THE MERCHANT SHIPPING ACT, 1923

An Act to consolidate certain enactments relating to Merchant Shipping.

WHEREAS, it is expedient to consolidate certain enactments relating to Merchant Shipping ;

It is hereby enacted as follows----

PART I INTRODUCTORY

1.‑(1) This Act may be called the Merchant Shipping Act, 1.923.

(2) It shall come into force on such date as the Federal Government may, by notification in the official Gazette, appoint.

2.‑(1)] In this Act, unless there is anything repugnant in the subject or context,‑------

(1) "effects" includes clothes and documents ;

(2) "foreign‑going ship" means a ship, not being a home -trade ship, employed in trading between any port in Pakistan and any other port or place ;

(3) "home‑trade slip" means a ship, employed in trading between any ports in Pakistan or between any port in Pakistan and any port or place on the Indo‑'Pakistan continent or in Burma or in the Straits Settlements, or in the Island of Ceylon;

(4) "master" includes every person (except a pilot or harbour master) having command or charge of a ship;

(5) "Merchant Shipping Acts" means the Merchant Ship ping Acts, 1894‑1932;

(5A) "Pakistan ship" means a ship registered in Pakistan, whether before or after the commencement of the Constitution, in accordance with the law for the time being in force relating to the registration of ships;

(6) "passenger" means any person carried in 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 obligation laid upon the master to carry ship‑wrecked, distressed or other persons, or by reason of any circumstance which neither the master nor the charterer, if any, could have prevented forestalled; and

(c) a child under one year of age;

(6A) "passenger steamer" means more than twelve passengers;

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

(8) "seaman" means every person (except masters, pilots and apprentices duly indentured and registered) em ployed or engaged in any capacity on board any ship;

(10) "wages" includes emoluments

(lA) For the purposes of this Act, references to British ships shall be deemed to include references to Pakistan ships and the provisions of the Act shall apply accordingly.

(2) As from the commencement of Part III of the Govern ment of India Act, 1935, a British ship registered, whether before or after that date, in Burma or Aden shall not be deemed for the purposes of any enactment relating to British ships registered in Pakistan to be such a ship so registered and as from the fifteenth day of August 1947 a British ship registered before that day within the territories which as from that day constitute the Dominion of India, or registered on and after that day in India, shall not be deemed for the .purposes of any such enactment as aforesaid to be a British ship registered in Pakistan.

  1. The provisions of this Act applying to steamships shall apply to ships propelled by electricity or other mechanical power, with such modifications as the Federal Government may, by notification in the official Gazette, direct for the purpose of adaptation.

PART I

INTRODUCTORY

  1. This Act shall not, except where specially provided, apply to ships belonging to His Majesty or the Government or to ships belonging to any foreign Prince or State or any Acceding State or the Ruler thereof and employed otherwise then for profit in the public service of that foreign Prince or State or Acceding State, as the case may be.

PART II

MASTERS AND SEAMEN

5.‑(1) The provisions of this Part relating to the requirement of masters and mates to hold certificates of competency shall not apply to ships registered under the Registration of Ships Act, 1841, and trading between ports to in Pakistan and the coast of Arabia, when such ships are navigated and manned exclusively by Arabs, lascars or other Asiatic masters and seamen.

(2) Save as hereinbefore provided in this section, this Part shall, unless there is anything repugnant in the subject or context, apply to British ships and to the owners, masters and crews thereof as follows:‑----

(a) The provisions relating to licences to supply seamen, engagement of the crew, agreements with lascars, dis charge of seamen, payment of wages, advance and allotment of wages, mode of recovering wages, and recoveryof expenses of relief of distressed seamen, shall apply to every sea‑going ship in Pakistan.

(aa) The provisions relating to the employment of young persons shall apply to ships registered in Pakistan and to foreign ships in the manner prescribed in the said provisions. ,

(b) The provisions relating to the property of deceased seamen and apprentices shall apply to every sea‑going ship, not being a ship registered in the United Kingdom or a ship employed in trading or going from or to any port in the United Kingdom, where the crew are dis charged or the final port of destination of the ship is in Pakistan.

(c) The provisions relating to the rights of seamen, in respect of wages, to the return of distressed seamen, to the provisions and health of seamen, to the power of seamen to make complaints, to the protection of seamen from imposition and to. discipline shall apply to sea‑going ships registered in Pakistan, while such ships are in Pakistan.

(d) The provisions relating to official logs shall apply to sea‑going ships registered in Pakistan, and to any sea‑going ship, not being a ship registered in the United Kingdom, employed in trading or going between any port in Pakistan and any port not situated in the part of His Majesty's dominions in which the ship is registered other than in the United Kingdom.

(3) The provisions of this Part, in so far as they are adapta tions of the provisions of Part II of the Merchant Shipping Act. 1894, and are not local in their application, have, by virtue of section 264 of the Merchant Shipping Act, 1894, effect throughout His Majesty's dominions and in all places where His Majesty has jurisdiction, as well as in Pakistan.

6.‑(1) Shipping offices shall be maintained at every port in Pakistan where there is a shipping office atthe commencement of this Act, and may be established and maintained at such other ports as the Federal Government may deem necessary.

(2) For every such office there shall be a shipping‑master with such deputy shipping‑masters, clerks and servants (if any) as the Federal Government may consider necessary.

(3) Shipping‑masters and deputy shipping‑masters shall be appointed by the Federal Government and shall be subject to its control or to the control ofany intermediate authority which it may appoint.

(4) Every act done by or before a deputy shipping‑master shall have the same effect as if done by or before a shipping master.

7.‑(1) The Federal Government may direct that at any port at which no separate shipping office is established, the whole or any part of the business ofthe shipping office shall be con ducted at the custom house, or at the office of the port officer, or at such other office as the Federal Government shall direct, and, thereupon the same shall be conducted accordingly.

(2) In respect of such business such custom house or office as aforesaid shall for all purposes be deemed to be a shipping office, and the officer to whom such business is committed shall for all purposes be deemed to be a shipping‑master within the meaning of this Act.

  1. It shall be the general business of shipping‑masters‑-----

(i) to superintend and facilitate the engagement and discharge of seamen in manner in this Act provided;

(ii) to provide means for securing the presence on board at the proper times of the seamen who are so engaged;

(iii) to give to all persons desirous of apprenticing boys to the sea service and duly authorised so to do by the Apprentices Act, 1850, and also to owners and masters of British ships requiring apprentices, such assistance as may be in their power for facilitating the making of such apprenticeships;

(iv) to perform such other duties relating to seamen, ap prentices and merchant ships as are for the time being committed to them by or under this Act or the Mer chant Shipping Acts.

9.‑(1) Such fees, not exceeding the sum specified in Table A in Schedule 1, as may be fixed by the Federal Government shall be payable upon all engagements and discharges effected before shipping‑masters.

(2) Scales of the fees payable for the time being shall be con spicuously placed in the shipping office, and all shipping‑masters, their deputies, clerks and servants may refuse to proceed with any engagement unless the fees payable thereon are first paid.

(3) Every owner or master of a ship engaging or discharging any seaman in a shipping office or before a shipping‑master, shall pay to the shipping‑master the whole of the fees hereby made payable in respect of such engagement or discharge, and may, for the purpose of in part reimbursing himself, deduct in respect . of each such engagement or discharge from the wages of all persons (except apprentices) so engaged or discharged, and retain': any sums not exceeding the sums specified in that behalf in Table B, in Schedule 1:

Provided that, if in any cases the sums which the owner is so entitled to deduct, exceed the amount of the fee payable by him, such excess shall b paid by him to the shipping‑master in addi tion to such fee.

(4) For the purpose of determining the fees to be paid upon the engagement and discharge of seamen belonging to foreign going ships which have running agreements as hereinafter pro vided, the crew shall be considered to be engaged when the agreement is first signed, and to be discharged when the agree ment finally terminates; and all intermediate engagements and discharges shall be considered to be engagements and discharges of single seamen.

  1. If a shipping‑master, deputy shipping‑master, clerk or servant in a shipping office demands or receives, other than the fees authorised under this Act, any remuneration whatever, either directly or indirectly, for hiring or supplying any seaman for a ship or transacting any business which it is his duty to transact, he shall be liable for every such offence to a fine which may ex tend to two hundred rupees, and shall also be dismissed from his office.

11.‑(1) Every British foreign‑going ship and every British home‑trade ship of three hundred tons or upwards when going to sea from any place in I[Pakistan] shall be provided with officers duly certificated under this Act according to the following scale, namely:‑----

(a) in any case, with a duly certificated master;

*(b)*if the ship is a foreign‑going ship of three hundred tons or upwards, with at least two officers besides the master, one of whom shall hold a certificate not lower than that of a first mate and the other a certificate not lower than that of a second mate:

Provided that, if the ship is a foreign‑going ship registered at any port in Pakistan and carries more than two mates, the mates other than the two officers as afore said shall, if they are not duly certificated under this Act, be approved by the Federal Government;

(c) if the ship is a home‑trade ship of three hundred tons or upwards, with at least one officer besidesthe master holding a certificate not lower than that of at mate.

(2) Every British foreign‑going steam‑ship when going to sea from any place in Pakistan shall be provided with engineers duly certificated under this Act according to the following scale, namely:‑

(a) if the ship is of one hundred nominal horse‑power or upwards, with at least two engineers, one of whom shall be a first class and the other a first class or second class engineer duly certificated;

(b) if the ship is of less than one hundred nominal horse power, with at least one engineer who is a first class or second class engineer duly certificated.

(3) Every British home‑trade steam‑ship when going to sea from any place in Pakistan and every foreign steam‑ship carrying passengers, between places in Pakistan shall be provided with engineers duly certificated according to the follow ing scale, namely:‑-----

(a) if the ship is of fifty nominal horse‑power or upwards, with at least one engineer who is a first class or second class engineer duly certificated;

(b) if the ship is ofless than fifty nominal horse‑power, with at least one engineer who is a first class or second class engineer, or an engine driver duly certificated.

(4) The Federal Government may, by written order, exempt any ship or class of ships from the restrictions imposed by sub‑sections (1), (2) or (3) ofthis section.

(5) Nothing in this section which relates to engineers or engine drivers shall apply to any steam‑ship to which the pro visions of the Inland Mechanically Propelled Vessels Act, apply.

12.‑(1) An officer shall not be deemed to be duly certi ficated under this Act, unless he holds a certificate of a grade appropriate to his station in the ship or of a higher grade,

(a) granted in accordance with the Merchant Shipping Acts or any Act repealed thereby or this Act or any Act repealed hereby; or

*(b)*issued by a competent authority in any British posses sion, the certificates of which have been declared by Order in Council made under section 102 of the Merchant Shipping Act, 1894, to have the same force as if they were granted under that Act; or

(c) issued by a competent authority in any other country and recognised by the Federal Government by written order as equivalent to a certificate mentioned in clause (a).

(2) The Federal Government may at any time by a noti fication withdraw its recognition of any certificate falling under clause (t;) of sub‑section (1) on being satisfied, on the report of a Court or of an officer specially appointed to hold an enquiry in this behalf, that the holder of the certificate was incompetent or had been guilty of any gross act of misconduct, drunkenness or tyranny, or that the loss, stranding or abandonment ofor damage to any ship, or loss of life had been caused by his wilful act or default.

  1. Any person who,‑‑‑----

(a) having been engaged as one of the officers mentioned in section 11, goes to sea as such officer without being duly certificated, or

(b) employs a person as an officer in contravention ofsection 11, without ascertaining that the person so serving is duly certificated, shall be liable for each such offence to a fine which may extend to five hundred rupees.

14.‑(1) Certificates ofcompetency shall be granted in accordance with this Act for each of the following grades, namely: ‑-----

Master of foreign‑going ship.

First mate offoreign‑going ship.

Second mate offoreign‑going ship

Master ofa home‑trade ship.

Mate ofa home‑trade ship.

First class engineer.

Second class engineer.

Engine driver.

(2) A certificate of competency for a foreign‑going ship shall be deemed to be of a higher grade than I he corresponding certifi cate for a home‑trade ship, and shall entitle the lawful holder thereof to go to sea in the corresponding grade in such last mentioned ship ; but no certificate for a home‑trade ship shall entitle the holder to go to sea as master or mate ofa foreign going ship.

  1. The Federal Government or a person duly autho rised by the Federal Government in this behalf shah appoint persons for the purpose of examining the qualifications of persons desirous ofobtaining certificates o competency under this Act.

  2. The Federal Government or such authorised person shall deliver to every applicant, who is duly reported by the examiners to have passed the examination satisfactorily and to have given satisfactory evidence of his sobriety, experience and ability and general good conduct on board ship, such a certificate ofcompetency as the case requires:

Provided that the Federal Government may, in any case in which it has reason to believe that the report has been unduly made, require, before granting a certificate, a re‑exami nation ofthe applicant or a further inquiry into his testimonials and character.

17.‑(1) A person who has attained the rank of Lieutenant in His Majesty's Navy or in the Pakistan Navy shall be entitled to a certificate of service as the master of a foreign‑going ship without examination.

(2) A person who has attained the rank of engineer or assist ant engineer in His Majesty's Navy or the Pakistan Navy, shall be entitled without examination, if an engineer, to a certi ficate of service as first class engineer, and, if an assistant engineer, to a certificate of service as second class engineer.

(3) A certificate of service shall differ in form from a certificate of competency, and shall contain the name and rank of the person to whom it is delivered, and the Federal Government shall deliver a certificate of service to any person who proves himself to be entitled thereto.

(4) The provisions of this Act (including the penal provi sions) shall apply in the case of a certificate of service as they apply in the case of a certificate of competency.

  1. Every certificate of competency granted under this Act shall be in the prescribed form and shall be made in duplicate, and one copy shall be delivered to the person entitled to the certificate, and the other shall be kept by the Federal Govern ment and recorded in the prescribed manner.

  2. A note of all orders made for suspending, cancelling, altering or otherwise affecting any certificate of competency, in pursuance of the powers contained in this Act, shall be entered on the copy of the certificate kept by the Federal Government,.

  3. Whenever a master, mate, engineer or engine driver proves to the satisfaction of the Federal Government that he has, without fault on his part, lost or been deprived of a certificate already granted to him, under this Act the Federal Government shall cause a copy of the certificate, to which by the record kept in accordance with this Act he appears to be entitled, to be granted to him, and such copy shall have all the effect of the original.

21.‑‑(1) The Federal Government may make rules to regulate the granting of certificates of competency under this Act, and may, by such rules,‑

(a) provide for the conduct of the examination of persons desirous of obtaining certificates of competency as masters, mates, engineers, or engine drivers ;

(b) prescribe the qualifications to be respectively required of persons desirous of obtaining certificates of com petency as masters, first mates, second mates, first class engineers, second class engineers, or engine drivers ;

(c) fix the fees to be paid by applicants for examination; and

(d) prescribe the form in which such certificates are to be framed and the manner in which the copy of the certificate to be kept by the Federal Government is to be recorded.

22.‑(1) The master of a foreign going ship‑-----

(a) on signing the agreement with his crew shall produce to the shipping‑master, before whom the same is signed, the certificates of competency which the master, mate and engineers of the ship are by this Act required to hold ; and

(b) in the case of a running agreement shall, also, before the second and every subsequent voyage, produce to the shipping‑master the certificate of competency of any mate or engineer then first engaged by him who is required by this Act to hold a certificate.

(2) The master or owner of every home‑trade ship of more than three hundred tons burden shall produce to some shipping master in Pakistan, within twenty‑one days after the thirtieth of June and the thirty‑first of December in every year, or (if the ship is not at any port in Pakistan within twenty‑one days after either the thirtieth of June or the thirty‑first day of December in any year) within forty‑eight hours after her next arrival at any port in Pakistan, the certificates of competency which the master, mates and engineers of the ship are by this Act required to hold.

(3) Upon the production of the certificates of competency, the shipping‑master shall, if the certificates are such as the master, mates, and engineers of the ship ought to hold, give to the master a certificate to the effect that the proper certificates of compe tency have been so produced.

(4) The master shall, before proceeding to sea, produce the certificate given to him by the shipping‑master to the Customs collector, or, if there is no Customs‑collector, to' the officer whose duty it is to grant a port‑clearance.

(5) No officer of Customs or other officer shall clear any such ship outwards without such production; and, if any ship attempts to go to sea without a clearance, any such officer maydetain her until the certificate is produced.

Apprenticeships to the Sea Service

23.‑(1) Any boy not under fourteen years of age may be bound as an apprentice in the sea service to the owner of any ship registered in Pakistan to be employed in any such ship, being the property of such person, the master of which is a citizen of Pakistan or a Commonwealth citizen, and while so employed to be taught the craft and duty of a seaman, and the provisions of the Apprentices Act, 1850, shall, subject to the provisions of this Act, apply accordingly.

(2) The master of any ship in which any apprentice bound to the sea service shall be appointed to serve by the party to whom he is bound shall be deemed to be the Agent of such party for the purposes of the said Act.

(3) The duties of the Magistrate under that Act in respect of the contract of apprenticeship and of the endorsements thereon of any assignment, alteration or cancellation of the contract and of the certification of the offer of the continuation of the contract by the executors or administrators of a deceased‑master of the apprentice shall be performed by the shipping‑master of the port where the apprentice is to begin his service.

Licences to supply Seamen

24.‑(1) The Federal Government or any person duly authorised by the Federal Government in this behalf may grant to such persons as spay be deemed fit licences to engage or supply seamen for merchant ships in Pakistan.

(2) Any such licence shall continue for such period, and may be granted and revoked on such terms and conditions as the Federal Government thinks proper.

25.‑‑(1) A person shall not engage or supply a seaman to be entered on board any ship in Pakistan unless that person either holds a licence under tins Act for the purpose, or is the owner or master or mate of the ship, or is bona fidethe servant and in the constant employ of the owner, or is a shipping‑master.

(2) A person shall not employ, for the purpose of engaging or supplying a seaman to be entered on board any ship in 3[Pakistan], any person unless that person either holds a licence under this Act for the purpose, or is the owner or master or mate of the ship, or is bona fidethe servant and in the constant employment of the owner, or is a shipping‑master.

(3) A person shall not receive or accept to be entered on board any ship any seaman if that person knows that the seaman has been engaged or supplied in contravention of this section.

(4) If a person acts in contravention of this section, he shall for each seaman in respect of whom an offence is committed be liable to a fine which may extend to one hundred rupees, and; if a licensed person, shall forfeit his licence.

26.‑(1) A person shall not demand or receive, either directly or indirectly, from any seaman, or from any person seeking employment as a seaman, or from any person on his behalf, any remuneration whatever for providing him with employment other than the fees authorised by this Act.

(2) If a person acts in contravention of this section, he shall for each such offence be liable to a fine of fifty rupees, and, if a licensed person, shall forfeit his licence.

Engagement of Seamen

27.‑(i) The master of every British ship, except home‑trade ships of a burden not exceeding three hundred tons, shall enter into an agreement (in this Act called the agreement with the crew) in accordance with this Act with every seaman whom he engages in, and carries to sea as one of his crew, from any port in Pakistan.

(2) If a master of a ship carries any seaman to sea without entering into an agreement with him in accordance with this Act, the master shall for each offence be liable to a fine which may extend to fifty rupees.

28.‑(1) An agreement with the crew shall be in a form sanctioned by the Federal Government, and shall be dated at the time of the first signature thereof; and shall be signed by the master before any seaman signs the same.

(2) The agreement with the crew shall contain as terms thereof the following particulars, namely

(a) either the nature and, as far as practicable, the duration of the intended voyage or engagement or the maximum period of the voyage or engagement, and the places or parts of the world, if any, to which the voyage or engagement is not to extend ;

(b) the number and description of the crew, specifying how many are engaged as sailors ;

(c) the time at which each seaman is to be on board or to begin work ;

(d) the capacity in which each seaman is to serve ;

(e) the amount of wages which each seaman is to receive ;

(f) a scale of the provisions which are to be furnished to each seaman, such scale being, in the case of lascars or other native seamen, not less than a scale to be fixed by the Federal Government and published in the official Gazette;

(g) any regulations as to conduct on board and as to fines, short allowance of provisions or other lawful punishments for misconduct, which have been sanc tioned by the Federal Government as regulations proper to be adopted, and which the parties agree to adopt ; and

(h) where it is agreed that the services of any lascar or other native seaman shall end at any port not in Pakistan a stipulation to provide him either fit employment on board some other ship bound to the port at which he was shipped or to such other port in Pakistan as may be agreed on, or a passage to some port in Pakistan free of charge or on such other terms as may be agreed upon, and in this provision the word " seaman" shall include also any citizen of Pakistan carried to sea from any port in Pakistan as one of the crew;

Provided that any such stipulation shall be signed by the owner of the ship or by the master on his behalf.

(3) The agreement with the crew shall be so framed as to admit of such stipulations to be adopted at the will of the master and seaman in each case (not being inconsistent with the pro visions of any enactment for the time being in force relating to Merchant Shipping) as to advance of wages and supply of warm clothing, and may contain any other stipulations which are not contrary to law.

(4) If a master enters into an agreement with a lascar or other native seaman for a scale of provisions less than the scale fixed under this section, he shall be liable to a fine which may extend to two hundred rupees.

29.‑‑If the master of a ship registered at a port outside Pakistan has an agreement with the crew made in due form according to the law of that port or of the port in which her crew were engaged and engages a single seaman not being a lascar or other native seaman in any port in Pakistan, the seaman may sign the agreement so made, and it shall not be necessary for him to sign an agreement under this Act.

30.‑(1) The following provisions shall have effect with res pect to the agreements with the crew made in Pakistan in the case of foreign‑going ships registered either in Pakistan or elsewhere, namely :‑

(a) The agreement shall, subject to the provision of this Act as to substitutes, be signed by each seaman in the presence of a shipping‑master.

(b) The shipping‑master shall cause the agreement to be read over and explained to each seaman, in a language understood by him or shall otherwise ascertain that each seaman understands the same before he signs it, and shall attest each signature.

(c) When the crew is first engaged the agreement shall be signed in duplicate, and one part shall be retained by the shipping‑master, and the other part shall be delivered to the master, and shall contain a special place or form for the descriptions and signatures of substitutes or persons engaged subsequently to the first departure of the ship.

(d) When a substitute is engaged in the place of a seaman who has duly signed the agreement and whose services are lost within twenty‑four hours of the ship's putting to sea by death, desertion, or other unforeseen cause, the engagement shall, if practicable, be made before a shipping‑master, and if not practicable the master shall, before the ship puts to sea, if practicable, and, if not, as soon afterwards as possible, cause the agreement to be read over and explained to the substitute : and the substitute shall thereupon sign the same in the presence of a witness, who shall attest the signature.

(e) The agreement may be made for a voyage of the ship or, if the voyages of the ship average less than six months in duration, may be made to extend over two or more voyages, and agreements so made are in this Act referred to as running agreements.

(f) Save as otherwise provided in this section, running agreements shall not extend beyond the next following thirtieth day of June or thirty‑first day of December, or the first arrival of the ship at her port of destination in Pakistan after such date, or the discharge of cargo consequent upon that arrival.

(g) On every return to a port in Pakistan before the final termination of a running agreement, the master shall discharge or engage before the shipping‑master at such port any seaman whom be is required by law so to discharge or engage; and shall upon every such return endorse on the agreement a statement (as the case may be) either that no such discharges or engage ments have been made or are intended to be made before the sip leaves port, or that all those made have been made as required by law, and if the master wilfully makes a false statement in any such endorsement, he shall for each offence be liable to a fine which may extend to two hundred rupees.

(h) The master shall deliver the running agreement so endorsed to the shipping‑master, and the shipping- master shall, if the provisions of this Act relating to agreements have been complied with, sign the endorse ment and return the agreement to the master.

(2) In the case of a ship

(a) registered in Pakistan, or

(b) registered in the United Kingdom but not employed in trading with any port in the United Kingdom,

a running agreement may be made to extend over two or more voyages so that it shall terminate either within six months from the date on which it was executed, or on the first arrival of the ship at her port of destination in Pakistan after the expiration of that period, or on the discharge of cargo consequent upon such arrival, whichever of these dates shall 'be the latest;

Provided that no such agreement shall. continue in force if, after the expiration of such period of six months as aforesaid, the ship proceeds on a voyage from a port outside Pakistan, to ally other such port which is not on the direct road or a custom ary route to her port of destination in Pakistan;

Provided, also, that every such agreement shall, in addition to any other particulars required bylaw; contain such stipulations for the discharge of the crew and payment of their wages, for securing their return to the port at which they were shipped or to some other port in Pakistan, and for other purposes on the termination of the agreement at a port outside Pakistan under the foregoing proviso, as the Federal Government may direct.

31.‑(1) When a running agreement has been made with the crew of a foreign‑going ship and the ship arrives after the next following thirtieth day of June or thirty‑first day of December, as the case may be, or after the expiration of a period of six months from the date on which it was executed at a port of desti nation in Pakistan which is not the port at which the crew have agreed to be discharged, the master may, with the previous sanction of the shipping‑master, renew the agreement with the crew, or may be required by the shipping‑master so to renew the agreement for the voyage from such port of destination to the port in 1[Pakistan] at which the crew have agreed to be dis charged.

(2) If the master of the ship is required by the shipping‑master to renew the agreement as aforesaid and refuses so to renew it, any expenses which may be incurred by the Federal Govern ment for the subsistence of the crew and their conveyance to the port at which they have agreed to be discharged shall be a charge upon the ship, and shall be recoverable as if they were expenses incurred in respect of distressed, seamen under the pro visions of this Act.

  1. The following provisions shall have effect with respect to the agreements with the crew of home‑trade ships for which an agreement with the crew is required under this Act, namely :‑

(a) Agreements may be made either for service in a parti cular ship or for service in two or more ships belong ing to the same owner, but, in the latter case, the names of the ships and the nature of the ships and the nature of the service shall be specified in the agreement.

(b) Crews or single seamen may, if the master thinks fit, be engaged before a shipping‑master in the same manner as they are required to be engaged for service in foreign going ships, but, if the engagement is not so made, the master shall, before the ship puts to sea, if practicable, and, if not, as soon afterwards as possible, cause the agreement to be read over and explained to each sea man, and the seaman shall thereupon sign the same in the presence of a witness, and the witness shall attest the signature.

(c) An agreement for service in two or more ships belong ing to the same owner may be made by the owner instead of by the master, and the provisions of this Act, with respect to the making of the agreement, shallapply accordingly.

(d) Agreements shall not extend beyond the next follow ing thirtieth day of June or thirty‑first day of De cember or the first arrival of the ship at her final port of destination in Pakistan after such date, of the discharge of cargo consequent on that arrival;

Provided that the owner or his agent may enter into time agreements in forms sanctioned by the 2[Federal Government] with individual seamen to serve in any one or more ships belonging to such owner, which agreements need not expire on either the thirtieth day of June or the thirty‑first day of December.

33.‑(1) The master of every foreign‑going ship, of which the crew has been engaged before a shipping‑master, shall, before finally leaving Pakistan, sign and send to the nearest shipping master a full and accurate statement in a form sanctioned by the Federal Government, of every change which takes place in his crew before finally leaving Pakistan, and that statement shall be admissible in evidence.

(2) If any master fails without reasonable cause to comply with the requirements of this section, he shall be liable for each offence to a fine which may extend to fifty rupees.

34.‑(1) In the case of a foreign‑going ship on the due exe cution of an agreement with the crew in accordance with this Act, and also, when the agreement is a running agreement, on compliance by the master, before the second and every subsequent voyage made after the first commencement of the agreement, with the provisions of this Act respecting that agreement, the ship ping‑master shall grant the master of the ship a certificate to that effect.

(2) The master of every foreign‑going ship shall, before pro ceeding to sea, produce that certificate to the Customs‑collector, or, if there is no Customs‑collector, to the officer whose duty it is to grant a port‑clearance.

(3) No officer ofCustoms or other officer shall clear any such ship outwards without such production; and, if any such ship attempts to go to see without a clearance, any such officer may detain her until such certificate as aforesaid is produced.

(4) The master of every foreign‑going ship shall, within forty eight hours after the ship's arrival at her final port of destination in Pakistan, or upon the discharge of the crew, whichever first happens, deliver such agreement to a shipping master at the place; and such shipping‑master shall thereupon give to the master a certificate of such delivery; and no officer of Customs or other officer shall clear any foreign‑going ship inwards with out the production of such certificate.

(5) Any master who fails without reasonable cause so to de liver the agreement with the crew, shall be liable for each offence to a fine which may extend to fifty rupees.

35.‑(1) The master or owner of a home‑trade ship ofmore than three hundred tons burden shall, within twenty‑one days after the thirtieth day of June and the thirty-first day of Decem ber in every year, or (if the ship is not at any port in Pakistan within twenty‑one days after either the thirtieth day of June or the thirty‑first day of December) within forty‑eight hours of her next arrival at a port in Pakistan, deliver or transmit to a shipping‑master in Pakistan every agreement made within the six months next preceding such days respectively.

(2) The shipping‑masker on receiving such agreement shall give the master or owner of the ship a certificate to that effect ; and no officer of Customs or other officer authorised to grant a port‑clearance shall grant a clearance for any such ship without a production of the certificate, and, if any such ship attempts to go to sea without such clearance, any such officer may detain her until the certificate is produced.

(3) Any master or owner who fails, without reasonable cause, to comply with this section shall be liable for each offence to a fine which may extend to fifty rupees.

36.‑(1) The master shall, at the commencement of every voyage or engagement, cause a legible copy of the agreement and, if necessary, a translation thereof in a language understood by the majority of the crew (omitting the signatures), to be placed or posted up in such part of the ship as to be accessible to the crew.

(2) Any master who fails without reasonable cause to comply with this section shall be liable for each offence to a fine which may extend to fifty rupees.

  1. Every erasure, interlineation or alteration in any agree ment with the crew (except additions made for the purpose of shipping substitutes or persons engaged subsequently to the first departure of the ship) shall be wholly inoperative, unless proved to have been made with the consent of all the persons interes ted in such erasure, interlineation or alteration by the written attestation (if made in Pakistan or in any other Common wealth country) of some shipping‑master, Justice, officer of Customs, or other public functionary, or (if made elsewhere of a Pakistani or British consular *officer, or,*where there is no such officer, of two respectable Pakistani or British merchants.

ENGAGING OF LASCARS BY MASTERS OF FOREIGN SHIPS

38.‑(1) When the master of a foreign ship being at any port in Pakistan engages any lascar or other native seaman to pro ceed to any port outside Pakistan, he shall enter into an agree ment with such seaman and the agreement shall be made before a shipping‑master in the manner provided by this Act for the making of agreements in the case of foreign‑going ships.

(2) All the provisions of this Act, respecting the form of such agreements and the stipulations to be contained in them and the making and signing of the same, shall be applicable to the engagement of such seaman.

(3) The master of the foreign ship shall give to the shipping master a bond with the security of some approved person resident in Pakistan for an amount calculated at the rate of one hundred rupees for every such seaman and conditioned for the due per formance of such agreement and stipulations, and for the re payment to the Federal Government of all expenses which may be incurred by the Federal Government in respect of any such lascar or other native seaman who is discharged or left behind at any port outside Pakistan and becomes distressed and is relieved under the provisions of the Merchant Shipping Acts.

(4) The prescribed fees shall be payable in respect of every such engagement and deductions from the wages of seamen so engaged may be made to the extent and in the manner allowed under this Act.

  1. If any lascar or other native seaman is engaged by the master of any foreign ship otherwise than is allowed in section 38, the master shall be liable to a fine which may extend to one hundred rupees for every seaman so engaged.

40.‑‑(1) The Federal Government or, such officer as it may appoint in this behalf may, by order in writing, prohibit any person from engaging in Pakistan or in any specified portion of Pakistan any citizen of Pakistan to serve as a seaman on any ship specified in such order, but in every case the reasons for the prohibition shall be stated in writing.

(2) Whoever wilfully disobeys any such prohibition shall be liable to imprisonment for a term which may extend to three months, or to a fine which may extend to one thousand rupees, or to both.

41.‑‑(1) For the purpose of preventing seamen from being taken on board any British ship or lascars or native seamen being taken on board any foreign ship at any port in Pakistan contrary to the provisions of this Act, any shipping‑master or deputy shipping‑master may enter at any time on board Any such ship upon which he has reason to believe that seamen or lascars or native seamen, as the case may be have been shipped, and may muster and examine the several seamen employed therein.

(2) If any person obstructs a shipping‑master or deputy shipping‑master in the exercise of his powers under sub‑section (1), he shall be liable to a fine which may extend to one hundred rupees.

Discharge of Seamen

42.‑(1) When a seaman serving in a British foreign‑going ship is, on the termination of his engagement, discharged in I [Pakistan], he shall, whether the agreement with the crew be an agreement for the voyage or a running agreement, be discharged in the manner provided by this Act in the presence of a shipping master.

(2) If the master or owner of the ship acts in contravention of this section, he shall, for each offence, be liable to a fine which may extend to one hundred rupees.

(3) If the master or owner of a home‑trade ship, of more than three hundred tons burden, so desires, the seamen of that ship may be discharged in the same manner as seamen discharged from a foreign‑going ship.

43.‑(1) The master shall sign and give to a seaman discharged from his ship in Pakistan, either on his discharge or on pay ment of his wages, a certificate of his discharge in a form sanc tioned by the Federal Government specifying the period of his service and the time and place of his discharge.

(2) If a master acts in contravention of this section, he shall for each offence be liable to a fine which may extend to one hundred rupees.

(3) The master shall also, upon the discharge of every certi ficated officer, whose certificate of competency has been delivered to and retained by him, return the certificate to the officer, and if, without reasonable causes, he fails so to do, he shall for each offence be liable to a fine which may extend to two hundred rupees.

Payment of Wages

44.‑{1) The master of every British ship shall, before paying off or discharging a seaman, deliver at the time and in the manner provided by this Act a full and true account in a form sanctioned by the Federal Government of the seaman's wages and of all deductions to be made therefrom on any account whatever.

(2) The said account shall be delivered‑---

*(a)*where the seaman is not discharged before the shipping master, to the seaman himself not less than twenty- four hours before his discharge or payment off ; and

(b) where the seaman is to be discharged before the ship ping master, either to the seaman himself, at or before the time of his leaving the ship, or to the shipping master not less than twenty‑four hours before the discharge or payment off.

(3) If the master of a ship fails, without reasonable cause, to comply with this section, he shall for each offence be liable to a fine which may extend to fifty rupees.

45.‑(1) A deduction from the wages of a seaman shall not be allowed unless it is included in the account delivered in pursuance of this Act except in respect of a matter happening after the delivery.

(2) The master shall, during the voyage, enter the various matters in respect of which the deductions are made, with the amount of the respective deductions as they occur, in a book to be kept for that purpose, and shall, if required, produce the book at the time of the payment of wages and also upon the hearing before any competent authority of any complaint or ques tion relating to that payment.

46.‑(1) Where. a seaman is discharged before a shipping master in Pakistan, he shall receive his wages through, or in the presence of, a shipping‑master unless a competent Court otherwise directs, and in such a case, if the master or owner of the ship pays his wages in Pakistan in any other manner, he shall for each offence be liable to a fine which may extend to one hundred rupees.

(2) If the master or owner of a home‑trade ship so desires, the seamen of that ship may receive their wages in the same manner as seamen discharged from a foreign‑going ship.

47.‑(1) The master or owner of every ship shall pay to everyseaman his wages within three days after the cargo has been delivered or within five days after the seaman's discharge, which ever first happens, and the seaman shall at the time of his dis charge be entitled to be paid on account a sum equal to one fourth part of the balance due to him.

(2) If a master or owner fails without reasonable cause to make payment at that time, he shall pay to the seaman a sum not exceeding the amount of two days' pay for each of the days dur ing which payment is delayed beyond the respective times, but the sum payable shall not exceed ten days' double pay.

48.‑(1) Where a seaman is discharged and the settlement of his wages completed before a shipping‑master, he shall sign in the presence of the shipping‑master a release in a form sanctioned by the Federal Government of all claims in respect of the past voyage or engagement, and the release shall also be signed by the master or owner of the ship and attested by the shipping‑master.

(2) The release so signed and attested shall be retained by the shipping‑master and shall operate as a mutual discharge and settlement of all demands between the parties thereto in respect of the past voyage or engagement.

(3) A copy of the release, certified under the hand of the shipping‑master to be a true copy, shall be given by him to any party thereto requiring the same, and such copy shall be receiv able in evidence upon any future question touching such claims, and shall have all the effect of the original of which it purports to be a copy.

(4) Where the settlement of a seaman's wages is by this Act required to be completed through, or in the presence of, a ship ping‑master, no payment, receipt or settlement made otherwise than in accordance with this Act shall operate or be admitted as evidence of the release or satisfaction of any claim.

(5) Upon any payment being made by a master before a shipping‑master, the shipping‑master shall, if required, sign and give to the master a statement of the whole amount so paid, and this statement shall, as between the master and his employer, be admissible as evidence that the master has made the payments therein mentioned.

49.‑(1) Where any question of whatever nature and whatever the amount in dispute between a master or owner and any of his crew is raised before a shipping‑master, and both parties agree in writing to submit the same to him, the shipping‑master shall hear and decide the question so submitted and an award made by him upon the submission shall be conclusive as to the rights of parties, and any document purporting to be such submission or award shall be prima facie evidence thereof.

(2) An award made by a shipping‑master under this section may be enforced by a Magistrate in the same manner as an orderfor the payment of wages made by such Magistrate under this Act.

50.‑(1) In any proceedings under this Act before a shipping master relating to the wages, claims or discharge of a seamen, the shipping‑master may require the owner or his agent or the master or any mate or other member of the crew to produce any log books, papers, or other documents in his possession or power relating to any matter in question in the proceedings, and may require the attendance of and examine any of those persons being then at or near the place on the matter.

(2) If any person so required fails, without reasonable cause, to comply with the requisition, he shall for each offence be liable to a fine which may extend to fifty rupees.

  1. Where a seaman or apprentice has agreed with the master of a British ship for payment of his wages in British currency, the seaman or apprentice shall be entitled to demand and recover in Pakistan currency the amount due to him estimated according to the rate of exchange for the time being fixed for the ad justment of financial transactions between the Federal Govern ment and the Government of the United Kingdom.

Advance and Allotment of Wages

52.‑(1) Any agreement with the crew may contain a stipula tion for payment to a seaman, conditional on his going to sea in pursuance of the agreement, of a sum not exceeding the amount of one month's wages payable to the seaman under the agree ment.

(2) Stipulations for the allotment of a seaman's wages may be made in accordance with this Act.

(3) Save as aforesaid an agreement by or on behalf of the employer of a seaman for the payment of money to or on behalf of the seaman, conditional on his going to sea from any port in Pakistan shall be void and no money paid in satisfaction or in respect of any such agreement shall be deducted from the Seaman's wages, and a person shall not have any right of action suit or set‑off against the seaman or his assignee in respect of any money so paid or purporting to have been so paid.

53.‑(1) Any stipulation made by a seaman at the commence ment of a voyage for the allotment of any part of his wages during his absence shall be inserted in the agreement with the crew, and shall state the amounts and times of the payments to be made.

(2) A seaman may require the a stipulation be inserted in the agreement for the allotment, by means of an allotment note, ofany part (not exceeding one‑third) of his wages in favour either of a relative of the seaman or some member of his family to be named in the note.

(3) Allotment notes shall be in a form sanctioned by the Federal Government.

54.‑(1) The owner of any agent who has authorised the draw ing of an allotment note shall pay to the shipping‑master on demand the sums due under the note, and, if he fails to do so, the shipping‑master may sue for and recover the same with costs;

Provided that no such sum shall be recoverable if it is shown to the satisfaction of the Court or Magistrate trying the case that the seaman has forfeited or ceased to be entitled to the wages out of which the allotment was to have been paid; but the seaman shall be presumed to be duly earning his wages unless the contrary is shown to the satisfaction of the Court or Magistrate either by the official statement of the change in the crew caused by his absence made and signed by the master as by this Act is required, or by a certified copy of some entry in the official log‑book to the effect that he has died or left the ship. or by a credible letter from the master of the ship to the same effect, or by such other evidence, of whatever description, as the Court or Magistrate may con sider sufficient.

(2) The shipping‑master on receiving any such sum as afore said shall pay it over to the person named in that behalf in the allotment note.

(3) All such receipts and payments shall be entered in a book to be kept for the purpose, and all entries in the said book shall be authenticated by the signature of the shipping‑master or the deputy shipping‑master.

(4) The said book shall be at all reasonable times open to the inspection of the parties concerned.

RIGHTS OF SEAMEN IN RESPECT OF WAGES

  1. A seaman's right to wages and provisions shall be taken to begin either at the time at which he commences work or at the time specified in the agreement for his commencement of work or presence on board whichever first happens.

56.‑(1) A seaman shall not by any agreement forfeit his lien on the ship or be deprived of any remedy for the recovery of his wages to which in the absence of the agreement he would be entitled, and shall not by any agreement abandon his right to wages in case of the loss of the ship or abandon any tight that he may have or obtain in the nature of salvage, and every stipulation in any agreement inconsistent with any provisions of this Act shall be void.

(2) Nothing in this section shall apply to a stipulation made by the seamen belonging to any ship which according to the tetras of the agreement is to be employed on salvage service with res pect to the remuneration to be paid to them for salvage service to be rendered by that ship to any other ship.

57.‑(1) The right to wages shall not depend on the earning of freight, and every seaman and apprentice who would be entitled to demand and recover any wages if the ship in which he has served had earned freight, shall, subject to all otherrules of law and conditions applicable to the case, be entitled to demand and recover the same notwithstanding that freight has not been earned; but in all cases of wreck or loss of the ship, proof that the seaman has not exerted himself to the utmost to save the ship, cargo and stores shall bar his claim to wages.

(2) Where a seaman or apprentice who would but for death be entitled by virtue of this section to demand and recover am wages dies before the wages are paid, they shall be paid any applied in manner provided by this Act with respect to the wage of a seaman who dies during a voyage.

  1. Where the service of a seaman terminates before the date contemplated in the agreement by reason of the wreck or loss of the ship, or of his being left on shore at any place outside Pakistan under a certificate granted as provided by the Merchant Shipping Acts of his unfitness or inability to proceed on the voyage, he shall be entitled to wages up to the time of such termination but not for any longer period.

  2. A seaman or apprentice shall not be entitled to wages for any time during which he unlawfully refuses or neglects to work when required whether before or after the time fixed by the agreement for his commencement of such work nor, unless the Court hearing the case otherwise directs, for any period during which he is lawfully imprisoned for any offence committed by him.

  3. Whenever in any proceeding relating to a seaman's or apprentice's wages it is shown that a seaman or apprentice has in the course of the voyage been convicted of any offence by a competent Court and rightly punished therefor by imprisonment or otherwise, the Court hearing the case may direct any part of the wages due to the seaman or apprentice not exceeding thirty rupees to be applied to reimbursing any cost properly incurred by the master to procuring the conviction and imprison ment.

  4. If a seaman having signed an agreement is discharged otherwise than in accordance with the terms thereof before the commencement of the voyage or before one month's wages are earned without fault on his part justifying that discharge and without his consent, he shall be entitled to receive from the master or owner, in addition to any wages he may have earned, due compensation for the damage. caused to him by the discharge not exceeding one month's wages, and may recover that compensation as if it were wages duly earned.

62.‑(1) As respects wages due or accruing to a seaman or apprentice‑

(a) they shall not be subject to attachment by order of any Court ;

*(b)*an assignment or sale thereof made prior to the accru ing thereof shall not bind the person making the same ;

(c) a power‑of‑attorney or authority for the receipt thereof shall not be irrevocable ;

(d) a payment of wages to a seaman or apprentice shall be valid in law notwithstanding any previous sale or assignment of those wages or any attachment or en cumbrance thereof.

(2) The provisions of clauses (b) and (c) of sub‑section (1) shall not apply to so much of the wages of a seaman as have been or are hereafter assigned by way of contribution to any fund approved. in this behalf by the Federal Government the main purpose of which is the provision of benefits for seamen on retire ment ; and the provisions of clauses *(a)*and (d) of sub‑section (1) shall not apply to anything done or to be done for giving effect to such an assignment.

(3) Nothing in this section shall affect the provisions of this Act or any other law for the time being in force with respect to allotment notes.

Mode of' recovering Wages

  1. A seaman or apprentice or a person duly authorised on this behalf may, as soon as any wages due to him not exceeding five hundred rupees become payable, sue for the same in a sum mary manner before any Magistrate exercising jurisdiction in or near the place at which his service has terminated or at which he has been discharged, or at which any person upon whom the claim is made is or resides, and the order made by the Magistrate in the matter shall be final.

  2. A proceeding for the recovery of wages not exceeding five hundred rupees shall not be instituted by or on behalf of any seaman or apprentice in any Colonial Court of Admiralty or in any Civil Court other than the Court of Small Causes where such a Court exists, except‑

(a) where the owner of the ship is adjudged bankrupt or declared insolvent ;

(b) where the ship is under arrest or is sold by the authority of any Court ; or

(c) where a Magistrate under the authority of this Act refers a claim to the Court.

65.‑(1) The master of a ship shall, so far as the case permits, have the same rights, liens and remedies for the recovery of his wages as a seaman has under this Act or by any law or custom.

(2) If in any proceeding in any Colonial Court of Admiralty touching the claim of a master in respect of wages any right of set off or counter claim is set up, the Court may enter into and adjudicate upon all questions and settle all accounts then arising or outstanding and unsettled between the parties to the proceeding and may direct payment of any balance found to be due.

Property of Deceased Seamen

66.‑(1) If any seaman or apprentice belonging to a British ship the voyage of which is to terminate in Pakistan dies during that voyage, the master of the ship shall take charge of any money or effects belonging to the seaman or 'apprentice which are on board the ship.

(2) The taster may, if he think fit, cause any effects to be sold by auction at the mast or otherwise by public auction.

(3) The master shall enter in the official log‑bookthe follow ing particulars, namely :‑

*(a)*a statement of the amount of money and a description of the effects ;

(b) in the case of a sale, a description of each article sold and the sum received for each ; and

(c) a statement of the sum due to the deceased for wages and of the amount of deduction, if any, to be made from the wages.

(4) The said money, effects, proceeds of sale of effects, and balance of wages, are in this Act referred to as the property of the seaman or apprentice.

67.‑(1) The master shall, within forty‑eight hours after his arrival at his port of destination in Pakistan, deliver and pay the property of any deceased seaman or apprentice to the shipping‑master at that port, and shall give to such shipping master an account of the property so delivered and paid.

(2) A deduction claimed by the master in such account shall not be allowed unless verified, if an official log‑book is required to be kept, by an entry in that book, and also by such other vouchers, if any, as may be reasonably required by the shipping master.

68.‑(1) If the master fails to comply with the provisions of this Act with respect to taking charge of the property of a deceased seaman or apprentice, or to making in the official log‑bookthe proper entries relating thereto, or to the payment or delivery of the property, he shall be accountable for the property to the shipping‑master as aforesaid, and shall pay and deliver the same accordingly and shall in addition, for each offence, be liable to a fine not exceeding treble the value of the property not accounted for or, if such value is not ascertained, not exceeding five hundred rupees,

(2) The property may be recovered in the same Court and manner in which the wages of seamen may be recovered under this Act.

  1. Where any property of a deceased seaman or appren tice is paid or delivered to a shipping‑master, the shipping‑master, after deducting for expenses incurred in respect of that seaman or apprentice or of his property such sums as he thinks proper to allow, may :‑

(a) pay and deliver the residue to any claimants who can prove themselves to the satisfaction of the said ship ping‑master to be entitled thereto, and the said shipping master shall be thereby discharged from all further liability in respect of the residue so paid or delivered; or

(b) if he thinks fit so to do, require probate or letters of administration or a certificate under the Succession Certificate Act, 1889, to be taken out, and thereupon pay and deliver the residue to the legal representative of the deceased.

70.‑(1) Where no claim to the property of a deceased seaman or apprentice received by a shipping‑master is subs tantiated within one year from the receipt thereof by such ship ping‑master, the shipping‑master shall cause such property to be sold and pay the proceeds of the sale into the public treasury.

(2) If, after any money has been so paid into the public treasury, any claim is made thereto, then if the claim is estab lished to the satisfaction of the shipping‑master, the amount, or so much as shall appear to be due to the claimant, shall be paid to him, and if the claim is not so established the claimant may apply by petition to the High Court, and such Court, after taking evidence either orally or on affidavit, shall make such order on the petition as shall seem just

Provided that, after the expiration of six years from the receipt of such property by the shipping‑master, no claim to such property shall be entertained without the sanction of the Federal Government.

Distressed Seamen

71.‑(1) A certificate of the Federal Government or of such officer as the Federal Government may appoint in this behalf to the effect that any seaman named therein is distressed shall in all proceedings under the Merchant Shipping Acts regarding the maintenance and relief of distressed seamen be con clusive evidence that such seaman is distressed within the meaning of those Acts.

(2) Any master of a British ship refusing to accept such seaman as a distressed seaman under the provisions of the said Acts shall for each seaman with respect to whom he so refuses be liable to a fine which may extend to one thousand rupees.

72.‑(1) Where any wages or expenses recoverable in respect of distressed seamen under the Merchant Shipping Acts are, under the said Acts, a charge upon any ship, or recoverable from any master, owner or other person, within the jurisdiction of any Court in Pakistan, the Federal Government may, from time to time by notification in the official Gazette, authorise, either generally or specially, such persons as it thinks fit to sue for and recover, in manner in the Merchant Shipping Acts provided, those wages or expenses.

(2) Every person so authorised shall be entitled to sue and recover accordingly in any such Court, and shall be deemed to be a person filling a public office within the meaning of clause (7) of section 57 of the Evidence Act, 1872.

.

(3) All suits and proceedings under this section shall be in stituted and carried on in the name of the Federal Government.

Relief of distressed Seamen to whom the Merchant Shipping Acts do not apply.

  1. Nothing in the following provisions of this Part rela ting to distressed seamen shall apply to seamen or apprentices to whom the provisions of the Merchant Shipping Acts apply.

74.‑(1) Where any seamen or apprentices‑

(a) being citizen of Pakistan are found at any place in Pakistan and have been shipwrecked, discharged or left behind whether from any British ship or from any of His Majesty's ships or from any of the ships belonging to Government and are in distress in that place, or who have been engaged by any person acting either as principal or agent to serve in any ship belonging to any foreign power, or to the subject of any foreign State, and are in distress in Pakistan; and

(b) being other than citizen of Pakistan have been shipwrecked, discharged or left behind at any place in Pakistan from any British ship registered in Pakistan and are in distress in any such place, the local authority may in accordance with the prescribed con ditions provide for the subsistence of those seamen and appren tices (who are hereinafter referred to as distressed seamen) until such time as such authority is able to provide them with a passage as hereinafter provided.

(2) "Local authority", in relation to the provisions of this Act as to distressed seamen, means such person as the Federal Government, may, appoint to exercise the powers conferred, and to perform the duties imposed, on the local authority under this Act.

75.‑(1) Subject to the prescribed conditions the local 1 authority may cause distressed seamen to be put on board some ship belonging to any citizen of Pakistan or any subject of His Majesty which is in want of men to make up its complement and is bound‑----

(a) in the case of distressed seamen who are citizens of Pakistan, to their home or to a port in Pakistan near their home ;

(b) in the case of British distressed seamen, to any port in the United Kingdom or the British posses sion to which they belong (as the case requires) ; and

(c) in the case of distressed seamen not being citizens of Pakistan or subjects of His Majesty, to such place as the local authority, subject to the control of the Federal Government, may in each case determine.

(2) In default of any such ship, the local authority may, subject as aforesaid, provide such distressed seamen with a passage in any ship (whether British or foreign) bound as aforesaid.

  1. The local authority shall endorse on the 'agreement with the crew of any British ship on board of which any dis tressed seaman is sent the name of every person so sent on board thereof, with such particulars concerning the case as may be prescribed.

77.‑(1) The master of every British ship shall receive and afford a passage and subsistence to all distressed seamen whom he is required to take on board his ship under the provisions of section 75, not exceeding one for every fifty tons burden, and shall during the passage, provide every such seaman with a proper berth or sleeping‑place effectually protected against sea and weather.

(2) If the master of any such ship fails or refuses to receive on board his ship, or to give a passage or subsistence to, or to provide for any such seaman contrary to the provisions of sub section (1), he shall for each such seaman with respect to whom he so fails or refuses, be liable to a fine which may extend to one thousand rupees.

78.‑(1) When the master of a British ship has conveyed a distressed seaman in excess of the number (if any) wanted to make up the complement of his crew to any place in accordance with the requisition of a local authority under this Act, such master shall be entitled to be paid by the Federal Government in respect of the subsistence and passage of such distressed seaman such sum per diemas the Federal Government may fix;

Provided that no such payment shall be made except on the production of the following documents (that is to say) :‑

(a) a certificate signed by the local authority by whose direction such distressed seaman was received on board, specifying the name of such seaman and the time when he was received on board'; and

(b) a declaration in writing by such master made and veri fied in manner hereinafter provided, and stating‑

(i) the number of days during which such distressed seaman received subsistence and was provided for as aforesaid on board his ship ;

(ii) the number of men and boys forming the com plement of his crew ;

(iii) the number of seamen and, apprentices employed on board his ship during the time such distressed seaman was on board ; and

(iv) every variation (if any) of such number.

(2) The declaration required by this section shall, in the case of a ship conveying citizens of Pakistan to a port in Pa kistan, be made before a shipping‑master or such other officer as the Federal Government may appoint. In other cases such declaration shall be made and verified in the same manner as declarations made under section 48 of the Merchant Shipping Act, 1906.

  1. Where any expenses are incurred by a local authority under this Part on account of a distressed seaman either for his j subsistence, necessary clothing, conveyance home, or in case he should die before reaching home, for his burial, those ex penses (together with the wages, if any, due to the seaman) shall be a charge upon the ship, whether British or foreign, to which he belonged.

  2. All such expenses and wages shall be recoverable with costs either from the master of such ship or from the person who is owner thereof for the time being, or, in the case of an engagement for service in a foreign ship, from such master or owner, or from the person by whom such engagement was so made, in the same manner as other debts due to the Federal Government, or in the same manner and by the same form and process in which wages due to the distressed seaman would be recoverable by him.

81.‑(1) The Federal Government may, by notification in the official Gazette, authorise, either generally or specially, such persons as it thinks fit to sue for any such expenses and wages and recover the same.

(2) Every person so authorised shall be entitled to sue and recover accordingly and shall be deemed to be a person fillinga public office within the meaning of clause (7) of section 57 of the Evidence Act, 1872.

  1. When any such expenses and wages are due to or in res pect of a distressed seaman not being a citizen of Pakistan be longing to a British ship registered in Pakistan, they may, instead of being recovered by a person authorised under section 81, be recovered by the Board of Trade in manner provided by section 42 of the Merchant shipping Act, 1906, and when so recovered shall be paid by the said Board to the Federal Government.

  2. In all proceedings under this Part, whether in Pakistan or elsewhere, the production of a certificate signed by the local authority by which any distressed seaman named therein was relieved or any expenses were incurred, under this Part, to the effect that such seaman was in distress, and that such expenses were incurred in respect of such seaman, shall be sufficient evi dence that such seaman was relieved, convoyed home or buried, as the case may be, at the expense of the revenues of Pakistan.

  3. The Federal Government may make rules to deter mine under what circumstances and subject to what conditions distressed seamen maybe releived and provided with passages under this Part, and generally to carry out the provisions of this Part regarding distressed seamen.

Provisions, Health and Accommodation

85.‑(1) All British ships and all ships upon which seamen have been shipped in Pakistan shall have on board sufficient provisions and water of good quality and fit for the use of the crew on the scale specified in the agreement with the crew.

(2) If any person making an inspection under section 91 finds that the provisions or water are of bad quality and unfit for use or deficient in quantity, he shall signify it in writing to the master of the ship.

(3) If the master does not thereupon provide other, proper provisions or water in lieu of any so signified to be of bad quality and unfit for use, or does not procure the requisite quantity of any provisions or water so signified to be deficient in quantity or uses any provisions or water so signified to be of bad quality and unfit for use, he shall be liable for each offence to a fine which may extend to two hundred rupees.

(4) The person making the inspection shall enter a state ment of the result of the inspection in the official log‑book, and shall, if he is not the shipping‑master, send a report there of to the shipping master and that report shall be admissible in evidence in any legal proceeding.

(5) If the inspection was made in pursuance of a request by members of the crew and the person making the inspection certifies in the statement of the result of the inspection that there was no reasonable ground for the request, every member of the crew who made the request shall be liable to forfeit to the owner out of his wages a sum not exceeding one week's wages.

86.‑(1) In either of the following cases‑- --

(i) if during the voyage the allowance of any of the provi sions for which a seaman has by his agreement stipu lated is reduced (except in accordance with any regulations for reduction by way of punishment contained in the agreement with the crew, and also except for any time during which the seaman wilfully and without sufficient cause refuses or neglects to per form his duty or is lawfully under confinement for misconduct either on board or on shore) ; or

(ii) if it is shown that any of those provisions are or have, during the voyage been bad in quality or unfit for use the seaman shall receive by way of compensation for that reduc tion or bad quality according to the time of its continuance the following sums to be paid to him in addition to and to be reco verable as wages;

(a) if his allowance is reduced by not more than one‑third of the quantity specified in the agreement a sum not exceeding three annas in the case of a European seaman or other person shipped on the same footing as a European seaman, or one anna in the case of a lascar or native seaman ;

(b) if his allowance is reduced by more than one‑third of such quantity, six annas in the case of a European seaman or other person shipped on the same footing as a European seaman, or two annas in the case of a lascar or native seaman ;

(c) in respect of such bad quality as aforesaid, a sum not exceeding eight annas in the case of a European seaman or other person shipped on the same footing as a European seaman, or three annas in the case of a lascar or native seaman.

(2) If it is shown to the satisfaction of the Court before which the case is tried that any provisions, the allowance of which has been reduced, could not be procured or supplied in proper quantities, and that proper and equivalent substitutes were sup plied in lieu thereof, the Court shall take those circumstances into consideration and modify or refuse the compensation as the justice of the case requires.

87.‑(1) All foreign‑going British ships and all home‑trade ships of more than three hundred tons burden shall have always on board a sufficient supply of medicines and appliances suitable for diseases and accidents likely to happen on sea voyages ac cording to such scale as is from time to time issued by the Federal Government and published in the official Gazette.

(2) If any requirement in this section with respect to the provision of medicines and appliances is not complied with in the case of any ship, the owner or master of that ship shall for each offence be liable to a fine which may extend to two hundred rupees, unless he can prove, that the non‑compliance was not caused by his inattention, neglect or wilful default.

(3) This section shall not apply to ships navigating between the United Kingdom and any port in Pakistan and to which section 200 of the Merchant Shipping Act, 1894, applies.

  1. The master of a ship shall keep on board proper weights and measures for determining the quantities of the several pro visions and articles served out and shall allow the same to be used at the time of serving out the provisions and articles inthe presence of witnesses whenever any dispute arises about the quantities. If the master of a ship fails without reasonable cause to comply with this section, he shall for each offence be liable to a fine which may extend to one hundred rupees.

89.‑(1) If the master of, or a seaman or apprentice belonging to, a ship registered in Pakistan receives any hurt or injury in the service of the ship, the expense of providing the necessary surgical and medical advice and attendance and medicine, and also the expenses of the maintenance of the master, seaman or apprentice until he is cured or dies or is brought back to the port from which he was shipped or other port agreed upon, and of his conveyance to that port, and in case of death, the expense, if ‑any, of his burial, shall be defrayed by the owner of the ship withoutany deduction on that account from his wages.

(2) Where any expenses referred to in this section have been paid by the master, seaman, or apprentice himself, the same may be recovered as if they were wages duly earned, and, if any such expenses are paid or allowed out of any money forming part of the revenues of Pakistan, the amount shall be a charge upon the ship and may be recovered. with full costs of suit by the Federal Government;

90.‑(1) Every place in a British ship which is occupied by seamen or apprentices engaged under this Act and appropria ted for their use shall have for each seaman or apprentice a space of not less than twelve superficial feet and not less than seventy‑two cubic feet.

(2) In every case the place shall be below a well‑caulked and substantial deck, securely constructed, properly ventilated and properly protected from weather and sea.

(3) If any of the foregoing requirements of this section is not complied with in the case of any ship, the owner of the ship shall for each offence be liable to a fine which may extend to two hundred rupees.

(4) Every place so occupied and appropriated shall be kept free from goods and stores of any kind not being the personal property of the crew in use during the voyage.

(5) If any such place is not so kept free, the master shall for each offence be liable to a fine which may extend to one hundred rupees.

  1. A shipping‑master, deputy shipping‑master, or other officer dulyappointed in this behalf by the Federal Govern ment, at any port‑

(a) in the case of any ship upon which seamen have been shipped at that port, may at any time, and

(b) in the case of any British ship, may at any time, and, if the master or three or more of **the crew so request,**shall, enter on board the ship and inspect‑

(i) the provisions and water,

(ii) the medicines and appliances,

(iii) the weights and measures,

(iv) the accommodation for seamen,

with which the ship is required to be provided by or under this Act or the Merchant Shipping Acts.

Facilities for making Complaints

92.‑(1) If a seaman or apprentice, whilst on board ship, states to the master that he desires to make complaint to a Magistrate against the master or any of the crew, the master shall, so soon as the service of the ship will permit,

(a) ifthe ship is then at a place where there is a Magis trate, after such statement, and

(b) if the ship is not then at such place, after her first arrival at such a place, allow the complaint to go ashore or send him ashore in proper custody so that he may be enabled to make the complaint.

(2) If the master of a ship fails without reasonable cause to comply with the provisions of this section, he shall for each such offence be liable to a fine which may extend to one hundred rupees.

Protection of Seamen from Imposition

  1. Subject to the provisions of this Act, an assignment or sale of salvage payable to a seaman or apprentice made prior to the accruing thereof shall not bind the person making the same, and a power‑of‑attorney or authority for the receipt of any such salvage shall not be irrevocable.

  2. A debt exceeding in amount throe rupees incurred by any seaman after he has engaged to serve shall not be recover able until the service agreed for is concluded.

  3. If a person demands or receives from a seaman or app rentice payment in respect of his board or lodging in the house of that person for a longer period than the seaman or apprentice has actually resided or boarded therein, that person shall for each offence be liable to a fine which may extend to one hund red rupees.

96.‑(1) If a person receives or takes into his possession or under his control any money or effects or a seaman or apprentice and does not return the same or .pay the value thereof when required by the seaman or apprentice subject to such deduction as may be justly due to him from the seaman or apprentice in respect of board or lodging or otherwise or absconds therewith, he shall for each offence be liable to a fine which may extend to one hundred rupees.

(2) Any Magistrate imposing a fine under this section may direct the amount of such money or the value of the effects subject to such deduction as aforesaid, if any, or the effects themselves to be forthwith paid or delivered to the seaman or apprentice.

  1. If within twenty‑four hours after the arrival of a ship at a port in Pakistan a person then being on board the ship solicits a seaman to become a lodger at the house of any person letting lodgings for hire, or takes out of the ship any effects of a seaman except under the personal direction of the seaman and with the permission of the master, he shall for each offence be liable to a fine which may extend to fifty rupees.

  2. Where a ship is about to arrive or is arriving or has arrived at the end of the voyage and any person not being in the service of the State or not being duly authorised by law for the purpose goes on board the ship without the permission of the master before the seamen lawfully leave the ship at the end of their engagement or are discharged (whichever happens last), that person shall for each offence be liable to a fine which may extend to two hundred rupees, and the master of the ship may take him into custody and deliver him up forthwith to a police officer to be taken before a Magistrate to be dealt with according to the provisions of this Act.

Provisions as to Discipline

  1. If a master, seaman or apprentice belonging to a British ship by wilful breach of duty or by neglect of duty or by reason of drunkenness---‑

(a) does any act tending to the immediate loss, destruction or serious damage of the ship or tending immediately to endanger the life or limb by of a person belonging to or on board the ship; or

(b) refuses or omits to do any lawful act proper and re quisite to be done by him for preserving the ship from immediate loss, destruction or serious damage or for preserving any person belonging to or on board the ship from immediate danger to life or limb ;

he shall be liable for every such offence to a fine which may extend to one thousand rupees or to imprisonment for a term which may extend to two years, or to both.

  1. If a seaman lawfully engaged or an apprentice commits any of the following offences, he shall, notwithstanding any thing in the Code of Criminal Procedure, 1898, be liable to be tried in a summary manner and to be punished as follows :‑

(i) if he deserts from his ship, he shall be guilty of the offence of desertion and be liable to forfeit all or any part of the effects he leaves on board and of the wages which he has then earned and also, if the desertion takes place at any place not in Pakistan, to forfeit all or any part of the wages which he may earn in any other ship in which he may be employed until his next return to Pakistan, and to satisfy any excess of wages paid by the master or owner of the ship from which he deserts to any substitute engaged in his place at a higher rate of wages than the rate stipulated to be paid to him, and also he shall be liable to imprisonment for a term which may extend to twelve weeks ;

(ii) if he neglects or refuses without reasonable cause to join his ship or to proceed to sea in his ship or is absent without leave at any time within twenty‑four hours of the ship's sailing from a port either at the commencement or during the progress of a voyage, or is absent at any time without leave and without sufficient reason from his ship or from his duty, he shall, if the offence does not amount to desertion or is not treated as such by the master, be guilty of the offence of absence without leave and be liable to for feit out of his wages a sum not exceeding two days' pay and in addition for every twenty‑four hours of absence either a sum not exceeding six days' pay, or any expenses properly incurred in hiring a substitute, and also he shall be liable to imprisonment for a term which may extend to ten weeks.

101.‑(1) If a seaman or apprentice is guilty of the offence of desertion or of absence without leave or otherwise absents himself from his ship without leave, the master, any mate, the owner, ship's husband or consignee of the ship may, with or without the assistance of police officers, convey him on board his ship, and those officers are hereby directed to give assist ance if required.

(2) If the seaman or apprentice so requires, he shall first be taken before some Court capable of taking cognizance of the matter to be dealt with according to law.

(3) If it appears to the Court before whom the case is brought that the seaman or apprentice has been conveyed on board or taken before the Court on improper or insufficient grounds, that Court may inflict on the master, mate, owner, ship's husband or consignee, as the case may be, a fine which may extend to two hundred rupees.

(4) The infliction of such fine shall be a bar to any action for false imprisonment in respect of the arrest.

(5) If a seaman or apprentice is imprisoned for having been guilty of the offence of desertion or of absence without leave, or for having committed any other breach of discipline, and during his imprisonment and before his engagement is at an end his services are required on board his ship, any Magistrate may, on the application of the master or of the owner or his agent, notwithstanding that the period of his imprisonment is not at an end, cause the seaman or apprentice to be conveyed on board his ship for the purpose of proceeding on the voyage, or to be delivered to the master or any mate of the ship, or to the owner or his agent, to be by them so conveyed.

  1. Where a seaman or apprentice is brought before a Court on theground of the offence o desertion or of absence without leave or of otherwise absenting himself without leave, the Court, if the master or the owner, or his agent, so requires, may, in lieu of committing him to prison, cause him to be conveyed on board his ship for the purpose of proceeding on the voyage, or deliver him to the master or any mate of the ship or the owner or his agent, to be by them so conveyed, and may in such case order any costs and expenses properly incurred by or on behalf of the master or owner by reason of the conveyance to be paid by the offender and, if necessary, to be deducted from any wages which he has then earned or by virtue of his then exist ing engagement may afterwards be earned.

  2. If a seaman lawfully engaged or an apprentice commits any of the following offences (in this Act referred to as offences against discipline), he shall, notwithstanding, anything in the Code of Criminal Procedure, 1898, be liable to be tried in a summary way and to be punished as follows, namely :‑-----

(i) if he quits the ship without leave after her arrival at her port of delivery and before she is placed in security, he shall be liable to forfeit out of his wages a sum not exceeding one month's pay ;

(ii) if he is guilty of wilful disobedience to any lawful command, he shall be liable to imprisonment for a period which may extend to four weeks and shall also be liable to forfeit out of his wages a sum not exceed ing two days' pay ;

(iii) if he is guilty of continued wilful disobedience to law full commands or continued wilful neglect of duty, he shall be liable to imprisonment for a term which may extend to twelve weeks, and shall also be liable for every twenty‑four hours' continuance of such disobedience or neglect for a sum not exceeding six days' pay or any expenses which may have been properly incurred in hiring a substitute ;

(iv) if he assaults the master or any mate or a certificated engineer of the ship, he shall be liable to imprisonment for a term which may extend to twelve weeks ;

(v) if he combines with any of the crew to disobey lawful commands or to neglect duty or to impede the navi gation of the ship or the progress of the voyage, he shall be liable to imprisonment for a term which may extend to twelve weeks ;

(vi) if he wilfully damages his ship or commits criminal misappropriation or breach of trust in respect of or wilfully damages any of her stores or cargo, he shall be liable to forfeit out of his wages a sum equal to the loss thereby sustained, and also to imprisonment for a term which may extend to twelve weeks ;

(vii) if he is convicted of any act of smuggling whereby loss or damage is occasioned to the master or owner of the ship, he shall be liable to pay to that master or owner a sum sufficient to re‑imburse the loss or damage, and the whole or a proportionate part of his wages may be retained in satisfaction on account of that liability without prejudice to any further remedy.

104.‑(1) If a seaman on or before being engaged wilfully and fraudulently makes a false statement of the name of his last ship or alleged last ship or wilfully and fraudulently makes a false statement of his own name, he shall for each offence be liable to a fine which may extend to fifty rupees.

(2) The fine may be deducted from any wages the seaman may earn by virtue of his engagement as aforesaid and shall, subject to re‑imbursement of the loss or expenses, if any, occasioned by any desertion previous to the engagement, be paid and applied in the same manner as other fines under this Act.

  1. If any offence within the meaning of this Act of desertion or absence without leave or against discipline is com mitted, or if any act of misconduct is committed for which the offender's agreement imposes a fine and it is intended to enforce the fine,‑

(i) an entry of the offence or act shall be made in the official log‑book and signed by the master and also by the mate or one of the crew ; and

(ii) the offender, if still in the ship, shall, before the next subsequent arrival of the ship at any port, or, if she is at the time in port, before her departure therefrom, either be furnished with a copy of the entry or have the same read over distinctly and audibly to him and may thereupon make such reply thereto as he thinks fit; and

(iii) a statement of a copy of the entry having been so furnished or the entry having been so read over and in either case the reply, if any, made by the offender shall likewise be entered and signed in manner aforesaid ; and

(iv) in any subsequent legal proceedings the entries by this section required shall, if practicable, be produced or proved, and, in default of that production or proof, the Court hearing the case may, in its discretion, refuse to receive evidence of the offence or act of misconduct.

106.‑(1) Whenever any seaman or apprentice not shipped in Pakistan deserts or otherwise absents himself in t Pakistan without leave from a British ship in which he is engaged to serve, the master of the ship shall, within forty‑eight hours of dis covering such desertion or absence, report the same to the ship ping‑master or to such other officer as the Federal Govern ment appoints in this behalf, unless in the meantime, the deserter or absentee returns.

(2) Any master wilfully neglecting to comply with the pro visions of this section shall be liable to a fine which may extend to one hundred rupees, or to imprisonment for a term which may extend to one month, or to both.

107.‑(1) In every case of desertion from a ship registered in Pakistan whilst such ship is at any place outside Pakistan], the master shall produce the entry of the desertion in the official log‑book to the person authorised by the Merchant Shipping Act, 1906, to grant certificates for leaving seamen behind abroad ; and that person shall thereupon make and certify a copy of the entry.

(2) The master shall forthwith transfer such copy to the shipping‑master at the port at which the seaman or apprentice was shipped, and the shipping‑ master shall, if required, cause the same to be produced in any legal proceeding.

(3) Such copy, if purporting to be so made and certified as aforesaid shall, in any legal proceeding relating to such desertion, be admissible in evidence.

108.‑(1) Whenever a question arises whether the wages of any seaman or apprentice are forfeited for desertion from a ship, it shall be sufficient for the person insisting on the for feiture to show that the seaman or apprentice was duly engaged in or belonged to the ship, and either that he left the ship before the completion of the voyage or engagement or, if the voyage was to terminate in Pakistan and the ship has not returned, that lie is absent from her and that an entry of his desertion has been duly made in the official log‑book .

(2) The desertion shall thereupon, so far as relates to any forfeiture of wages under this Part, be deemed to be proved unless the seaman or apprentice can produce a proper certificate of discharge or can otherwise show to the satisfaction of the Court that he had sufficient reasons for leaving his ship.

109.‑(1) Where any wages or effects are under this Act forfeited for desertion from a ship, they shall be applied towards re‑imbursing the expenses caused by the desertion to the master or the owner of the ship and, subject to that re‑imbursement shall be paid into the public treasury and carried to the account of the Federal Government .

(2) For the purposes of such re‑imbursement the master or the owner or his agent may, if the wages are earned subsequent to the desertion, recover them in the same manner as the deserter could have recovered them if not forfeited ; and the Court in any legal proceeding relating to such wages may order them to be paid accordingly.

(3) Where wages are forfeited under the foregoing provisions of this Act in any case other than for desertion, the forfeiture shall, in the absence of any specific provision to the contrary, be for the benefit of the master or owner by whom the wages are payable.

  1. Any question concerning the forfeiture of or deduc tions from the wages of a seaman or apprentice may be deter mined in any proceeding lawfully instituted with respect to those wages notwithstanding that the offence in respect of which the question arises, though by this Act made punishable by imprisonment as well as forfeiture, has not been made the subject of any criminal proceeding.

111.‑(1) If a seaman contracts for wages by the voyage or by the run or by the share and not by the month or other stated period of time, the amount of forfeiture to be incurred under this Act shall be an amount bearing the same proportion to the whole wages or share as a month or any other period herein before mentioned in fixing the amount of forfeiture (as the case may be) bears to the whole time spent in the voyage or run.

(2) If the whole time spent in the voyage. or run does not exceed the period for which the pay is to be forfeited, the for feiture shall extend to the whole wages or share.

112.‑(1) Every fine imposed on a seaman for any act of misconduct for which his agreement imposes a fine shall be deducted and paid over as follows, namely :‑

(i) if the offender is discharged at any port or place in t[Pakistan], and the offence and such entries in respect thereof as aforesaid are proved, in the case of a foreign‑going ship to the satisfaction of the shipping master before whom the offender is discharged, and in the case of a home‑trade ship to the satisfaction of the shipping‑master at or nearest to the place at which the crew is discharged, the master or owner shall deduct such fine from the wages of the offender and pay the same over to such shipping‑master ; and

(ii) if before the final discharge of the crew in 'Pakistan, any such offender as aforesaid enters into any of His Majesty's ships or ships belonging to Government is discharged at any place not in Pakistan, and the offence and such entries as aforesaid are proved to the satisfaction of the officer in command of the ship into which he so enters or of the consular officer, officer of Customs, or other person by whose sanction he is so discharged, the fine shall thereupon be deducted as aforesaid, and an entry of such deduction shall then be made in the official log‑book (if any) and signed by such officer or other person, and on the return of the ship to Pakistan, the master or owner shall pay over such fine iii the case of foreign‑going ships to the shipping‑master before whom, the crew is discharged, and in the case of home‑trade ships to the shipping master at or nearest to. the place at which, the crew is discharged.

(2) If any master or owner neglects, ptrefuses so to pay over the fine, he shall for each such offence incur a penalty not exceeding six times the amount of the fine retained by him. , a

(3) An act of misconduct for which any such fine has been inflicted and paid shall not be otherwise punished under the provisions of this Act:

  1. If a person by any means whatever persuades or attempts to persuade a seaman or apprentice to neglect or refuse to join or proceed to sea in or desert from his ship, or otherwise to absent himself from his duty, he shall for each offence in respect of each seaman or apprentice be liable to a fine which may extend to one hundred rupees.

  2. If a person wilfully harbours or secretes a seaman or apprentice who has wilfully neglected or refused to join or has deserted from his ship, knowing or having reason to believe the seaman or apprentice to have so done, he shall for every seaman or apprentice so harboured or secreted be liable to a fine which may extend to one hundred rupees.

115.‑(1) If a person secretes himsehf and goes to sea in a ship without the consent of either the owner, consignee or master, or of a mate, or of the person in charge of the ship or of any other person 'entitled to give that' 'consent, he shall be liable to a fine which may extend to two hundred rupees, or to imprisonment for a term which may extend to four weeks.

(2) Every sea‑faring person whom the master of a ship is under the authority of this Act or any other ,law compelled to take on board and convey, and every person who goes to sea in a ship without such consent as aforesaid, shall, so long as he remains in the ship, be subject to the same laws and regulations for preserving discipline and to the same fines and punishments for offences constituting or tending to a breach of discipline as if he were a member of, and had signed the agreement with, the crew.

116.‑(1) If any seaman or

P akistan is imprisoned on complaint made by or on behalf of the master or owner of the ship or for any offence for which he has been sentenced to imprisonment for a term not exceeding one month, then-----

(a) white such imprisonment lasts, no person shall, without the previous sanction in writing of the Federal Government or of such officer as it may appoint in this behalf, engage any citizen of Pakistan to serve as a seaman on board such ship ; and

(b) the Federal Government or such officer as it may appoint in this behalf may tender such seaman or apprentice to the master or owner of the ship in which he is engaged to serve, and if such master or owner, without assigning reasons satisfactory to the Federal Government or to such officer as aforesaid, refuses to receive him on board, may require such master or : owner to deposit in the local shipping office‑------

(i) the wages due to such seaman or apprentice and his money and effects ; and

(ii) such sum as may, in the opinion of the Federal Government or such officer as aforesaid, be sufficient to defray the cost of the passage of such seaman or apprentice to the port at which he was shipped according to the scale of costs usual in the case of distressed seamen.

(2) If any person wilfully disobeys the prohibition contained in clause (a) of sub-section (1), he shall be liable to imprisonment for a term which may extend to three months, or to a fine which may extend to one thousand rupees, or to both.

(3) Any master or owner refusing or neglecting to deposit any wages, money, effects or sum when so required by this section shall be liable to a fine which may extend to five hundred rupees.

  1. If any seaman or apprentice who is not shipped in Pakistan is imprisoned for any offence for which he has been sentenced to imprisonment for a term not exceeding one month, and if during such imprisonment and before his engagement is at an end his services are required on board his ship, any Magis trate may, at the request of the master or owner or his agent, cause the seaman or apprentice to be conveyed on board the ship for the purpose of proceeding on the voyage or to be delivered to the master or any mate of the ship or to the owner or his agent to be by them so conveyed, notwithstanding that the period for which he was sentenced to imprisonment has not terminated.

118.‑‑(1) If during the progress of a voyage the master of any ship registered in Pakistan is removed or superseded or for any other reason quits the ship and is succeeded in the com mand by some other person, he shall deliver to his successor the various documents relating to the navigation of the ship and the crew thereof which are in his custody, and shall in default be liable to a fine which may extend to one thousand rupees.

(2) Such successor shall immediately on assuming the com mand of the ship enter in the official log‑book a list of the docu ments so delivered to him.

Leaving Seamen or Apprentices in Pakistan

119.‑‑(I) No seaman or apprentice who was not shipped in Pakistan shall be discharged at any port in Pakistan without the previous sanction in writing of such officer as the Federal Government appoints in this behalf. Such sanction shall be given or withheld at the discretion of the officer so appointed, but, whenever it is withheld, the reasons for so withholding it shall be recorded by him in writing.

(2) If any person discharges a seaman or apprentice in wilful disobedience to the prohibition contained in sub‑section (1), he shall be liable to imprisonment for a term which may extend to three months, or to a fine which may extend to one thou sand rupees, or to both.


Official Logs

120.‑(1) An official log shall be kept in every ship registered in Pakistan except home‑trade ships not exceeding three hundred tons burden in the form sanctioned by the Federal Government.

(2) The official log may, at the discretion of the master or owner, be kept distinct from or united with the ordinary ship's log so that in all cases the spaces in the official log‑book be duly filled up.

(3) An entry required by this Act in the official log‑book shall be made as soon as possible after the occurrence to which it relates, and, if not made on the same day as that occurrence, shall be made and dated so as to show the date of the occurrence and of the entry respecting it; and if made in respect of an occur rence happening before the arrival of the ship at her final port of discharge, shall not be made more than twenty‑four hours after that arrival.

(4) Every entry in the official log‑book shall be signed by the master and by the mate or some other of the crew and also‑

(a) if it is an entry of injury or death, shall be signed by the Surgeon or medical practitioner on board, if any ; and

(b) if it is an entry of wages due to or of the sale of the effects of a seaman or apprentice who dies, shall be signed by the mate and by some member of the crew besides the master ; and

(c) if it is an entry of wages due to a seaman who enters His Majesty's naval service or the naval service of Pakistan, shall be signed by the seaman or by the officer authorised to receive the seaman into that service.

(5) Every entry made in an official log‑book in the manner provided by this Act shall be admissible in evidence.

  1. The master of a ship for which an official log is re quired shall enter or cause to be entered in the official log‑book the following matters, namely:

(i) every conviction by a legal tribunal of a member of his crew, and the punishment inflicted ;

(ii) every offence committed by a member of his crew for which it is intended to prosecute or to enforce a forfeiture or exact a fine together with such statement concerning the reading over of that entry, and con cerning the reply (if any) made to the charge as is by this Act required ;

(iii) every offence for which punishment is inflicted on board and the punishment inflicted ;

(iv) a statement of the conduct, character, and qualifications of each of his crew, or a statement that he declines to give an opinion on those particulars ;

(v) every case of illness or injury happening to a member of the crew with the nature thereof, and the medical treatment adopted (if any).

(vi) every case of death happening on board and the cause thereof ;

(vii) every birth happening on board with the sex of the infant and the names of the parents ;

(viii) every marriage taking place on board With the names and ages of the parties ;

(ix) the name of every seaman or apprentice who ceases to be a member of the crew otherwise than by death, with the place, time, manner and cause thereof ;

(x) the wages due to any seaman who enters His Majesty's naval service or the naval service of Pakistan during the voyage ;

(xi) the wages due to any seaman or apprentice who dies during the voyage and the gross amount of all deduc tions to be made therefrom ;

(xii) the sale of the effects of any seaman or apprentice who dies during the voyage, including a statement of each article sold arid of the sum received for it ;

(xiii) every collision with any other ship and the circum stances under which the same occurred ;

(xiv) the times of closing and opening the hinged doors, portable plates, side scuttles, gangway cargo and coaling ports and other openings which are required by any rules made under this Act to be kept close during navigation ;

(xv) a record of all drills and inspections required by any rules made under this Act with an explicit record of any defects disclosed ; and, if boat‑drill is not practised on board the ship in any week, the reasons why boat -drill was not practised in that week.

122.‑(1) If an official log‑book is not kept in the manner required by this Act, or if an entry directed by this Act to be made therein is not made at the time and in the manner directed by this Act, the master shall, if no other penalty is provided by this Act, be liable for each offence to a fine which may extend to fifty rupees.

(2) If any person makes or procures to be made or assists in making any entry in any official log‑book in respect of any oc currence happening previously to the arrival of the ship at her final port of discharge more than twenty‑four hours after such arrival, he shall for each offence be liable to a fine which may extend to three hundred rupees.

(3) If any person wilfully destroys or mutilates or renders illegible any entry in any official log‑book or wilfully makes or procures to be made or assists in making a false or fraudulent entry in or omission from an official log‑book, he shall be liable to imprisonment for a term which may extend to one year.

123.‑(1) The master of every foreign‑going ship shall, with in forty‑eight hours after the ship's arrival at her final port of destination in Pakistan or upon the discharge of the crew, whichever first happens, deliver the official log‑book of the voyage to the shipping‑master before whom the crew is dis charged.

(2) The master or owner of every home‑trade ship, for which an official log is required to be kept, shall, within twenty‑one days of the thirtieth day of June and the thirty‑first day of December in every year, transmit or deliver to some shipping master in Pakistan the official log‑book for the preceding half‑year.

(3) If the master or owner of a ship fails without reasonable cause to comply with this section, he shall be liable to a fine which may extend to two hundred rupees.

124.‑(1) Where, by reason of transfer of ownership or change of employment of a ship, the official log ceases to be required in respect of the ship or to be required on the same date, the master or owner of the ship shall, if the ship is then in Pakistan, within one month, and, if she is elsewhere, within six months, after the cessation, deliver or transmit to the ship ping‑master at the port to which the ship belonged the official log book, if any, duly made out at the time of the cessation.

(2) If a ship is lost or abandoned, the master or owner thereof shall, if practicable, and as soon as possible, deliver or transmit to the shipping‑master at the port to which the ship belonged the official log‑book, if any, duly made out to the time of the loss or abandonment.

(3) If the master or owner of the ship fails without reasonable cause to comply with the provisions of this section, he shall for each offence be liable to fine which may extend to one hundred rupees.

PART III PASSENGER SHIPS

Survey of Passenger Ship

125.‑‑(1) No steam‑ship shall carry more than twelve passengers between places in Pakistan or to or from any place "in Pakistan from or to any place outside Pakistan, unless she has a certificate of survey under this Part in force and appli cable to the voyage on which she is about to proceed or the service on which she is about to be employed.

(2) Nothing in sub‑section (1) shall apply to----

(a) any steam‑ship having a certificate of survey granted by the Board of Trade, or by the Government of Pakistan or of any part of His Majesty's dominions where such certificate has been declared under section. 284 of the Merchant Shipping Act, 1894, to be of the same force as if granted under that Act, unless it appears from the certificate that it is inapplicable to the voyage on which the steam‑ship is about to proceed or the service on which she is about to be employed, or unless there is reason to believe that the steam‑ship has, since the grant of the certi ficate, sustained injury or damage or been found un-seaworthy or otherwise inefficient ; or

(b) any steam‑ship having a certificate of survey granted under the Inland Mechanically Propelled Vessels Act, in force and applicable to the voyage on which the steam‑ship is about to proceed or the service on which she is about to be employed ; or

(c) any steam‑ship carrying passengers during the interval between the time at which her certificate of survey under this Part expires and the time at which it is first practicable to have the certificate renewed.

  1. The Federal Government may, by notification in the official Gazette, declare that all or any of the provisions of this Part relating to the survey of steam‑ships shall not apply in the case of any specified steam‑ship or class of steam‑ships, or shall apply thereto with such modifications as the Federal Government may direct.

  2. No officer of Customs shall grant a port‑clearance, nor shall any pilot be assigned, to any steam‑ship for which a certificate of survey is required by this Part until after the pro duction by the owner or master thereof of a certificate under this Part in force and applicable to the voyage on which she is about to proceed and the service on which she is about to be employed.

  3. If any steam‑ship for which a certificate of survey is required by this Part leaves or attempts to leave any port of survey without a certificate, any officer of Customs or any pilot on board the steam‑ship may detain her until she obtains a certificate.

  4. The Federal Government may appoint so many persons as it thinks fit to be surveyors for the purposes of this Part at such ports in Pakistan as it may appoint to be ports of survey.------

130.‑(1) For the purposes of a survey under this Part, any surveyor appointed under this part may, at any reasonable time, go on board a steam‑ship, and may inspect the steam‑ship and any part thereof, and the machinery, equipments or articles on board thereof;

Provided that he does not unnecessarily hinder the loading or unloading of the steam‑ship, or unnecessarily detain or delay her from proceeding on any voyage.

(2) The owner, master and officers ofthe steam‑ship shall afford to the surveyor all reasonable facilities for a survey, and all such information respecting the steam‑ship and her machinery and equipments, or any part thereof, respectively, as he reasonably requires.

  1. Before a survey under this Part is commenced, the owner or master of the steam‑ship to be surveyed ;.hall pay to such officer as the Federal Government may appoint in this behalf-----‑

(a) a fee calculated on the tonnage of the steam‑ship according to the rates in Schedule II or according to any other prescribed rates ; and

(b) such additional fee, in respect of the expense (if any) of the journey of the surveyor to the port, as the Federal Government may, by notification in the official Gazette, direct.

  1. A survey under this Part shall ordinarily be made by one survey or but two surveyors may be employed if a the Federal Government , by order in writing, so directs, either generally in the case of all steam‑ships at any port of survey, or specially in the case of any particular steam‑ship or class of steam‑ships at any such port.

  2. When a survey is made under this Part by two surveyors, each of the surveyors making the survey shall perform a prescribed portion of the duties assigned by this part or the rules made there under to a surveyor making a survey.

  3. When a survey under this Part is completed, the surveyor making it shall forthwith, if satisfied that he can with propriety do so, give to the owner or master of the steam‑ship surveyed a declaration of survey in the prescribed form containing the following particulars, namely

(a) that the hull and machinery of the steam‑ship are sufficient for the service intended and in good condi tion ;

(b) that the equipments (including life‑saving appliances and radio installation) of the steam‑ship and the certificates of the master, mate or mates, and engineer or engineers or engine‑driver and of the radio operators and watchers, are such and in such condition as are required by any law for the time being in force and applicable to the steam‑ship ;

(c) the time (if less than one year) for which the hull, machinery and equipments of the steam‑ship will be sufficient ;

(d) the voyages or class of voyages on which, as regards construction, machinery and equipments, the steam ship is in the surveyor's judgment fit to ply ;

(e) the number of passengers which the steam‑ship is, in the judgment of the surveyor, fit to carry, distin guishing, if necessary, between the respective numbers to be carried on the deck and in the cabins and in different parts of the deck and cabins ; the number to be subject to such conditions and variations, according to the time of year, the nature of the voyage, the cargo carried or other circumstances as the case requires; and

(f) any other prescribed particulars.

135.‑(1) The owner or master to whom a declaration of survey is given shall, within fourteen days after the date of the receipt thereof, send the declaration to such officer as the Federal Government may appoint in this behalf.

(2) If he fails to do so, he shall forfeit a sum not exceeding five rupees for every day during which the sending of the decla ration is delayed.

(3) The owner or master shall pay any sum so forfeited on the delivery of the certificate of survey.

136.‑(1) Upon receipt of a declaration of survey, the Federal Government shall, if satisfied that the provisions of this Part have been complied with, cause a certificate, in duplicate, to be prepared and delivered, through such officer at the port at which the steam ship was surveyed as the Federal Government may appoint in this behalf, to the owner or master of the steam ship surveyed, on his applying and paying the sums (if any) mentioned in this Part as payable on delivery or a certificate.

(2) A certificate granted under this section shall be in the prescribed form; shall contain a statement to the effect that the provisions of this Part with respect to the survey of the steam‑ship and the transmission of the declaration of survey in respect thereof have been complied with ; and shall set forth‑-----

(a) the particulars concerning the steam‑ship which clauses (c), (d) and (e) of section 134 require the declaration by the surveyor to contain ; and

(b) any other prescribed particulars.

(3) When a certificate is ready for delivery under this section, the Federal Government shall cause notice thereof .to be given by post or otherwise to the owner or master of the steam‑ship to which the certificate relates.

(4) The Federal Government may delegate to any per son‑-----

(a) the function, assigned to the Federal Government by sub‑section (1), of granting a certificate of survey under that sub‑section ;

(b) the function, assigned to the Federal Government by sub‑section (3), of causing notice to be given of a certificate of survey being ready for delivery;

Provided, with respect to clause (a) of this sub‑section, that no delegation of the function mentioned in that clause shall be construed to authorise the grant of a certificate of survey by the surveyor who gave the declaration of survey.

137.‑(1) If the surveyor or surveyors making a survey under this Act refuses or refuse to give a declaration of survey under section 134 with regard to any steam‑ship, or gives or give a dec laration with which the owner or master of the steam‑ship surveyed is dissatisfied, the Federal Government may, on the application of the owner or master, and the payment by him of such fee, not exceeding twice the amount of the fee for the previous survey, as the Federal Government may require, direct two other surveyors appointed under this Part to survey the steam‑ship.

(2) The surveyors so directed shall forthwith survey the steam‑ship, and may, after the survey, either refuse to give a declaration or give such declaration as under the circumstances seems to them proper, and their decision shall be final.

138.‑A certificateof survey granted under this Part shall not be in force‑‑-----

(a) after the expiration of one year from the date thereof ; or

(b) after the expiration of the period, if less than one year, for which the hull, boilers, engines or any of the equip ments, have been stated in the certificate to be ***suffi***cient ; or

(c) after notice has been given, by the Federal Govern ment to the owner or master of the steam‑ship to which the certificate relates that the Federal Govern ment has cancelled or suspended it.

  1. Any certificate of survey granted under this Part may ` be cancelled or suspended by the Federal Government if it has reason to believe‑

(a) that the declaration by the surveyor of the sufficiency and good condition of the hull, boilers, engines or any of the equipments of the steam‑ship has been fraudulently or erroneously made ; or

(b) that the certificate has otherwise been issued upon false or erroneous information ;

140.‑(1) The Federal Government may require any certificate of survey granted under this Part which has expired, or has been cancelled or suspended, to be delivered up to such person as it directs.

(2) If the owner or master of a steam‑ship, without reasonable cause, neglects or refuses to deliver up a certificate when required to do so under this section, he shall be liable to a fine which may extend to one hundred rupees.

  1. Report of cancellation or suspension of certain certi ficates.---- Rep. by the Indian Merchant Shipping (Amdt.) Act, 1928 (Vi of 1928), s. 6 and Sch.

142.‑(1) The owner or master of every steam‑ship for which a certificate of survey has been granted under this Part shall forthwith, on the receipt of the certificate, cause one of the duplicates, thereof to be affixed, and kept axed so long as the certificate remains in force and the steam‑ship is in use, on some conspicuous part of the steam‑ship where it may be easily read by all persons on board thereof.

(2) If the certificate is not so kept axed, the owner and master of the steam‑ship shall each be liable to a fine which may extend to one hundred rupees.

  1. If a steam‑ship on any voyage carries or attempts to carry passengers in contravention of section 125, or has on board or in any part thereof a number of passengers which is greater than the number set forth in the certificate of survey as the number of passengers which the steam‑ship or the part thereof is fit to carry on that voyage, the owner and the master shall each be punishable with a fine which may extend to one thousand rupees, and also with an additional fine not exceeding twenty rupees for every passenger above the number so set forth, or, if the fare of any passenger on board exceeds twenty rupees, not exceeding double the amount of the fares of all the passengers above the number so set forth, reckoned at the highest rate of fare payable by any passenger on board ; and if the master or any other officer of any steam‑ship which carries or attempts to carry passengers in contravention of section 125 is a licensed pilot, he shall be liable to have this licence as a pilot suspended or cancelled for any period. by the Federal Government.

144.‑(1) When a steam‑ship requires to be furnished with a certificate of survey under this Part and the Federal Govern ment is satisfied, by the production of a certificate of survey, that the ship has been officially surveyed at a foreign port, and that the requirements of this Act are proved by that survey to have been substantially complied with, the Federal Government may, if itthinks fit, dispense with any further survey of the ship in respect of the requirements so complied with, and give a certificate which shall have the same effect as a certificate given after survey under this Part;

Provided that this sub‑section shall not apply in the case of a foreign steam‑ship to an official survey at any foreign port with respect to which His Majesty has by Order in Council directed that section 363 of the Merchant Shipping Act, 1894, shall not apply or the Federal Government has by notification in the official Gazette directed that this sub‑section shall not apply.

(2) When the Federal Government has, by notification in the official Gazette, declared that it is satisfied that an official survey at any foreign port specified in the declaration is such as to prove that the requirements of this Act have been substantially complied with, any person appointed by the Federal Government in this behalf may exercise the power to dispense with a survey and to give a certificate conferred on the Federal Government by sub‑section (1) in the case of any steam ship furnished with a valid certificate of survey granted at such foreign port*.*

(3) The procedure prescribed in sub‑section (1) shall be applicable in the case of steam‑ship furnished with valid certi ficates of partial survey, including docking certificates, granted by the Board of Trade or any British Colonial Government, as if they were steam‑ships furnished with like certificates of survey granted at foreign ports, subject to the modification that the powers of the Federal Government under the said sub section may be exercised by any person appointed by the Fed eral Government in this behalf.

145.‑(1) the Federal Government may, subject to the condition of previous publication*, make*rules s to regu late the making of surveys under this Part.

(2) In particular and without prejudice to the generality o: the foregoing power, such rules may‑

(a) declare the times and places at which and the manner in which, surveys are to be made ;

(aa) declare the requirements as to construction, machi nery, equipments (including life‑saving appliances and radio installation) and marking of subdivision load lines, which are to be fulfilled before a dec laration of survey may be granted ;

(b) regulate the duties of the surveyor and taking a survey and, where two surveyors are employed, assign the respective duties of each of the surveyors employed ;

(c) declare the‑form in which the declarations of surveyors and certificates of survey under this Part are to be framed, and the nature of the particulars which are to be stated therein, respectively ;

(d) fix the rates according to which the fees payable in respect of surveys are to be calculated in the case of all or any of the ports of survey.

Provisions in case of Wreck of Ship carrying Steerage Passen gers.

146. Application of certain sections of Merchant Shipping Act, 1894, in case of wreck of ship carrying steerage passengers on certain voyages.] Rep. by the Repealing and Amending Act, 1937 (XX of 1937), s.3 and Schedule ll.

PART IV UN-BERTHED PASSENGER SHIPS] AND PILGRIM SHIPS

147.‑(1) This Part applies‑

(a) to all subjects of His Majesty and citizens of Pakistanwithin any Acceding State;

(b) to all citizens of Pakistan without and beyond Pakistan.

(2) But the provisions of this Part relating to un-berthed passenger ships do not apply‑

(a) to any steam‑ship not carrying more than sixty , un berthed passengers ;

(b) to any ship not intended to carry unberthed passengers to or from any port in Pakistan; or

(c) to any ships to which the provisions of the Inland, Mechanically Propelled Vessels Act, are applicable.

(3) Notwithstanding anything in sub‑sections (1) and (2), the Federal Government may, declare all or any of the provisions of this Part relating to unberthed passenger ships to apply to sailing‑ships, or any class of sailing‑ships, carrying more than fifteen unberthed passengers, and to steam‑ships, or any class of steam‑ships, carrying more than thirty such passengers.

148.‑(1) The Federal Government may subject to such condition as it thinks fit, exempt any ship or class of ships from any provision of this Part relating to unberthed passenger ships.

(2) In imposing a condition under this section the Federal Government may direct that a breach of it shall be punishable with fine which may extend to two hundred rupees, and, when the breach is a continuing breach, with a further fine which may extend to twenty rupees for every day after the first during which the breach continues.

  1. In this Part, unless there is anything repugnant in the subject or context,‑

(1) "unberthed passenger" means a passenger as defined in clause (6) of section 2 for whom no separate accom modation in any cabin, state‑room or saloon is re served ; and in the computation of passengers for any of the purposes of this Part, two persons of the age of one year or upwards and under the age of 12 years shall be reckoned as one unberthed passenger ;

(2) "unberthed passenger ship" means, save as other wise provided in this Part, a ship carrying more than thirty unberthed passengers;

(3) "pilgrim" means a Muslim passenger irres pective of age going to, or returning from, the Hedjaz.

***Explanation***L‑A 4[Muslim] passenger who has embarked with the intention of going to the Hedjaz, but is return ing without having actually landed there, shall be deemed to be a pilgrim for the purposes of this Act ;

***Explanation***H.‑Every passenger, whether a pilgrim or not, on board a pilgrim ship shall be deemed to be a pilgrim for the purposes of this Part ;

(4) "pilgrim ship" means a ship conveying or about to convey pilgrims from or to any port in Pakistan to or from any port in the Red Sea other than Suez;

Provided that no ship carrying passengers other than pilgrims of the lowest class and having on board pilgrims of the lowest class in a less proportion than one pilgrim for every one hundred tons of the gross tonnage of the ship shall be deemed to be a pilgrims ship within the meaning of this Act.

Explanation.‑"Apilgrim of the lowest class " is a pilgrim for whom no separate accommodation in any cabin, state‑room or saloon is reserved ;

(5) " voyage " means the whole distance between the ship's port or place of departure and her final port or place of arrival

(6) " Chief Customs‑Officer " means the chief executive officer of sea‑customs in any, port or place to which this Part applies.

PART IV UN-BERTHED PASSENGER SHIPS AND PILGRIM SHIPS

General Provisions as to Un-berthed Passenger and Pilgrim Ships

150.=(1) An unberthed passenger ship shall not, nor shall a pilgrim ship, depart or proceed from, or discharge un berthed passengers or pilgrims, as the case may be, at any port or place within Pakistan other than a port or place. appointed in this behalf by the Federal Government for unberthed passenger ships or pilgrim ships, as the case may be.

(2) After a ship has departed of proceeded on a voyage from a port or 'place so appointed; a person shall 'not be received on board as an unberthed passenger or pilgrim, as the cage may be, except at some other port or place so appointed:

151.‑(1) The master, owner or agent of an unberthed passenger or pilgrim ship so departing or' proceeding shall give notice to an officer, appointed in this behalf by the Federal Government, that. the ship is to carry unberthed passengers or pilgrims and of her destination and of the proposed time of sailing.

(2) The notice shall be given‑-------

*(a)*in the case of an unberthed passenger ship not less than twenty‑foul hours before that time;

(h) in the case of a pilgrim ship at the original port of departure if in Pakistan, and in other cases at the first port at which she touches in Pakistan, not less than three days, and at all other ports not less than twenty‑four hours before that time.

  1. After receiving the notice, the officer or a person authorised by him shall be at liberty at all times to enter on the ship and inspect her and her fittings and the provisions and stores on board.

153.‑(1) A ship intended to carry unberthed passengers or pilgrims shall not commence a voyage from a port or place appointed under this Part, unless the master holds two certifi cates to the effect mentioned in the two next following sections.

(2) The officer whose duty it is to grant a port‑clearance for the ship shall not grant it unless the master hold:, those 'certificates.

  1. The first of the certificates (hereinafter called "certificate A") shall state that the ship is sea‑worthy and properly equipped, fitted and ventilated, and‑

(a) in the case of an unberthed passenger ship , the number of passengers which she is capable of carrying;

(b) in the case of a pilgrim ship, the number of pilgrims of each class which she is capable of carrying.

  1. The second of the certificates (hereinafter called " certificate B" ) shall state‑‑

(a) the voyage which the ship is to make, and the inter mediate ports (if any) at which she is to touch

(b) that she has the proper complement ,of officers and seamen ;

(c) that the master holds certificate A ;

(d) in the case of an unberthed passenger ship, if the ship make a short voyage, as hereinafter defined, in a season of foul weather, and to carry upper‑deck passengers, that she is furnished with substantial bulwarks and a double awning or with other suffi cient protection against the weather ;

(e) in the case of an unberthed passenger ship, if she is to carry passengers to any port in the Red Sea, that she is propelled Principally by machinery;

(ee) in the case of a ship which is to carry more than one hundred unberthed passengers, that she has on board a medical officer licensed in the prescribed manner ;

(f) in the case of an unberthed passenger ship, that food, fuel and pure water over and above what is necessary for the crew, and the other things (if any) prescribed for unberthed passenger ships, have been placed on board, of the quality prescribed, pro perly packed, and sufficient to supply the unberthed passengers on board during the voyage which the ship is to make (including such detention in quarantine as may be probable) according to the prescribed scale;

Provided that, if the officer appointed in this behalf by the Federal Government is satisfied that an to unber thed passenger has brought on board for his own use food of the quality and in the quantity prescribed, such unberthed passenger shall not be included among the number of unberthed passengers for the purpose of the supply of food under this clause ;

(g) in the case of a pilgrim ship, that she is ;[propelled principally by machinery) and that she is of the tonnage and power (if any) prescribed ;

(h) in the case of a pilgrim ship, if she is to carry more than one hundred pilgrims, that she has on board the medical officer or officers requiredby this Part and the prescribed attendants ; and

(i) in the case of a pilgrim ship, that food and pure water over and above what is necessary for the crew, and the other things (if any) prescribed for pilgrim ships, have been placed on board, of the quality prescribed, properly packed and sufficient to supply the pilgrims on board during the voyage which the ship is to make (including such detention in quarantine as may be probable) according to the prescribed scale ;

(j) such other particulars, if any, as may be prescribed for unberthed passenger or pilgrim ships, as the case may be.

156. Supply by passengers of their own food.---- Rep. by the Indian Merchant Shipping (Amdt.) Act., 1933 (XI of 1933), s. 3.

*157.*The person by whom certificate A and certificate B are to be granted shall be the officer appointed under section 151 who is hereinafter referred to as the certifying officer.

158. Where the master of a ship produces to the certify in officer one of the certificates of survey referred to in sections 136 and 144 in respect of the ship in force and applicable to the voyage on which the ship is to proceed or the service on which she is about to be employed, the certifying officer may, if the parti culars req++u++ ired by section 154 are certified thereby, take the certificate as evidence of those particulars, and it shall then be deemed to be a certificate A for the purposes of thisPart.

159.‑‑(1) After receiving the notice required by section 151 the certifying officer may, if he thinks fit, cause the ship to be surveyed at the expense of the master or owner by competent surveyors, who shall report to him whether the ship is, in their opinion, seaworthy and properly equipped, fitted and ventilated for the service on which she is to be employed

Provided that he shall not cause a ship holding one of the certificates of survey referred to in Part III to be surveyed unless, by reason of the ship having met with damage, or having under gone alterations, or on' other reasonable ground, he considers it likely that she may be found un-seaworthy or not properly equipped, fitted or ventilated for the service on which she is to be employed.

(2) If the officer causes a survey to be made of a ship holding any such certificate, and the surveyors report that the ship is seaworthy and properly equipped, fitted and ventilated for the voyage, and that there was no reasonable ground why the officer should have thought it likely that she would be found un-seaworthy, or not properly equipped, fitted or ventilated for the service on which she is to be employed, the expense of the survey shall be paid by the Federal Government).‑

160.‑(1) The certifying officer shall not grant a certificate if he has reason to believe that the ship has on board any cargo likely from its quality, quantity or mode of stowage to prejudice the health or safety of the unberthed passengers or pilgrims.

(2) Save as aforesaid, and subject to the provisions of sub section (3), it shall be in the discretion of the certifying officerto grant or withhold the certificate.

(3) In the exercise of that discretion that officer shallbe subject to the control of the Federal Government, and of any intermediate authority which it may appoint in this behalf.

  1. The master or owner shall post up in a conspicuous part of the ship, so as to be visible to persons on board thereof, a copy of each of the certificates granted under this Part in respect of the ship, and shall keep those copies so posted up throughout the voyage.

162.‑(1) If an unberthed passenger or pilgrim ship departs or proceeds on a voyage from, or discharges unberthed passen gers or pilgrims at, any port or place Within Pakistan in contravention of the provisions of this Part, or if a person is received as an unberthed passenger or pilgrim on board any such ship in contravention of the provisions of this Part, the master or owner shall, for every unberthed passenger or pilgrim carried in the ship, or for every unberthed passenger or pilgrim so discharged or received on board, be liable to a fine which may extend to one hundred rupees or to imprisonment for a term which may extend to one month, or to both;

Provided that the aggregate term of imprisonment awarded under this section shall not exceed one year.

(2) The ship, if found within two years in any port or `place within Pakistan, may be seized and detained by a Chief Customs‑officer until the penalties incurred under this Part by her master or owner have been adjudicated, and the payment of the fines imposed on him under this Part with all costs, has been enforced, under `the provisions of this Part.

  1. If a person impedes or refuses to allow any entry or inspection authorised by or under this Part, he shall be liable to a fine which may extend to five hundred rupees for each offence, or to imprisonment for a term which may extend 'to three months, or to both.

  2. If the master or owner of an unberthed passenger or pilgrim ship without reasonable excuse, the burden of proving which shall lie upon him, fails to comply with the requirements of this Part with respect to the posting of copies of certificates, he shall be liable to a fine which may extend to two hundred rupees, or to imprisonment for a term which extend to one month, or to both.

  3. If the master of an unberthed passenger or pilgrim ship after having obtained any of the certificates mentioned in this Part fraudulently does or suffers to be done anything whereby the certificate becomes inapplicable to the altered state of the ship, her unberthed passengers or pilgrims, as the case may be, or other matters to which the certificate relates, he shall be liable to a fine which may extend to two thousand rupees, or to imprison ment for a term which may extend to six months, or to both.

  4. If the master of an unberthed passenger ship without reasonable excuse, the burden of proving which shall lie upon him, omits to supply to any unberthed passenger the prescribed allowance of food, fuel and water, or, if the master of a pilgrim ship, without reasonable excuse, the burden of proving which shall lie upon him, omits to supply to any pilgrim the prescribed allowances of cooked and uncooked food and of water as required by the provisions of this Part, he shall be liable to a fine which may extend to twenty rupees for every unber thed passenger or pilgrim who has sustained detriment by the omission.

167.‑(1) If an unberthed passenger or pilgrim ship has on board a number of unberthed passengers or pilgrims which is greater than the number allowed for the ship by or under this Part, the master and owner shall, for every such passenger or pilgrim over and above that number, be each liable to a fine which may extend to fifty rupees, and the master shall further be liable to imprisonmentfor a term which may extend to one week in respect of each such passenger or pilgrim ;

Provided that the aggregate term of imprisonment awarded under this section shall not exceed six months.

(2) Any officer authorisedin this behalf by the Federal Government may cause all unberthed passengers or pilgrims over and above the number allowed by or under this Part to disembark, and may forward them to any port at which they may have contracted to land and recover the cost of so forward ing them from the master or owner of the ship as if the cost were a fine imposed under this Part, and a certificate under the hand of that officer shall be conclusive proof of the amount of the cost aforesaid.

  1. If the master of an unberthed passenger or pilgrim ship lands any unberthed passenger or pilgrim at any port or place other than the port or place at which the unberthed passenger or pilgrim may have contracted to land unless with his previous consent, or unless the landing is made necessary by perils of the sea or other unavoidable accident, the master shall, for every such offence, be liable to a fine which may extend to two hundred rupees, or to imprisonment for a term which may extend to one month, or to both.

  2. If an unberthed passenger or pilgrim ship, other wise than by reason of perils of the sea or other unavoidable accident, touches at any port or place in contravention of any express or implied contract or engagement with the unberthed passengers or pilgrims with respect to the voyage which the ship was to make and the time which that voyage was to occupy, whether the contract or engagement was made by public adver tisement or otherwise, the master and owner shall each be liable to a fine which may extend to five hundred rupees or to imprison ment for a term which may extend to three months, or to both.

170.‑(1) The Chief Customs‑officer or other officer, if any, appointed by the Federal Government in this behalf, at any port or place within Pakistan at which an unberthed passenger or pilgrim ship touches or arrives, shall, with adver tence to the provisions of this Part, send any particulars which he may deem important respecting the unberthed passenger or pilgrim ship, and the unberthed passengers or pilgrims carried therein, to the officer at the port or place from which the ship commenced her voyage, and to the officer any other port or place within Pakistan where the unberthed passengers or pilgrims or any of them embarked or are to be discharged.

(2) The Chief Customs‑officer or other officer, if any, appointed by the Federal Government in this behalf, at any port or place in Pakistan at which a ship to which this Part applies touches or arrives, may enter on the ship and inspect her in order to ascertain whether the provisions of this Act as to the number of unberthed passengers or pilgrims and other matters have been complied with.

  1. 1n any proceeding for the adjudication of any penalty incurred under this Part any document purporting to be a report of such particulars as are referred to in sub‑section (1) of the last foregoing section, or a copy of the proceedings of any Court of justice duly authenticated, and also any like document purport ing to be made and signed by any person lawfully exercising con sular authority on behalf of Pakistan or His Majesty in any foreign port, shall be received in evidence, if it appears to have been officially transmitted to any officer at or near the place where the proceeding under this Part is held.

  2. The penalties to which masters and owners of un berthed passenger and pilgrim ships are made liable by this Part shall be enforced only on information laid at the instance of a certifying officer or at any port or place where there is no such officer, at the instance of the Chief Customs‑officer.

  3. The Federal Government shall appoint such persons as it thinks fit to exercise and perform the powers and duties which are conferred and imposed by this Part or may be con ferred and imposed thereunder.

Special Provisions relating to Unberthed Passenger Ships

174.‑(1) "Long voyage" means, subject to the provisions of this Part relating to unberthed passenger ships, any voyage during which the ship performing it will of ordinary circumstances be one hundred and twenty hours or upwards continuously out of port.

(2) "Short voyage" means subject to the provisions of this Part relating to unberthed passenger ships, any voyage during which the ship performing it will not in ordinary circumstances be one hundred and twenty hours continuously out of port.

  1. The Federal Government may declare, by notifi cation in the official Gazette, what shall be deemed to be, for the purposes of this Part relating to unberthed passenger ships, "seasons of fair weather" and "seasons of foul weather" and, for sailing ships and steam ships, respectively along 'voyage" and a "short voyage".

176.‑(1) For seasons of fair weather, an unberthod passenger ship performing a short voyage shall, subject to the provisions, of this Part, contain in the between decks at least six superficial feet and thirty‑six cubic feet of space available for every between‑decks passenger, and on the upper deck at least four superficial feet available for each such passenger and six superficial feet available for each upper deck passenger.

(2) For seasons of foul weather, an unberthed passenger ship propelled by sails and performing a short voyage shall, subject as aforesaid, contain in the between‑decks at least twelve superficial feet and seventy two cubic feet of space available for every between decks passenger, and on the upper deck at least four superficial feet available for each such passenger and twelve superficial feet available for each upper‑deck passenger.

(3) For seasons of foul weather an unberthed passenger ship propelled by machinery, or partly by machinery and partly by sails, and performing a short voyage shall, subject as aforesaid, contain in the between decks at least nine super ficial feet and fifty‑four cubic feet of space available for every between‑decks passenger, and on the upper‑deck at least four superficial feet available for each such passenger and nine super ficial feet available for each upper‑deck passenger.

(4) In seasons of foul weather an unberthed passenger ship shall not carry upper‑deck passengers unless she is furnished with substantial bulwarks and a double awning or with other sufficient protection, against the weather.

  1. If an unberthed passenger: ship performing a short voyage takes additional unberthed passengers on board at an intermediate port or place, the master shall obtain from the certifying officer at that port or place a supplementary certificate stating‑-----

(a) the number of unberthed passengers so taken on board, and

(b) that food, fuel and pure water over and above what is necessary, for the crew, and the other things, if any, prescribed; for the ship, have been placed on board, of the quality prescribed, properly packed and sufficient to supply the unberthed passengers on board during the voyage which the ship is to make (including such detention in quarantine as may, be probable) according‑to the scale for the time being prescribed;

Provided that, if the certificate B held by the master of the ship states that food, fuel and pure water over and above what is necessary for the crew, and the other things, if any, pres cribed for her, have been placed on board, of the quality pres cribed by the rules, properly packed and sufficient to supply the full number of unberthed passengers which she is capable of carrying, the master shall not be bound to obtain any such supplementary certificate, but shall obtain" from the certifying officer an endorsement on the certificate B showing the number of passengers taken on board, and the number of passengers discharged, at that port or place.

  1. When the ship after performing a short voyage reaches her final port or place of arrival, the master shall notify to such officer as the Federal Government appoints in this behalf the date and supposed cause of death of every passenger dying on the voyage.

179.‑(1) An unberthed passenger ship propelled by sails and performing a long voyage shall, subject to the provi sions of this Act, contain in the between‑decks at least twelve superficial feet and seventy‑two cubic feet of space available for every passenger.

(2) An unberthed passenger ship propelled by machi nery, or partly by machinery and partly by sails, and performing a long voyage, shall, subject as aforesaid, contain in the between‑decks at least nine superficial feet and fifty four cubic feet of space available for every passenger.

  1. The master of an unberthed passenger ship de parting or proceeding on a long voyage from any port or place in Pakistan shall sign two statements, specifying the number and the respective sexes of all the unberthed passengers, and the number of the crew, and shall deliver them of the certi fying officer, who shall thereupon, after having first satisfied himself that the numbers are correct, countersign and return to the master one of the statements.

  2. The master of any such ship shall note in writing on the statement returned to him, and on any additional statement to be made under the next following section, the date and supposed cause of death of any unberthed passenger who may die on the voyage, and shall, when the ship arrives at her port or place of destination or at any port or place where it may be intended to land unberthed passengers, and before any Passenger leave: the ship, produce the statement with any addi tions made thereto a person lawfully exercising consular authority on behalf of Pakistan or His Majesty at the port or place, or to the Chief Customs‑officer thereat or the certifying officer, if any, appointed there.

182.‑(1) In either of the following case‑---namely:‑

(a) ifafter the ship has departed or proceeded on a long voyage any additional, unberthed passengers are taken on board at a port or place within Pakistan appointed under this' Part for the embarkation of anberthed passengers ; or

(b) if the ship upon her voyage touches or arrives at any such port or, place, having previously received on board additional unberthed passengers at any place beyond Pakistan, the master shall obtain a fresh certificate to the effect of certifi cate B from the certifying officer atthat port or place; and shall make additional statements specifying the number and the respective sexes of all the additional passengers.

(2) All the foregoing provisions of this Part with respect to certificate B and statements concerning unberthed passenger shall be applicable to any, certificate granted or statement made under this section.

183.‑(1) A ship carrying unberthed passengers from or to any port in Pakistan to or from any port in the Red Sea shall be propelled principally by machinery.

(2) If this section is not complied with, the master and owner shall each be liable to a fine which may extend to five hundred rupees or to imprisonment which may extend to three months, or to both.

184.‑(1) A ship carrying more than one hundred un berthed passengers shall have on board a medical officer, licensed in the prescribed manner.

(2) If this section is not complied with, the master shall be liable to a fine which may extend to five hundred rupees, or to imprisonment for a term which may extend to three months, or to both.

185 to 188. Ships carrying passengers to or from port in Red Sea to touch at Aden. ,Bill of health at Aden. Bond where ship clears for port in Red Sea. Power for Governor General in Council to direct medical inspection of passengers. Rep. by A. O., 1937.

  1. If a master fails to comply with any of the requirements of section 180 or section 181 as to the statements concerning unberthed passengers, or willfully makes any false entry or note in or on any such statement, or without reasonable excuse, the burden of proving which shall lit upon him, fails to obtain any such supplementary certificate as is mentioned in section 177 or to report deaths as required by section 178 or to obtain any such fresh certificate, or to make any such statement of the number of additional unberthed passengers, as is mentioned in section 182, he shall be liabe to a fine which may extend to five hundred rupees for every such offence, or to imprisonment for a term which may extend to three months, or to both,

  2. If a ‑ship carrying unberthed passengers from any port or place beyond Pakistan to any port or place in Pakistan has on board a number of passengers greater either than the number allowed for the ship by or under this Part or than the number allowed by the licence or certificate, if any, granted in respect of the ship at her port or place of departure, the master and owner shall, for every unberthed passenger in excess of that number, be each liable to a fine which may extend to twenty rupees.

191.----(1) The Federal Government may make rules consistent with this Part to regulate, in the case of any unberthed passenger ship or class of such ships, all or any of the following matters, namely :‑

(a) the scale on which food, fuel and water are to be supplied to the passengers or to any class or classes of passengers, and the quality of the food, fuel and water;

(b) the medical stores and other appliances and fittings to be provided on board for maintaining health, cleanliness and decency ;

(c') the licensing and appointment of medical officers in cases where they are required by this part to be carried;

(d) the boats, anchors and cables to be provided on board;

(e) the instruments for purposes of navigation to be supplied ;

(f) the apparatus for the purpose of extinguishing fires on board and the precautions to be taken to prevent such fires ;

(h) the functions of the master, medical officer (if any) and other officers of the ship during the voyage ;'

(i) the access of between‑decks passengers, to the upper deck ;

*(j)*the local limits within which, and the time and mode at and in which, passengers are to be embarked or dis charged at any, port or place appointed under this part in that behalf;

(k) the time within which the ship or any ship of the class is, to depart or proceed on her voyage after commenc ing to take passengers on board ; and

(1) generally, to carry out the purposes of this Part.

(2) In making a rule under this section, the Federal Government may direct that a breach of it shall be punishable with fine which may extend to two hundred rupees, and when., the breach is a continuing breach, with a further flue which may extend to twenty rupees for every day after the first during which the breach continues.

(3) The power to make rules under this section is subject to the condition of the rules being made after previous publica tion.

  1. The Federal Government may by order prescribe, in the case of any unberthed passenger ship or class of such ships and for all or any voyages; the number of superficial or of cubic feet of space to be available for unbrethed passengers; and the order shall be alternative to, or override, as the Federal Government may direct, the requirements . on that subject of this Part so far as they apply to that ship or class of ships.

Special' Provisions regarding Pilgrim Ships

193.‑(1) The Federal Government may by 'order deter mine the number of superficial and cubic feet of space (not being less than eighteen and one hundred and eight respective ly to be allotted and marked separately in the between decks for each pilgrim of each class, respectively, on board pilgrim ships.

(2) Every pilgrim ship shall have reserved for the use of the pilgrims on board gratuitously by day and' by night so much of the upper deck as is not required for the airing space of the crew or for permanent structures;

Provided that the upper deck space available for pilgrims shall in no case be less than six superficial feet for each pilgrim on board.

(3) Subject as aforesaid and to any rules which may be made under this Act, such space may be allotted among the different classes of pilgrims in such proportion as may be thought fit;

Provided that not less space shall be allotted to any one class than will provide six superficial feet of space available for each pilgrim of that class on board.

  1. The baggage of all pilgrims shall; be disposed of on board in such manner as may be prescribed.

| THE MERCHANT SHIPPING ACT, 1923

  1. There shall be a regularly appointed hospital on board every pilgrim ship, offering such conditions,; of security, health and space and capable of accommodating such number, not exceeding five per cent of the pilgrims embarked, as may be prescribed.

  2. The master of every pilgrim ship departing or pro ceeding from any port or place in Pakistan shall sign a state ment in duplicate in the prescribed form specifying the total number and the number of each sex of all the pilgrims embarked and the number of the crew, and such other particulars as may be prescribed, and shall deliver both copies to the certifying officerwho shall thereupon, after having first satisfied himself that the entries are correct, countersign and return to the master one of the copies.

  3. The master of every pilgrim ship shall note in writing on the copy of the statement returned to him under the last going section, and on any additional statement to be made under the next following section, the date and' supposed cause of death of any pilgrim who may die on the voyage, and shall, when the pilgrim ship arrives at her port or place of destination or at any port or place at which it may be intended to land pilgrims, and before any pilgrims disembark, produce the statement, with any additions thereto made, to a person lawfully exercising consular authority on behalf of Pakistan or His Majesty at the port or place or to the Chief Customs officer thereat or the certifying officer (if any) appointed there.

198.‑ (1) In either of the following cases, namely-----

*(a)*if, after a pilgrim ship has departed or proceeded on her voyage, any additional pilgrims are taken onboard at a port or place within 2[Pakistan] appointed under this Act for the embarkation of pilgrims, or

(b) if a pilgrim ship upon her voyage touches or arrives at any such port or place, having previously received on board additional pilgrims at any place beyond 'Pakistan, the master shall obtain a fresh certificate to the effect of certificate B from the certifying officer at that port or place, and shall furnish an additional statement, in duplicate in the prescribed form, respecting such additional pilgrims.

(2) All the foregoing provisions of this Part with respect to certificate B, and the statement concerning pilgrims to be signed and delivered by the master of pilgrim ships, shall be applicable to any certificate granted or statement furnished under this section.

199, The master of every pilgrim ship arriving at any port or ply in Pakistan at which it may be intended to discharge pilgrims, shall, before any pilgrims disembark, deliver, a statement signed by him specifying the total number and the number of each sex of all the pilgrims on board and the number of the crew and such other particulars as may be prescribed to the certifying officer appointed thereat.

200.‑(1) Everypilgrim ship shall be propelled principally by machinery, and shall be of the tonnage and power (if any) prescribed.

(2) If this section is not complied with, the master and owner shall each be liable to a fine which may extend to five hundred rupees, or to imprisonment which may extend to three months, or to both.

201.‑(1) Every pilgrim ship carrying more than one hundred pilgrims shall have on board a medical officer licensed, as pres cribed and, if the number carried exceed one thousand, a second medical officer similarly licensed, and also in all cases such atten dants as may be prescribed, and such medical officers and attendants shall give their services free to all sick pilgrims on board.

(2) If medical officers and attendants are not carried on a pilgrim ship in accordance with the provisions of sub‑section (1), the master shall be liable to a fine which may extend to three thousand rupees, or to imprisonment which may extend to three months, or to both.

(3) Any medical officer or attendant on a pilgrim ship who charges any pilgrim on such ship for his services shall be liable to a fine which may extend to two hundred rupees.

  1. The medical officer. or officers of every pilgrim ship shall keep such diaries, and shall submit such reports or other returns as may be prescribed.

203.‑(I) Any officer empowered by the Federal Government in this behalf may, by order in writing, require any pilgrim ship proceeding from any port in Pakistan to any port in the Red Sea, to touch at Aden and not to leave that port without having obtained from the proper authority a certificate stating whether any case of cholera has or has not occurred on board since the ship left the port of last departure.

(2) If the master of any such ship, in respect of which an order has been made under this section without reasonable excuse, the burden of proving which shall lie upon him, fails to touch at Aden, or leaves that port without having obtained the certificate required under this section, he shall for every such offence be liable to a fine which may extend to two thousand rupees, or to imprisonment for a term which may extend to six months, or to both.

  1. When Authority at Aden may refuse to let ship leave. Rep. by A. O., 1937.

205.‑(1) Port clearance shall not be granted from any port in Pakistan to any pilgrim ship unless the master, owner or agent and two sureties resident in Pakistan have executed, in favour of the Federal Government, a joint and several bond for the sum of Fifty thousand rupees covering all voyages which may be made by tile ship in the current pilgrim season, conditioned that‑-------

(a) theship shall, if so required by an order under section 203, touch at Aden on the outward voyage and there obtain the certificate required under that section,

*(b)*the master .and medical officer or officers, if any, shall comply with the provisions of this Part and the rules made thereunder, and

(c) the master, owner or agent (as the case may be) shall

pay any sum claimed by the Federal Government under section 209A.

(2) A bond may be given under this section covering any or all of the, pilgrim ships owned by one owner, and in such cases the amount of the bond shall be Fifty thousand rupees for each ship covered.

206.‑(1) No pilgrim shall be received on board any pilgrim ship at any port or place in Pakistan unless and until he has been medically inspected, at such time and place, and in such manner, as the Federal Government may fix in this behalf nor until the certifying officer has given permission for the embarkation of pilgrims to commence.

(lA) No pilgrim shall be received on board any pilgrim ship unless he produces medical certificates signed by persons who, in the opinion of the officer making an inspection under this section, are duly qualified to grant such certificates, showing that such pilgrim‑-----

(a) has been inoculated against cholera within six months before the inspection, and

(b) has been vaccinated against small‑pox within five years before the inspection;

Provided that the officer making the inspection may dis pense with the certificate of vaccination, if in his opinion the pilgrim has marks showing that he has had small‑pox.

(2) If, in the opinion of the officer makingan inspection under this section, any pilgrim is suffering from cholera or choleraic indisposition, or any dangerously infectious or con tagious disease, or shows any signs of the same or any other suspicious symptoms, such pilgrims shall not be permitted to embark:

(3) All articles which have been contaminated by persons ,suffering from cholera or choleraic indisposition,' or any danger ously infectious or contagious disease, or are suspected of having been so contaminated shall, before being taken on board a pilgrim ship, be disinfected, under the supervision of a medical officer appointed by the Federal Government for the purpose, in such manner as may be prescribed.

(4) If the master of any such ship knowingly receives on board any pilgrim or contaminated article in contravention of this section, he shall be liable to a fine which may extend to five hundred rupees for each pilgrim, or fifty rupees for each article so received, or to imprisonment which may extend to three months, or to both.

207.‑(1) Ifin any case a pilgrim ship does not proceed on her voyage within forty‑eight hours after all the pilgrims have been received on board, and there is reason to suspect that any person on board is suffering from cholera or choleraic indis position or any dangerously infectious or contagious disease, a medical inspection of all persons on board may be held in such manner as the Federal Government may direct.

(2) If on such inspection any person is found to be suffering from cholera or choleraic indisposition or any dangerously infectious or contagious disease, or shows any signs of the same or any other suspicious symptoms, he shall, together with all articles belonging to him, be at once removed from the ship.

(3) If the master of any such ship knowingly keeps on board any pilgrim or article ordered to be removed under this section, he shall be liable to a fine which may extend to five hundred rupees for each pilgrim, or to fifty rupees for each article, so kept on board, or to imprisonment which may extend to three months, or to both.

  1. So far as may be practicable, and subject to any rules which may be made under this Act, the medical inspection of female pilgrims shall be carried out by women.

209.‑(1) All deposits made under section 208A which have been unclaimed for the prescribed period shall vest in the Federal Government.

(2) If any pilgrim, entitled to a refund of passage‑money under sub‑section (1) of section 208C does. not claim such: refund within the prescribed period, or if any pilgrim who has purcha sed a return ticket does not on the basis of such ticket obtain a return passage from the Hedjaz within the prescribed period, and the value of the return half of such ticket has not been refun ded under sub‑section (2) or sub‑section (3) on sub‑section (41 of section 208C. such passage‑money or value. shall, subject, to the exercise of the rights conferred by subsection (4) of section 208C, vest in the Federal Government and shall be paid to the Federal Government by the master, owner or agent to whom it was paid.

  1. The master of every pilgrim ship shall be bound to pay the whole amount of the sanitary taxes imposed by lawful authority at the ports visited if and so far as such taxes are in cluded in the cost of the tickets issued to the pilgrims.

  2. If the master of a pilgrim ship fails to comply with any of the requirements of section 196, section 197 or section 199 as to the statements concerning pilgrims, or wilfully makes any false entry or note in or on any such statement, or fails to obtain any such fresh certificate or to make any such statement of the number of additional pilgrims as is mentioned in section 198, he shall be liable to a fine which may extend to five hundred rupees for every such offence, or to imprisonment for a term which may extend to three months, or to both.

  3. If the master or the medical officer (if any ) of a pilgrim ship, without reasonable excuse, the burden of proving which shall lie upon him, breaks or omits or neglects to obey, any rule under this Part, he shall be liable to a fine which may extend to five hundred rupees, or to imprisonment for x term which may extendto three months, or to both.

213.‑(1) The Federal Government may make rules to regulate all or any of the following matters, namely :‑----

(a) the boats‑ anchors and cables to be provided on board pilgrim ships ;

(b) the instruments for purposes of navigation to be supplied ;

(c) the apparatus for the purpose of extinguishing fires on board and the precautions to be taken to prevent and deal with such fires ;

(d) the provision of appliances for saving life and of means for making signals of distress, and the supply of lights inextinguishable in water and fitted for attachment to lifebuoys;

(e) the fittings and other appliances to be provided in the upper and between‑decks for the comfort and con venience of pilgrims ;

(f) the scale on which, and the manner in which cooked and uncooked food and water are to be supplied to pilgrims, and the quality of such food and water ;

(ff) the kinds of food to be provided for pilgrims on pay ment, in addition to the food to be supplied in accord ance with rules made under clause (f), and the charges which may be made for the same ;

(g) the quality, quantity and storage of the cargo to be carried ;

(h) the allotment of the upper‑deck space between the various classes of pilgrims ;

(i) the amount and distribution of the baggage of pil grims ;

(j) the nature and the extent of the hospital accommoda tion and the medical stores, disinfectants, and other appliances and fittings to be provided on board free of charge to pilgrims for maintaining health, clean liness and decency ;

(k) the form of the statements to be furnished by the master under sections 196 and 199, and the particulars to be entered therein ;

(1) the tonnage and power to be required in the case of pilgrim ships, and the voyages to which, and seasons at which, such rules shall respectively apply ;

(m) the licensing and appointment of medical officers and other attendants in cases where they are required by this Part to be carried, and the diaries, reports and other returns to be kept or submitted by such medical officers ;

(n) the manner in which contaminated articles shall be disinfected before being taken on board a pilgrim ship ;

(o) the manner in which, and the persons by whom, the medical inspection of women shall be carried out ;

(p) the manner in which deposits shall be made for the pur poses of section 208A, and any matter in respect of which provision is, in the opinion of the Federal Government, necessary or expedient for the purpose of giving effect to the provisions of that section;

(q) the supply of tickets to intending pilgrims, the form of such tickets and the conditions and other matters to be specified thereon, and the amount of the sanitary taxes to be included in the cost thereof ;

(r) the refund of deposits and passage‑money under sec tion 208C, and the manner to which persons shall be nominated under that section for the purpose of entit ling them to a refund ;

(s) the period after which unclaimed passage‑money and deposits liable to be refunded shall lapse to the Government, and the purposes to which sums so lapsing shall be applied ;

(t) the manner in which the proposed date of sailing shall be advertised under section 209B ; the appointment of Pilgrim Officers for the purposes of that section and sections 209C and 209D ; the manner in which pay ment shall be made under section 209C to pilgrims and to the Pilgrim Officers ; and the procedure to be follow ed by masters, owners or agents and by Pilgrim Officers and Magistrates in proceedings under that section ;

(u) the functions of the master, medical officer or officers (if any) and other officers during the voyage ;

(v) the local limits within which, and the time and mode at and in which, pilgrims shall be embarked or dis charged at any port or place appointed under this Part in that behalf ;

(w) the time within which a pilgrim ship shall depart or proceed on her voyage after commencing to take pil grims on board ;

(ww) providing that a pilgrim shall not be received on board any pilgrim ship, unless he is in possession of a passport or a pilgrim's pass, regulating the issue of pilgrims passes, and prescribing the form of and fees which may be charged for such passes ; and

(x) generally, to carry out the provisions of this Part relating to pilgrim ships.

(2) In making a rule under this section, the Federal Govern ment may direct that a breach of it shall be punishable with fine which may extend to three hundred rupees, and, when the breach is a continuing breach with a further fine which may extend to twenty rupees for every day after the first during which the breach continues.

(3) The power to make rides under this section is subject to the condition of the rules being made after previous publication.

APART V SAFETY

Prevention of Collisions

214.‑(1) The Federal Government may, by notification in the official Gazette, make regulations for preventing collisions at sea, and may appoint persons to inspect, in any port, ships to which such regulations may apply, for the purpose of seeing that such ships are provided with lights and signals and with the means of making fog‑signals in pursuance of such regulations.

(2) Every person so appointed shall in the port for which he is appointed have, for the purposes of such inspection, the following powers‑----

(a) he may go on board any ship and may inspect the same or any part thereof, or any of the machinery, equip ments and cargo on board thereof, and may, require the unloading or removal of any cargo, ballast or tackle, not unnecessarily detaining or delaying her from discharging, unloading or proceeding on any voyage ;

(b) he may, by summons under his hand, require the attendance of all such persons as he thinks fit to call before him, may examine such persons, and may, by a like summons, require returns in writing to any in quiries he thinks fit to make ;

(c) he may require and enforce, the production of all books, papers, or documents which he considers important ; and

(d) he may administer oaths, or may, in lieu of administer ing an oath, require every person examined by him to make and subscribe a declaration of the truth of the statements made by him in his examination.

  1. If any person so appointed finds that any ship is not so provided, he shall give to the master or owner notice in writing pointing out the deficiency, and also what is, in his opinion, requisite in order to remedy the same.

  2. Every notice so given shall be communicated in such manner as the Federal Government may direct to the Customs collector at any port from which such ship may seek to clear; and no Customs‑collector to whom such communication is made shall grant such ship a port‑clearance or allow her to proceed to sea without a certificate undo: the hand of some person appointed as aforesaid, to the effect that the said ship is properly provided with lights and signals and with the means of making fog signals in pursuance of the said regulations.

Load Lines

  1. Operation of provisions relating to load lines.-- Omitted by the Merchant Shipping (Amdt.) Act, 1968 (XVII of 1968), s. 4.

218.‑(1) The provisions of sections 218 to 224M inclusive, hereinafter referred to as `the provisions of this Part relating to load lines shall not apply to‑-----

(i) any sailing ship of less than 150 tons gross tonnage employed in plying coastwise between ports situated within Pakistan, India, Burma and Ceylon ;

(ii) any ship solely engaged in fishing;

(iii) any pleasure yacht.

(2) The Federal Government may, on such conditions not inconsistent with the rules made under section 219 it may think fit, exempt from the provisions of this Part relating to load lines:

(i) any ship plying between the near neighbouring ports of two or more countries if the Federal Government and the Governments of those countries are satisfied that the sheltered nature and conditions of the voyages between those ports make it unreasonable or impracti cable to apply to ships so plying the provisions of this Part relating to load lines;

(ii) any ship plying between near neighbouring ports of the same country if the Federal Government is satisfied as aforesaid ;

(iv) any class of stream-ships of less than 80 tons gross tonnage which are employed in plying coastwise between ports situated within Pakistan, India, Burma and Ceylon whether carrying cargo or not ;

(v) any Pakistan steamship of less than 150 tons gross tonnage the keel of which was laid before the commencement of the Merchant Shipping (Amendment) Act, 1968, or any Pakistan steamship less than 79 feet (24 metres) in length the keel of which was laid after such commencement ;

(vi) any Pakistan steamp-ship other than a steamship referred to in clause (v) which normally plies between ports within the same Province but which is, in exceptional circumstances, required to undertake a single voyage between a port in one Province and a portion the otherProvince or between a port in Pakistan and a port outside Pakistan ; and

(via) any Pakistan steamship of not less than 150 tons gross tonnage the keel of which was laid before the com mencement of the Merchant Shipping (Amendment) Act, 1968, or any Pakistan steamship not .less than 79 feet (24 metres) in length the keel of which was laid after such commencement, if in the opinion of the Federal Government that steamship embodies features of a novel kind such that, if such steamship had to comply with all the requirements of this Part relating to load lines and the rules made under section 219, the development of those features and their in corporation in steamships might be seriously impeded.

219.‑(1) The Federal Government may, by notification in the official Gazette, make rules, hereinafter referred to as " the Load‑Line rules ", to carry out the purposes of the provi sions of this Part relating to load lines.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :‑

(a) survey and periodical inspection of ships ;

(b) determination of free‑board deck in relation to any ship and marking on each side of the ship to indicate the position of that deck by a mark, hereinafterr referred to as a " deck line ";

(c) determination in relation to a ship, by reference to her deck line and freeboards, of the position in which each side of the ship is to be marked with lines, herein after referred to as " load lines ", to indicate the maxi mum depths to which the ship may be loaded in various circumstances ;

(d) conditions, hereinafter referred to as the " Conditions of assignment ", on which load lines may be assigned ;

(e) requirements, relevant to the assignment of freeboards, in respect of hulls, superstructures, fittings and app liances ;

(f) particulars to be recorded in relation to matters re ferred to in clauses (d) and (e) and the manner in which they shall be recorded ;

(g) the circumstance in which a ship, during the continuance of the assignment of freeboards assigned to her, if any, shall be deemed, for the purposes of the provisions of this Part relating to load lines, to comply with the conditions of assignment ;

(h) the forms in which an international load‑line certi ficate, a Pakistan load‑line certificate, an international load‑line exemption certificate and a Pakistan load‑line exemption certificate shall be issued ;

(i) the period during which an exemption certificate shall remain in force ;

(j) the extension and termination of the period for which an exemption certificate was issued ;

(k) the manner in which endorsements relating to periodical inspection of a ship or to an extension of the period for which an exemption certificate was issued shall be made on the certificate ; and

(l) the fees payable for the issue or extension of a certi ficate referred to in clause (h) and the rates according to which the fees payable in respect of the surveys and periodical inspection shall be calculated.

220.‑(1) No Pakistan ship, being a ship the keel of which was laid after the commencement of the Merchant Shipping (Amendment) Act, 1968, and not being exempt from the provisions of this Part relating to load lines, shall proceed to sea unless‑-----

(i) she has been surveyed in accordance with the Load. linerules ;

(ii) she complies with the conditions of assignment ; and

(iii) she is marked with a deck line and with load lines in accordance with the Load‑line rules;

(2) No Pakistan ship, being a ship of which the keel was laid before the commencement of the Merchant Shipping (Amend ment) Act, 1968, and not being exempt from the provisions of this Part relating to load lines, shall proceed to sea unless‑‑

(i) she has been surveyed in accordance with the Load- line rules ;

(ii) she complies with the conditions of assignment or with such lesser related requirements as were applicable to her immediately before such commencement ; and

(iii) she is marked with a deck line and with load lines in accordance with the Load‑line rules or the deck line and load lines have been marked in the position re quired by the rules in force immediately before such commencement .

(3) ff any ship proceeds or attempts to proceed to sea in contravention of this section, the master or owner thereof shall for each offence be liable to a fine which may extend to one thousand rupees.

(4) Any ship attempting to proceed to sea without being surveyed and marked as required by this section maybe detained until she has been so surveyed and marked, and any ship which does not comply with the conditions of assignment to the extent required in her case by this section shall be deemed to be unsafe for the purposeof section 232.

221..‑(1) A British ship registered in Pakistan (not being exempt from the provisions of this Part relating to load lines) shall rot be so loaded as to submerge in salt water, when the ship has no list, the appropriate load line on each side of the ship, that is to say, the load line indicating or purporting to indicate the maximum depth to which the ship is for the time being entitled under the load‑line rules to be loaded.

(2) If any such ship is loaded in contravention of this section, the owner or master of the ship shall for each offence be liable to a fine which may extend to one thousand rupees and to such additional fine, not exceeding the amount hereinafter specified, as the Court thinks fit to impose having regard to the extent to which the earning capacity of the ship was, or would have been, increased by reason of the submersion.

(3) The said additional fine shall not exceed one thousand rupees for every inch or fraction of an inch by which the appro priate load line on each side of the ship was submerged, or would have been sub‑merged if the ship had been in salt water and had no list.

(4) In any proceedings against an owner or master for a con travention of this section, it shall be a good defence to prove that the contravention was due solely to deviation or delay, being deviation or delay caused solely by stress of weather or other circumstances which, neither the master nor the owner nor the charterer ( if any) could have prevented or forestalled.

(5) Without prejudice to any proceedings under the fore going provisions of this section, any ship which is loaded in contravention of this section may be detained until she ceases to be so loaded.

  1. If‑-------

(i) the owner or master of 'a British ship registered in Pakistan, which has been marked in accordance with the foregoing provisions of this Part, fails with out seasonable cause to keep the ship so marked, or

(ii) any person conceals, remove, alters, defaces or obli terates, or suffers any person under his control to conceal, remove, alter, deface or obliterate any mark placed on any such ship in accordance with the fore going provisions of this Part, except with the authority of a person entitled under the load‑line rules to authorise the alteration of the mark or except for the purpose of escaping capture by an enemy,

he shall for each offence be liable to x fine which may extend to one thousand rupees.

  1. A surveyor authorised in this behalf by the Federal Government may inspect any British ship registered in Pakistan for the purpose of seeing that the provisions of this Part relating to load lines have been complied with and for this purpose may go on board the ship at au reasonable times and do all thing necessary for the proper inspection of the ship and may also require the master of the ship to supply him with any information witich it is in the power of the master to supply for that purpose, including the production of any certificate granted under this Part in respect of the ship.

Certificates

224.‑(1) Where a British ship registered in Pakistan has been surveyed and marked to accordance with the foregoing provisions of this Part and complies with the conditions of assign ment to the extent required in her case by those provisions, there shall be issued to the owner of the ship on his application and on payment of the prescribed fee‑------

(i) in the case of a ship of not less than 150 tons gross tonnage the keel of which was laid before the commen cement or the Merchant Shipping (Amendment) Act, 1968, and in the case of' a ship not less than 79 feet (24 metres) in length the keel of which was laid after such commencement, a certificate to be called " an international load‑line certificate ; and "

(ii) in the case of any other ship, a certificate to be called a Pakistan load‑hue certificate :

Provided that no certificate under this sub‑section shall be issued in respect of a ship before the expiry of the similar certificate last issued

(2) Every such certificate shall be issued either by the Federal Government or by such other person as may be authorised in that behalf by the Federal Government and shall be issued in such form and manner as may be prescribed by the load‑line rules.

(3) The Federal Government may request the Govern ment of a country to which the Load‑Line Convention, applies, to issue a load‑line certificate in the form of an international road‑line certificate under that Convention in respect of a British ship registered in Pakistan, and a certificate issued in pursuance of such a request and containing a statement that it has been so issued shall have effect for the purposes of this Part as if it had been issued by the Federal Government.

(4) Where in respect of a ship a certificate issued in pur suance of this section and for the time being in force is pro duced‑

(a) the ship shall be deemed to have been surveyed in accordance with the Load‑line rules ; and

(b) if lines are marked on the ship corresponding in number and description to the deck line and load lines as required by the Load‑line rules and the position of those lines so marked corresponds with the position of the deck line and load lines specified in the certi ficate, the ship shall be deemed to be marked as required by those rules.

Grain Cargoes

  1. No cargo of which more than one‑third consists o f any kind of grain, corn, rice, paddy, pulse, seeds, nuts or nut- kernels (hereinafter referred to as grain‑cargo) shall be carried on board any British or foreign ship unless the same be contained in bags, sacks or barrels, or secured from shifting by boards or bulkheads or otherwise.

226. 1f the owner or master of any ship, or any agentof such owner who is charged with the landing of such ship or the sending her to sea, knowingly allows any grain‑cargo or part of a grain‑cargo to be shipped therein for carriage contrary to the provisions of the last foregoing section, he shall be liable to a fine which may extend to three thousand rupees.

Sub‑division Load Lines

227.‑(1) Where‑-----

(a) a British passenger steamer registered in Pakistan has been marked with sub‑division load lines, that is to say, load lines indicating the depth to which the steamer may be loaded having regard to the extent to which she is subdivided and to the space for the time being allotted to passengers, and

(b) the appropriate sub‑division load line, that is to say, the sub division load line appropriate to the space for the time being allotted to passengers on the steamer, is lower than the load line indicating the maximum depth to which the steamer is for the time being entitled under the provisions of this Part to be loaded, the steamer shall not be so loaded as to submerge in salt water the appropriate sub‑division load line on each side of the steamer when the steamer has no list.

(2) If any such steamer is loaded in contravention of this section, the owner or master of the steamer shall for each offence be liable to a fine which may extend to one thousand rupees and to such additional fine, not exceeding the amount hereinafter specified, as the Court thinks fit to impose, having regard to the extent to which the earning capacity of the ship was, or would have been, increased by reason of the submersion.

(3) The said additional fine shall not exceed one thousand rupees for every inch or fraction of an inch by which the appro priate subdivision load line on each side of the ship was sub merged, or would have been submerged if the ship had had no list.

(4) Without prejudice to any proceedings under the foregoing provisions of this section, any such steamer which is loaded in contravention of this section may be detained until she ceases to be so loaded.

  1. The provisions of section 227 shall apply to passenger steamers not registered in Pakistan while they are within any port in Pakistan as they apply to British passenger steamers registered in Pakistan.

Un-seaworthy Ships

  1. (1) Every person who sends or attempts to send a British ship to sea from any port in Pakistan in such an un-sea worthy state that the life of any person is likely to be thereby endangered shall, unless he proves that he used all reasonable means to insure her being sent to sea in a seaworthy state or that her going to sea in such un-seaworthy state was under the circum stances reasonable and justifiable, be liable to imprisonment for a term which may extend to six months, or to a fine which may extend to one thousand rupees, or to both.

(2) Every master of a British ship who knowingly takes such ship to sea in such un-seaworthy state that the life of any person is likely to be thereby endangered shall, unless he proves that her going to sea in such un-seaworthy state was, under the circum stances, reasonable and justifiable, be liable to imprisonment for a term which may, extend to six months, or to a fine which may extend to one thousand rupees, or to both.

(3) For the purpose of giving such proof, every person charged under this section may give evidence in the same manner as any other witness.

(4) No prosecution under this section shall be instituted except by, or with the consent of the Federal Government.

  1. A ship is " un-seaworthy " within the meaning of this Part when the materials of which she is made, her construction, the qualifications of the master, the number and description of the crew, the weight, description and stowage of the cargo, the tackle, sails, rigging, stores, ballast, and other equipment are not such as to render her in every respect fit for the proposed voyage or service.

231.‑(1) Inevery contract of service, express or implied, between the owner of a British ship and the master or any sea man thereof, and in every instrument of apprenticeship whereby any person is bound to serve as an apprentice on board any such ship, there shall be implied, notwithstanding any agreement to the contrary, an obligation on the owner that such owner and the master, and every agent charged with the loading of such ship or the preparing thereof for yea, or the sending thereof to sea shall use all reasonable means to secure the seaworthiness of such ship for the voyage at the time when such voyage commen ces, and to keep her in a. seaworthy state for the voyage during the same.

(2) Nothing in this section :hall subject such owner to any liability by reason of such ship being sent to sea in an unseaworthy state where, owing to special circumstances, the so sending her to sea is reasonable and Justifiable.

Detention of unsafe ships by the Federal Government

332.‑(1) Where a British ship in any port to which the Federal Government may specially extend this section is an un. safe ship, that is to say, is by reason of the defective condition of her hull, equipments or machinery, or by reason of overloading or improper loading, unfit to proceed to sea anger to human life, having regard to the nature of the service for which she is of the service intended, such ship may be provisionally detained for the purpose of being surveyed and either finally detained or released as follows, namely:‑

(a) The Federal Government, if it has reason to believe, on complaint or otherwise, that any such ship is unsafe, may order the ship to be provisionally detained as an unsafe ship for the purpose of being surveyed.

(b) A written statement of the grounds of such detention shall be forthwith served on the master of such ship.

(c) When the Federal Government provisionally orders the detentionof a ship it shall either refer the matter to the Court of Survey for the port where the ship is detained, or forthwith appoint some competent person to survey such ship and report thereon; and, on re ceiving the report, may either order the ship to be released or, if in its opinion the ship is unsafe, may order her to be finally detained, either absolutely or until the performance of such conditions with respect to the execution of repairs or alterations, or the un loading or reloading of cargo, as the Federal Government thinks necessary for the protection of human life.

(d) Before an order for final detention is made, a copy of the report shall be served upon the master of the ship, and within seven days after such service the owner or master may appeal against such report, in the manner prescribed, to the Court of Survey for the port where the ship is detained.

*(e)*Where a ship has been provisionally detained and a person has been appointed under this section to survey such ship, the owner or master of the ship, at any time before such person makes that survey, may require that he shall take with him as assessor such person as the owner or master may select, being a person named in the list of assessors for the Court of Survey or, if there is no such list, or if it is impracticable to procure the attendance of any person named in such list, a person of nautical, engineering or other special skill and experience. If the surveyor and assessor agree that the ship should be detained or released the Federal Government shall cause the ship to be detained or released accordingly, and the owner or master shall have no appeal. If the surveyor and assessor differ in their report, the Federal Government may act as if the requisition had not been made, and the owner or master shall have such appeal touching the report of the surveyor as is hereinbefore provided in this section.

(f) Where a ship has been provisionally detained, the Federal Government may at any time if it thinks it expedient, refer the matter to the Court of Survey for the port where the ship is detained.

(g) The Federal Government may at any time, if satisfied that a ship detained under this section is not unsafe, order her to be released either upon or without any conditions.

(2) Any person appointed by the Federal Government for the purpose (m this Act referred to as a "detaining‑officer") shall have the same power as the Federal Government has un der this section of provisionally ordering the detention of a ship for the purpose of being surveyed, and of appointing a person to survey her; and if he thinks that a ship so detained by him is not unsafe, may order her to be released.

(3) A detaining‑officer shall forthwith report to the Federal Government any order made by him for the detention or release of a ship.

(4:) A ship detained under this section shall not be released by reason of her British or Pakistan register being subsequently closed.

(5) A detaining‑officer shall have, for the purpose of his duties under this Part, the following powers, namely:‑

(a) he may go on board any. British ship and may inspect the same or any part thereof, or any of the machinery, equipments and cargo on board thereof, and may require the unloading or removal of any cargo, ballast or tackle, not unnecessarily detaining or delaying her from discharging, unloading or proceeding on any voyage;

(b) he may, by summons under his hand, require the attendance of all such persons as he thinks fit to call before him, may examine such persons, and may, by a like summons, require returns in writing to any in quiries he thinks fit to make;

(c) he may require and enforce the production of all books, papers or documents which he considers important; and

(d) he may administer oaths, or may, in lieu of administering an oath, require every person examined by him to make and subscribe a declaration of the truth of the statements made by him in his examination.

Costs of detention and damages incidental thereto

  1. If it appears that there was not reasonable and probable cause, by reason of the condition of the ship or the act or default of the owner, for the provisional detention of a ship, the Federal Government shall be liable to pay to the owner of the ship his costs of and incidental to the detention and survey of the ship, and also compensation for any loss or damage sustained by him by reason of the detention or survey.

  2. If a ship is finally detained under this Part, or if it appears that a ship provisionally detained was at the time of such detention unsafe, or if a ship is detained in pursuance of any ft provision of this Part which provides for the detention of a ship until a certain event occurs, the owner of the ship shall be liable, to pay to the Federal Government its costs of and incidental to the detention and survey of the ship; and such costs shall, without prejudice to any other remedy, be recoverable as salvage is recoverable.

  3. For the purposes of this Act, the costs of and incidental w to any proceeding before a Court of Survey, and a reasonable amount in respect of the remuneration of the surveyor or any c person appointed to represent the Federal Government before the Court, shall be deemed to be part of the costs of the detention and survey of the ship.

  4. When a complaint is made to the Federal Government or a detaining‑officer that a British ship is unsafe, it shall be in the discretion of the Federal Government or the detaining‑officer (as the case may be) to require the complaint to give security to the satisfaction of the Federal.; Government or the detaining officer for the costs and compensation which such complainant may become liable to pay as hereinafter mentioned:

Provided that, where the complaint is made by one‑fourth, being not less than three, of the seamen belonging to the ship, and is not in the opinion of the Federal Government or the detaining‑officer frivolous or vexatious, such security shall not be required; and the Federal Government or the detaining *officer shall,*if the complaint is made in sufficient time before the sailing of the ship, take proper steps to ascertain whether the ship ought to be detained under this Part.

  1. Where a ship is detained in consequence of any com plaint, and the circumstances are such that the Federal Govern ment is liable under this Part to pay to the owner of the ship any costs of compensation, the complainant shall be liable to pay to the Federal Government all such costs and compensation as the Federal Government incurs, or is liable to pay, in respect of the detention and survey of the ship.

  2. When a foreign ship is in a port in Pakistan and is, whilst at that port, unsafe by reason of the defective condition of her hull, equipments or machinery, or by reason of over loading or improper loading, the provisions of this Part with respect to the detention of ships shall apply to that foreign ship as if she were a British ship with the following modifications, namely :‑-----

(i) a copy of the order for the provisional detention of the ship shall forthwith be served on the consular officerfor the country to which the ship belongs at or nearest to the port in which such ship is

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