ADMIRALTY (JURISDICTION AND SETTLEMENT OF MARITIME CLAIMS) ACT, 2017

Preliminary No. LGL.274/2015/29

NOTIFICATION

NOTIFICATION

The 18th May, 2018

No. LGL.274/2015/29.- The following Central Act Published in the Gazette of India is hereby republished in the State Gazette for general information.

1. Short title, application and commencement.-(1) This Act may be called the 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 (1 of 1917), or a vessel under construction that has

S.2 Definitions

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;

S.3 Admiralty jurisdiction

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

S.4 Maritime claim

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;

S.5 Arrest of vessel in rem

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

(b) the demis

S.6 Admiralty jurisdiction in personam

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.

S.7 Restrictions on actions in personam in certain cases

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 ma

S.8 Vesting of rights on sale of vessels

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.

S.9 Inter se priority on maritime lien

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

S.10 Order or priority of maritime claims

10. Order or priority of maritime claims.-(1) The order of maritime claims determining the inter se priority in an admiralty proceeding shall be as follows:-

(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

S.11 Protection of owner, demise charterer, manager or operator or crew of vessel arrested

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 t

S.12 Application of Code of Civil Procedure

12. Application of Code of Civil Procedure.-The provisions of the Code of Civil Procedure, 1908 (5 of 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.

S.13 Assistance of assessors

13. Assistance of 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 const

S.14 Appeal

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.

S.15 Transfer of proceedings by Supreme Court

15. Transfer of proceedings by Supreme Court.-The Supreme Court may on an application of any party, transfer, at any stage, 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.

S.16 Power to make rules

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 s

S.17 Repeal and savings

17. Repeal and savings.-(1) The application in India of the following enactments are hereby repealed-

(a) the Admiralty Court Act, 1840 (3 & 4 Vict., c. 65);

(b) the Admiralty Court Act, 1861 (24 & 25 Vict., c. 10) ;

(d) the Colonial Courts of Admiralty (India) Act,

S.18 Power to remove difficulties

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.