PART XII
INVESTIGATIONS AND INQUIRIES

390. Definition of "coasts"
391. Receivers of wreck
392. Duty of receiver where vessel is in distress
393. Power to pas over adjoining of lands
394. Power of receiver of wreck to suppress plunder and disorder by force
395. procedure to be observed by persons finding wreck
396. Investigation of certain matters in respect of vessels wrecked etc.
397. Notice to be given by receiver
398. Immediate sale of wreck by receiver in certain cases
399. Claims of owners of wreck
400. Prohibition of certain acts in respect of wreck BACK
401. Search warrants where weck is concealed
Salvage
402. Salvage payable for saving life, cargo or wreck
403. Savings
404. Power to make rules respecting wreck and salvage

357. Definition of “coasts”-- In this part, the word “coasts” includes the coasts of creeks and tidal rivers.

358. Shipping casualties and report thereof-- (1) For the purpose of investigations and inquiries under this Part, a shipping casualty shall be deemed to occur when--

(a) on or near the costs of India, any ship is lost, abondoned, stranded or materially damaged;

(b) on or near the coasts of India, any ship causes loss or material damge to any other ship;

(c) any loss of life ensues by reason of any casualty happening to or on board any ship on or near the coasts of India;

(d) in any place, any such loss, abandonment, stranding, material damage or casualty as above mentioned occurs to or on board any Indian ship, and any competent witness thereof is found in India;

(e) any Indian ship is lost or is supposed to have been lost, and any evidence is obtainable in India 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 ships are concerned) in charge of each ship at the time of the shipping casualty, and in the cases mentioned in the 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 palce in India from the place where the shipping casualty has occurred, the master of the ship, shall, on arriving in India, give immediate notice of the shipping casualty to the officer appointed in this behalf by the Central Government.

359. Report of shipping casualties to Central Government-- (1) Wherever any such officer as is referred to in sub-section (2) of section 358 receives credible information that a shipping casualty has occured, he shall forthwith report in writing the information to the Central Government; and may proceed to make a preliminary inquiry into the casualty.

(2) An officer making a preliminary inquiry under sub-section (1) shall send a report thereof to the Central Government or such other authority as may be appointed by it in this behalf.

360. Application to court for formal investigation-- The officer appointed under sub-section (2) of section 358, whether he has made a preliminary inquiry or not, may, and, where the Central Government so directs, shall make an application to a court empowered under section 361, requesting it to make a formal investigation into any shipping casualty, and the court shall thereupon make such investigation.

361. Court empowered to make formal investigation-- [A Judicial Magistrate of the first class] specially empowered in this behalf by the Central Government and a [Metropolitan Magistrate] shall have jurisdiction to make formal investigations into shipping casualties under this Part.

362. Power of court of investigation to inquire into charges against masters, mates and engineers-- (1) Any court making a formal investigation into a shipping casualty inquire into any charge of incompetency or misconduct arising, in the course of the investigation, against any master, mate or engineer, as well as into any charge of a wrongful act or default on his part causing the shipping casualty.

(2) In every case in which any such charge, whether of incompetency or misconduct, or of a wrongful act or default, as aforesaid, arises against any master, mate or engineer, in the course of an investigation, 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.

363. Power of Central Government to direct inquiry into charges of incompetency or misconduct-- (1) If the Central Government has reason to believe that there are grounds for charging any master, mate or engineer with incompetency or misconduct, otherwise than in the course of a formal investigation into a shipping casuatly, the Central Government,--

(a) if the master, mate or engineer holds a certificate under this Act, in any case;

(b) if the master, mate or engineer holds a certificate under the law of any country outside India, in any case where the incomopetency or misconduct has occured on board an Indian ship;

may transmit a statement of the case to any court having jurisdication under section 361, which is at or nearest to the place where it may be convenient for the parties and witness to attend, and may direct that court to make an inquiry into that charge.

(2) Before commencing the inquiry, the court shall cause the master, mate or engineer so charged to be furnished with a copy of the statement transmitted by the Central Government.

364. Opportunity to be given to person to make defence-- For the purpose of any inquiry under this Part into any charge against a master, mate or engineer, the court may summon him to appear, and shall given him an opportunity of making a defence either in person or otherwise.

365. Power of court as to evidence and regulation of proceedings-- [(1) For the purpose of any investigation or inquiry under this Part, the court making the investigation or inquiry shall, in respect of compelling the attendance and examination of witnesses and the production of documents and the regulation of the proceedings, have the same powers as are exercisable by that court in the exercise of its criminal jurisdiction.

[(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.]

366. Assessors-- (1) A court making a formal investigation shall constitute as its assessors not less than two and not more than four persons, of whom one shall be a person conversant with maritime affairs and the other or others shall be conversant with either maritime or mercantile affairs.

Provided that, where the investigation involves, or appears likely to involve, any question as to the cancellation or suspension of the certificate of a master, mate or engineer, two of the assessors shall be persons having also experience in the merchant service.

(2) The assessors shall attend during the investigation and deliver thier opinions in writing, to be recorded on the proceedings, but the exercise of all powers conferred on the court by this Part or any other law for the time being in force shall rest with the court.

(3) The assessors shall be chosen from a list to be prepared from time to time by the Central Government.

367. Power to arrest witnesses and enter ships-- If any court making an investigation or inquiry under this Part thinks it necessary for obtaining evidence that any person should be arrested, if any issue a warrant for his arrest, and may, for the purpose of effecting the arrest, authorise any officer, subject, nevertheless, to any general or special instructions from the Central Government, to enter any vessel, and any officer so authorised may, for the purpose of enforcing the entry, call to his aid any officer or police or customs or any other person.

368. Power to commit for trial and bind over witnesses-- Whenever, in the course of any such investigation or inquiry, it appears that any person has committed in India an offence punishable under any law in force in India, the court making the investigation or inquiry may (subject to such rules consistent with this Act 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 purpose of this section exercise all its powers as a criminal court.

369. Report by court to Central Government-- (1) The court shall, in the case of all investigations or inquiries under this Part, transmit to the Central Government a full report of the conclusions at which it has arrived together with the evidence.

(2) Where the investigation or inquiry affects a master or an officer of a shiop other than an Indian ship who holds a certificate under the law of any country outside India, the Central Government may transmit a copy of the report together with the evidence to the proper authority in that country.

[(3) The Central Government shall, on receipt of the investigation report from the court, cause it to be published in the Official Gazette.]