Provided that where a sailing vessel is on a voyage outside Pakistan at the
time of expiry of the certificate, the certificate shall continue to be valid
until her first arrival at a port or place in Pakistan after the expiry of such
period.
(4) No officer of Customs shall grant a port clearance
until after the production by the owner or nakhuda thereof, of a certificate of
inspection in respect of the vessel.
(5) where at any time after the issue of a certificate
of inspection in respect of a sailing vessel, the Federal Government has reason
to believe that the vessel is not fit to ply or proceed to sea, it may, after
giving the owner an opportunity of making a representation, cancel such
certificate.
(6) Where at any time after the issue of a certificate
of inspection a sailing vessel has undergone material alteration or has met
with an accident or, where the certificate of inspection of a sailing vessel
has been cancelled under sub-section (5) and an application is made for the
re-issue of such certificate, the registered may, before re-issuing the
certificate or issuing a fresh certificate, as the case may be, cause such
vessel to be inspected; and if the authority inspecting the vessel reports that
she is not fit to ply or proceed to sea or that her hull, rigging an equipment,
including auxiliary machinery, if any, are defective, such certificate shall
not be re-issued or issued until the vessel is, in the opinion of such
authority, fit to ply or proceed to sea or the defect is rectified to the
satisfaction of such authority.
456. Inquiry into jettisoning of cargo. (1) If any owner no nakhuda of a sailing vessel in the
course of her voyage has jettisoned or claims to have jettisoned the whole or
any part of the cargo of the vessel on account of abnormal weather conditions
or for any other reason, he shall, immediately after arrival of the vessel at
any port or place in Pakistan, give notice of such jettisoning to the Principal
Officer at such port, or, where there is not such officer, to such other
officer as may be appointed by the Federal Government in this behalf; and such
notice shall contain full particulars of the cargo jettisoned and the
circumstances under which such jettisoning took place.
(2) where any such officer receives notice under
sub-section (1) or has reason to believe that the cargo of any sailing vessel
in his port has been jettisoned, he shall forthwith report in writing to the
Federal Government the information he has received and may proceed to make an
inquiry into the matter.
457. Foreign sailing vessels not to engage in coasting
trade without permission. (1) A
sailing vessel not owned by a citizen of Pakistani or a company which fulfils
the conditions set out in section 13 shall not engage in the coasting trade of
Pakistan without the previous permission in writing of the Federal Government.
(2) The Federal Government may, when granting such
permission, imposed such terms and conditions as it thinks fit and may require
the owner or other person in charge of the vessel to deposit such amount as it
thinks necessary for the due fulfillment of such terms and conditions.
(3) No Officer of Customs shall grant a port clearance
to a sailing vessel not registered under this Chapter when engages or attempts
to engage in the coasting trade of Pakistan until after the production by the
owner or person in charge thereof of the permission under sub-section (1).
458. Detention of overloaded foreign sailing vessels. (1) The provisions of sub-section (5) of Section 454
shall apply to any sailing vessel registered in any country other than
(2) where the vessel is loaded beyond the limit
specified in any certificate issued in the country in which she is registered;
or
(a) where the vessel is loaded beyond the limit
specified in any certificate issued in the country in which she is registered;
or
(b) in case where no such certificate has been issued
in respect of the vessel where the actual free board of the vessel is less than
the free board which would have been assigned to her had she been registered
under this Chapter.
(3) Any such vessel which is in an overloaded
conditions and is about to proceed from a or place in Pakistan may be detained
until she ceases to be in an overloaded conditions; but nothing herein
contained shall affect the liability of the person in charge of the vessel in
respect of such overloading under any other provision of this Ordinance.
459. Application to sailing vessels of certain
provisions relating to ships and fishing vessels. (1) The provisions of Section 427, 437, 438, 439,
440,441,445,446 and 448 shall, mutatis mutandis, apply to sailing vessels as
the apply to fishing vessels.
(2) The Federal Government may, by notification in
official Gazette, direct that any other provisions of this Ordinance which do
not expressly apply to sailing vessels shall also apply to such vessels subject
to such conditions, exceptions and modifications, if any, as may be specified in
the notification.
460. Power to make rules respecting sailing vessels. (1) The Federal Government may, be notification in the
official Gazette, make rules to carry out the purposes of this Chapter.
(2) In particulars, and without prejudice to the
generality of the foregoing power, such rules may, besides providing for all or
any of the matters specified in Section 449 in so far as such matters related
to sailing vessels, provide for all or any of the following matters, namely,---
(a) the manner in which the tonnage of sailing vessel
shall be ascertained;
(b) the manner in which free board is to be assigned to sailing vessels and the
free board markings are to be made;
(c) the form and manner in which applications for the
change of name of sailing vessels shall be made and the procedure to be
followed by the registrar in connection with such change;
(d) the criteria by which sailing vessels may be
classified for the purpose of determining the limits within which they may be
used for purposes of trading;
(e) the survey of space provided for passengers of
sailing vessels and the scale type of accommodation to be provided for such
passengers; and
(f) any other matter which is to be prescribed under
this Chapter.
PART X.
NUCLEAR SHIPS
CHAPTER 34.
NUCLEAR SHIPS
461. Application of Ordinance to nuclear ships. (1) This part plies only to nuclear ships.
(2) Notwithstanding anything contained in this
Ordinance, a clear ship shall not be required to obtain or produce any
certificate referred to in sub-clauses (i) to (xiii) or clause (36) or section
2 or as the case may be, any like valid safety convention certificate.
(3) The Federal Government may, by notification in the
official gazette, direct that any of the provisions of this Ordinance (other
than the provisions of this Part and the provisions of section 605) specified
in the notification.
(a) Shall not apply to unclear ships; or
(b) shall apply to unclear ships, only with such
exceptions, modifications and adoptations as may be specified in the
notification.
462. Nuclear passenger ship safety certificates and
nuclear cargo ships safety certificates.
(1) If in respect of ay Pakistani nuclear passenger or cargo ship the Federal
Government is satisfied that the ship has been surveyed in accordance with this
Ordinance and has been inspected by a person appointed in this behalf by the
Federal Government and has complied with such special requirement, if any, as
that person has, after such inspection, specified, the Federal Government may
issue,---
(a) in the case of passenger ship, a nuclear passenger
ship safety certificate; and
(b) in the case of a cargo ship a nuclear cargo ship
safety certificate.
(2) A certificate issued under sub-section (1) shall
be in force for a period of twelve months from the date of issue or for such
shorter period as may be specified in the certificate.
463. Prohibition of proceeding to sea without
certificate. (1) No Pakistani nuclear
ship shall proceed on a voyage from port or place in
(a) a nuclear passenger ship safety certificate, if
she is passenger ship; and
(b) a nuclear cargo ship safety certificate, or she is
a cargo ship.
(2) The master of a ship to which this section applies
shall produce to the officer of Customs from whom a port clearance for the ship
is demanded the certificate required by sub-section (1) when the ship proceeds
to sea and the port clearance shall not be granted and the ship may be detained
until the said certificate is so produced.
(3) If a Pakistani nuclear ship proceeds or attempts
to proceed to sea in contravention of sub-section (1) the master or owner
shall, for each offence, be liable to a fine which may extend to one hundred
thousand rupees.
464. Safety assessment and operating manual. (1) Every Pakistani nuclear ship shall have on board a
safety assessment and an operating manual in such form and containing such
particulars and approved by such authority as may be prescribed.
(2) The safety assessment and the operating manual
shall be prepared, maintained and kept up to date in such manner as may be
prescribed.
(3) If a Pakistani nuclear ship fails to comply with
sub-section (1) the master, owner or agent shall, for each offence, be liable
to a fine which may extend to one hundred thousand rupees.
465. Foreign nuclear ships to give advance notice of
arrival. (1) No nuclear ship, other
than a Pakistani ship, shall enter the territorial waters of Pakistan unless
the master, owner or agent thereof has given such advance notice of the ship’s
intended arrival in Pakistan as may be prescribed, to such authority as may be
specified by the Federal Government, and has forwarded alongwith the notice a
true copy of the ship’s safety assessment to that authority.
(2) If on the examination and evaluation of the ship’s
safety assessment the authority referred to in sub-section (1) is of the
opinion that the entry of the ship will involve unreasonable radiation and
other hazards to the crew, passengers, members, of the public, waterways, food
or water resources, he may direct the nuclear ship not to enter the territorial
waters of Pakistan and the ship shall comply with such direction.
(3) If a nuclear ship other than a Pakistani ship
enters territorial waters of Pakistan in contravention of this section the
master shall, for each offence, be liable to a fine which may extend to one
hundred thousand rupees.
466. Control on arrival of nuclear ship. (1) The master of every nuclear ship shall, on arrival
at a port in
(2) Any person authorised in this behalf (hereinafter
referred to as the authorised person), by general or special order of the
Federal Government, may go on board such ship for the purpose of verifying that
she has on board a valid nuclear passenger ship safety certificate or, as the
case may be, nuclear cargo ship safety certificate and for the purpose of
satisfying himself after examining the safety assessment and operating manual
and such other things as he deems fit that there are no unreasonable radiation
or other hazards to the crew, passengers, members of the public, waterways,
food or water resources.
(3) If the authorizied person in satisfied after such
examining that there are no unreasonable radiation or other hazards to the
crew, passengers, members of the public, waterways, food or water resources, he
may issued a certificate to that effect.
(4) If the master or a nuclear ship fails to give
notice required by sub-section (1) he shall, for each offence, be liable to a
fine which may extend to fifty thousand rupees.
467. Notice of accidents to nuclear ships. (1) Where a Pakistani nuclear ship meets with an
accident and such accident is likely to lead to environmental hazards, the
master of the ship shall forth with give notice of the accident,---
(a) to such officer or authority as may be specified
in this behalf by the Federal Government; and
(b) if the ship is in, or intends to enter, the
territorial waters of a foreign State, also the appropriate Government
authority of the State.
(2) Where a nuclear ship, other than Pakistan ship,
meets with an accident of the nature specified in sub-section (1), while she is
in the territorial waters of, or at a port, in Pakistan the master of the ship
shall forthwith give notice of the accident to the officer or authority
specified under clause (a) of sub-section (1).
(3) On receipt of a notice under sub-section (1) or
sub-section (2), the officer or authority, specified under clause (a) of
sub-section (1), shall issue such directions as may be deemed necessary and
expedient in the circumstances of the case investigate into the causes of the
accident in such manner as may be prescribed.
(4) A copy of the direction issued under sub-section
(3) and a report of the findings of the investigation shall be sent to the
Federal Government within such time as may be prescribed.
(5) Where a nuclear ship other than a Pakistani ship
meets with an accident of the specified in sub-section (1) at any port or place
outside Pakistan and intends to enter the territorial waters of Pakistan in a
damaged condition, the master of such ship shall give notice of the nature of
the accident and the condition of the ship in such from as may be prescribed to
the officer or authority specified under clause (a) of sub-section (1) and
shall comply with such directions as the officer or authority may give.
(6) If the master of a nuclear ship fails to give the
notice required by sub-sections (1) or (5) or fails to comply with any
directions issue under such sub-sections he shall, for each offence, be liable
to a fine which may extend to fifty thousand rupees.
(7) The provisions of this section are in additional
to and not in derogation of the provisions of Part XI of this Ordinance.
468. Application of certain section to or in relating
to certain certificates under Section 462. The provisions of Sections 263 to 266 (inclusive) shall, so far as may
be, apply to and in relation to every certificate issued by the Federal
Government under Section 462 in the same manner as they apply to and in
relation to a certificate of survey.
469. Power to make rules. (1) The Federal Government
may, by notification in the official Gazette, make rules for carrying 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 design construction and standards of
inspection and assembly of the reactor installations of nuclear ships;
(b) the standards of safety of nuclear ships;
(c) the manner of survey of nuclear ships;
(d) the forms in which certificates under this Part
may be issued;
(e) the form and manner in which the safety assessment
and operating manual of a nuclear ship are to be prepared, maintained and kept
up to date and the particulars to be contained therein;
(f) the form of notices under this Part and the time
when such notices shall be given;
(g) the manner in which investigations may be made
into causes of accidents to a nuclear ship;
(h) the special precautions to be taken against
unreasonable radiation or other nuclear hazards to the crew, passengers and
other persons, to waterways and to food and water resources;
(i) the manner in which radio-active waste from
nuclear ships is stowed posed of;
(j) the manner in which the reactor fuelling
defuelling and refuelling and maintenance of nuclear ships are to be carried
out;
(k) the special training for and qualifications of
master, officers and seamen of unclear ships;
(l) the special requirements relating to approach,
entry into, stay in or departure from, a Pakistani port of a unclear ship;
(m) the procedure to be followed for determining the
operational conditions of a unclear ship;
(n) the protection and closure of the reactor
installation of nuclear ships in the case of a collision, grounding, fire,
leakage of radioactive material or other accident;
(o) the fees to be charged for any inspection survey
or certificate under this Part; and
(p) any other matter which has to be or may be
prescribed.
PART XI.
INQUIRIES AND INVESTIGATIONS
CHAPTER 35.
SHIPPING CASUALTIES
470. Shipping Casualties and report thereof. (1) For the purpose of inquiries and investigations
under this Part, a shipping casualty shall be deemed to occur when,---
(a) on or near the coasts of Pakistan including the
territorial waters or in the Pakistan exclusive zone thereof, any ship is lost,
abandoned, stranded or materially damaged.
(b) any ship causes loss or material damage to any
other ship on or near such coasts, or within such waters;
(c) any loss of life ensues by reason of any casualty
happening to or on board any ship on or near those coasts or within such
waters;
(d) in any place, any such loss, abandonment,
stranding, material damage or casualty occurs to, or on board of, any Pakistani
ship, and any competent witness thereof is found in Pakistan; or
(e) any Pakistani ship is lost or is supposed to have
been lost, and any evidence is obtainable in Pakistan as to the circumstances
under which she proceeded to sea or was last heard of.
(2) In the cases mentioned in clauses (a), (b) and (c)
of sub-section (1), the master, pilot, harbour master or other person in charge
of the ship, or (where two or more ships are concerned) in charge of each ship,
at the time of shipping casualty, shall give immediate notice of the shipping
casualty to the officer appointed in this behalf by the Federal Government and
if such officer is not the Principal Officer himself, he shall inform the
nearest Principal Officer of the shipping casualty.
(3) In the case mentioned in clause (d) of sub-section
(1) where the master of the ship concerned, or (except in the case of a loss)
where the ship concerned proceeds to any place in Pakistan from the place where
the shipping casualty has occurred, the master of the ship shall, on arriving
in Pakistan, give immediate notice of the shipping casualty to the nearest
Principal Officer.
(4) Any person bound to give notice under this section
and wilfully failing to give the same shall be liable to a fine which may
extend to ten thousand rupees.
471. Preliminary inquiry into shipping casualties. (1) When ever any Principal officer receives, by
notice as aforesaid or otherwise, credible information that a shipping casualty
has occurred, he shall forthwith communicate in writing the information to the
Federal Government and may proceed to make a preliminary inquiry into the
casualty.
(2) Notwithstanding the provisions of sub-section (1),
the Federal Government may appoint any person to hold a preliminary inquiry
respecting any shipping casualty.
(3) Any person, making an inquiry under this section,
may,---
(a) go on board any ship and inspect the same or any
part thereof, or any of them machinery, boats, equipment or articles on board
thereof, to which the provisions of this ordinance apply, without unnecessarily
detaining or delaying her from proceeding on any voyage;
(b) enter and inspection any premises the entry or
inspection of which appears to him to be necessary for the purpose of the
inquiry.
(c) by summons under his hand, require the attendance
of all such persons as he thinks fit to call before him and examine for such
purpose, and require answers or returns to any inquiries he thinks fit to make;
(d) require and enforce the production of all books,
papers or documents which he considers important for such purpose; and
(e) administer oaths, or in lieu of requiring or
administering an oath, require any person examined by him to make and subscribe
a declaration of the truth of statements made by him in his examination.
(4) An Officer making a preliminary inquiry under this
section shall send a report thereof to the Federal Government or such authority
as may be appointed for this purpose by the Federal Government.
472. Application to Court for a formal inquiry. (1) Where in any case it appears to the Federal
Government that an inquiry should be made respecting a shipping casualty,
whether a preliminary inquiry under Section 471 has been held or not, it may
direct an officer to make an application to a Court empowered under sub-section
(2) to make a formal inquiry into such casualty, and upon the making of such
application the Court shall make such inquiry.
(2) Magistrates of the first class specially empowered
by the Federal Government shall have jurisdiction to make inquiry into shipping
casualties under this Chapter.
(3) The Courts to make any such inquiry shall hold the
same with the assistance of one or more assessors of nautical, engineering, or
other special skill or knowledge, to be appointed out of a list of persons for
the time being approved fro the purpose by the Federal Government in such
manner as may be prescribed.
(4) Where an inquiry involves or appears or is likely
to involve any question as to the canceling or suspension of the certificate of
a master, mate, or engineer, the Court shall hold the inquiry with the
assistance of not less than two assessors having experience in the merchant
service.
473. Power of Court to inquire into charges against
masters, mates and engineers.
(2) In every case in which any such charge, whether of
in competency or misconduct, or of a wrongful act or default, as aforesaid,
arises against any master, mate or engineer in the course of an inquiry, the
court shall, before the commencement of the inquiry, cause to be furnished to
him a statement of the case upon which the inquiry has been directed.
474. Person accused to be heard :- For the purpose of an inquiry by a court under this
chapter into any charge against a master, mate or engineer, T he court may sum
on him to appear, and shall give him full opportunity of making defense either
in person or otherwise.
475. Powers of courts as to evidence and regulations
of proceedings:- For the purpose of
any inquiry under this chapter, the court making the inquiry, so far as relates
to compelling the attendance and examination of witness and the production of
documents and the regulations and proceedings, shall have the same powers as
are exercisable by that court in the exercise of its criminal jurisdiction.
476. Assessors:-(1) The list of persons approved by the Federal Government as assessors
for the purpose of formal inquiry into the shipping causalities shall remain in
force for three years only, but persons where names are on any such list may be
approved for any subsequent list.
(2) The assessors shall attend during the inquiry and
deliver their opinions in writing, to be recorded on the proceedings but the
exercise of an powers conferred on the court by this chapter or any other law
for the time being in the force shall rest with the court.
(3) The Federal Government may amend the list so to
add any name thereto or omit any name there from.
477. Powers to arrest witnesses and enter ships ,
etc.--(1) If any court making an
inquiry under this chapter thinks it necessary for obtaining evidence that any
person should be arrested, it may issue a warrant for his arrest , and may, for
the purpose of effecting the arrest, authorize any officer, subject,
nevertheless, to any general or special instruction from the Federal
Government, to enter any vessel, and any officer so authorized may, for the
purpose of enforcing the entry, call to his aid any officer of police or
Customs or any other person.
(2) Where any officer of police, Customs, or any other
person is called under subsection(1), it shall be the duty of such officer or
person to render all such assistance as may be required by the court.
478. Power to commit for trial and bind over making
the witnesses:- Whenever, in the
course of any such inquiry, it appears that any person has committed within the
jurisdiction of any Court in Pakistan an offence punishable under any law in
force in Pakistan, the Court making the inquiry may, subject to such rules
consistent with this Ordinance as the High Court may, from time to time, make,
cause him to be arrested, or commit him, or hold him to bail, to take his trial
before the proper Court, and may bind over any person to give evidence at the trial,
and may, for the purposes of this section exercise all its powers as a criminal
Court.
479. Report by Court to Federal Government. (1) The Court shall, in the case of all
investigations or inquiries under this Chapter, transmit to the Federal Government
a full report of the conclusions at which it has arrived together with the
evidence; and may make such recommendations as it may deem fit in regard to the
matters inquired into including a recommendation for the cancellation or
suspension of any certificate of competency.
(2) Where the inquiry affects a master, mate or
engineer of a ship other than Pakistani ship who holds a certificate under the
law of a country other than Pakistan, the Federal Government may transmit a
copy of the report together with the evidence to the proper authority in that
country.
480. Investigation into causes of explosion or fire on
board ship, etc. (1) Whenever any
explosion or fire occurs on board any ship on or near the coasts of Pakistan
including the territorial waters thereof or anywhere else on board any
Pakistani ship, the Federal Government may direct that an investigation into
the causes for explosion or fire be made by such person or persons as it thinks
fit.
(2) The person or persons referred to in sub-section
(1) may go on board the ship on which the explosion or fire has occurred with
all necessary workmen and Labourers and remove any portion of the ship, or of
the machinery thereof, for the purpose of investigation, and shall report to
the Federal Government or the person duly appointed by it, as the case may be,
what in his, or their, opinion was the cause of the explosion or fire.
481. Power of Federal Government to direct inquiry
into charges of incompetency or misconduct:..(1) if the Federal Goverment has reason to belive that
there are grounds for charging any master, mate or engineer with incompetency,
misconduct, drunkenness or tyranny, otherwise than in the course of an inquiry
under Section 472, the Federal Government:---
(a) if the master, mate or engineer holds a
certificate under this Ordinance, in any case; and
(b) if the master, mate or engineer holds a
certificate under the law of a country other than Pakistan, in any case where
the incompetency of misconduct has occurred on board a Pakistani ship, may
transmit a statement of the case to any Court having jurisdiction under Section
472 which is at or nearest to the place, where it may be convenient for the
parties and witnesses to attend, and direct that Court to make an inquiry into
that charge.
(2) Notwithstanding the provisions of sub-section (1),
the Federal Government may, where it considers expedient to do, appoint a
person to make an inquiry if it has reason to believe that any master, mate or
engineer is, due to incometency or misconduct, unfit it discharge his duties,
or that, in the case of a collision, has failed to render such assistance or
information as is required by Section 415 and transmit a statement of the case
to such person.
(3) Before commencing an inquiry under this section
the Court or the person appointed under sub-section (2), shall cause the
master, mate or engineer so charged to be furnished with a copy of the
statement transmitted by the Federal Government.
(4) Where the inquiry is made by a person appointed
under sub-section (2), that person, for the purpose of the inquiry, shall have
all such powers as are specified in sub-section (3) of Section 471, and shall
give a report of the case to the Federal Government,---
Provided that no such inquiry shall be made without
giving the master, mate or engineer concerned an opportunity of making a
representation.
482. Provisions of this Chapter to apply to certain
other vessels. The provisions of this
Chapter relating to inquiries shall, mutatis mutandis, apply to fishing vessels
as they apply to any other ship, and the provisions of clause (b) of
sub-section (1) and sub-section (2) of Section 470 and Section 471 and 472
shall likewise apply to a ship belonging to the Pakistan Navy, or belonging to
the navy of any other country, where the loss or material damage is caused by
such ship, or where such ship is involved in a collision with any ship to which
this Ordinance applies on or near the coasts of Pakistan including the
territorial waters thereof.
CHAPTER 36.
MARITIME BOARDS
483. Convening of Maritime Boards outside
(a) a complaint is made to a Pakistan consular
officer, or a senior officer of any ship by the Pakistan Navy in the vicinity
hereinafter referred to as “naval officer”, by the master or any member of the
crew of a Pakistani ship, and such complaint appears to the Pakistan consular
officer or navel officer, as the case may be, to require immediate inquiry; or
(b) the interests of the owner of a Pakistani ship or
if the cargo thereof appears to a Pakistan consular office or naval officer, as
the case may be, to require such inquiry; or
(c) an allegation of incompetency or misconduct is
made to a Pakistan consular officer or naval officer against the master, mate
or an engineer or a Pakistani ship; or
(d) any Pakistani ship is lost, abandoned or stranded
at or near the place where a Pakistan consular officer or a naval office may
be, or whenever the crew, or part of the crew, of any Pakistan ship which has
been lost, abandoned or stranded arrives at that place; or
(e) any loss of life or any serious injury to any
person occurred on board a Pakistani ship at or near that place.
The Pakistan consular officer or naval officer, as the
case may be, may in his discretion, convene a Maritime Board to inquire into
the said complaint or allegation or the matter affecting the said interest or
the cause of the loss, abandonment or the standing of the ship, or of the loss
if life, or of the injury to the person.
484. Constitution and procedure of Maritime Board.:- (1) A Maritime Board shall consist of the officer
convening the Board and two other members.
(2) The two other members of the Maritime Board shall
be appointed by the officer convening the Maritime Board from among persons
conversant with maritime or mercantile affairs.
(3) The Officer convening the Maritime Board shall be
the presiding officer thereof.
(4) A Maritime Board shall, subject to the provisions
of this Ordinance, have power to regulate its own procedure.
485. Decisions of Maritime Boards to be by majority:- Where there is a difference of opinion among members
of the Maritime Board, the decision of the majority of the members shall be the
decision of the Board.
486. Powers of Maritime Boards. (1) While making an inquiry under this Chapter, a
Maritime Board may exercise all or any of the powers specified in sub-section
(3) of Section 471, as may be necessary in the circumstances of the case.
(2) A Maritime Board may, after inquiring into and
hearing the case,---
(a) if it is of opinion that the safety of a Pakistani
ship or her cargo or crew, or the interest of the owner of a Pakistani ship or
of the owner of the cargo requires it, remove the master and appoint another
qualified person to act in his stated;
(b) if it is of opinion that any master, mate or
engineer of a Pakistani ship is incompetent or has been guilty of any act of
misconduct, or in a case of collision has failed to render such assistance or
information as is required by Section 413 or that loss, abandonment or
stranding of or serious damage to any ship, or loss of life or serious injury
to any person, has been caused by the wrongful act or default of any master,
mate or engineer of a Pakistani ship, suspend the certificate of that master,
mate or engineer for a specified period:
Provided that no such certificate shall be suspended unless the master, mate or
engineer concerned has been furnished with a statement of the case in respect
of which an inquiry has been ordered, and he has been given an opportunity of
making a defence either in person or otherwise;
(c) discharge a seaman from a Pakistani ship ship and
order the wages of any seaman so discharged or any part of those wages to be
forfeited;
(d) decide any questions as to wages, fines or forfeitures arising between any
of the parties to the proceedings;
(e) direct that any or all of the costs incurred by
the master or owner of a Pakistani ship, or on the maintenance of a seaman or
apprentice while in prison outside Pakistan, shall be paid out of, and deducted
form, the wages of that seaman or apprentice, whether then or subsequently
earned;
(f) if it considers such a step expedient, order a
survey to be made of any Pakistani ship which is subject to inquiry; and
(g) order the costs of proceedings before it, or any
part of those costs, to be paid by any of the parties thereto, and may order
any person making a frivolous or unjustified complaint to pay compensation for
any loss or delay caused thereby; and any cost or compensation so ordered to be
paid by any person shall be paid by that person accordingly, and may, be
recovered in the same manner in which wages of seamen are recoverable, or may
be deducted from the wages due to that person;
(3) All orders made by a Maritime Board shall,
whenever practicable, be entered in the official log-book of the ship which is
the subject of inquiry, or of the ship on board whereof the casualty or
occurrence or conduct inquired into took place, and be signed by the presiding
officer of the Board.
(4) A Maritime Board shall, in the case of every
inquiry under this Chapter, transmit to the Federal Government a full report of
the conclusions at which it has arrived together with the evidence any orders
passed under this section.
487. Penalty for obstructing proceedings before
Maritime Boards:-, If any person
wilfully and without due cause obstructs the conduct of any hearing or inquiry
by any Maritime Board he shall, for each offence, be liable to a fine which may
extend to ten thousand rupees.
488. Application of Chapter. The provisions of this Chapter shall apply to all
Pakistani, ships, whether registered or deemed to have been registered under
this Ordinance, or not so registered, and their owners, master and crew.
CHAPTER 37.
CANCELLATION AND SUSPENSION OF CERTIFICATES
489. Power of Federal Government to cancel, suspend,
etc., Certificates of master, mate of engineer. Any certificate which has been granted by the
Federal Government under this Ordinance to any master, mate or engineer may be
cancelled, or for a specified period suspended, by the Federal Government in
the following cases namely,---
(a) if, on receipt of a report under sub-section (4)
of Section 471 or under sub-section (4) of Section 481 the Federal Government
considers cancellation or suspension necessary; or
(b) if, on an inquiry made by any Court, tribunal or
other authority for the time being authorised by the legislative authority in
any country outside Pakistan, the Court, tribunal or other authority reports
that the master, mate or engineer is incompetent or has been guilty of any
gross act of misconduct, drunkenness or tyranny, or in a case collision has
failed to render assistance, or to give such information as is referred to in
Section 415, or that the loss, stranding or abandonment of, or damage to, any
ship or loss of life has been caused by his wrongful act or default; or
(c) if the master, mate or engineer is proved to have
been convicted,---
(i) of any offence under this Ordinance or of any
non-bail able offence committed under any other law for the time being in force
in Pakistan; or
(ii) of an offence committed outside Pakistan, which
if committed in Pakistan, would be a non-bail able offence.
490. Delivery of cancelled or suspended certificates. (1) A master, mate or engineer whose certificate has
been cancelled or suspended by the Federal Government, or has been suspended by
a Maritime Board, shall deliver his certificate,---
(a) If suspended by a Maritime Board, to that Board on
demand;
(b) if not so demanded, or it is cancelled or suspended by the Federal Government,
to the Federal Government, or to such officer as the Federal Government may
direct.
(2) If a master, mate or engineer fails to comply with
this section, he shall, for each offence, be liable to a fine which may extend
to five thousand rupees.
491. Effect of cancellation or suspension of
certificate. The cancellation or
suspension of a certificate by the Federal Government, or the suspension of
certificate by a Maritime Board, shall,---
(a) if the certificate was issued under this
Ordinance, be effective everywhere and in respect of all ships; and
(b) if the certificate was issued outside Pakistan, be
effective,---
(i) within Pakistan and the territorial waters of
Pakistan in respect of all ships; and
(ii) outside Pakistan, in respect of Pakistani ships
only.
492. Suspended certificate not to be endorsed. If the certificate of a master, mate or engineer is
suspended under this Part by the Federal Government, or by a Maritime Board, no
endorsement shall be made to that effect on the said certificate.
493. Power of Federal Government to cancel or suspend
other certificates. (1)
Notwithstanding anything contained in this Ordinance, the Federal Government
may after making an inquiry, cancel or suspend any certificate granted by it
under this Ordinance, if, in its opinion, the holder is, or has become unfit to
act in the grade for which the certificate was granted to him,---
Provided that no order under this section shall be
passed by the Federal Government unless the person concerned has been given an
opportunity of making a representation against the order proposed.
(2) The provisions of clause (b) of sub-section (1)
and sub-section (2) of Section 481 shall apply to certificates cancelled or
suspended under this section.
494. Re-hearing. (1) The Federal Government may, either of its own motion or on receipt
of an application from any person required by an order under Section 486, 489
or Section 493 in respect of any case in which an inquiry has been made under
this Part order the case to be re-heard, either generally or as to any part
thereof, by any person or persons, or by any Court, specially appointed or
empowered for the purpose, and shall, in respect of each case, so order,---
(a) if new and important evidence which could not be
produced at the inquiry has been discovered; or
(b) if, for any other reason there has, in its
opinion, been a miscarriage of justice.
(2) An application under sub-section (1) shall be made
in such form, within such time and on payment of such fees, and a case shall be
re-heard in such manner as may be prescribed.
(3) The provisions of sub-section (3) of 471, Sections
474, 478 and 479 shall, so far as may be, apply to every case re-heard under
this section as if the re-hearing were an inquiry referred to therein.
495. Power of Federal Government to revoke
cancellation, etc. (1) the Federal
Government may, in any case, ordered to be re-heard under Section 494 on
receipt of the report of re-hearing in any case not so required,---
(a) revoke any order of cancellation or suspension
made by it under Section 489 or set aside any order or suspension made by a
Maritime Board under clause (b) of sub-section 92) of Section 486; or
(b) shorten or lengthen the period of suspension
ordered by it under Section 489 or by a Maritime Board; or
(c) grant, without examination, a new certificate of
the same or any lower grade in the case of any certificate cancelled or
suspended by it under Section 489 or suspended by a Maritime Board under clause
(b) of sub-section (2) or Section 486.
(2) A certificate granted under clause (c) of
sub-section (1) shall have the same effect as if it had been granted after
examination.
CHAPTER 38. COURTS OF SURVEY AND SCIENTIFIC REFEREES
496. Appeal to Court of Survey. (1) If a surveyor, authorized to inspect a ship,---
(a) makes a statement in his report of inspection with
which the owner or his agent or the master of the ship is dissatisfied; or
(b) gives notice under this Ordinance of any defect in
any ship; or
(c) declines to give any certificate under this
Ordinance; the owner, master or agent, as the case may be, subject to the
provisions of sub-section (2) and of Section 500, prefer appeal to a Court of
Survey.
(2) whenever a surveyor inspects and ship, he shall,
if the owner, master or agent of the ship so requires, be accompanied on the
inspection by some person nominated by the owner, master or agent, as the case
may be, and if the person so nominated agrees with the surveyor as to the
statement made or the notice give by the surveyor or the refusal by the
surveyor to give a certificate, there shall be no appeal to a Court of Survey
from that statement, notice or refusal.
497. Constitution of Court of Survey. (1) Court of Survey for a port shall consist of a
Judge, sitting with two assessors.
(2) The “Judge” shall be a District Judge, a Judge of
Court of Small Causes, a Magistrate of the first class or other fit person
appointed in this behalf by the Federal Government either generally or for any
specified case.
(3) The assessors shall be persons of nautical
engineering or other special skill or experience.
(4) Subject to the provisions of Part VI as regards
ships, other than Pakistani ships, one of the assessors shall be appointed by
the Federal Government either generally or for any specified case and other
shall be summoned by the Judge, in the manner prescribed, out of a list of
persons prepared by the Federal government for the purpose from time to time,
or, if there is no such list or if it is impracticable to procure the
attendance of any person named in such list, shall be appointed by the Judge.
498. Powers and procedure of Court of Survey. (1) The Judge shall, on receiving notice of an appeal
or a reference from the Federal Government, immediately summon the assessors to
meet forthwith in the prescribed manner.
(2) The Court of Survey shall hear every case in open
Court.
(3) the Judge and each assessor shall, for the
purposes of this Ordinance, have the same powers of inspection, and of
enforcing the attendance of witnesses and the production of evidence as are by
this Ordinance conferred on a detaining officer.
(4) The Judge may appoint any competent person to
survey the ship and report thereon to the Court.
(5) The Judge shall have the same powers as the
Federal Government has to order the ship to be released or finally detained;
but unless one of the assessors concurs in an order for the detention of the
ship; the ship shall be released.
(6) the owner and master of the ship and any person
appointed by the owner or master and also any person appointed by the Federal
Government may attend any inspection or survey made in pursuance of this
section.
(7) The Judge shall report the proceedings of the
Court in each case to the Federal Government in the manner prescribed, and each
assessor shall either sign such report or report to the Federal Government the
reasons for his dissent.
499. Power to make rules. (1) The Federal Government may, notification in the
official Gazette, make rules to carry out the purposes of the Chapter.
(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 before a Court of Survey;
(b) the requiring, on an appeal, of security for costs
and damages;
(c) the amount and application of fees; and
(d) the ascertainment, in case of dispute, of the
proper amount of costs.
500. Reference in difficult cases to scientific
persons. (1) If the Federal
Government is of opinion that an appeal to a Court of Survey involves a
question of construction or design or a scientific difficulty or important
principal, it may refer the matter to such one or more out of a list of
scientific referees to be from time to time prepared by the Federal Government
as may appear to possess the special qualifications necessary for the
particular case and may be selected by agreement between a person duly
appointed by the Federal Government in this behalf and the appellant, or in
default of any such agreement, by the Federal Government; and thereupon the
appeal shall be determined by the referee or referees instead of by the Court
of Survey.
(2) The Federal Government, if the appellant in any
such appeal so requires and gives security to its satisfaction to pay the costs
of, and incidental to, the reference, shall refer such appeal to a referees
selected as aforesaid.
(3) The referee or referees shall have the same powers
as a Judge of the Court of Survey.
PART XII. WRECK AND SALVAGE
CHAPTER 39. WRECK
501.
Receivers of wreck. (1) The
Federal Government may, by notification in the official Gazette, appoint any
person to be receiver of wreck (there in after referred to as the receiver) to
receive and take possession of wreck, and to perform such duties connected
therewith as are hereinafter mentioned, within such local limits s maybe
specified in the notification.
(2)
A receiver may, by order in writing, direct that all or any of his functions
under this Part shall, in such circumstances and subject to such conditions, if
any, as may be specified in the order, be discharged by such person as may be
so specified, and any person, while discharging any such functions shall be
deemed to be a receiver for the purposes of this Ordinance.
502.
Duty of receiver where vessel is in distress. (1) Where any vessel is wrecked, stranded or in distress at
any place on or near the coasts of Pakistan including the territorial waters
thereof, the receiver within the limits of whose jurisdiction the place is
situated shall, upon being informed of the same, forthwith proceed there, and
upon his arrival shall take command of all persons present and shall assign
such duties and give such directions to each person as he thinks fit for the
preservation of the vessel and of the lives of persons belonging to the vessel and
of its cargo and equipment:---
Provided
that the receiver shall not interfere between the master and the crew of the
vessel in reference to the management thereof unless he is requested to do so
by the master.
(2)
If any person willfully disobeys the directions of the receiver he shall be
liable to a fine which may extend to five thousand rupees.
503.
Power of receiver in case of vessel in distress. (1) The receiver may, with a view to saving
the ship wrecked persons, the vessel, cargo or equipment,---
(a)
require such persons as he thinks necessary to assist;
(b)
require the master of an vessel near at hand to give such aid with his men or
vessel as may be in power; and
(c)
demand the use of any vehicles or an aircraft that may be near at hand.
(2)
If any person refuses without reasonable cause to comply with any such
requisition or demand, he shall or each offence, be liable to a fine which may
extend to ten thousand rupees.
504.
Power to pass over adjoining lands and order removal of the wreck and penalties
for non-compliance. (1) Whenever
a vessel is wrecked, stranded or in distress as aforesaid, all person may, for
the purpose of rendering assistance to the vessel, or of saving the lives of
the ship wrecked persons, or of saving the cargo or equipment of the vessel,
unless there is some public road equally convenient, pass and re-pass either
with or without vehicles or animals, over any adjoining lands without being
subject to interruption by the owner or occupier, so that they do as little
damage as possible, and may also, on the like condition, deposit on those lands
any cargo or other recovered from the vessel.
(2)
Any damage sustained by an owner or occupier in consequence of the exercise of
the rights given by this section, shall be a charge on the vessel, cargo or
articles in respect of or by which the damage is occasioned and the amount
payable, in respect of the damage shall, in case of dispute, by determined, and
shall, in default of payment, be recoverable, in accordance with the provisions
of Section 165.
(3)
If the owner or occupier of any land,---
(a)
impedes or hinders any person in the exercise of the rights given by this
section by locking his gates, or refusing, upon request, to open the same, or
otherwise; or
(c)
prevents or endeavors to prevent any such cargo or other article from remaining
deposited on the land for a reasonable period until it can be removed to a safe
place of deposit; he shall, for each offence, be liable to a fine which may
extend to ten thousand rupees.
(4)
Where,---
(a)
the receiver determines that salvaging a certain wreck, where due to its
location, its salvage and or cleaning of pollution so caused by the wreck is a
must; is likely to cost more than the expected proceeds of the wreck, he may
order removal of the wreck and cleaning of the pollution at the cost of the
owners, insurers, underwriters, and local agents as he may deemed fit; or
(b)
a person, persons or a body corporate made responsible by the receiver of
wrecks fails to comply with this orders under clause (A) they shall each be
punishable with imprisonment which may extend to five years and fine not
exceeding the amount likely to be incurred on removal of the wreck and cleaning
of the pollution.
505.
Power of receiver to suppress plunder and disorder by force. (1) Whenever a vessel is wrecked, stranded
or in distress as aforesaid, and any person plunders, creates disorder or
obstructs the preservation of the vessel or of the shipwrecked persons or of
the cargo or equipment of the vessel, the receiver may take such steps and use
such force as he may consider necessary for the suppression of any such
plundering, disorder or obstruction, and may for that purpose command any
person to assist him.
(2)
If any person is killed, maimed or hurt by reason of his resisting the receiver
or any person acting under the orders of the receiver in the execution of his
duties under this Chapter, neither the receiver nor the person acting under his
orders shall be liable to any punishment, or to pay damages by reason of the
person being so killed, maimed or hurt.
506.
Procedure to be observed by persons finding wreck. (1) Any person finding and taking possession
of any wreck within any local limits any wreck which has been found and taken
possession of elsewhere, shall, as soon as practicable,---
(a)
if he be the owner thereof, give the receiver notice in writing of the finding
thereof and of the marks by which such wreck ins distinguished; and
(b)
if he be not the owner of such wreck, deliver the same to the receiver of
wreck.
(2)
Any person who omitting to give notice of the finding of, or to deliver, any
wreck to the receiver as required by sub-section (1) shall be liable to a fine
which may extend to ten thousand rupees and, in the case of omission to deliver
any wreck, shall, in addition to such fine, forfeit all claim to salvage, and
pay to the owner of such wreck if the same is claimed, or if the same is
unclaimed, to the Federal Government, a penalty not exceeding twice the value
of such wreck.
507.
Investigation of certain matters in respect of vessels wrecked. (1) Whenever any vessel is wrecked,
stranded or in distress as aforesaid, the receiver within the local limits of
whose jurisdiction the vessel is wrecked, stranded or in distress may conduct
an investigation into all or any of the following matters, namely,---
(a)
the name and description of the vessel;
(b)
the names of the masters and of the owners of the vessel;
(c)
the names of the owners of the cargo;
(d)
the ports from and to, which the vessel was bound;
(e)
the occasion wrecking, stranding or distress of the vessel;
(f)
the services rendered; and
(g)
such other matters or circumstances relating to the vessel, the cargo or the
equipment, as the receiver thinks necessary.
(2)
The receiver making an investigation under this section shall have such powers
as are specified in sub-section (3) of Section 471.
(3)
A record shall be kept of the investigation made, and the receiver shall send a
report to the Federal Government immediately the investigation is concluded.
508.
Penalty for taking wreck at time of casualty. (1) Where a vessel is wrecked, stranded, or
in distress at any place on or near the coasts of
(2)
If any person, whether the owner or not, secrets or keeps possession of any
such cargo or article, or refuses to deliver the same to the receiver, or any
person authorized by him to demand the same, he shall, for each offence, be
liable to a fine which may extend to ten thousand rupees.
(3)
The receiver or any person authorized as aforesaid, may take any such cargo or
articles by from the person so refusing to deliver the same.
509.
Taking wreck to foreign port.
If any person takes into any foreign port any vessel, stranded, derelict, or
otherwise in distress, found on or near the coasts of Pakistan including the
territorial waters, thereof, or any part of the cargo or equipment of the
vessel, or anything belonging thereto, or any wreck found within those limits,
without the permission in writing of the Federal Government, he shall be liable
to a fine which may extend to five hundred thousand rupees.
510.
Notice to be given by receiver.
The receiver shall, as soon a may be, after taking possession of any wreck,
publish a notification in such manner and at such place as the Federal
Government may, by general or special order, direct, containing a description
of the wreck and the time at which and the place where the same was found.
511.
Wrecks may in certain cases be sold. (1)
If, after publication of such notification or notice the wreck is unclaimed or
if the person claiming the same fails to pay the amount due for salvage and for
charges incurred by the receiver in respect thereof, the receiver may sell such
wreck in his custody by public auction, if of a perishable nature, forthwith,
and if not of a perishable nature, at any period not less than two months after
such notification or notice as aforesaid.
(2)
Irrespective of the fact whether a casualty on Pakistan coasts and in navigable
channels has been declared a wreck or not; if it poses a danger to navigation,
the receiver shall cause the owners, agents or underwriters to immediately mark
such casualty in a prescribed manner at their own cost and shall also bear all
costs of transmission of the information regarding the danger so posed to
navigation.
(3)
Such casualties or wrecks which in any way impede safe navigation, anchorage or
fishing, so determined; shall be caused to be removed within six months of
their place at the cost of the owners, agents or underwriters of the casualty
or wreck; the Federal Government, or a person duly authorised by it in this
behalf, shall have the right to confiscate other vessel and properties of the
owners, agents or underwriters to meet the costs of removal of the casualty or
wreck and in addition to collect suitable fine as may be determined by the
Federal Government if removal is delayed beyond the specified time.
(4)
Damage caused to other craft, property or personnel due to presence of the
casualty or wreck itself; shall be the responsibility of the owners, agents or
underwriters of the initial casualty or wreck, unless it is proved to the
satisfaction of the Federal Government that all possible care had been
exercised to avoid such damage.
512.
Proceeds how applied. The
proceeds of such sale as referred to in Section 511, shall, after defraying all
expenses thereof including salvage charges, be held by the receiver for the
same purposes and subject to the same claims, rights and liabilities as set out
hereinafter in this Ordinance.
513.
Removal of wreck by harbour or conservancy authority. (1) Where any vessel is sunk, stranded, or
abandoned in any harbour or tidal water under the control of a harbour or
conservancy authority, or in or near any approach thereto, in such manner, is
in the opinion of the authority, to be, or likely to become, an obstruction or
danger to navigation or threat to environment and marine life that authority
may,---
(a)
take possession of, and raise, remove, or destroy the whole or any part of the
vessel;
(b)
light or mark or buoy any such vessel or part until the raising, removal, or
destruction thereof;
(c)
give information to masters and agents of ships entering, moving within or
leaving the port; and
(d)
sell, in such manner as it thinks fit, any vessel or part so raised, and also
any other property, recovered by it, in the course of exercise of its powers under
this section, and out of the proceeds of the sale reimburse itself for the
expenses incurred by it in relation thereto and hold the surplus, if any, of
the proceeds in trust for the persons entitled thereto:---
Provided
that a sale shall not, except in the case of property which is of a perishable
nature or which would deteriorate in value by delay, be made under this section
until at least seven clear days’ notice of the intended sale has been given by
advertisement in some newspaper circulating in or near the area over which the
authority has control:---
Provided
further that, at any time before any property is sold under this section, the
owner thereof shall be entitled to have under this section, the owner thereof
shall be entitled to have the same delivered to him on payment to the authority
of the fair marked value thereof, to be ascertained by agreement by some person
to be named for the purpose by the Federal Government whose decision in this
regard shall be final and the sum paid to the authority as value of any
property under this proviso shall for the purposes of this section, be deemed
to be the proceeds of sale of that property.
(2)
Where any vessel is sunk, stranded or abandoned in the territorial waters or
exclusive economic zone beyond the harbour limits, the Federal Government may,
if it is of the opinion that the vessel may cause an obstruction or danger to
navigation or a threat to environment and or marine life, take measures
specified in sub-section (1).
514.
Claims of owners to wrecks. (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 six months 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, if not
sold, or the balance of the proceeds thereof if sold, deliver to him.
(2)
Where any articles belonging to or forming part of a vessel other than a
Pakistani ship which has been recked or belonging to and forming part of the
cargo of such vessel are found on or near the coasts of Pakistan or are brought
into any port or place in Pakistan, the consular officer of the country in
which 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 six months from the date of sale, the said balance
shall vest in the Federal Government.
515.
Interfering with wrecked vessel or wreck. (1) A person shall not, without the leave of the master, board
or endeavour to board any vessel which is wrecked, stranded, or in distress,
unless that person is, or acts by command of, the receiver or a person lawfully
acting as such and, if he does so, shall be liable to be removed from the vessel
or repelled by the master of the vessel by force.
(2)
No person shall,---
(a)
impede or hinder, or endeavour in any way to impede or hinder, the saving of
any vessel stranded, otherwise in distress on or near the coasts of Pakistan
including the territorial waters thereof, or of any part of the cargo or
equipment of the vessel, or of any wreck;
(b)
secret any wreck, or deface or obliterate any marks thereon; or
(c)
wrongfully carry away or remove any part of a vessel stranded or in danger of
being stranded, or otherwise in distress, on or near such coasts or within
those waters, or any part or the cargo of equipment of the vessel, or any
wreck.
(3)
If any person acts in contravention of this section, he shall, for each
offence, be liable to a fine which may extend to ten thousand rupees in
addition to any other punishment to which he may otherwise be liable.
516.
Search warrants where wreck is concealed. Where a receiver 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 apply to
the nearest Magistrate for a search warrant, and that Magistrate shall grant
such warrant and the receiver, by virtue thereof, may enter any house or other
place wherever situated and also any vessel and search for, seize and detain
any such wreck there found.
517.
Right of Federal Government to unclaimed wreck. The unclaimed wreck found anywhere in
518.
Notice of unclaimed wreck to be given to persons entitled. (1) Where any person in entitled for his own
use to unclaimed wreck found in any place within the jurisdiction of a
receiver, he shall deliver to the receiver a statement containing the
particulars of his title, and an address to which notices may be sent.
(2)
When a statement has been so delivered and the title proved to the satisfaction
of the receiver, the receiver shall, on taking possession of any wreck found in
a place to which the statement refers, send, within forty-eight hours, at the
address delivered description of the wreck and any marks by which it is
distinguished.
519.
Disposal of unclaimed wreck. Where
no owner establishes a claim to any wreck found in Pakistan and in the
possession of a receiver, within six months after it came into his possession,
the wreck shall be dealt with as follows, that is to say,---
(a)
if the wreck is unclaimed by any person who has delivered a statement under
Section 518 to the receiver and has proved to the satisfaction of the receiver
his title to receive unclaimed wreck found in the place where that wreck was
found, the wreck, after payment of any expenses, costs, fees, and salvage due
in respect thereof, shall be delivered to him; or
(b)
if the wreck is not claimed by any such person as aforesaid, the receiver shall
sell the same and shall pay to the Federal Government the proceeds of the sale,
after deduction therefrom the expenses of the sale, and any other expenses
incurred by him, and his fees, and paying thereout to the salvors such amount
of salvage as the Federal Government may, in each case, or by any general
rules, determine.
520.
Disputed title to unclaimed wreck.
(1) Where any dispute arises between any person who has delivered a statement
under Section 518 and the receiver respecting title to wreck found in any
place, or where more persons than one claim title to that wreck and a dispute
arises between them as to that title, that dispute may be referred and
determined in the same manner as if it were a dispute as to the salvage to be
determined summarily under this Part.
(2)
If any party to the dispute is unwilling to have the same so referred, or,
where it is so referred, is dissatisfied with the decision, he may, within
three months after the expiration of a year from the time when the wreck has
come into the receiver hands, or from the date of the decision, as the case may
be, institute proceedings in any Court having jurisdiction in the matter for
establishing his title.
521.
Delivery of unclaimed wreck by receivers not to prejudice title. Upon delivery of wreck or payment of the
proceeds of sale of wreck or payment of the proceeds of sale of wreck by a
receiver in pursuance of the provisions of this Chapter, the receiver shall be
discharged from all liability in respect thereof, but the delivery shall not
prejudice or affect any question which may be raised by third parties
concerning the right or title to the wreck, or concerning the title to the
place on which the wreck was found.
522.
Duty to report wreck. (1)
The master of a ship present in Pakistan territorial waters shall immediately
report to the nearest port authority any wreck of which he has knowledge and
which has not been marked on a nautical chart.
(2)
The provisions of sub-section (1) shall apply also to the operator of a
platform in Pakistan territorial waters or the Pakistan exclusive economic
zone.
523.
Liability for damage to waterways or related water areas structure. The owner of a ship shall be liable for any
damage caused by the ship to waterways or related water areas, structures,
except if and to the extend that the owner proves that the damage,---
(a)
resulted from force majeure;
(b)
was caused by the gross negligence or actions done with intent to cause damage
on behalf of any authority responsible for the establishment or maintenance of
lights or other navigational aids in the exercise of that function; or
(c)
was caused by gross negligence, or actions, done with intent to cause damage,
of a pilot or vessel traffic service personnel in the exercise of their
functions.
524.
Liability for reasonable costs.
(1) The owner of a ship involved in a maritime casualty shall be wholly or
party liable for the reasonable costs of removal of wreck pursuant to Section
513 and salvage measures taken under Section 517 and 518 except if and to the
extend that the owner proves that the casualty was caused by gross negligence
or actions done with intent to cause damage by or on behalf of any Government
authority in performance of its functions.
(2)
Reasonable costs for wreck removal measures shall include the reasonable costs
made for notification and publication of the wreck’s position, and the
reasonable costs for removal, lighting, marking, buoying, guarding and
transporting the wreck.
525.
Unseaworthy ships brought to Pakistani water without prior permission. If any ship or craft, which in the opinion
of the Federal Government is unseaworthy as regards her hull, propelling machinery,
rig, equipment, manning, life saving and fire fighting appliances, etc., and is
brought to Pakistani waters or Pakistani port approaches without prior
permission and conditions; the Federal Government may order removal of the same
as in case of a wreck in clause (a) of sub-section (4) of Section 504 and in
case of non-compliance deal with the same as in case of a wreck under clause
(b) of sub-section (4) thereof or confiscate the ship or craft in favour of the
Federal Government or if it deems fit impose any or both the punishments.
CHAPTER 40.
SALVAGE
526. Salvage payable for saving life, cargo or wreck. (1) Where services are rendered,---
(a) wholly or in part within the territorial waters of
Pakistan in saving life from any vessel or, elsewhere in saving life from a
vessel registered in Pakistan; or
(b) in assisting a vessel or saving the cargo or
equipment of a vessel which wrecked, stranded or in distress at any place on or
near the coast of Pakistan including the territorial waters thereof; or
(c) by any person other than the receiver 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 salvage having regard to all
the circumstances of the case.
(2) Salvage in respect of the preservation of life
when payable by the owner of the vessel shall be payable in priority to all
other claims for salvage.
(3) Where services have been rendered for the purpose
of containing or abating pollution, the salvor shall be entitled to recover
reasonable compensation from the owner or, as the case may be, the charterer or
the operator of the vessel.
(4) where salvage services are rendered by or on
behalf of the Government or by a vessel of the Pakistan Navy, Maritime Security
Agency or the commander or crew of any such vessel, the Government, the
commander or the crew, as the case may be, shall be entitled to compensation
and shall have the same rights and remedies in respect of those services as any
other salvor.
(5) Any dispute arising concerning the amount under
this section shall be determined upon application made by either of the parties
to the dispute,---
(a) to the District Judge, where the amount claimed
does not exceed twenty-five thousand rupees; or
(b) to the High Court, where the amount claimed
exceeds twenty-five thousand rupees.
(6) Where there is any dispute as to the persons who
are entitled to the salvage amount under this Section, the District Judge or
the High Court, as the case may, be, shall dispute, and if there are more
persons than one entitled to such amount, the District Judge or the High Court
shall apportion the amount thereof among such persons.
(7) The costs of, and incidental to, all proceedings
before the District Judge or the High Court under this section shall be in the
discretion of the District Judge or the High Court, and the District Judge or
the High Court shall have full powers to determine by whom or out of what
property and to what extend such costs are to be paid and to give all necessary
directions for the purpose aforesaid.
527. Savings. Nothing
in this Part shall
(a) affect any treaty or arrangement with any foreign country to which Pakistan
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 Ports
Act, 1908 (XV of 1908), or entitle any person to salvage in respect of any
property recovered by creeping or sweeping in contravention of that section.
528. Instructions to prevent harmful consequences. (1) When the measures taken by the master or the owner
of a ship which is involved in a maritime casualty do not sufficiently prevent,
mitigate or eliminate the harmful consequences of the maritime casualty, the
Federal Government may for that purpose give instructions to the owner or
charterer or operator, as the case may be, and the persons rendering
assistance, requiring,---
(a) the presence of the ship and its cargo in a
particular place or area;
(b) the ship and its cargo to move a particular place
or area;
(c) assistance to be rendered to the ship or its
cargo; and
(d) grounding of the ship in a particular location;
529. Measures to prevent harmful consequences. (1) If in the opinion of the Federal Government, the
instructions do not result in sufficient prevention, mitigation or elimination
of the harmful consequences of the maritime casualty, the Federal Government
may direct,---
(a) taking of measures relating to the matters
specified in Section 528;
(b) taking over control of the ship; and
(c) removing, sinking or destroying the ship as well
as eliminating, removing, jettisioning, sinking or destroying its cargo.
(3) In respect of a ship which has been stranded, sunk
or been grounded in or near a route or in or on a pier or other coastal public
water works, the Federal Government may only take the measures provided in
Section 513 unless the stranding, sinking or grounding was a consequence of
measures taken pursuant to Section 528.
530. Proportionality of instructions and measures. The Federal Government shall ensure that instruction
issued and measures taken pursuant to Section 528 and 529 are,---
(a) proportionate to the actual or threatened damage,
taking into account,---
(i) the extend and probability of imminent damage if
those measures are not taken;
(ii) the likelihood of those measures being effective;
and
(iii) the extend of damage which may be caused by such
measures;
(c) not unnecessarily in conflict with the rights and
interests of a flag State, other Stastes and of any natural or juristic
persons.
531. Consultation. (1) Except in cases of extreme urgency requiring immediate action, the
Federal Government shall consult the flag State and the owner; or as the case
may be, the charterer or operator of the ship prior to giving instructions or
taking measures in respect of a foreign ship.
(2) Prior to taking measures in respect of a ship
present in the exclusive economic zone of another coastal State, the Federal
Government shall consult the competent authorities of that State.
532. Duty to co-operate. The master and the owner of the ship and the persons
rendering assistance shall carry out instructions issued pursuant to Section
528 and shall co-operate with measures taken pursuant to Section 529.
533. Power to make rules respecting wreck and salvage.
(1) The Federal Government may, by
notification in the official Gazette, make rules for carrying 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 maters, 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 receiver of wreck in respect
of the work done by him;
(c) the procedure to be followed for dealing with
claims relating to ownership of wrecks;
(d) the appointment of values in salvage cases;
(e) the principles to be followed in awarding salvage
and the apportioning of salvage; having regards to the international practices;
(f) the procedure to be followed for dealing with
claims for salvage;
(g) the detention of property in the custody of a
receiver or wreck for the purpose of enforcing payment of salvage; and
(h) any other matter which is to be or may be
prescribed.
PART XIII
LIABILITY OF SHIPOWNERS
CHAPTER 41. LIMITATION OF LIABILITY OF SHIPOWNERS
534. Scope. (1)
This Chapter shall apply whenever any person referred to in Section 535 seeks
to limit his liability before a Court in
(2) Subject to sub-section (3), this chapter shall not
apply to,---
(a) ships constructed for or adapted to and engaged in
drilling at sea;
(b) floating platforms constructed for the purpose of exploring
or exploiting the natural resources of the sea bed or its subsoil; and
(c) air-cushioned vehicles.
(3) The Federal Government may, by notification in the
official Gazette, apply any or all the provisions of this Chapter to any ship,
platform or vehicle referred to in sub-section (2) and fix limits of liability
the ships which may deviate from the limits set for other ships under this
chapter.
535. Persons entitled to limit liability. (1) Ship owners and salvors may limit their liability
in accordance with the provisions of this chapter in relation to claims which
are set out in Section 536.
Explanation. For the purposes of sub-section (1).
(a) “ship owner” means the owner and includes the
charterer, manager and operator of any ship; and
(b) “salvor” means any person rendering services in
direct connection with salvage operations.
(2) If any claims set out in Section 537 are made
against any person for whose act, neglect or default the ship owner or salvor
is responsible, such person shall be entitled to avail himself of the
limitation of liability provided for in this chapter.
(3) In this chapter the liability of a ship owner
shall include liability in action brought against the ship herself.
(4) An insurer of liability for claims which are
subject to limitation in accordance with the rules made under this Chapter
shall be entitled to the benefits of this Chapter to the same extend as the
assured himself.
(5) The act of invoking limitation of liability shall
not constitute an admission of liability.
536. Claims subject to limitation. (1) Subject to Sections 537 and 538, the following
claims, whatever the basis of liability may be, shall be subject to limitation
of liability, namely,---
(a) claims in respect of loss of life or personal
injury or loss of, or damage to, property, including damage to harbour works,
basins and waterways and aids to navigation, occuring on board or in direct
connection with the operation of the ship of with salvage operations and
consequential loss resulting there from;
(b) claims in respect of loss resulting from delay in
the carriage by sea of cargo, passengers of their luggage;
(c) claims in respect of other loss resulting from
infringement of rights other than contractual rights, occuring in direct
connection with the operation of the ship or salvage operations; and
(d) claims of a person other than the person liable in
respect of measures taken in order to avert or minimise loss for which the
person liable may limit his liability in accordance with this Chapter, and
further loss caused by such measures.
(2) Claims set out in sub-section (1), except in
clause (d) thereof, shall of subject to limitation of liability even if brought
by way of recourse or for indemnity under a contract or otherwise, or by way of
a direct action against the insurer, if any, of the person liable in respect of
the claim.
537. Claims excepted from limitation. (1) The provisions of this chapter shall not apply to,---
(a) claims for salvage or contribution in general
average;
(b) claims for oil pollution damage;
(c) claims subject to any international convention or
any Pakistan law governing or prohibiting limitation of liability for nuclear
damage;
(d) claims against the ship owner of a nuclear ship
for nuclear damage;
(e) claims by a servant of the ship owner or salvor
whose duties are connected with the ship or salvage operations, including
claims of their heirs, dependants or other persons entitled to make such
claims; if the contract of service between the ship owner or salvor and such
servants is governed by Pakistan law or in case Pakistan law is not applicable,
if under the applicable law the ship owner or salvor is not entitled to limit
his liability in respect of such claims, or if he is by such law only permitted
to limit his liability to an amount greater than that provided for under
Section 541;
(f) claims in respect of the raising, removal,
destruction or the rendering harmless of a ship which is sunk, wrecked,
stranded or abandoned including anything that is or has been on board such
ship; and
(g) claims in respect of the removal, destruction or
the rendering harmless of the cargo of the ship.
538. Conduct barring limitation. A person liable shall not be entitled to limit his
liability if it is proved that the loss resulted from his personal act, or
omission, committed with intent to cause such loss recklessly and with
knowledge that such loss would probably result.
539. Counter-claims. Where a person entitled to limitation of liability under this chapter
has a claim against the claim against the claimant arising out of the same
occurrence, their respective claims shall be set off against each other and the
provisions of this chapter shall only apply to the balance, if any.
540. Applications of the limits. The limits of liability determined in accordance with
Sections 541 and 542 shall apply to Pakistani and foreign ships.
541. General limits of liability. (1) The limits of liability for claims other than
those mentioned in Section 542, arising on any distinct occasion, shall be
calculated as follows,---
(a) in respect of claims for loss of life or personal
injury,---
(i) 333,000 units of account for a ship with a tonnage
not exceeding 500 tons;
(ii) for a ship with a tonnage in excess thereof, the
following amount in addition to that mentioned in sub-clause (i);
for each ton from 501 to 3,000 tons, 500 units of
account;
for each ton from 3,001 to 30,000 tons, 333 units of
account;
for each from 30,001 to 70,000 tons 250 units of
account; and
for each ton in excess of 70,000 tons, 167 units of account;
and
(b) in respect of any other claims,---
(i) 167,000 units of account for a ship with a tonnage
not exceeding 500 tons; and
(ii) for a ship with a tonnage in excess thereof the
following amount in addition to that mentioned in sub-clause (i);
for each ton from 501 to 30,000 tons, 167 units of
account;
for each ton from 30,001 to 70,000 tons, 125 units of
account; and
for each ton in excess of 70,000 tons, 83 units of
account.
(2) In the application of sub-section (1) to a ship
with a tonnage of less than 300 tons that sub-section shall have effect as if,---
(a) in clause (a), in sub-clause (i), for the figure
“333,000” the figure “166,667” were substituted.
(b) in clause (b), in sb-clause (i), for the figure
“167000” the figure “83,333” were substituted.
(3) Where the amount calculated in accordance with
clause (a) of sub-section (1) is not sufficient to pay the claims mentioned
therein in full, the amount calculated in accordance with clause (b) thereof
shall be available for payment of the unpaid balance shall rank rate ably with
such claims mentioned in clause (b) of sub-section (1).
(4) Claims in respect of damage to harbour works,
basin and waterways and aids to navigation shall have priority over all other
claims.
(5) The limit of liability for any salvor not
operating from any ship or for any salvor operating solely on the ship to, or
in respect of which, he is rendering salvage services, shall be calculated
according to a tonnage of 1,500 tons.
(6) For the purpose of this Chapter the ship’s tonnage
shall be the gross tonnage calculated in accordance with this Ordinance.
542. Limit for passenger claims. (1) in respect of claims arising on any distinct
occasion for loss of life or personal injury to passengers of a ship, the limit
of liability of the ships owner thereof shall be in he amount of 46,666 units
of accounts multiplied by the number of passenger which the ship is authorised
to carry according to the passenger ship safety certificate issued in
accordance with this Ordinance but not exceeding twenty-five million units of
account.
(2) For the purpose of this section “claims for loss
of life or personal injury to passengers on a ship” means any such” means any
such claims brought by or on behalf of any person carried, in that ship,---
(a) under a contract of carriage of passengers by sea;
or
(b) who, with the consent of the carrier, is
accompanying a vehicle, live animals or other goods which are covered by a
contract for the carriage of goods.
543. Unit of account. (1)The unit of account referred to in Section 541 and
542 is the Special Drawing right as defined by the International Monetary Fund
and the amounts mentioned in the aforesaid sections shall be converted into
Pakistani currency by the Federal Government on the basis of the value of the
currency on the date of the Constitution of a limitation fund under Section 545
or when payment if made or such security, as the Court may recognise as
equivalent to the payment, given.
(2) The value in Special Drawing Rights of the
National currency shall be calculated according to the method for valuation
applied by the International Monetary Fund in effect at the date in question
under sub-section (1), for its operations and transactions as certified by the
State Bank of Pakistan.
544. Aggregation of claims. (1) The limits of liability determined in accordance
with Section 530 shall apply to the aggregate of all claims which arise on any
distinct occasion,---
(a) against the person or persons mentioned in
Explanation to sub section (1) of Section 535 and any person for whose act,
neglect or default he or they are responsible; or
(b) against the ship owner of a ship rendering salvage
services from that ship and the salvors operating from such ship and any person
for whose act, neglect or default he or they are responsible; or
(c) against the salvor or salvors who are not
operating from a ship or who are operating solely on a ship to, or in respect
of which the salvage services are rendered and any person for whose act, or
default he or they are responsible.
(2) The limits of liability determined in accordance
with Section 542 shall apply to the aggregate of all claims subject thereto
which may arise on any distinct occasion against the person or persons
mentioned in the Explanation to sub-section (1) of Section 535.
545. Limitation of fund and consolidation of claims
against owners. (1) Where any
liability is alleged to have been incurred by the owner of a vessel in respect
of claims arising out of an occurrence and the aggregate of the claims exceeds
or is likely to exceed the limits of liability of the owner under Section 541
or 542, them the owner may apply to the High Court for the setting up of a
Limitation Fund for the total sum representing such limits of liability.
(2) The High Court, to which the application is made
under sub-section (1), may determine the amount of the owner’s liability and
require him to deposit such amount with the High Court or furnish such security
in respect of the amount as in the opinion of the High Court is satisfactory and
the amount so deposited or secured shall constitute a Limitation Fund,
hereinafter referred to as the Fund for the purpose of the claims referred to
in sub-section (1) and shall be utilised only for the payment of such claims.
(3) After the Fund has been constituted no person
entitled to claim against it shall be entitled be entitled to exercise any
right against any other assests of the owner in respect of his claim against
the Fund, if that Fund is actually available for the benefit of the claimant.
(4) Subject to the provision of this Part, the High
Court may distribute the amount constituting the Fund reteably amongst the
several claimants and may stay any proceedings pending in any other Court in
relation to the same matter and may proceed in such manner and subject to such
rules of the High Court as to making persons interested parties to the
proceedings, and as to the exclusion of any time levied claims, and as to
requiring security from the owner, and as to payment of any costs, as the High
Court thinks fit.
(5) Where the owner establishes that he has paid in
whole or in part any claim in respect of which he can limit his liability under
Section 536, the High Court shall place him in the same position and to the
same extend in relation to the Fund as the claimant whose claim he has paid.
(6) Where the owner has established that he may at a
later date be requiring to pay in whole or in part, any of the claims under
this Part, which could be settled from the Fund, the High Court may
notwithstanding the foregoing provisions of this section order that a
sufficient sum may be provisionally set aside for the purpose to enable the
owner to enforce his claim against the Fund at a later date in accordance with
the provisions of sub-section (4).
(7) If the owner is entitled to make a claim against a
claimant arising out of the same occurrence, their respective claims shall be
set off against each other and the provisions of this Chapter shall only apply
to the balance, if any.
546. Release of ships, etc. (1) Where a vessel or other property is detained in
connection with a claim which appears to the High Court to be founded on a
liability to which a limit set by Section 541 or 542 applies, or security is
given to prevent or obtain release from such detention the High Court may, if
the guarantee was given in a port which, in relation to the claim, is the
relevant port, order the release of the vessel, property or security if the
conditions specified in sub-section (2) are satisfied; and where the release is
ordered, the person on whose application it is ordered shall be deemed to have
submitted to the jurisdiction of the High Court to adjudicate upon the claim.
(2) The conditions referred to in sub-section (1) are,---
(a) that security which in the opinion of the High
Court is satisfactory (in this section referred to as “guarantee”) has
previously been given whether in Pakistan or elsewhere, in respect of the said
liability or any other liability incurred on the same occasion and the High
Court is satisfied that if the claim is established, the amount for which the
guarantee was given or such part thereof as corresponds to the claim will be
actually available to the claimant; and
(b) that either the guarantee is for an amount not
less than the said limit or further security is given which, together with the
guarantee is for an amount not less that that limit;
(3) For the purposes of this section,---
(a) a guarantee given by the giving of security in
more than one country shall be deemed to have been given in the country in
which security was last given;
(b) any question whether the amount of any security if
(either by itself or together with any other amount) not less than any limit
set by Section 541 or 542 shall be decided as at the time at which the security
is given; and
(c) where part only of the amount for which a
guarantee was given will be available to a claimant that part shall not be
taken to correspond to his claim if any other part may be available to a
claimant in respect of a liability to which no limit is set as mentioned in
sub-section (1).
547. Application to ships in course of completion or
construction, etc. The provisions of
this Chapter relating to limitation of liability to owners shall extend and
apply to the owners, builders or other persons having an interest in any vessel
built in any port or place in Pakistan from and including the launching of such
vessel until the registration thereof in accordance with the provisions of this
Ordinance, as they apply in relating to the owner of a vessel registered under
this Ordinance.
548. Power to make rules. The Federal Government may, by notification in the
official Gazette, make rules for carrying out the purposes of this chapter.
CHAPTER 42
LIENS FOR WAGES
549. Seamen’s lien for wages, etc. (1) A seaman shall have a lien on the ship, and shall
not by any agreement forfeit his lien on the ship, or be deprived of any remedy
for the recovery of his wages to which in the absence of the agreement he would
be entitled, and shall not by any agreement abandon his right to wages in case
of the loss of the ship or abandon any right that he may have or obtained in
the nature of salvage, and every stipulation in any agreement inconsistent with
any provisions of this Ordinance, shall be void.
(2) Nothing in this section shall apply to a
stipulation made by the seamen belonging to any ship which according to the
terms of the agreement, is to be employed on salvage service with respect to
the remuneration to be paid to them for such service to be rendered by that
ship to any other ship.
550. Master’s lien. (1) The master of a ship shall, so far as the case permits, have the
same rights, liens and remedies for the recovery of his wages as a seaman has
under this Ordinance, or by any law or custom having the force of law.
(2) the master of a ship, and every person lawfully
acting as master of a ship by reason of the decease or incapacity from illness
of the master of the ship, shall so far as the case permits, have the rights,
liens and remedies for the recovery of disbursement or liabilities properly
made or incurred by him on account of the ship as the master has for the
recovery of his wages.
(3) If in any proceeding in any Court having
jurisdiction touching the claim of a master in respect of wages, or of such
disbursements, or liabilities as aforesaid, any right of set-off or
counter-claim is set up, the Court may enter into and adjudicate upon all
questions, and settle all accounts then arising or outstanding and unsettled
between the parties to the proceedings, and may direct payment of any balance
found to be due.
551. Priorities. The seaman’s lien under Section 549 shall have precedence over all
other liens or charges on the ship, and the master’s lien under Section 550
shall have precedence likewise except over that of a seaman.
PART XIV
CHAPTER 43.
PREVENTION OF POLLUTION FROM SHIPS
552. Definitions. In this Part unless there is anything repugnant in the subject or
context,---
(a) ‘chemical tanker” means a ship constructed or
adapted primarily to carry a cargo of noxious liquid substances in bulk and
includes an oil tanker when it is carrying a cargo or part cargo of noxious
liquid substances in bulk;
(b) “convention” means the International Convention
for the Prevention of Pollution from Ships, 1973, as modified by the Protocol
of 1978, relating thereto (MARPOL 73/78), as amended from time to time;
(c) “convention country” means any country in respect
to which the convention referred to in clause (b) in force and includes any
country to which such convention extends;
(d) “Director-General” means the Director-General of
the Parts and Shipping Wing, Ministry of Communications;
(e) “Discharge”, in relation to harmful substances of
effluents, containing such substances, means any release howsoever caused from
a ship and includes any escape, disposal, spilling, leaking, pumping, emitting
or emptying except,---
(i) dumping within the meaning of the convention on
the Prevention of Marine Pollution by Dumping of Wastes and Other Matter,
signed at London on the 13th November, 1972; or
(ii) release of harmful substances directly arising
from the exploration, exploitation and associated off-shore processing of
sea-bed mineral resources; or
(iii) release of harmful substances for purposes of
legitimate scientific research into pollution abatement or control;
(f) “existing ship” means any ship which is not a new
ship;
(g) “garbage” means all kinds of victual, domestic and
operational waste excluding fresh fish and parts thereof, generated during the
normal operation of the ship and liable to be disposed of continuously or
periodically;
(h) “harmful substance” means oil and other substances
which if introduced into the sea or other water areas is liable to create
hazards to human health or harm living resources and marine life and damage amenities
or to interfere with other legitimate uses of the sea or other water areas;
(i) “instantaneous rate of discharge of oil content”
means the rate of discharge of oil in litres per hour at any instant divided by
the speed of the ship in knots at the same instant;
(j) “marine environment” means the navigable waters of
Pakistan and the land and resources therein and thereunder; the water and
fishery resources of any area over which Pakistan asserts exclusive fishery
management authority; the sea-bed and sub oil of the outer continental shelf of
Pakistan, the resources thereof and the waters superjacent thereto; and the
recreational; economic; and scenic values of waters and resources;
(k) “nearest land” means the nearest land the base
link from which the territorial sea of the territory in question is established
in accordance with international law;
(l) “new ship” means a ship,---
(i) for which the building contract was place after
the 31st December, 1975; or
(ii) in the absence of a building contract, the keel
which was laid or ws at a similar stage of construction after the 30th June,
1976;
(iii) the delivery of which was after the 31st
December, 1979; and
(iv) which has undergone a major conversion,---
(a) for which the contract was placed after the 31st
December, 1979; or
(b) in the absence of a contact, construction work of
which was begun after the 30th June, 1976; or
(c) which completed after the 31st December, 1976;
(m) Noxious liquid substances means any substances
defined as such in the Convention;
(n) “oil” means petroleum in any form including crude
oil, fuel oil, sludge, oil refuse and refined products;
(o) “oily mixture” means a mixture with any oil
content;
(p) “oil tanker” means a ship constructed or adapted
primarily to carry oil in bulk in its cargo and includes combination carries
and any “chemical tanker”, when its is carrying a cargo or part cargo of oil in
bulk;
(q) “off-shore installation” means an installation
whether mobile or fixed, which is used or is intended to be used for under-water
exploration or exploitation of crude oil, petroleum or other similar mineral
oils, under lease, licence or any other from of contractual arrangement and
includes.
(a) any installation which could be moved from place
to place under its own motive power or otherwise; and
(b) a pipe-line;
(r) “sewage” means
(a) drainage and other wastes from any form of toilets
and urinals;
(b) drainage from medical premises (dispensary, sick
bay, etc; via wash basin, wash tubs and scoppers located in such premises;
(c) drainage from spaces containing living animals; or
(d) other water waters when mixed with the drainages
specified above;
(s) “ship” means any vessel of any type whatsoever
operating in the marine environment and includes hydrofoil boats, air-cushion
vehicles, submersible, floating craft (self propelled or not) and fixed or
floating platforms; and
(t) “special area” means a sea area where, for
recognised technical reasons in relation to its oceanographical and ecological
condition and to the particular character of its traffic, the adoption of
special mandatory methods for the prevention of sea pollution is required and
defined as such in the convention.
553. International pollution prevention certificates. (1) Each Pakistani oil tanker of one hundred and fifty
gross tons and above and each other Pakistani ship of four hundred gross tons
and above; or of such other type or tonnage as is specified in the convention
or any Pakistani chemical tanker shall have on board a valid International oil
pollution prevention certificate; for the carriage of noxious liquid substances
in bulk as the case may be or any other certificate required under the
convention.
(2) Each oil tanker of one hundred and fifty gross
tons and above, or of such type or tonnage as is specified in the convention
and each other ship of four type or tonnage as is specified in the convention
and each other ship of four hundred gross tons and above, or any chemical
tanker, operated under the authority of a convention country, other than
Pakistan shall have on board valid certificates mentioned in sub-section (1).
(3) The certificates required by sub-section (1) shall
be in the prescribed form issued by the Federal Government, or by any
organizations authorized by the Federal Government in this behalf, after a
satisfactory survey in the prescribed manner.
(4) The certificates issued under the provisions of
sub-section (1) shall be issued for a period prescribed by the Federal
Government, which shall not exceed five years from the date of issue; except where,---
(a) significant alternations have taken place in the
construction, equipment, fittings, or arrangements required by the pollution
prevention requirements, without the approval of the Federal Government of any
other organization authorized by the Federal Government;
(b) surveys as required under the convention are not
carried out; and
(c) transfer of the ship to the flag of another
country has taken place, the certificate shall cease to be valid.
(5) No officer of Customs shall grant a port clearance
to a Pakistani ship specified in sub-section (1) or to a ship specified in
sub-section (2), until after the production by master or owner or owner of the
ship of international oil pollution prevention certificate; or international
pollution prevention certificate for the carriage of noxious liquid substances
in bulk, as the case may be or any other certificate required under the
convention.
554. Prevention of pollution by sewage and garbage
from ships. (1) The discharge of
sewage and disposal of garbage into the sea from any ship is prohibited except
as specified under the convention.
(2) The Federal Government may, in respect of a
Pakistani ship, issue with an International sewage pollution prevention
certificate for the prescribed period which shall not exceed five years from
the date of issue thereto after satisfactory survey in the prescribed manner.
(3) Garbage management plan and garbage record book
shall be maintained as required under the convention.
(4) If sewage or garbage is discharged or disposed of
into the sea in contravention of sub-section (1), the master or the owner of
the ship shall be liable to a fine which may extended to ten thousand US
dollars.
(5) The provisions of this section shall take effect
from such date as the Federal Government may, be notification in the official
Gazette, appoint.
555. Prohibition against oil pollution from ships. (1) No oil or oily mixture or harmful substance shall
be is charged into the sea from any Pakistani ship or a foreign ship unless the
condition specified in the convention are satisfied.
(2) Every ship of gross tonnage of less than four
hundred tons other than oil tanker shall be equipped as far as practicable and
reasonable with installations to ensure the storage of ill residues on board
and their discharge to reception facilities.
(3) if oil or oily mixture or harmful substance is
discharged in contravention of sub-section (1) the master or the owner of the
ship shall be liable to imprisonment which shall not be less than two years and
fine which shall not be less than fifty thousand US dollars but may extend to
one million US dollars, and, in the case of a continuing contravention or
failure with an additional fine which may extend to ten thousand US dollars for
every day after the first during which such contravention or failure continues.
(4) The Federal Government, or an officer generally or
specifically authorised by it in this behalf, may compound any offence under
this section.
556. Prohibition against pollution due to discharge of
noxious liquid substances from ships. (1)
No noxious liquid substances shall be discharged into the sea from a Pakistani
ship or a foreign ship unless the condition specified in the Convention are
satisfied.
(2) If noxious liquid substances or their residues are
discharged in contravention of this section, the master or the owner of the
ship shall be liable to imprisonment for a term which shall not be less than
two years and fine which shall not be less than fifty thousand US dollars, but
may extend to one million US dollar.
557. Special Powers. (1) any person specially authorised by the Federal
Government, may order any vessel in a part or place in Pakistan, or in the
navigable waters of Pakistan, to operate or anchor in such manner as he may
direct if,---
(a) he has reasonable cause to believe such vessel
does not comply with any regulaion issued under this Ordinance, or any other
law for the time being in force;
(b) by reason of weather, visibility, sea conditions,
port congestion, other hazardous circumstances, or the condition of such
vessel, he is satisfied that such directive is justified in the interest of
safety;
(c) he determines that such vessel does not satisfy
the conditions for entry in port if such,---
(i) vessel has a history of accident, pollution incidents,
or serious repair problems which in the opinion of the Federal Government or
person authorised by it, render such vessel unsafe or may create a threat to
the marine environment; or
(ii) vessel fails to comply with any regulation issued
under this Ordinance, as amended, or under any other laws for the time being in
force;
(iii) vessel discharges oil or hazardous material in
violation of any law of Pakistan or in a manner and quantities inconsistent
with the provisions of any treaty or convention to which the Pakistan
Government is a party;
(iv) vessel does not comply with any applicable vessel
traffic service requirements;
(v) vessel is manned by one or more officers who are
licensed or certificate by a certificating State which the Federal Government
or person authorised by it, has determined, does not have standards for
licensing and certification of seafarers which are comparable to or more
stringent than Pakistan’s standards or International standards which are
accepted by the Government of Pakistan;
(vi) vessel is not manned in compliance with manning
levels prescribed by the Federal Government, or person authorised by it, to be
necessary to ensure the safe navigation of the vessel; and
(vii) vessel while underway, does not have atleast one
licensed or certificated Deck Officer on the navigation bridge capable of
clearly understanding marine (nautical) terminology.
(2) The Federal Government, or person authorised by
it, may allow provisional entry of a vessel not in compliance with clause (c)
of sub-section (1), if the owner or operator of such vessel proves, to the
satisfaction of the Federal Government, or person authorised, that such vessel
is not unsafe or safety of the vessel or persons abroad.
558. Exceptions is cases of emergencies. Nothing in Sections 555 and 556 shall apply to,---
(a) the discharge into the sea of oil or oily mixture
or noxious liquid substances or other harmful substances mixture containing
such substances necessary for the purpose of securing the safety of a ship or
saving life at sea; and
(b) the discharge into the sea of oil or oily mixture
or noxious liquid substances or other harmful substances mixture containing
such substances resulting from damage to a ship or its equipment if,---
(i) all reasonable precautions have been taken after
the occurrence of the damage or discovery of the discharge for the purpose of
preventing or minimizing the discharge;
(ii) the owner or the master acted neither with intent
to cause damage nor recklessly and with knowledge that damage would probably
result; and
(iii) the discharge into the sea of noxious liquid
substances of mixtures containing such substances, approved by the Federal
Government, when being used for the purpose of combating specific pollution
incidents in order to minimize the damage from pollution.
559. Equipment in ships to prevent pollution. (1) For the purpose of preventing or reducing
discharges of oil and oily mixtures into the sea, and for cleaning, removing of
dispersing any oil and oily mixture already discharged, the Federal Government
may make rules requiring Pakistan ships to be fitted with such equipment and to
comply with such other requirements (including requirement for preventing the
escape of fuel oil or heavy diesel oil into bilges) as may be prescribed.
(2) If a Pakistani ship is not fitted with equipment
as required by sub-section (1) the master, owner, operator or the agent shall
be liable to a fine which may extend to five hundred thousand rupees and in
case of a continuing offence with an additional fine which may extend to five
thousand rupees for every day during which such offence continues after first
conviction.
560. Oil record book. (1) Each oil tanker, of one hundred and fifty gross
tons and above, and ship of four hundred gross tons and above, other than an
oil tanker, and manned fixed or floating drilling rig or other platform to
which this part applies, shall maintain an oil record book part-I (machinery
space operations). An oil tanker of one hundred and fifty gross tons and above
or a non-oil tanker that carries two hundred cubic meters or more of oil in
bulk, shall also maintain an oil record book part-II (cargo ballast
operations).
(2) The form and manner in which the oil record book
shall be maintained, the nature of the entries to be made there in, the time
and circumstances in which such entries shall be made, the custody and disposal
thereof and all other matters relating thereto shall be such as may be
prescribed having regard to the provisions of the convention.
(3) If the master of an oil tanker or other ship fails
to maintain an oil record book as required by the this section shall, for each
offence, be liable to a fine which may extend to one hundred thousand rupees.
(4) If any person wilfully destroys or mutilates or
renders illegible or prevents the making of, any entry in the oil record book
or makes or causes to be made a false entry in such book in contravention of
any rule made under this section, he shall for each offence, be liable to a
fine which may extend to five hundred thousand rupees.
561. Cargo record book for chemical tankers. Each chemical tanker to which this chapter applies
shall maintain a cargo record book, whether as part of the ship’s official
log-book or otherwise, in the prescribed form.
562. Inspection and control of ships with respect to
prevention of pollution. (1) A
surveyor or any person appointed in this behalf by the Federal Government may,
at any reasonable time, go on board a ship for the purpose of,---
(a) ensuring that the prohibitions, restrictions and
obligations imposed by or under the convention are complied with;
(b) satisfying himself about the adequacy of the
measures taken to prevent the escape of oil or oily mixture or noxious liquid
substances or ay other harmful substances from the ship including appropriate
operational practices specified in the convention;
(c) ascertaining the circumstances relating to an
alleged discharge of oil or oily mixture or of noxious liquid substances or any
other harmful substances from the ship in contravention of the provisions of
the convention;
(d) investigating and apportioning responsibility
whenever of oil or contamination by noxious liquid substances or any other
harmful substances on or below the surface of water in the immediate vicinity
of a ship or its wake; and
(e) inspecting the oil record book, cargo book or any
other relevant record.
(2) The surveyor or of any such person may, if
necessary make, without unduly delaying the ship, a true copy of any entry in
the oil or cargo record book of the ship, and may require the master of the
ship to certify the copy to be a true copy and such copy shall be admissible as
evidence of the facts stated therein.
563. Information regarding contravention of the
provisions of the convention. (1) If,
on report from a surveyor or other person authorised to inspect a vessel under
Section 562, the Federal Government is satisfied that any provision of the
Convention has been controverted anywhere by a foreign ship being a ship to
which the provisions of the Convention apply, it shall transmit particulars of
the alleged contravention to the Government of the country to which the ship
belongs.
(2) On receipt of information from the Government of
any country which has ratified the Convention that a Pakistani ship has
contravened any provision of the Convention, the Federal Government shall
investigate the matter and, if satisfied that any provision of this Part, or
any rule made thereunder has been contravened, take appropriate action against
the owner or master and intimate such Government of the action so taken.
564. Oil reception facilities at ports in
(2) A port authority providing oil reception
facilities or a person providing such facilities by arrangement with the port
authority, may make charges for the use of facilities at such rates and may
impose such conditions in respect of the use thereof as may be approved, by
notification in the Official Gazette, by the Federal Government in respect of
the port.
(3) Where the Federal Government is satisfied that
there are no oil reception facilities at any port in Pakistan or that the
facilities available at such port are not adequate for enabling ships calling
at such port to comply with the requirements of the convention, the Federal
Government may, after consultation with the port authority in charge of such
port, direct by order in writing such authority to provide or arrange for the
provisions of such oil reception facilities as may be specified in the order.
Explanation. For the purposes of this section “port
authority” means the Conservator of the port within the means the Conservator
of the port within the meaning of Section 7 of the Ports Act, 1908 (XV of
1908).
565. Reception facilities for noxious liquid
substances in
(a) cargo loading and unloading ports and terminals
with facilities adequate for reception of residues and mixtures containing
noxious liquid substances; and
(b) ship repair ports undertaking repairs of chemical
tankers with facilities adequate for the reception of residues and mixtures
containing noxious liquid substances.
566. Pollution from shipping casualties. (1) If an accident occurs involving any ship in or
outside Pakistan waters and the Federal Government is of opinion that oil or
oily mixture or harmful substances from such ship may cause pollution or damage
to the marine environment on a large scale in Pakistan waters, it may give such
directions to the master, owner, charterer salvor or agent of the ship as it
considers necessary to avoid, reduce or neutralize such pollution and damage of
the marine environment.
(2) If a master, owner, charterer, salvor or agent
fails to comply with the directions given under sub-section (1) he shall, for
each offence, be liable to imprisonment which shall not be less than two years
and fine which may extend to one million US dollars.
567. Prohibition of dumping. The dumping of wastes or other matter prescribed as
such is prohibited and any person acting in contravention of this section shall
be liable to imprisonment which shall not be less than two years and fine which
may extend to one million US dollars.
568. Permits for dumping. (1) The dumping of wastes or other matter not
specified in Section 567 is prohibited unless a prior special permit has been
issued by the Federal Government.
(2) Any person acting in contravention to this section
shall be liable to a fine which may extend to five hundred thousand rupees and
imprisonment for a term which shall not be less than three months.
569. Prohibition of loading without permit. (1) The loading of wastes or other matter on board a
ship in a Pakistani port with the intention of subsequent dumping anywhere at
sea is prohibited and any person acting in contravention of this section shall
be liable to a fine which may extend to five hundred thousand rupees and
imprisonment for a term which shall not be less than three months.
(2) The provisions of sub-section (1) shall not apply
to substances referred to in Section 568 in respect of which, prior to the
loading, a permit has been issued by the Federal Government under sub-section
(1) thereof.
570. Exemption. The provisions of Section 567 and 568 shall not apply when, for
security and safety of human life or of ships in cases of force majeure caused by
stress or weather, or in any case which constitutes a danger to human life or a
real threat to ships, dumping appears to be the only way of averting the threat
and if there is every probability that the damage consequent upon such dumping
will be les than would otherwise occur, and such dumping shall be so conducted
as to minimize the forthwith by the master to the Federal Government.
571. Issuance of special permit. The Federal Government may issue a special permit for
dumping wastes, in emergencies, posing serious risk to human health and
admitting no other feasible solution.
572. Conditions to permits. When issuing a permit under Sections 568 and 569, the
Federal Government may attach such conditions and restrictions, as may be
necessary for the protection of the marine environment or the safety and health
of persons.
573. Recognition of foreign permits. A permit for the dumping or wastes or other matter
issued by a competent authority in a foreign country may be recongnized by the
Federal Government as permit deemed to have been issued in accordance with
Section 568.
574. Recovery and liability. (1) The Federal Government may order the owner or
master of a ship who has contravened the provisions of Section 567 and 568, or
who has dumped wastes in accordance with Section 570, to recover, practicable,
the wastes or other mater which were dumped if such wastes or other matter
constitute a serious threat to the marine environment or the safety of human
life or navigation and the costs of such recovery shall be borne by the owner
of the ship.
(2) The Federal Government may recover from the owner
of the ship which has contravened the provisions of Section 567 and 568, or
which has dumped wastes in accordance with Section 570, all reasonable costs
incurred by the Government in the recovery of the wastes or other matter
referred to sub-section (1).
575. Power to make rules. (1) The Federal Government may, by notification in
the official Gazette, make rules for carrying out the purposes of this Part.
(2) In particular, and without any prejudice to the
generality of the provisions of sub-section (1), such rules may provide for any
of the following matters, namely,---
(a) the form and the manner in which the International
oil pollution prevention certificate or International pollution prevention
certificate for noxious liquid substances in bulk or any other certificate
required under the convention shall be issued and any extensions thereof
granted;
(b) the form and the manner in which the oil record
book, cargo record book or any other relevant shall be maintained;
(c) the mode or the manner of construction of new
ships and any structural alterations in the existing ships for the purpose of
giving effect to the provisions of Section 559;
(d) the manner in which investigation may be made by
the Federal Government for the purpose of sub-section (2) of Section 563.
(e) the authorities which may, in individual cases,
allow exemptions from the provisions of this Part and specify conditions for
such exemptions;
(f) form of application for permits and the issue,
refusal and cancellation of permits for dumping; and
(g) fees which may be levied for the issue of any
certificate or permit under this Part.
PART XV
PROCEDURAL AND MISCELLANEOUS
CHAPTER 44.
PROCEDURE
576. Certain persons to be deemed public servant. The following persons shall be deemed to be public
servants within the meaning of Section 21 of the Pakistan Penal Code, 1860 (Act
XLV of 1860) namely,---
(a) every Principal Officer, Surveyor, Shipping
Master, Radio Inspector, Registrar Appointed under this Ordinance;
(b) every person appointed under Section 94 for the
purpose of examining the qualification of persons desirous of obtaining
certificates of competency under this Ordinance;
(c) every person appointed under this Ordinance to
report information as to shipping casualties;
(d) every judge, assessor, scientific referee or other
person acting under Part XI;
(e) every person authorised under this Ordinance to
make an inquiry or investigation under Part XI and all persons whom he calls to
his aid;
(f) every person directed to make an investigation
into an explosion or fire an board ship under section 480;
(g) every presiding officer and member of a Maritime
Board convened under Section 483;
(h) every receiver of wreck and all persons whom he
calls to his aid; and
(i) every other officer or person appointed under this
Ordinance to perform any functions thereunder.
577. Jurisdiction.
578. Place of trail. Any person committing any offence under this Ordinance
or any rule or regulation made thereunder may be tried for the offence in any
place in which he may be found, or which the Federal Government may, by
notification in the Official Gazette, direct in this behalf, or in any other
place in which he might be tried under any other law for the time being in
force.
579. Enforcement of penalties in certain cases. The penalties to which masters and owners of special
trade passenger ships and pilgrim ships are liable under part V, shall be
enforced only on information laid at the instance of the certifying officer,
or, at the port or place where there is no such officer, at the instance of
such other officer as the Federal Government may specify in this behalf.
580. Special provision regarding punishment. Notwithstanding anything contained in Section 32 of
the Code of Criminal Procedure, 1898 (Act V of the 1898), a Magistrate of the
First class may pass any sentence authorised by, or under, this Ordinance on
any person convicted of an offence under this Ordinance or rule or regulation
made thereunder.
581. Offences by companies. (1) If the person committing an offence under this
Ordinance is a company, every person who, at the time the offence was
committed, was in charge of, and was responsible to, the company for the
conduct of the business of the company, as well as the company, shall be deemed
to be guilty of the offence and shall be liable to be proceeded against and
punished accordingly:---
Provided that nothing in this sub-section shall render
any such person liable to any punishment under this Ordinance if he proves that
the offence was committed without his knowledge or that he exercised all due
diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section
(1), where an offence under this Ordinance has been committed by a company, and
it is proved that the offence was committed with the consent or connivance of,
or is attributable to any neglect on the part of, any director, partner,
manager, secretary or other officer of the company, such director, partner,
manager, secretary of other officer shall also be deemed to be guilty of that
offence, and shall be liable to be proceeded against and punished accordingly.
582. Depositions to be received in evidence when
witnesses cannot be produced. (1)
Whenever, in the course of any legal proceeding under this Ordinance instituted
at any place in Pakistan before any Court or Magistrate, or before any person
authorised by law or by consent of parties to receive evidence, the testimony
of any witness is required in relation to the subject matter, and the defendant
or the person accused, as the case may be, after being allowed a reasonable
opportunity for so doing, does not produce the witness before the Court,
Magistrate or person so authorized, any deposition previously made by the
witness in relation to the same subject matter before any Court, judge or
Magistrate in Pakistan, or, if elsewhere, before a maritime Board or before any
Pakistan consular officer, shall be admissible in evidence if,---
(a) the deposition is authenticated by the signature
of the presiding officer of the Court or of the Judge or Magistrate or of then
presiding officer of the Maritime Board or of the Pakistan consular officer,
before whom it is made;
(b) the defendant or the person accused had an
opportunity by himself or his agent of cross-examining the witnesses; and
(c) the proceeding is criminal, on proof that the
deposition was made in the presence of the person accused.
(2) It shall not be necessary in any case to prove the
signature or official character of the person appearing to have signed such
deposition; and a certificate by such person that the defendant or the person
accused had an opportunity of cross-examining the witness, and that the
deposition, if made in a criminal proceeding was made in the presence of the
person accused, shall unless the contrary is proved, be sufficient evidence
that he had that opportunity and that it was so made.
583. Survey of ships alleged by seamen to be
unseaworthy. (1) Whenever, in any
proceeding against any seaman or apprentice belonging to any ship for the
offence of desertion or absence without leave it is alleged by one-fourth, or
if their number exceeds twenty by not less than five, or the seaman belonging
to the ship, that the ship is by reason of unseaworthiness, over loading,
improper loading, defective equipment, or for any other reason, not in a fit
condition to proceed to sea, or that the accommodation in the case shall take
such means as may be in its power to satisfy itself concerning the truth or
otherwise of the allegation and shall for that purpose receive the evidence of
the person making the same, and may summon any other witness whose evidence it
may think it desirable to hear, and shall, if satisfied that the allegation is
groundless, adjudicate in the case, but if not so satisfied shall before
adjudication cause the ship to be surveyed.
(2) A seaman or apprentice charged with desertion, or
with absence without leave, shall have any right to apply for a survey under
this section unless he has before deserting or absenting without leave
complained to the master of the circumstances so alleged in justification.
(3) For the purposes of this section the Court shall
require any surveyor or, if such surveyor cannot be obtained without
unreasonable expense or delay, then any other competent person appointed by the
Court, and having no interest in the ship, her freight or cargo, to survey the
ship, and to answer any question concerning her which the Court thinks fit to
put.
(4) Such surveyor or other person shall survey the
ship, and make his written report to the Court, including an answer to every
question put to him by the Court, and the Court shall cause the report to be
communicated to the parties, and, unless the opinions expressed in the report
are proved to the satisfaction of the Court to be erroneous, shall determine
the questions before it in accordance with those opinions.
(5) Any person making a survey under this section
shall, for the purposes thereof, have all such powers as are specified in
sub-section (3) of Section 71.
(6) The costs, if any, of the survey shall be determined
in accordance with the scale of fees the Federal Government may, by
notification in the official Gazette, fix in this behalf.
(7) If it is proved that the ship is in a fit
condition to proceed to sea, or that the accommodation is sufficient, as the
case may, be the costs of the survey shall be paid by the person upon whose
demand, or in consequence of whose allegation, the survey was made, and may be
deducted by the master or owner out of the wages due or to become due to that
person, and shall be paid over to the Federal Government.
(8) If it is proved that the ship is not in a fit
condition to proceed to sea, or that the accommodation is insufficient, as the
case may be, the master or owner of the ship shall pay the costs of the survey
to the Federal Government, and shall also be liable to pay to the seaman or
apprentice who has been detained in consequence of the said proceeding before
the Court under this section such compensation for his detention as the Court
may award.
584. Jurisdiction over ships laying off coasts. Where any area within which any Court or Magistrate
has jurisdiction, either under this Ordinance or under any other law for any
purpose whatsoever, is situated on the coast of any sea, or abutting on or
projecting into any bay, channel, lake, river, or other navigable water, every
such Court or Magistrate shall have jurisdiction over any vessel being on, or
lying or passing off, that coast, or being in or near that bay, channel, lake,
river, or navigable water, and over all persons on board that vessel or for the
time being belonging thereto, in the same manner as if the vessel or persons
were within the limits of the original jurisdiction of the Court or Magistrate.
585. Jurisdiction in case of offences on board. Where any person, being a citizen of Pakistan is
charged with having committed any offence on board any Pakistani ship on the
high seas, or in any foreign port or harbour, or on board any ship other than a
Pakistani ship to which he does not belong, or, not being a citizen of
Pakistan, is charged with having committed any offence on board any Pakistani
ship on the high seas, and that person is found within the jurisdiction of any
Court or Magistrate which would have have had jurisdiction to take cognizance
of the offence if it had been committed on board a Pakistani ship within the
limits of its or his ordinary jurisdiction shall have jurisdiction to try the
offence as if it had been so committed.
586. Power to detain foreign ship that has occasioned
damage. (1) Whenever any damage has
in any part of the world been caused to property belonging to the Government,
or to any citizen of Pakistan or a company, by a ship other than a Pakistani
ship, and at any time thereafter that ship is found in any port or place in
Pakistan including the territorial waters thereof, the High Court may, upon the
application of any person who alleges that the damage was caused by the
misconduct or want of skill of the master or any member of the crew of the
ship, issue an order directed to any Principal Officer, officer of Customs or
other person named in the order, requiring him to detain the ship until such
time as the owner, master or consignee thereof has satisfied any claim in
respect of the damage, or has given security to the satisfaction of the High
court to pay all costs and damages that may be awarded in any legal proceedings
that may be instituted in respect of the damage, and the officer or person to
whom the order is directed shall detain the ship accordingly.
(2) Whenever it appears that, before an application
can be made under this section, the ship in respect of which the application is
to be made will have departed from Pakistan or the territorial waters thereof,
any Principal Officer or officer of Customs may detain the ship for such time
as to allow the application to be made and the result thereof to be
communicated to the officer detaining the ship, and that officer shall not be
liable for any costs or damages in respect of the detention unless the same is
proved to have been made without reasonable grounds.
(3) In any legal proceedings in relation to any such
damage as aforesaid, the person giving security shall be made a defendant and
shall, for the purpose of such proceedings, be deemed to be the owner of the
ship that has occasioned the damage.
587. Enforcing detention of ship. (1) where under this Ordinance a ship is authorised,
or ordered, to detained, any commissioned officer of the Pakistan Navy, or any
Principal Officer or officer of Customs may detain the ship.
(2) If any ship after detention, or after service on
the master of any notice of, or order for, such detention, proceeds to sea
before she is released by competent authority, the master of teh ship shall be
liable to a fine which may extend to ten thousand rupees.
(3) When a ship so proceeding to sea takes to sea,
when on board thereof in the execution of his duty, any person authorised under
this Ordinance to detain or survey the ship, the owner, master or agent of such
ship shall each be liable to pay all expenses of, and incidental to, such
person being so taken to sea, and shall also be liable to a fine which may
extend to fifty thousand rupees.
(4) When any owner, master or agent is convicted of
any offence under sub-section (3), the Magistrate convicting him may inquire
into and determine the amount payable on account of expenses by such owner,
master or agent under that sub-section, and may direct that the same shall be
recovered from him in the manner provided for the recovery of fines.
588. Levy of wages, etc. by distress of moveable
property. When an order under this
Ordinance for the payment of any wages or other money is made by a Shipping
master or a Magistrate or other officer or authority, and the money is not paid
at the time or in the manner directed, the sum mentioned in the order, with
such further sum as may be thereby awarded for costs, may be levied by distress
and sale of the moveable property of the person directed to pay the same under
a warrant to be issued for that purpose by a Magistrate.
589. Levy of wages, fines etc. by sale of ship. Where any Court or Magistrate or other officer or
authority has power under this Ordinance to make on order directing payment to
be made of any seaman’s wages, fine or other sums of money, then, if the person
so directed to pay the same is the master, owner or agent of a ship and the
same is not paid at the time or in the manner directed by the order, the Court
or Magistrate or Officer or authority, as the case may be, may, in addition to
any other power it or he may have for the purpose of compelling payment by
warrant, direct the amount remaining unpaid to be levied by distress and sale
of the ship and her equipment.
590. Notice to be given to consular representative of
proceedings taken in respect of foreign ship. If any ship other than a Pakistani ship is detained
under this Ordinance, or if any proceedings are taken under this Ordinance
against the master, owner or agent of any such ship, notice forthwith be served
on the consular officer of the country in which the ship is registered, at or
nearest to the port where the ship is for the time being, and such notice shall
specify the grounds on which the ship has been detained or the proceedings have
been taken.
591. Service of documents. Where for the purposes of this Ordinance any document
is to be served on any person, that document may be served,---
(a) in any case, by delivering a copy thereof
personally to the person to be served, or by leaving the same at his place of
abode or by post;
(b) if the document is to be served on the master of a
ship, where there is one, or on a person belonging to a ship, by leaving the
same for him on board that ship, with the person being or appearing to be in
command or charge of the ship; and
(c) if the document is to be served on the master of a
ship where there is no master and the ship is in Pakistan, on the managing
owner of the ship, or, if there is no managing owner, on some agent of the
owner residing in Pakistan, or where no such agent is known or can be found, by
affixing a copy thereof to the mast of the ship.
592. Proof of attestation not required. Where any document, is required by this Ordinance to
be executed in the presence of, or to be attested by, any witness that document
may be proved by the evidence of any person who is able to bear witness to the
requisite facts without calling the attesting witness or the attesting
witnesses or any of them.
593. Fines to compensate for damages. A Magistrate or a Court imposing a fine under this
Ordinance may, if he thinks fit, direct the whole or any part thereof to be
applied in compensating any person for any detriment which he may have
sustained by the act or default in respect of which the fine is imposed or in
or towards payment of the expenses of the prosecution.
CHAPTER 45.
MISCELLANEOUS
594. Shipping Development Fund. (1) The Federal Government may, by notification in
the Official Gazette, form a fund to be called the Shipping Development Fund
(hereinafter referred to as the Fund) to be applied towards meeting the expenses
of operating the Fund and for granting loans and financial assistance in any
other form,---
(a) to persons of the description mentioned in Section
13,---
(i) for the acquisition and maintenance of ships,
including modification, reconstruction and renovation thereof; and
(ii) for meeting any short term requirements.
(b) to Pakistani shipyards for the construction of new
ships.
(2) The Federal Government may, by notification in the
Official Gazette, make rules providing for,---
(a) the constituting of a committee for the management
of the Fund and the manner and mode of its working and memberships;
(b) the manner and mode of the payments into the Fund;
(c) the exemption from liability to pay any taxes by
the committee referred to in clause (a); and
(d) any other matter which is considered necessary for
the smooth operation of the Fund and the management of the committee referred
to in clause (a).
595. Fees for establishing training institutions. (1) For the purpose of establishing or finance
institutions for training in the various trades, professions and callings
provided for in this Ordinance, there shall be paid, in the prescribed manner,
a monthly fee by the owner of every Pakistani ship at such rate as may be
prescribed, not exceeding ten rupees per one hundred units of gross tonnage and
different rates may be prescribed for different classes of ships.
(2) If any owner fails or refuses to pay such fee, any
Principal Officer may detain the ship, in respect of which the fee has not been
paid in accordance with the provisions of sub-section (1), until such time as
the fee payable in respect thereof has been duly paid.
(3) The Federal Government may, by notification in the
official Gazette, make rules providing for,---
(a) the appointment of a committee to administer the
proceeds of the fees paid or collected under this section;
(b) the rates of such fees;
(c) the manner in which such fees shall be paid or
collected; and
(d) such other matter as may be considered necessary
for carrying out the purposes of this section.
596. Inquiry into cause of death on board Pakistani
ship. (1) If any person dies on board
a Pakistani foreign-going ship, the Shipping Master at the port where the crew
of the ship is discharged, or the Shipping Master at any earlier port of call in
Pakistan shall, on the arrival of the ship at that port, inquire into the cause
of death, and shall make in the official log-book an endorsement to the effect,
either that the statement of the cause of death in the log-book is in his
opinion true, or the country, according to the result of the inquiry.
(2) If, in the course of any such inquiry, it appears
to the Shipping Master that a death has been caused on board the ship by
violence or other unlawful act, he shall either report the matter to the Federal
Government or, if the emergency of the case so requires, take immediate steps
for bringing the offender to trial.
(3) For the purposes of any inquiry under this section
the Shipping Master shall have all such powers as are specified in sub-section
(3) of section 471.
597. power to appoint examiners and to make rules as
to qualifications of surveyors. The
Federal Government may appoint competent persons for the purposes of examining
the qualification of persons desirous of practising the profession of a surveyor
at any port in Pakistan, and may make rules,---
(a) for the conduct of such examinations and the
qualifications required;
(b) for the grant of certificates to qualified
persons;
(c) for the fees to be paid for such examinations and
certificates;
(d) for holding inquiries into charges of incompetency
and misconduct on the part of holders of such certificates; and
(e) for the suspension and cancellation of such
certificates.
598. No person to practise as surveyor unless
qualified. No person shall practise
the profession of a surveyor in any port in Pakistan unless he holds a
certificate granted under Section 597:---
Provided that nothing herein contained shall prevent
any person employed by classification society which the Federal Government may,
by notification in the official Gazette, specify in this behalf, from
discharging any of the duties of such employment, or apply to any person
specially exempted by the Federal Government from the operation of this
section.
599. Penalty for practising as surveyor without
certificate. Any person practising
the profession of a surveyor in contravention of the provisions of Section598
shall, for each offence, be punishable with fine which may extend to five
thousand rupees, and shall not be entitled to maintain any suit for any fee or
reward for anything done by him.
600. Powers of person appointed or authorised to
survey ships. any person appointed or
authorised under this Ordinance to survey any ship may, in the execution of his
duties, go on board the ship and inspect the same and every part thereof, and
the machinery, equipment and cargo, and may require the unloading or removal of
any cargo, ballast or equipment.
601. Decision of consular officer to be final until
ship returns to the final port of discharge in
602. Penalty for hindering or obstructing execution of
duties, etc. If any person hinders or
obstructs and Judge, assessor, officer or other person who is empowered by this
Ordinance to conduct an inquiry or investigation or to go on board, survey,
inspect or detain a ship, or otherwise impedes him in the execution of his
duties or the exercise of his powers under the Ordinance, he shall, for each
offence, be liable to a fine which may extend to fifty thousand rupees.
603. General power to make rules or regulations and
penalty for breach thereof. (1)
Without prejudice to any power to make rules or regulations contained elsewhere
in this Ordinance, the Federal Government may, by notification in the official
Gazette, make rules or regulations to carry out the purposes of this Ordinance.
(2) In making a rule or regulation under this
Ordinance, the Federal Government may direct that any breach of the provisions
thereof shall, less a penalty for such breach has been expressly provided in
this Ordinance, be liable to a fine which may extend to ten thousand rupees
and, if the breach is a continuing one, with an additional fine which may
extend to five thousand rupees for every day after the during which such breach
continues.
604. Power to appoint officers to try certain
offences, etc. (1) Notwithstanding
anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898), or
any other law for the time being in force, the Federal Government may, by
notification in the official Gazette, appoint one or more officers to try,
within such local areas as may be specified therein, an offence of any breach
of, or failure to comply with, any rule for the safety of ship of crew,
passengers, goods, mails and other things carried thereon, or for preventing
ships from endangering other ships, persons or property; and any such officer
trying an offence shall, for the purpose of the trail, be deemed to be a
Magistrate of the first class appointed under the Code and any proceedings
before, and sentence passed by him shall have effect accordingly.
(2) Notwithstanding anything contained in the Code of
Criminal Procedure, 1898 (Act V of 1898), an officer appointed under
sub-section (1) may try an offence in a summary way in accordance with the
procedure laid down for summary trial in the said Code.
(3) Where an officer has been appointed under
sub-section 91) to try an offence specified therein, no Court other than such
officer shall try such offence.
605. Power to exempt ships from the provisions of the
Ordinance. Notwithstanding anything
contained in this Ordinance, the Federal Government may, upon such conditions,
if any, as it may think fit to impose, exempt any ship from any specified
requirement contained in, or prescribed in pursuance of, this Ordinance, or
dispense with the observance of any such requirement in the case of any ship,
if it is satisfied that, that requirement has been substantially complied with
or that compliance with the requirement is unnecessary in the circumstances of
the case.
606. Power to constitute committees to advise on
rules, regulations and scales of fees.
(1) The Federal Government may, if it thinks fit, constitute one or more
committees consisting of such number of persons as it may appoint thereto representing
the interests principally affected or having special knowledge of the subject
matter, for the purpose of advising it when considering the making or
alteration of any rules, regulations or scales of fees under this Ordinance or
for any other purpose connected with this Ordinance.
(2) There shall be paid to the members of any such
committee such travelling and other other allowances as the Federal Government
may fix.
(3) Committees may be constituted under this section
to advise the Federal Government either generally as regards any rules,
regulations or scales of fees or as regards any classes of rules, regulations
or scales of fees in particular or for any other purpose connected with this
Ordinance.
607. protection of persons acting under Ordinance. No suit or other legal proceeding shall lie against
any person for anything which is in good faith done or intended to be done
under this Ordinance.
608. Removal of difficulties. If any difficulty arises in giving effect to the
provisions of this Ordinance, in so far as they relate to any Conventions
referred to in this Ordinance, the Federal Government may, by notification in
the official Gazette, make such provisions not inconsistent with the provisions
of this Ordinance, as appear to be necessary or expedient for removing the
difficulty and giving effect to the provisions of such Convention:---
Provided that no such order shall be made under this
section after the expiry of three years from the coming into force of this
Ordinance.
609. Power to make rules with respect to maritime
International conventions. The
Federal Government may by notification in the official Gazette, make rules, not
in-consistent with the provisions of this Ordinance, or the rules or
regulations made thereunder, for implementing the provisions of the maritime
International conventions ratified by Pakistan.
CHAPTER 46.
REPEALS AND SAVINGS
610.
Repeals and savings. (1)
Subject to the provisions of sub-section (2), the laws specified in Part I of
the Schedule to this Ordinance, and the enactments specified in Part II thereof
in so far as they extend to, and operate as part of the laws of Pakistan or any
part thereof, are hereby repealed.
(2)
Notwithstanding the repeal of any enactment by sub-section (1),---
(a)
any notification, rule, regulation, bye-law, order or exemption issued, made or
granted under any such enactment shall have effect as if it had been issued,
made or granted under the corresponding provision of this Ordinance;
(b)
any official appointed and any body elected or constituted under any such law
shall continue and shall be deemed to have been appointed, elected or
constituted, as the case may be, under the corresponding provision of this
Ordinance;
(c)
any document referring to any enactment hereby repealed shall be construed as
referring, as far as may be, to this Ordinance, or to the corresponding
provision of this Ordinance;
(d)
mortgages of ships recorded in any register book maintained at any port in
Pakistan under any enactment hereby repealed shall be deemed to have been
recorded in the register book maintained under the corresponding provision of
this Ordinance; and
(e)
any licence, certificate of competency or survey, A or B certificates, safety
certificate, radio telegraphy certificate, radio telephone certificate, safety
equipment certificate, exemption certificate, International or Pakistan load
line certificate, or document issued made or granted under any enactment hereby
repealed shall be deemed to have been issued, made or granted under this
Ordinance and shall, unless cancelled in pursuance of the provisions of this
Ordinance, continue in force until the date specified in the certificate or
document.
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