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3. Definitions.- In this Act, unless the context otherwise requires,-

(1) "coasting ship" means a ship exclusively 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 or Burma;

(2) "coasting trade of India" means the carriage by sea of passengers or goods from any port or place in India to any other port or place on the continent of India;

(3) 'collision regulations" means the regulations made under section 285 for the prevention of collisions at sea;

(4) "company" means a company as defined in section 3 of the Companies Act, 1956 (1 of 1956);

(5) "Country to which the Load Line Convention applies" means,-

(a) a country the Government of which has been declared or is deemed to have been declared under section 283 to have accepted the Load Line Convention and has not been so declared to have denounced that Convention;

(b) a country to which it has been so declared that the Load Line Convention has been applied under the provisions of article twenty-one thereof, not being a country to which it has been so declared that that Convention has ceased to apply under the provisions of that article;

(6) "Country to which the Safety Convention applies" means,-

(a) a country the Government of which has been declared under section 283 to have accepted the Safety Convention and has not been so declared to have denounced that Convention;

(b) a territory to which it has been so declared that the Safety Convention extends, not being a territory to which it has been so declared that that Convention has ceased to extend;

(7) "court" in relation to sections 178 to 183 (inclusive) means a civil or revenue court;

(8) "Director-General" means the director-General of Shipping appointed under section 7;

(9) "distressed seaman" means a seaman engaged under this Act who, by reason of having been discharged or left behind from, or shipwrecked, in any ship at a place outside India, is in distress at that place;

(10) "effects", in relation to a seaman, includes cloths and documents;

(11) "equipment", in relation to a ship, includes boats, tackle, pumps, apparel, furniture, life saving appliances of ever description, spars, masts, rigging and sails, fog signals, lights, shapes and signals of distress, medicines and medical and surgical stores and appliances, charges, radio installations, appliances for preventing, detecting or extinguishing fires, buckets, compasses, axes, lanterns, loading and discharging gears and appliances of all kinds and all others stores or articles belonging to or to be used in connection with or necessary for the navigation as safety of the ship;

(12) "fishing vessel" means a ship fitted with mechanical means of propulsion which is exclusively engaged in as 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;

(14) "free board" means-

(a) in relation to a decked vessel, the distance above the waterline measured vertically at the side of the vessel amidships from the position of the upper adage of the uppermost complete deck; and

(b) in the case of any other vessel, the distance above the waterline measured vertically at the side of the vessel amidships from the upper edge of the permanent bulwark of the vessel;

(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 an 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;

(17) "Indian Consular Officer" means the consul-general consul, vice-consul, consular agent and proconsul 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;

(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;

(19) "load line certificate" means the certificate issued under section 316 or section 321;

(20) "Load Line Convention" means the Convention signed in London on the 5th day of July, 1930, for promoting safety of life and property at sea, 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;

(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 onboard 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 character, 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;

(27) "pilgrimage" means pilgrimage to any holy place in the Hedges;

(28) "pilgrim ship" means a ship which makes a voyage to or from the Hedges 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;

(30) "prescribed" means prescribed by rules made under this Act;

(31) "proceeding" in relation to sections 173 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 shipwrecked 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 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 10th day of June 1949, as amended from time to time;

(38) "safety convention certificate" means a safety certificate a qualified safety certificate, a safety equipment certificate, a qualified safety equipment certificate, a safety radio telegraphy certificate, a safety radio telephony certificate or an exemption certificate issued under Part IX;

(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' employment officer" means the seamen's employment officer referred to in section 12;

(44) "seamen's welfare officer" means the seamen' welfare officer referred to in section 13; (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 excepted to return, on the completion of his latest voyage;

(47) "shipping officer" means the shipping office referred to in section 11;

(48) "surveyor" means the surveyor referred to in section 9;

(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;

(51) "unberthed passenger" means a passenger of the age of twelve years or upwards for whom no separate accommodation in any cabin, state room or saloon is reserved, and in the computation of passengers for any of the purposes of Part VIII, two persons of the age of one year or upwards and under the age of twelve years shall be reckoned as one unberthed passenger;

(52) "unberthed passenger ship' means a ship carrying more than thirty unberthed passengers;

(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 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.

 

 

 

 

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