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Report No. 151

Chapter II

Admiralty Jurisdiction and Other Provisions as to Ships

3. Admiralty Jurisdiction of the Court.-

(1) The Admiralty Jurisdiction of the Court shall be as follows, that is to say Jurisdiction to hear and determine any of the following questions or claims:

(a) Any claim to the possession or ownership of a ship or to the ownership of any share therein;

(b) Any question arising between the co-owners of a ship as to possession, employment or earnings of that ship;

(c) Any claim in respect of a mortgage of or charge on a ship or any share therein;

(d) Any claim for damage done by a ship; including civil liability for oil pollution damage under Part XB of the Merchant Shipping Act;

(e) Any claim for damage received by a ship;

(f) Any claim for loss of life or personal injury sustained in consequence of any defect in a ship or in her apparel or equipment, or in consequence of the wrongful act, neglect or default of the owners, charterers or persons in possession or control of a ship or of the Master or crew thereof or of any other person for whose wrongful acts, neglects or defaults the owners, charterers or persons in possession or control of a ship are responsible, being an act, neglect or default in the navigation or management of the ship, in the loading, carriage or discharge of goods on, in or from the ship or in the embarkation, carriage or disembarkation of persons on, in or from the ship;

(g) Any claim for loss of or damage to goods carried in a ship;

(h) Any claim arising out of any Agreement relating to the carriage of goods in a ship or to the use or hire of a ship;

(i) Any claim in the nature of salvage of life, vessel, cargo property, equipment or wreck, or preservation thereof;

(j) Any claim in the nature of towage in respect of a ship or any aircraft;

(k) Any claim in the nature of pilotage in respect of a ship or an aircraft;

(l) Any claim in respect of goods, materials, bunker or other necessaries supplied to a ship for her operation of maintenance;

(m) Any claim in respect of the construction, repairs or equipment of a ship or any charges or dues of the Port Authorities under the Indian Ports Act, 1908 or the Major Port Trusts Act, 1963;

(n) Any claim by a Master or member of the crew of a ship for wages and any claim by or in respect of a Master or member of the crew of a ship for any money or property which, under the provisions of any Law is recoverable as wages and in the manner in which wages may be recovered;

(o) Any claim by a Master, Shipper, Charterer or Agent in respect of disbursement made on account of a ship;

(p) Any claim arising out of an act which is or is claimed to be a general average act;

(q) Any claim arising out of bottomry;

(r) Any claim for services rendered to a ship for her operation or maintenance;

(s) Any claim for the forfeiture or condemnation of a Ship or of goods which are being or have been carried, or have been attempted to be carried, in a ship, or for the restoration of a ship or any such goods after seizure; and

(t) Any action by shipowners or other persons under Part XA or Part XB of the Merchant Shipping Act (Act 44 of 1958) as amended from time to time for the limitation of the amount of their liability in connection with the ship or other property together with any other jurisdiction which either was vested in High Court of Admiralty at Bombay, Calcutta and Madras under the Admiralty Act, 1841 and 1861 and the Colonial Courts of (India) Act, 1891 as being Courts with Admiralty Jurisdiction and any other Admiralty Jurisdiction vested in the High Courts at Bombay, Calcutta and Madras.

(2) The jurisdiction of the Admiralty Courts under clause (b) of sub-section (1) of this section includes power to settle any account outstanding and unsettled between the parties in relation to the ship, and to direct that the ship, or any share thereof, shall be sold, and to make such other order as the Court thinks fit.

(3) The preceding provisions of this section apply-

(a) in relation to all ships whether Indian or not and whether registered or not and whenever the residence or domicile of their Owners may be;

(b) in relation to all claims, wheresoever arising (including, in the case of cargo or wreck of salvage, claims in respect of cargo or wreck found on land); and

(c) so far as they relate to mortgages or charges, to all mortgages or charges whether registered or not and whether legal or equitable, including mortgages and charges created under Foreign Law.



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