Section 3. Section. 365 renumbered as sub-section (1) thereof by Act 41 of 1984, s. 19 (w.e.f. 15-7-1985)

3. Section. 365 renumbered as sub-section (1) thereof by Act 41 of 1984, s. 19 (w.e.f. 15-7-1985). and the regulation of the proceedings, have the same powers as are exercisable by that court in the exercise of its criminal jurisdiction. 1[(2) Subject to any rules made in this behalf by the Central Government, the court making an investigation or inquiry under this Part may, if it thinks fit, order the payment, on the part of that Government, of the reasonable expenses of any witness attending for the purposes of such investigation or inquiry before such court.] 3. The word "and" omitted by s. 28, ibid . (w.e.f. 28-5-1966). 4. Subs. by s. 28, ibid. , for clause (b) (w.e.f. 28-5-1966). (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.] 1[(4) any person authorised in this behalf, by general or special order of the Central Government may, for securing the observance of the provisions of this section, go on board a ship carrying a cargo of grain and require the production of the grain-loading plan of the ship and inspect the mode in which the cargo is stowed in the ship.] (5) The Central Government may, subject to the condition of previous publication,[2] [make rules in relation to grain-loading plans and the loading of ships] with grain 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". (6) In[3] [section 331A and this section,] the expression "gram" includes wheat, maize, oats, rye, barley, rice, pulses and seeds, 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 one hundred cubic feet or two tons of weight of grain as equivalent to one ton of registered tonnage. Sub-division load lines 333. Submersion of sub-division load lines in case of passenger ships .―(1) Where— (a) an Indian 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 extent to which she is sub-divided and to the space for the time being allotted to passengers, and (b) the appropriate sub-division load line, that is to say, the sub-division load line appropriate to the space for the time being allotted to passengers on the ship, is lower than the load line indicating the maximum depth to which the ship is for the time being entitled under the provisions of this Part to be loaded, the ship shall not be so loaded as to submerge in salt water the appropriate sub-division load line on each side of the ship when the ship has no list. (2) Without prejudice to any other proceedings under this Act, any such ship which is loaded in contravention of this section may be detained until she ceases to be so loaded. Unseaworthy ships 3. The heading " Special provisions regarding pilgrim ships " omitted by Act 69 of 1976, s. 15 (w.e.f. 1-12-1976). 4. Subs. by s. 16, ibid ., for section 264 (w.e.f. 1-12-1976). sum of ten thousand rupees or has given such other guarantee or security as may be acceptable to that Government covering all voyages which may be made by the ship in the current pilgrim season, conditioned that— (a) the master and medical officer shall comply with the provisions of this Part and the rules made there under, and (b) the master, owner or agent shall pay any sum claimed by the Central Government under sub-section (2) of section 277, (2) A bond, guarantee or security may be given under this section covering any or all of the pilgrim ships owned by one owner, and in such cases the amount of the bond, guarantee or security shall be ten thousand rupees for each ship covered. 1. Ins. by Act 21 of 1966, s. 2 (w.e.f. 28.5.1966). 2. Clause (1) renumbered as clause (1A) by s. 2, ibid. (w.e.f. 28-5-1966). 3. The words "or is deemed to have been declared" omitted by Act 25 of 1970, s. 2 (w.e.f. 21-7-1968). 4. Subs. by s. 2, ibid. , for "article twenty-one" (w.e.f. 21-7- 1968). - 1[(11A) "family" means― (i) in the case of male, his wife, his children whether married or unmarried, his dependent parents and his deceased son's widow and children: Provided that if a person proves that his wife has ceased under the personal law governing him or the customary law of the community to which the spouses belong to be entitled to maintenance she shall no longer be deemed to be a part of such person's family for the purpose of this Act unless such person subsequently intimates by express notice, in writing, to the Central Government that she shall continue to be so regarded; and (ii) in the case of female, her husband, her children, whether married or unmarried, her dependent parents, her husband's dependent parents and her deceased son's widow and children: Provided that if a person by notice in writing to the Central Government expresses her desire to exclude her husband from the family, the husband and his dependent parents shall no longer be deemed to be a part of such person's family for the purpose of this Act, unless such person subsequently cancels in writing any such notice. Explanation .―In either of the above two cases, if the child, or, as the case may be, the child of a deceased son, of a person has been adopted by another person and if under the personal law of the adopter adoption is legally recognised, such a child shall be considered as excluded from the family of the first mentioned person.] (12) "fishing vessel" means a ship fitted with mechanical means of propulsion which is exclusively engaged in sea fishing for profit; (13) "foreign-going ship" means a ship, not being a home trade ship, employed in trading between any port or place in India and any other port or place or between ports or places, outside India; 2[(14) "free board" means the distance measured vertically downwards, amidships, from the upper edge of the deck line to the upper edge of the related load line;] (15) "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 situate; or - (b) the vessel is for the time being; or - (c) the cause of action wholly or in part arises; (16) "home-trade ship" means a ship not exceeding three thousand tons gross which is employed in trading between any port or place in India and any other port or place on the continent of India or between ports or places in India and ports or places in Ceylon, Maladive Islands, Federation of Malaya, Singapore or Burma; 3. If a person contravenes sub-section (2) of 35(2) Fine which may section 35. extend to one thousand rupees. (17) "Indian consular officer" means the consul-general, consul, vice-consul, consular agent and pro-consul appointed as such by the Central Government, and includes any person authorised by the Central Government to perform the functions of consul-general, consul, vice-consul, consular agent or pro-consul; 1. Ins. by Act 41 of 1984, s. 2 (w.e.f. 15-7-1985). 2. Subs. by Act 25 of 1970, s. 2, for clause (14) (w.e.f.21-7-1968). (18) "Indian ship" means a ship registered as such under this Act and includes any ship registered at any port in India at the commencement of this Act which is recognised as an Indian ship under the proviso to sub-section (2) of section 22; 1[(18A) "international voyage" means a voyage from or to a port or place in India to or from a port or place outside India;] (19) "load line certificate" means the certificate issued under section 316 or section 321; 2[(20) "Local Line Contention" means the International Convention on Load Lines signed in London on the 5th day of April, 1966, as amended from time to time;] (21) "Marine Board" means a Board of Marine Inquiry convened under section 373; (22) "master" includes any person (except a pilot or harbour master) having command or charge of a ship; 1[(22A) "nuclear ship" means a ship provided with a nuclear power plant;] (23) "owner" means― (a) in relation to a ship, the person to whom the ship or a share in the ship belongs; (b) in relation to a sailing vessel, the person to whom the sailing vessel belongs; (24) "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 obligations laid upon the master to carry shipwrecked, distressed or other persons or by reason of any circumstances which neither the master nor the charterer, if any, could have prevented or forestalled; (c) a child under one year of age; (25) "passenger ship" means a ship carrying more than twelve passengers; (26) "pilgrim" means a person making a pilgrimage and, in the case of a passenger on board a pilgrim ship, includes every person accompanying or travelling with the person making the pilgrimage; 3[(27) "pilgrimage" means pilgrimage to any holy place in the Hedjaz or to any other place declared by the Central Government to be a place of pilgrimage by notification in Official Gazette; (28) "pilgrim ship" means a special trade passenger ship which makes a voyage to or from the Hedjaz, or, as the case may be, to or from any other place of pilgrimage declared as such by the Central Government in pursuance of clause (27), during the season of the pilgrimage and which carries pilgrims in a proportion of not less than one pilgrim for every one hundred tons of the gross tonnage of the ship;] (29) "port of registry", in relation to a ship or a sailing vessel, means the port at which she is registered or is to be registered; 1. Ins. by Act 21 of 1966, s 2 (w.e.f. 28-5-1966). 2. Subs. by Act 25 of 1970, s. 2, for clause (20) (w.e.f.21-7-1968). 3. Subs. by Act 69 of 1976, s. 3, for clauses (27) and (28) (w.e.f. 1-12-1976). (30) "prescribed" means prescribed by rules made under this Act; (31) "proceeding" in relation to sections 178 to 183 (inclusive) includes any suit, appeal or application; (32) "proper officer" means the officer designated by the Central Government to be the proper officer at the port or place and in respect of the matter to which reference is made in the provision of this Act in which the expression occurs; (33) "proper return port", in relation to a master, seaman or apprentice discharged or 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; (34) "radio inspector" means a person appointed as such under section 10; (35) "registrar" means the registrar referred to in section 24; (36) (a) "repatriation expenses" means expenses incurred in returning a distressed seaman to a proper return port and in providing him with necessary clothing and maintenance until his arrival at such port, and includes in the case of a ship wrecked seaman the repayment of expenses incurred in conveying him to port after shipwreck and maintaining him while being so conveyed; and (b) "excepted expenses", in relation to repatriation expenses, means repatriation expenses incurred in cases where the cause of the seaman being left behind is desertion or absence without leave or imprisonment for misconduct, or discharge from his ship by a Marine Board on the ground of misconduct; (37) "Safety Convention" means the Convention for the Safety of Life at Sea signed in London on the[1] [1st day of November, 1974] as amended from time to time; - 2[(38) "safety convention certificate" means,― (i) a passenger ship safety certificate, - 3[(ia) a special trade passenger ship safety certificate, - (ib) a special trade passenger ship space certificate,] - (ii) a qualified passenger ship safety certificate, - (iii) a cargo ship safety construction Certificate, - (iv) a qualified cargo ship safety construction certificate, - (v) a cargo ship safety equipment certificate, - (vi) a qualified cargo ship safety equipment certificate, - (vii) a cargo ship safety radio telegraphy certificate, - (viii) a cargo ship safety radio telephony certificate, - (ix) an exemption certificate, - (x) a nuclear passenger ship safety certificate, 1. Subs. by Act 12 of 1983, s. 3, for "17th day of June, 1960" (w.e.f. 18-5-1983). 2. Subs. by Act 21 of 1966, s. 2, for clause (38) (w.e.f. 28-5-1966). 3. Ins. by Act 69 of 1976, s. 3 (w.e.f. 1-12-1976). (xi) a nuclear cargo ship safety certificate, issued under Part IX or, as the case may be, Part IXA;] (39) "sailing vessel", means any description of vessel provided with sufficient sail area for navigation under sails alone, whether or not fitted with mechanical means of propulsion, and includes a rowing boat or canoe but does not include a pleasure craft; (40) "salvage" includes all expenses properly incurred by the salvor in the performance of salvage services; (41) "sea-going", in relation to a vessel, means a vessel proceeding to sea beyond inland waters or beyond waters declared to be smooth or partially smooth waters by the Central Government by notification in the Official Gazette; (42) "seaman" means every person (except a master, pilot or apprentice) employed or engaged as a member of the crew of a ship under this Act, but in relation to sections 178 to 183 (inclusive) includes a master; (43) "seamen's employment office" means the seamen's employment office referred to in section 12; (44) "seamen's welfare officer" means the seamen's welfare officer referred to in section 13; 1[(44A) "security" means maritime security and includes any measure to protect ports or ships or any person or thing relating directly or indirectly to maritime navigation,— (i) against terrorism, sabotage, stowaways, illegal migrants, asylum seekers, piracy, armed robbery, seizure or pilferage; and (ii) against any other hostile act or influence which threatens the security in the maritime transport sector, employed by the owners or operators or persons in charge of the vessels or management of port facilities, offshore installations and other marine organisations or establishments;] (45) "ship" does not include a sailing vessel; (46) "shipping master" means the shipping master referred to in section 11; but in relation to any seaman for the purposes of sections 178 to 183 ((inclusive) means a shipping master appointed,― (i) for the port at which the seaman entered into, or is believed to have entered into, an agreement, or (ii) where the seaman did not enter into his agreement in India, for the port to which the seaman has returned, or is expected to return, on the completion of his latest voyage; (47) "shipping office" means the shipping office referred in section 11; 2[(47A) "special trade" means the conveyance of large number of passengers by sea within prescribed sea areas; (47B) "special trade passenger" means a passenger carried in special trade passenger ship in spaces on the weather deck or upper deck or between decks which accommodate more than eight passengers and includes a pilgrim or a person accompanying a pilgrim; 1. Ins. by Act 40 of 2007, s. 3 (w.e.f. 1-3-2008). 2. Ins. by Act 69 of 1976, s. 3 (w.e.f. 1-12-1976). (47C) "special trade passenger ship" means a mechanically propelled ship carrying more than thirty special trade passengers;] (48) "surveyor" means the surveyor referred to in section 9; 1[(48A) "tanker" means a cargo ship constructed or adapted for the carriage in bulk of liquid cargoes of an inflammable nature;] (49) "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 and not being a harbour; (50) "tindal" means the person in command or charge of a sailing vessel; 2* * * * * (53) "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 an Indian ship, by the Government of the country in which the ship is registered; (54) "valid safety convention certificate" means a certificate purporting to have been issued in accordance with the Safety Convention in respect of a ship, other than an Indian ship, by the Government of the country in which the ship is registered; (55) "vessel" includes any ship, boat, sailing vessel, or other description of vessel used in navigation; (56) "voyage" for the purposes of Part VIII, means the whole distance between the ship's port or place of departure and her final port or place of arrival; (57) "wages" includes emoluments; (58) "wreck" includes the following when found in the sea or in tidal water or on the shores thereof― (a) goods which have been cast into the sea and then sink and remain under water; (b) goods which have been cast or fall into the sea and 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 of recovery; (59) "young person" means a person under eighteen years of age.