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National
character and flag
63. National
colours for Indian ships— (1) The Central Government may, by
notification in the Official Gazette, declare what shall be the
proper national colours for all ships registered under this Act
and for all ships which are not so registered but which are owned
by the Government or by any local authority or by any body corporate
established by or under any law for the time being in force in India
or by a citizen of India, and different colours may be declared
for different classes of ships
(2) Any commissioned officer of the Indian Navy, or any customs
collector, or any Indian consular officer, may board any ship on
which any colours are hoisted contrary to this Act and seize and
take away the colours which shall be forfeited to the Government.
64. Unlawful
assumption of Indian Character -- No person on board a ship which
is not an Indian ship shall, for the purpose of making it appear
to be an Indian ship, use Indian national colours, unless the assumption
of Indian character has been made (the burden of proving which shall
lie on him) for the purpose of escaping capture by the enemy or
by a foreign ship of war in the exercise of some belligerent right.
65. Concealment
of Indian, or assumption of foreign, character— No owner or
master of an Indian ship shall knowingly do anything, or permit
anything to be done, or carry or permit to be carried any papers
or documents, with intent to conceal the Indian character of the
ship from any person entitled by any law for the time being in force
to inquire into the same, or with intent to assume a foreign character
for the ship, or with intent to deceive any person so entitled as
aforesaid.
66. Indian ships to hoist proper national colours in certain
cases— An Indian ship shall hoist the proper national colours—
(a) on a signal being made to her by any vessel of the Indian
Navy;
(b) on entering or leaving any foreign port;
(c) if of fifty tons gross tonnage or more, on entering or leaving
any Indian port.
67. National
character of ship to be declared before clearance—
(1) A customs
collector shall not grant a clearance for any ships until the master
of such ship has declared to that officer the name of the country
to which he claims that she belongs; and that officer shall thereupon
inscribe that name on the clearance.
(2) If a ship attempts to proceed to sea without such clearance,
she may be detained by any customs collector until the declaration
is made.
Miscellaneous
68. Liabilities
of ships not recognised as Indian ships— Where it is declared
by this Act that an Indian ship shall not be recognised as such,
that ship shall not be entitled to any privileges, benefits, advantages
or protection usually enjoyed by Indian ships or to use the Indian
national colours for Indian ships or to assume the Indian national
character, but so far as regards the payment of dues, the liability
to fine and forfeiture and the punishment of offences committed
on board such ship, or by any persons belonging to her, such ship
shall be dealt with in the same manner in all respects as if she
were a recognised Indian ship.
69. Proceedings on forfeiture of ship— Where any ship has
either wholly or as to any share therein become subject to forfeiture
under this Part, any commissioned officer of the Indian Navy, any
customs collector or any Indian consular officer or any other officer
authorised by the Central Government, may seize and detain in the
ship, and bring her for adjudication before the High Court, and
the High Court may thereupon adjudge the ship with her equipment
to be forfeited to the Government, and make such order in the case
as to the High Court seems just and may award to the officer bringing
in the ship for adjudication such portion of the proceeds of the
sale of the ship or any share therein as the High Court thinks fit.
70. Notice of trust not received— Not notice of any trust,
express, implied or constructive, shall be entered in the register
book or be receivable by the registrar, and subject to any rights
and powers appearing by the register book to be vested in any other
person, the registered owner of a ship or of a share therein shall
have power to dispose of the shi0 or share in the manner provided
in this Act and to give effectual receipts for any money paid or
advanced by way of consideration.
71. Liability of owners— Where any person is beneficially
interested otherwise than by way of mortgage in any ship or share
in a ship registered in the name of some other person as owner,
the person so interested shall, as well as the registered owner,
be subject to all the pecuniary penalties imposed by this or any
other Act on the owners of ships or shares therein, so nevertheless
that proceedings for the enforcement of any such penalties may be
taken against both or either of the said parties with or without
joining the other of them.
72. Evidence of register book, certificate of registry and other
documents— (1) On application to the registrar and on payment
of the prescribed fee, a person may, at any time during office hours,
inspect any register book, and may obtain a certified copy of any
entry in the register book.
(2) The
following documents shall be admissible in evidence in any court
in manner provided by this Act, namely:--
(a) any register book on its production from the custody of the
registrar or other person having the lawful custody thereof;
(b) a certificate of registry under this Act purporting to be
signed by the registrar or any other officer authorised in this
behalf by the Central Government;
(c) an endorsement on a certificate of registry purporting to
be signed by the registrar or any other officer authorised in this
behalf by the Central Government;
(d) every declaration made in pursuance of this Part in respect
of an Indian ship
(3) A certified copy of an entry in a register book shall be
admissible an evidence in any court and have the same effect to
all intents as the original entry in the register book of which
it is a copy.
73. Power to register Government ships under this Part—
The Central Government may, by notification in the Official Gazette,
direct that, subject to such rules as may be made in this behalf,
ships belonging to the Government other than ships of the Indian
Navy may be registered as Indian ships under this Act, subject to
any exceptions and modifications which may be made in the notification
either generally or with respect to any class of ships belonging
to Government, shall apply to ships belonging to Government registered
in accordance with those rules as they apply to Indian ships registered
in manner provided by this Act.
74. Power to make rules in respect of matters in this Part—
(1) The Central Government may make rules to carry out the purposes
of this Part.
(2) In particulars, and without prejudice to the generality
of the foregoing power, such rules may provide for all or any of
the following matters, namely :--
(a) the manners in which the tonnage of any ship shall be ascertained,
whether for the purpose of registration or otherwise, including
the mode of measurement;
(b) the recognition for the purpose of ascertaining the tonnage
of any ship or for any other purpose, of any tonnage certificate
granted in respect of any ship in any country outside India, the
tonnage regulations of which are substantially the same as the tonnage
rules made by the Central Government, including the conditions and
restrictions subject to which such recognition may be granted;
(c) the manner in which surveys of ships shall be conducted and
the form of certificates of surveying officers;
(d) the manner in which ships shall be marked;
(e) the form in which any document required by this Part shall
be prepared and the particulars which it should contain;
(f) the persons by whom and the authorities before which any
declaration required by this Part shall be made and the circumstances
in which any such declaration may be waived and other evidence accepted;
(g) the form of the instrument creating a mortgage on a ship
or share or transferring a mortgage;
(h) the returns that shall be made by registrars to the Director
–General or to such other authority as the Central Government
any appoint and the form in which and the intervals within which
such returns shall be made;
(i) the procedure for the registration, marking or alteration
of the names of Indian ships;
(j) the fees that may be levied for the survey or inspection
of any ship for the purposes of registration and the manner in which
such fees may be colllected;]
(k) the manner in which registrars and other authorities may
exercise their powers under this Part or maintain their books and
other registers;
(l) the manner in which ships belonging to the Government, to
which the provisions of this Act may be made applicable under section
73, may be registered.
(m) any other matter which may be or is to be prescribed.
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