Report No. 62
1B.26. Section 21.-
This disposes of the difficult question of application of the Act extra-territorially to ships and aircraft. We should, in connection with the jurisdiction of authorities under the Act, refer to section 21, quoted below:-
"21(1) Where any matter is under this Act to be done by or before a Commissioner, the same shall, subject to the provisions of this Act and to any rules made hereunder, be done by or before a Commissioner for the area in which the accident took place which resulted in the injury:
Provided that, where the workman is the master of a ship or a seaman, any such matter may be done by or before a Commissioner for the area in which the owner or agent of the ship resides or carries on business."
We are primarily concerned with the proviso to the section. It is really a procedural provision which comes into operation where the Act1 applies to the particular ship, and has not the status of a rule relevant to the extra-territorial application of this Act.2 Hence, we need not disturb it.
1. See 1 and section 15.
2. See also para. 1B.10, supra.