2151

Panaji, 8th March, 2018 (Phalguna 17, 1939)

SERIES I No. 49

Reg. No. G-2/RNP/GOA/32/2018-20

RNI No. GOAENG/2002/6410

PUBLISHED BY AUTHORITY

Department of Law & Judiciary

Legal Affairs Division

—

Notification

10/8/2017-LA-16

The Admiralty (Jurisdiction and Settlement

of Maritime Claims) Act, 2017 (Central Act

No. 22 of 2017), which has been passed by

Parliament and assented to by the President

on 09-8-2017 and published in the Gazette of

India, Extraordinary, Part II, Section 1, dated

9-8-2017, is hereby published for the general

information of the public.

Julio Barbosa Noronha, Joint Secretary

(Law).

Porvorim, 31st January, 2018.

Suggestions are welcomed on e-mail: dir–[email protected]

THE ADMIRALTY (JURISDICTION AND

SETTLEMENT OF MARITIME CLAIMS)

ACT, 2017

ACT

to consolidate the laws relating to admiralty

jurisdiction, legal proceedings in connection

with vessels, their arrest, detention sale and

other matters connected therewith or

incidental thereto.

Be it enacted by Parliament in the Sixty-

-eighth Year of the Republic of India as

follows:—

CHAPTER I

Preliminary

1. Short title, application and commence-

ment.— (1) This Act may be called the

Department

Notification

Subject

Pages

1.a Law & Judiciary

Not.- 10/8/2017-LA-16

The Admiralty (Jurisdiction and Settlement of

2151

Joint Secretary

Maritime Claims) Act, 2017.

b. —do—

Not.- 10/8/2017-LA-10

The Appropriation (No. 3) Act, 2017.

2159

INDEX

NOTE

There is one Extraordinary issue to the Official Gazette, Series I No. 48 dated 1-3-2018 namely, Extraordinary dated

06-03-2018 from pages 2149 to 2150 from Department of Law & Judiciary (Legal Affairs Division) Notification No. 7-1-2018/

/LA regarding Goa Appropriation Act, 2018.

OFFICIAL GAZETTE — GOVT. OF GOA

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Admiralty (Jurisdiction and Settlement of

Maritime Claims) Act, 2017.

(2) It shall apply to every vessel, irrespective

of the place of residence or domicile of the

owner:

Provided that this Act shall not

apply to an inland vessel defined in

clause (a) of sub-section (1) of section

2 of the Inland Vessels Act, 1917, or

a vessel under construction that has

not been launched unless it is

notified by the Central Government

to be a vessel for the purposes of this

Act:

Provided further that this Act shall not apply

to a warship, naval auxiliary or other vessel

owned or operated by the Central or a State

Government and used for any non-commercial

purpose, and, shall also not apply to a foreign

vessel which is used for any non-commercial

purpose as may be notified by the Central

Government.

(3) It shall come into force on such date as

the Central Government may, by notification

in the Official Gazette, appoint.

2. Definitions.— (1) In this Act,—

(a) “admiralty jurisdiction” means the

jurisdiction exercisable by a High Court

under section 3, in respect of maritime

claims specified under this Act;

(b) “admiralty proceeding” means any

proceeding before a High Court, exercising

admiralty jurisdiction;

for removal of a vessel by order of a High

Court to secure a maritime claim including

seizure of a vessel in execution or

satisfaction of a judgment or order;

(d) “goods” means any property

including live animals, containers, pallets

or such other articles of transport or

packaging or luggage irrespective of the

fact whether such property is carried, on

or under the deck of a vessel;

(e) “High Court”, in relation to an

admiralty proceeding, means any of the

High Court of Calcutta, High Court of

Bombay, High Court of Madras, High Court

of Karnataka, High Court of Gujarat, High

Court of Orissa, High Court of Kerala, High

Court of Judicature at Hyderabad for the

State of Telangana and the State of Andhra

Pradesh or any other High Court, as may

be notified by the Central Government for

the purposes of this Act;

(f) “maritime claim” means a claim

referred to in section 4;

(g) “maritime lien” means a maritime

claim against the owner, demise charterer,

manager or operator of the vessel referred

to in clauses (a) to (e) of sub-section (1) of

section 9, which shall continue to exist

under sub-section (2) of that section;

(h) “notification” means a notification

published in the Official Gazette;

(i) “port” shall have the same

meaning as assigned to it in the

Indian Ports Act, 1908;

(j) “prescribed” means prescribed by

rules made by the Central Government

under this Act;

(k) “territorial waters” shall

have the same meaning as

assigned to it in the Territorial

Waters,

Continental

Shelf,

Exclusive Economic Zone and

Other Maritime Zones Act, 1976;

and

(l) “vessel” includes any ship, boat,

sailing vessel or other description of vessel

used or constructed for use in navigation

1 of 1917.

15 of 1908.

80 of 1976.

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by water, whether it is propelled or not, and

includes a barge, lighter or other floating

vessel, a hovercraft, an off-shore industry

mobile unit, a vessel that has sunk or is

stranded or abandoned and the remains of

such a vessel.

Explanation.— A vessel shall not be

deemed to be a vessel for the purposes of this

clause, when it is broken up to such an extent

that it cannot be put into use for navigation,

as certified by a surveyor.

(2) The words and expressions

used herein but not defined and

defined in the Merchant Shipping

Act, 1958 shall have the meanings

respectively assigned to them in that

Act.

CHAPTER II

Admiralty Jurisdiction and Maritime Claims

3. Admiralty Jurisdiction.— Subject to the

provisions of sections 4 and 5, the jurisdiction

in respect of all maritime claims under this Act

shall vest in the respective High Courts and

be exercisable over the waters up to and

including the territorial waters of their

respective jurisdictions in accordance with the

provisions contained in this Act:

Provided

that

the

Central

Government may, by notification,

extend the jurisdiction of the High

Court up to the limit as defined in

section 2 of the Territorial Waters,

Continental

Shelf,

Exclusive

Economic Zone and Other Maritime

Zones Act, 1976.

4. Maritime claim.— (1) The High Court may

exercise jurisdiction to hear and determine any

question on a maritime claim, against any

vessel, arising out of any—

(a) dispute regarding the possession or

ownership of a vessel or the ownership of

any share therein;

(b) dispute between the co-owners of a

vessel as to the employment or earnings of

the vessel;

nature on a vessel;

(d) loss or damage caused by the

operation of a vessel;

(e) loss of life or personal injury occurring

whether on land or on water, in direct

connection with the operation of a vessel;

(f) loss or damage to or in connection with

any goods;

(g) agreement relating to the carriage of

goods or passengers on board a vessel,

whether contained in a charter party or

otherwise;

(h) agreement relating to the use or hire

of the vessel, whether contained in a

charter party or otherwise;

(i) salvage services, including, if

applicable, special compensation relating to

salvage services in respect of a vessel

which by itself or its cargo threatens damage

to the environment;

(j) towage;

(k) pilotage;

(l) goods, materials, perishable or non-

perishable provisions, bunker fuel,

equipment (including containers), supplied

or services rendered to the vessel for its

operation, management, preservation or

maintenance including any fee payable or

leviable;

(m) construction, reconstruction, repair,

converting or equipping of the vessel;

(n) dues in connection with any port,

harbour, canal, dock or light tolls, other tolls,

waterway or any charges of similar kind

chargeable under any law for the time being

in force;

(o) claim by a master or member

of the crew of a vessel or their heirs

44 of 1958.

80 of 1976.

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and dependents for wages or any

sum due out of wages or adjudged

to be due which may be

recoverable as wages or cost of

repatriation or social insurance

contribution payable on their

behalf or any amount an employer

is under an obligation to pay to a

person as an employee, whether

the obligation arose out of a

contract of employment or by

operation of a law (including

operation of a law of any country)

for the time being in force, and

includes any claim arising under

a manning and crew agreement

relating to a vessel, notwith-

standing anything contained in

the provisions of sections 150 and

151 of the Merchant Shipping Act,

1958;

(p) disbursements incurred on behalf of

the vessel or its owners;

(q) particular average or general average;

(r) dispute arising out of a contract for the

sale of the vessel;

(s) insurance premium (including mutual

insurance calls) in respect of the vessel,

payable by or on behalf of the vessel owners

or demise charterers;

(t) commission, brokerage or agency fees

payable in respect of the vessel by or on

behalf of the vessel owner or demise

charterer;

(u) damage or threat of damage caused

by the vessel to the environment, coastline

or related interests; measures taken to

prevent, minimise, or remove such damage;

compensation for such damage; costs of

reasonable measures for the restoration of

the environment actually undertaken or to

be undertaken; loss incurred or likely to be

incurred by third parties in connection with

such damage; or any other damage, costs,

or loss of a similar nature to those identified

in this clause;

(v) costs or expenses relating to raising,

removal, recovery, destruction or the

rendering harmless of a vessel which is

sunk, wrecked, stranded or abandoned,

including anything that is or has been on

board such vessel, and costs or expenses

relating to the preservation of an abandoned

vessel and maintenance of its crew; and

(w) maritime lien.

Explanation.— For the purposes

of clause (q), the expressions

“particular average” and “general

average” shall have the same

meanings as assigned to them in sub-

-section (1) of section 64 and sub-

-section (2) of section 66 respectively

of the Marine Insurance Act, 1963.

(2) While exercising jurisdiction under sub-

-section (1), the High Court may settle any

account outstanding and unsettled between

the parties in relation to a vessel, and direct

that the vessel, or any share thereof, shall be

sold, or make such other order as it may think

fit.

(3) Where the High Court orders any vessel

to be sold, it may hear and determine any

question arising as to the title to the proceeds

of the sale.

(4) Any vessel ordered to be arrested or any

proceeds of a vessel on sale under this Act

shall be held as security against any claim

pending final outcome of the admiralty

proceeding.

5. Arrest of vessel in rem.— (1) The High

Court may order arrest of any vessel which is

within its jurisdiction for the purpose of

providing security against a maritime claim

which is the subject of an admiralty

proceeding, where the court has reason to

believe that—

(a) the person who owned the vessel at

the time when the maritime claim arose is

liable for the claim and is the owner of the

vessel when the arrest is effected; or

44 of 1958.

11 of 1963.

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(b) the demise charterer of the vessel at

the time when the maritime claim arose is

liable for the claim and is the demise

charterer or the owner of the vessel when

the arrest is effected; or

charge of the similar nature on the vessel;

(d) the claim relates to the ownership or

possession of the vessel; or

(e) the claim is against the owner, demise

charterer, manager or operator of the vessel

and is secured by a maritime lien as

provided in section 9.

(2) The High Court may also order arrest of

any other vessel for the purpose of providing

security against a maritime claim, in lieu of

the vessel against which a maritime claim has

been made under this Act, subject to the

provisions of sub-section (1):

Provided that no vessel shall be arrested

under this sub-section in respect of a maritime

claim under clause (a) of sub-section (1) of

section 4.

6. Admiralty jurisdiction in personam.—

Subject to section 7, the High Court may

exercise admiralty jurisdiction by action in

personam in respect of any maritime claim

referred to in clauses (a) to (w) of sub-section

(1) of section 4.

7. Restrictions on actions in personam in

certain cases.— (1) Where any maritime claim

arising in respect of a damage or loss of life or

personal injury arising out of any—

(i) collision between vessels,

(ii) the carrying out of or omission to carry

out, a manoeuvre in the case of one or more

vessels,

(iii) non-compliance, on the part

of one or more vessels, with the

collision regulations made in

pursuance of section 285 of the

Merchant Shipping Act, 1958,

the High Court shall not entertain any action

under this section against any defendant

unless—

(a) the cause of action, wholly or in

part, arises in India; or

(b) the defendant, at the time of

commencement of the action by the High

Court, actually and voluntarily resides or

carries on business or personally works

for gain in India:

Provided that an action may be entertained

in a case, where there are more defendants

than one and where one of the defendants who

does not actually and voluntarily reside or

carry on business or personally work for gain

in India is made a party to such action either

with the leave of the court, or each of the

defendants acquiesces in such action.

(2) The High Court shall not entertain any

action in personam to enforce a claim to which

this section applies until any proceedings

previously brought by the plaintiff in any court

outside India against the same defendant in

respect of the same incident or series of

incidents have been discontinued or have

otherwise come to an end.

(3) The provisions of sub-section (2) shall

apply to counter-claims as they apply to

actions except counter-claims in proceedings

arising out of the same incident or series of

incidents.

(4) A reference to the plaintiff and the

defendant for the purpose of sub-section (3)

shall be construed as reference to the plaintiff

in the counter-claim and the defendant in the

counter-claim respectively.

(5) The provisions of sub-sections (2) and

(3) shall not apply to any action or counter-

claim if the defendant submits or agrees

to submit to the jurisdiction of the High

Court.

44 of 1958.

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(6) Subject to the provisions of sub-section

(2), the High Court shall have jurisdiction to

entertain an action in personam to enforce a

claim to which this section applies whenever

any of the conditions specified, in clauses (a)

and (b) of sub-section (1) is satisfied and any

law for the time being in force relating to the

service of process outside the jurisdiction shall

apply.

8. Vesting of rights on sale of vessels.— On

the sale of a vessel under this Act by the High

Court in exercise of its admiralty jurisdiction,

the vessel shall vest in the purchaser free from

all encumbrances, liens, attachments,

registered mortgages and charges of the same

nature on the vessel.

9. Inter se priority on maritime lien.— (1)

Every maritime lien shall have the following

order of inter se priority, namely:—

(a) claims for wages and other sums due

to the master, officers and other members

of the vessel’s complement in respect of

their employment on the vessel, including

costs of repatriation and social insurance

contributions payable on their behalf;

(b) claims in respect of loss of life or

personal injury occurring, whether on land

or on water, in direct connection with the

operation of the vessel;

including special compensation relating

thereto;

(d) claims for port, canal, and other

waterway dues and pilotage dues and any

other statutory dues related to the vessel;

(e) claims based on tort arising out of loss

or damage caused by the operation of the

vessel other than loss or damage to cargo

and containers carried on the vessel.

(2) The maritime lien specified in sub-

-section (1) shall continue to exist on the vessel

notwithstanding any change of ownership or

of registration or of flag and shall be

extinguished after expiry of a period of one

year unless, prior to the expiry of such period,

the vessel has been arrested or seized and

such arrest or seizure has led to a forced sale

by the High Court:

Provided that for a claim under clause (a) of

sub-section (1), the period shall be two years

from the date on which the wage, sum, cost

of repatriation or social insurance contribution,

falls due or becomes payable.

(3) The maritime lien referred to in this

section shall commence—

(a) in relation to the maritime lien under

clause (a) of sub-section (1), upon the

claimant’s discharge from the vessel;

(b) in relation to the maritime liens under

clauses (b) to (e) of sub-section (1), when

the claim arises,

and shall run continuously without any

suspension or interruption:

Provided that the period during which the

vessel was under arrest or seizure shall be

excluded.

(4) No maritime lien shall attach to a vessel

to secure a claim which arises out of or results

from—

(a) damage in connection with the

carriage of oil or other hazardous or noxious

substances by sea for which compensation

is payable to the claimants pursuant to any

law for the time being in force;

(b) the radioactive properties or a

combination of radioactive properties with

toxic, explosive or other hazardous

properties of nuclear fuel or of radioactive

products or waste.

10. Order of priority of maritime claims.—

(1) The order of maritime claims determining

the inter se priority in an admiralty proceeding

shall be as follows:—

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(a) a claim on the vessel where there is a

maritime lien;

(b) registered mortgages and charges of

same nature on the vessel;

(2) The following principles shall apply

in determining the priority of claims inter

se—

(a) if there are more claims than one in

any single category of priority, they shall

rank equally;

(b) claims for various salvages shall rank

in inverse order of time when the claims

thereto accrue.

11. Protection of owner, demise charterer,

manager or operator or crew of vessel

arrested.— (1) The High Court may, as a

condition of arrest of a vessel, or for permitting

an arrest already effected to be maintained,

impose upon the claimant who seeks to arrest

or who has procured the arrest of the vessel,

an obligation to provide an unconditional

undertaking to pay such sums of money as

damages or such security of a kind for an

amount and upon such terms as may be

determined by the High Court, for any loss or

damage which may be incurred by the

defendant as a result of the arrest, and for

which the claimant may be found liable,

including but not restricted to the following,

namely:—

(a) the arrest having been wrongful or

unjustified; or

(b) excessive security having been

demanded and provided.

(2) Where pursuant to sub-section (1), the

person providing the security may at any time,

apply to the High Court to have the security

reduced, modified or cancelled for sufficient

reasons as may be stated in the application.

(3) If the owner or demise charterer

abandons the vessel after its arrest, the High

Court shall cause the vessel to be auctioned

and the proceeds appropriated and dealt with

in such manner as the court may deem fit

within a period of forty-five days from the date

of arrest or abandonment:

Provided that the High Court shall, for

reasons to be recorded in writing, extend the

period of auction of the vessel for a further

period of thirty days.

CHAPTER III

Procedure and Appeals

12. Application of Code of Civil

Procedure.— The provisions of the

Code of Civil Procedure, 1908 shall

apply in all the proceedings before

the High Court in so far as they are

not inconsistent with or contrary to

the provisions of this Act or the rules

made thereunder.

13.

Assistance

assessors.—

(1)

Notwithstanding anything contained in any

other law for the time being in force, the

Central Government shall appoint by

notification, a list of assessors with such

qualifications and experience in admiralty and

maritime matters, the nature of duties to be

performed by them, the fees to be paid to them

and other ancillary or incidental matters for

the purposes of this Act, in the manner as may

be prescribed.

(2) The appointment of assessors shall not

be construed as a bar to the examination of

expert witnesses by any of the parties in any

admiralty proceeding.

14. Appeal.— Notwithstanding anything

contained in any other law for the time being

in force, an appeal shall lie from any judgment,

decree or final order or interim order of a single

Judge of the High Court under this Act to a

Division Bench of the High Court.

15. Transfer of proceedings by Supreme

Court.— The Supreme Court may on an

application of any party, transfer, at any stage,

5 of 1908.

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any admiralty proceeding from one High Court

to any other High Court and the latter High

Court shall proceed to try, hear and determine

the matter from the stage at which it stood at

the time of transfer:

Provided that no such proceeding shall be

transferred unless parties to the proceeding

have been given an opportunity of being heard

in the matter.

CHAPTER IV

Miscellaneous

16. Power to make rules.— (1) The Central

Government may, by notification in the Official

Gazette, make rules for carrying out the

purposes of this Act.

(2) In particular, and without prejudice to

the generality of the foregoing power, the rules

may provide for all or any of the following

matters, namely:—

(a) the qualification, experience, nature

of duties and fee to be paid to the assessors

and other ancillary or incidental matters

under sub-section (1) of section 13;

(b) the practice and procedure of

admiralty jurisdiction under this Act

including fees, costs and expenses in such

proceedings; and

be, or may be, prescribed.

(3) Until rules are made under sub-section

(2) by the Central Government, all rules for the

time being in force governing the exercise of

admiralty jurisdiction in the High Courts shall

be applicable.

(4) Every rule made under this Act shall be

laid, as soon as may be after the rule is made,

or notification issued before each House of

Parliament while it is in session for a total

period of thirty days comprised in one session

or in two or more successive sessions and if,

before the expiry of the session immediately

following the session or the successive

sessions aforesaid both Houses agree in

making any modification in the rule or

notification or both Houses agree that the rule

or notification should not be made or issued,

the rule or notification shall thereafter have

effect, only in such modified form or be of no

effect, as the case may be; so, however, that

any such modification or annulment shall

be without prejudice to the validity of

anything previously done under that rule or

notification.

17. Repeal and savings.— (1) The

application in India of the following

enactments are hereby repealed—

(a) the Admiralty Court Act,

1840;

(b) the Admiralty Court Act,

1861;

Admiralty Act, 1890;

(d) the Colonial Courts of

Admiralty (India) Act, 1891; and

(e) the provisions of the Letters Patent,

1865 in so far as they apply to the admiralty

jurisdiction of the Bombay, Calcutta and

Madras High Courts.

(2) Notwithstanding the repeal, all admiralty

proceedings pending in any High Court

immediately before the commencement of this

Act shall continue to be adjudicated by such

court in accordance with the provisions of

this Act.

(3) Anything done or any action taken,

under the provisions of the repealed

enactments, shall in so far as such thing or

action is not inconsistent with the provisions

of this Act, be deemed to have been done or

taken under the corresponding provisions of

the Act as if the said provisions were in force

when such thing was done or such action was

taken and shall continue to be in force

accordingly until superseded by anything

3 & 4

Vict.,

c. 65.

24 & 25

Vict.,

c. 10.

53 & 54

Vict.,

c. 27.

16 of 1891.

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2159

done or any action taken under this Act or

rules made thereunder.

(4) Any rule, regulation, bye-law made or

order or notice issued under the repealed

enactments, shall so far as it is not inconsistent

with the provisions of this Act or rules made

thereunder be deemed to have been done or

taken under the corresponding provisions of

this Act.

18. Power to remove difficulties.— (1) If any

difficulty arises in giving effect to the

provisions of this Act, the Central Government

may, by order published in the Official Gazette,

make such provisions, not inconsistent with

the provisions of this Act as may appear

to it to be necessary for removing the

difficulty:

Provided that no such order shall be

made after the expiry of a period of three

years from the date of commencement of

this Act.

(2) Every order made under this

section shall be laid, as soon as may be

after it is made, before each House of

Parliament.

————

Notification

10/8/2017-LA-10

The Appropriation (No. 3) Act, 2017 (Central

Act No. 28 of 2017), which has been passed

by Parliament and assented to by the

President on 23-08-2017 and published in

the Gazette of India, Extraordinary, Part II,

Section 1, dated 24-08-2017, is hereby

published for the general information of the

public.

Julio Barbosa Noronha, Joint Secretary

(Law).

Porvorim, 31st January, 2018.

THE APPROPRIATION (No. 3) ACT, 2017

ACT

to provide for the authorisation of

appropriation of moneys out of the

Consolidated Fund of India to meet the

amounts spent on certain services during

the financial year ended on the 31st day

of March, 2015, in excess of the

amounts granted for those services and for

that year.

Be it enacted by Parliament in the Sixty-

-eighth Year of the Republic of India as

follows:—

1. Short title.— This Act may be called the

Appropriation (No. 3) Act, 2017.

2. Issue of Rs. 16207,95,19,246 out of the

Consolidated Fund of India to meet certain

excess expenditure for the year ended on the

31st March, 2015.— From and out of the

Consolidated Fund of India, the sums specified

in column 3 of the Schedule, amounting in the

aggregate to the sum of sixteen thousand two

hundred seven crores, ninety-five lakhs,

nineteen thousand two hundred and forty-six

rupees shall be deemed to have been

authorised to be paid and applied to meet the

amounts spent for defraying the charges in

respect of the services specified in column 2

of the Schedule during the financial year

ended on the 31st day of March, 2015, in

excess of the amounts granted for those

services and for that year.

3. Appropriation.— The sums deemed to

have been authorised to be paid and applied

from and out of the Consolidated Fund of India

under this Act shall be deemed to have been

appropriated for the services and purposes

expressed in the Schedule in relation to

the financial year ended on the 31st day of

March, 2015.

OFFICIAL GAZETTE — GOVT. OF GOA

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2160

20 Ministry of Defence ......................................... Revenue

....

6,68,87,167

Capital

....

11,801

21 Defence Pensions ............................................. Revenue

9435,90,46,976

4,54,50,236

9440,44,97,212

26 Defence Services— Research and

Development ..................................................... Revenue

....

13,498

77 Ministry of Power .............................................

Capital

6193,40,87,250

....

6193,40,87,250

Ministry of Railways

Miscellaneous Expenditure (General)...... Revenue

70,07,58,724

....

70,07,58,724

General Superintendence and Services

on Railways ........................................................ Revenue

....

23,862

Repairs and Maintenance of Plant and

Equipment .......................................................... Revenue

....

46,46,509

13 Provident Fund, Pension and other

Retirement Benefit .......................................... Revenue

....

21,01,513

14 Appropriation to Funds ................................ Revenue

386,47,94,144

....

386,47,94,144

16 Assets— Acquisition, Construction and

replacement—(Railway Safety Fund) ......

Capital

39,76,12,474

....

39,76,12,474

TOTAL ..................

16196,03,84,660

11,91,34,586

16207,95,19,246

THE SCHEDULE

(See sections 2 and 3)

No. of

Vote

Services and purposes

Excess

Voted

portion

Charged

portion

Total

Rs.

Civil Ministries

13 Department of Posts ........................................ Revenue 70,40,85,092 .... 70,40,85,092

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