Report No. 21

5. Definition of ship included.-

The English Act contains no definition of "ship". Rule 15 in Schedule I of that Act provides that certain things forming fittings and equipments of the ship are also included therein. But the Act is silent as to what vessels should be included in the definition of "ship". The question has accordingly been raised whether sailing vessels propelled by oars should be included in it. Even in England the view has been expressed by ArnouId1 that "ship" probably includes all builds of vessels. Referring next to the definition of "ship" in Indian statutes, section 3(55) of the General Clauses Act2 provides that a "ship" includes vessels not exclusively propelled by oars.

Section 48 of the Indian Penal Code defines vessel as "anything made for the conveyance by water of human beings or property". This would include vessels propelled by oars. Section 3(45) of the Indian Merchant Shipping Act (44 of 1958) enacts that a ship does not include sailing vessels. But this definition is only for the purpose of that Act, and is itself based on the view that but for the specific provision contained in this Act, the word "ship" would include sailing vessels. There has been a considerable body of opinion from South India, where such vessels are largely in use, for their inclusion in the definition of "ship". We have accordingly decided to include3 a definition of "ship" as including sailing vessels propelled by oars.

1. Arnould Marine Insurance, 1954, Vol. I, p. 199, Articles 184-185.

2. The definition in the General Clauses Act follows section 742, (English) Merchant Shipping Act. For cases on the definition in the latter Act see Temperley Merchant Shipping Acts, 5th Edn., pp. 441-443.

3. See Appendix I-clause 2 "ship".