首页 > 法律法规 > 正文>
斯里兰卡商业航运法
Merchant Shipping Act
【发布部门】斯里兰卡国会 【发文字号】
【发布日期】1988年10月28日 【实施日期】1972年01月25日
【时效性】现行有效 【效力级别】法律
【法规类别】斯里兰卡法规规划 【来源】联合国粮农组织网站

商业航运法

【法律沿革】

本法于1971年制定公布,并于1972年1月25日实施,经1988年10月28日修改。

【内容介绍】

本法规定了商业航运以及与之相关或附带的事务,共有12部分,计333条,并包含1个附件。包括航运控制,船舶登记,航行安全,救助等船舶管理内容。

【内容出处】

http://www.fao.org/faolex/results/details/en/c/LEX-FAOC134319

商业航运法(Merchant Shipping Act)

[28th October , 1988 ]

[25thJanuary , 1972 ]

PART I

INTRODUCTORY

1. This Act may becited as the Merchant Shipping Act, and shall come into operation on suchdate*as the Minister may appoint by Order published in the Gazette. Different datesmay beso appointed for the purposes of the different Parts or provisions ofthis Act.

2. This Act shallextend to the whole of Sri Lanka, and save as otherwise specificallyprovided,shall also apply to :

(a) all Sri Lanka ships wherever they may be;

(b) all ships registered or deemed to be registered underthis Act wherever

they may be;

(c) all ships, not being Sri Lanka ships, licensed underthis Act to engage in the

coasting trade, while engaged in such trade; and

(d) all other ships while in a port or place in, orwithin the territorial waters of,

Sri Lanka:

Provided, however, that this Act shall not apply to anyships of, or commissioned for service in, the Sri Lanka Navy or, while employedotherwise than for profit in the service of Government, any other shipsbelonging to Government.

3.(1) There may beappointed, for the purposes of this Act, a Director of Merchant Shipping whoshall have the general superintendence of this Act and the general supervisionof all matters relating to shipping and seamen throughout Sri Lanka, and isauthorized to carry the provisions of this Act into execution.

(2) Any officer generally or specially authorized in thatbehalf by the Director may exercise, perform or discharge any power, duty orfunction vested in, or imposed or conferred upon, the Director under this Act,and any act done by, to or before any such officer shall be as valid for thepurposes of this Act as if it were done by, to or before the Director.

4. The Minister may,from time to time, give the Director general directions, not inconsistentwiththe provisions of this Act or any other written law, on the policy to bepursued in theadministration of this Act, and the Director shall forthwith takesuch steps as are necessary orexpedient to give effect thereto.

5.(1) There may beappointed, for the purposes of this Act, such deputies and assistants to theDirector, and such other officers as may be necessary.

(2) It shall be lawful for the Director to assign to suchdeputies or assistants and other officers as are referred to in subsection (1)the functions and duties to be carried out by them and every such officerdischarging and performing any functions and duties under this Act shall bedeemed, until the contrary is proved, to be the proper officer for theperformance of that function or duty.

(3) A such officers as are referred to in subsection (1)may exercise, perform or

discharge all or any of the powers, duties or functionsconferred or imposed on

or assigned to them under this Act.

(4) In the exercise, performance and discharge of thepowers, duties or

functions conferred or imposed on or assigned to themunder this Act, the

officers referred to in subsection (1) shall be subjectto the directions and

control of the Director.

6. The Minister mayassign any functions or duties under this Act to any person, by name orbyoffice, and any such person shall, while discharging or performing any suchfunctions orduties so assigned, be deemed to be a proper officer for thepurposes of this Act. All suchpersons in discharging or performing anyfunctions or duties assigned to them under thissection shall be subject to thedirection and control of the Director.

7.(1) There may be appointed,for the purposes of this Act, such number of Shipping Officers (which termshall include Deputy or Assistant Shipping Officers) for each port in Sri Lankaas may be necessary.

(2) It shall be the duty of a Shipping Officer for a port(a) to afford facilities for engaging seamen by keeping registers of theirnames, sea service, and such other particulars as are prescribed by theDirector;

(b) to supervise and facilitate the engagement anddischarge of seamen in the manner required under this Act;

(c) to facilitate the making of apprenticeships to thesea service ;

(d) to perform such other duties relating to seamen,apprentices and ships as under this Act, or any other law for the time being inforce relating to merchant shipping, are committed to such Officer.

(3) Any act done by, to or before a Shipping Officershall be valid and effectual for the purposes of this Act, and shall be deemedto have been done for and on behalf of the Director.

(4) The fees prescribed under this Act shall be payable bythe masters, agents or owners of ships to Shipping Officers in respect of thematters so prescribed.

8. The Minister may,by Notification published in the Gazette, designate any place at any portatwhich a person has been appointed under this Act to be Shipping Officer, to bea ShippingOffice for the transaction of business under this Act.

9. The Director mayin his discretion dispense with the transaction in a Shipping Office, orbeforea Shipping Officer, of any matters required under this Act to be so transacted,andthereupon such matters (if otherwise duly transacted) shall be as valid asif they weretransacted in such office or before a Shipping Officer.

10.(1) There may beappointed, for the purposes of this Act, a Chief Surveyor of Ships for Sri Lanka.There may be appointed, either generally or for special purposes or on specialoccasions, any person to be a Surveyor of Ships, an Engineer and Ship Surveyor,a Nautical Surveyor, or a Radio Surveyor.

(2) The Chief Surveyor of Ships and every Surveyor ofShips shall have and perform the powers, functions and duties conferred orimposed under this Act.

(3) The Chief Surveyor of Ships may delegate the exerciseof any powers conferred on him under this Act to such persons as he may thinkfit.

(4) The duties of a Surveyor shall be performed under thedirection of the Chief Survey or of Ships, and in accordance with any rulesmade under this Act.

11(1) The Directorshall be the Chief Registrar of Sri Lanka Ships.

(2) There may be appointed at any such port as isconsidered necessary a person to be a Registrar of Sri Lanka Ships.

(3) A Registrar of Sri Lanka Ships shall perform hisduties under the direction of the Chief Registrar of Sri Lanka Ships.

(4) A Registrar of Sri Lanka Ships shall not be liable todamages or otherwise for any loss accruing to any person by reason of any actor omission by him in the exercise of his duties as Registrar.

12. The Minister may,by Notification published in the Gazette, delegate to the powers andDirector orthe Chief Surveyor of Ships, or any other officer appointed under this Actandspecified in such Notification, the exercise of any powers (other than thepower to make anysubsidiary legislation) or the performance of any dutiesconferred or imposed on him underthis Act, subject to such conditions andrestrictions as may be specified in such Notification.No such delegation shallaffect the exercise of such power or the performance of such duty bytheMinister; and every officer purporting to act pursuant to any delegation underthis sectionshall, in the absence of proof to the contrary, be presumed to beacting in accordance with theterms of the delegation.

13.(1) There may beappointed, for the purposes of this Act, a Registrar of Seamen.

(2) The Registrar of Seamen shall by means of documentstransmitted to him in pursuance of this Act and by any other means in hispower, keep at his office a register

(a) of all persons who serve in Sri Lanka ships; and

(b) of all seamen (being citizens of Sri Lanka) whoproduce continuous discharge certificates in proof of service in foreign or SriLank a ships.

(3) The Registrar of Seamen shall cause copies of thecertificates produced under paragraph (b) of subsection (2) to be kept at hisoffice.

PART II

CONTROL OF SHIPPING.

14. This Part, otherthan sections 28 and 29, shall apply only to such sea-going ships astheMinister may fix by Notification published in the Gazette. Such Notificationshall come intoforce on such date as may be specified therein.

15.(1) No personshall charter any ship, whether a Sri Lanka ship or not, or being the owner ofany Sri Lanka ship, or the agent of such owner, give or offer to give oncharter any such ship to any other person, except with the previous permissionin writing of the Director, or otherwise than in' accordance with the conditionssubject to which such permission is so granted-

(2) Any person who contravenes or attempts to contravenethe provisions of subsection (1) shall be guilty of an offence and onconviction thereof shall be liable to imprisonment of either description for aterm not exceeding three years, or to a fine not exceeding ten thousand rupees,or to both such imprisonment and fine.

16.(1) No Sri Lankaship, or ship chartered by any person shall be taken to sea from a port orplace within or outside Sri Lanka except under the authority of a licencegranted in that behalf by the Director, or otherwise than in accordance, withthe conditions of such licence.

(2) A licence granted under subsection (1) may, in thediscretion of the Director, be

(a) a general licence; or

(b) a licence for a specified period or a specifiedvoyage.

(3) Subject to the provisions of section 17, a generallicence shall remain valid until it is revoked or cancelled, and a licence fora specified period or a specified voyage shall be valid only for the period orvoyage for which it is granted, unless the period is extended by the Director.

(4) A licence granted under subsection (1) may containsuch conditions as the Director may think fit to impose with respect to thetrades in which the ship may engage and the voyages which it may undertake, andsuch conditions may be imposed so as to apply to the ship wherever it may be orwhile in such waters, or engaged in such trades, or on such voyages, as may bespecified.

(5) Any person who contravenes the provisions ofsubsection (1) shall be guilty of an offence and on conviction thereof shall beliable to imprisonment of either description for a term not exceeding one year,or to a fine not exceeding three thousand rupees, or to both such imprisonmentand fine.

17.(1) Any licencegranted under this Part may be modified, suspended, revoked or cancelled by theDirector, but no such licence shall be revoked or cancelled, unless thelicensee has been given an opportunity of making representations against suchrevocation or cancellation;

Provided that any applicant for registration dissatisfiedwith the decision of the Director may appeal to the Minister in the prescribedmanner.

(2) Where a licence granted under this Part is revoked orcancelled or otherwise ceases to be valid, the licensee shall, within sixtydays after such revocation, cancellation or cessation, return it or cause it lobe returned to the Director.

(3) Any person who contravenes the provisions ofsubsection (2) shall be guilty of an offence and on conviction thereof shall beliable to a fine not exceeding one thousand rupees.

18.(1) Where, inrespect of any such ship as is referred to in section 16 no licence has beengranted or is in force, the Director, if satisfied that it is necessary or expedientin the public interest or in the interest of shipping in general so to do, mayby order in writing, direct the owner or charterers thereof to operate the ship,on any assigned route on such terms and conditions as may be determined by theDirector, and the provisions of this Part shall, so far as may be, apply inrelation to such ship as if the direction were a licence issued under thisPart.

(2) Any person who fails to comply with an order madeunder subsection (1) shall be guilty of an offence and on conviction thereofshall be liable to imprisonment of either description for a term not exceedingone year, or to a fine not exceeding three thousand rupees, or to both suchimprisonment and fine.

19.(1) An officer ofcustoms shall not grant a port clearance to a ship required to take a licenceunder this Part, until the owner or master thereof has produced the requisitelicence and a certificate from the Director to the effect that the conditionsof the licence have been duly fulfilled.

(2) If a ship attempts to proceed to sea without a portclearance, she may be detained until the licence and certificate are producedas required by subsection (1).

20.(1) The Directormay, if satisfied that it is necessary or expedient in the public interest orin the interest of shipping in general so to do, and shall, where so directedby the Minister, by order in writing give, to a ship which has been granted alicence under this Part, directions with respect to all or any of the followingmatters:

(i) the ports or places, whether in or outside Sri Lanka,to which, and the routes by which, the ship shall proceed for any particular purpose;

(ii) the diversion of the ship from one route to anotherfor any particular purpose;

(iii) the dates, if any, of arrival and departure of theship at or from

any port or place;

(iv) the classes of passengers which may be carried inthe ship;

(v).the kind of cargo which may be carried in the shipand the quantity in which such cargo may be put on board by any shipper specifiedin the order;

(vi) the order or priority in which passengers or cargomay be taken on or put off the ship at any port or place, whether in or outsideSri Lanka; and

(vii) the person or persons to whom passages may begiven.

(2) Any person who fails to comply with any directiongiven under subsection (1) shall be guilty of an offence and on convictionthereof shall be liable to imprisonment of either description for a term notexceeding one year, or to a fine not exceeding three thousand rupees, or toboth such imprisonment and fine.

21. The Minister may,by Notification published in the Gazette, constitute a ShippingAllocation Boardto advise him on the matters enumerated in section 20.

22.(1) The Ministermay, from time to time, by Order published in the Gazette, fixthe rates atwhich any Sri Lanka ship may be hired, and the rates which may be charged forcarriage of passengers or cargo by any such ship, or by any ship, other than aSri Lanka ship, engaged in the coasting trade.

(2) Where an Order fixing the rates to be charged forhire, or for the carriage of passengers or cargo, has been published undersubsection (1), no rates, other than the rates so fixed, shall be charged forsuch hire or carriage.

(3) The owner, master, or agent of the owner, of a shipin respect of which the provisions of subsection (2) are contravened shall beguilty of an offence and on conviction thereof shall be liable to imprisonmentof either description for a term not exceeding one year, or to a fine notexceeding three thousand rupees, or to both such imprisonment and fine.

23. The Minister may,by Notification published in the Gazette, constitute a Shipping RatesAdvisoryBoard to advise him on matters referred to in section 22.

24.(1) The Director may,by notice served personally or by post, require the master or owner of any shipin respect of which a licence granted under this Part is in force, to furnishwithin the period specified in the notice, information regarding all or any ofthe following matters :

(i) the classes of passengers and cargo which the ship isabout to carry or is capable of carrying or has carried during any period specifiedin that behalf in the notice ;

(ii) the rates of passenger fares and freight chargesapplicable to the ship; and

(iii) any other matter relating to the aforesaid matterswhich may be specified by rules made by the Minister,

(2) If any person on whom a notice has been served undersubsection (1) fails to furnish the information required within the specifiedtime or in furnishing such information, makes any statement which he knows tobe false in any material particular, he shall be guilty of an offence and onconviction thereof shall be liable to imprisonment of either description for aterm not exceeding one year, or to a fine not exceeding three thousand rupees,or to both such imprisonment and fine.

25.(1) The master orthe agent in Sri Lanka of the owner of any ship, not being a ship referred toin section 20, which engages or is engaged in the carriage of passengers orcargo from any port or place in Sri Lanka to any port or place outside SriLanka shall file a schedule of passenger fares and freight charges applicableto that ship with the Director for the approval of the Minister in so far asthe fares and charges relate to such carriage, and in so approving the Ministermay fix rates or charges reducing or enhancing any such fares or charges.

(2) No fares and charges other than those approved undersubsection (1), shall be charged in respect of any carriage to which the faresand charges so approved relate.

26. Where in respectof any ship to which a licence has been granted under this Part theDirector hasreason to suspect that any of the provisions of this Part is not beingcompliedwith, he may enter, or authorize any other person to enter, on boardthe ship and ask for therelevant documents for examination.

27. If any of theconditions contained in a licence granted under this Part is contravened,themaster and the owner, or, in the case of a ship other than a Sri Lanka ship,the agent in SriLanka of the owner, of the ship in respect of which thecontravention has taken place, shall beguilty of an offence and on convictionthereof shall be liable to imprisonment of eitherdescription for a term notexceeding one year, or to a fine not exceeding three thousandrupees, or to bothsuch imprisonment and fine.

28.(1) The Ministermay, in accordance with the provisions of subsection (2), if hedeems fit,-

(a) declare it an offence for any person either asprincipal or agent to enter into a contract or to be or continue to be a memberof or engaged in any combination in relation to the carriage of goods by sea toand from Sri Lanka in restraint of or with intent to restrain such carriage ofgoods by sea, and prescribe penalties and other punishments for such offence;

(b) declare it an offence for any person to monopolise,or to combine or conspire with any other person to monopolise, anypart of thetrade in relation to the carriage of goods by sea to and from Sri Lanka, andprescribe penalties and other punishments for such offence ;

(c) declare it an offence for any person in relation tothe carriage of goods by sea to and from Sri Lanka either as principal oragent, in respect of dealings in respect of such carriage of goods by sea, tooffer or promise to any other person any rebate, refund, discount, concessionor reward for the reason or upon conditions expressed or implied which theMinister may declare unlawful, and prescribe penalties and other punishmentsfor such offence;

(d) declare it an offence for any person to refuse,either absolutely or except upon disadvantageous conditions, to undertake the carriageof goods by sea to and from Sri Lanka to any other person for any reasondeclared by the Minister to be unlawful, and prescribe penalties and otherpunishments for such offence;

(e) declare any contracts entered into in contraventionof any declarations under the preceding paragraphs (a), (b), (c) and (d) asillegal and void.

(2) The Minister may make regulations for giving effectto the provisions of this section and related matters.

29.(1) The Ministermay make rules for carrying out the purposes of this Part.

(2) In particular and without prejudice to the generalityof the foregoing powers, such rules may provide for all or any of the followingmatters:

(a) the forms of licenses ;

(b) the procedure to be followed by Boards constitutedunder sections 21 and 23;

(c) the manner in which rates shall be fixed undersection 22;

(d) the matters regarding which information may berequired to be furnished under section 24 ;

(e) any other matters relating thereto for which it isnecessary to make provision.

PART III

REGISTRY

CHAPTER I

REGISTRATION OF SRI LANKA SHIPS

30. A ship shall notbe deemed to be a Sri Lanka ship, unless it is owned wholly by-

(a) a natural person who is a citizen of Sri Lanka; or

(b) the Ceylon Shipping Corporation, or anyGovernment-Sponsored Shipping Company or Corporation; or

(c) any body corporate as may be determined by theMinister.

31.(1) Every SriLanka ship shall, unless exempted from registration, be registered under thisAct.

(2) If a ship required by this Act to be registered isnot so registered, such ship shall not be recognized as a Sri Lanka ship.

(3) A ship required by this Act to be registered may bedetained until the master of the ship, if so required, produces thecertificates of the registry of the ship.

(4) The Minister may prescribe the manner in which shipsor classes of ships belonging to the Government of Sri Lanka or any statutorybody therein may be registered under this Act.

32. The followingships are exempted from registration under this Act :

(a) any ship not exceeding fifteen tons net;

(b) any boat licensed under the Boats Ordinance;

(c) any ship referred to in any order made under section46, to such extent as may be specified in such order.

33. Every Registrarof Sri Lanka Ships shall keep a book (to be called the register book)andentries in that book shall be made in accordance with the following provisions:

(a) the property in a ship shall be divided intosixty-four shares;

(b) subject to the provisions of this Act with respect tojoint owners or owners by transmission, not more than sixty-four individualsshall be entitled to be registered at the same time as owners of any one ship :

Provided, however, that the preceding provisions of thisparagraph shall not affect the beneficial interest of any number of persons orof any company represented by or claiming under or through any registered owneror joint owner;

(c) a person shall not be entitled to be registered asowner of a fractional part of a share in a ship, but any number of persons notexceeding five may be registered as joint owners of a ship or of any share orshares therein;

(d) joint owners shall be considered as constituting oneperson only as regards the persons entitled to be registered, and shall not beentitled to dispose in severally of any interest in a ship, or in any sharetherein in respect of which they are registered; and

(e) a body corporate may be registered as owner by itscorporate name.

34.(1) An applicationfor the registry of a ship shall be made

(a) in the case of natural persons, by the personapplying to be registered as owner, or by some one or more persons so applying ifmore than one, or by his or their agent;

(b) in the case of the Ceylon Shipping Corporation, orany Government-Sponsored Shipping Company or Corporation, by their agent; and

(c) in the case of other bodies corporate, by theiragent, and the authority of the agent shall be testified by writing, ifappointed by natural persons, under the hands of the appointers, and if appointedby a body corporate, under the common seal of that body.

(2) The Registrar may demand proof of ownership to hissatisfaction before proceeding with the registry of a ship.

35.(1) A person shallnot be registered as the owner of a Sri Lanka ship or of a share therein untilhe, or in the case of the Ceylon Shipping Corporation, or a Government-SponsoredShipping Company or Corporation or any other body corporate, the personauthorized by this Act to make declarations on its behalf, has made and signeda declaration of ownership in the prescribed form referring to the ship asdescribed in the certificate of a Surveyor and containing the followingparticulars:

(a) a statement whether he is or is not a citizen of SriLanka, or in the case of the Ceylon Shipping Corporation, a statement specifyingthat it was incorporated under the Ceylon Shipping Corporation Act, or in thecase of a Government-Sponsored Shipping Company or Corporation a statementsetting out the interest of the Government and also that it has beenincorporated in Sri Lanka, or in the case of any other body corporate a statementincorporating the Order made by the Minister;

(b) a statement of the time when and the place where theship was built, or if the ship is built outside Sri Lanka and the time and placeof building is not known, a statement to that effect; and in addition in thecase of a ship previously registered outside Sri Lanka a statement of the nameby which she was so registered, or in the case of a ship condemned a statementof the time, place and court at and by which she was condemned ;

(c) a statement of the name of the master and hiscitizenship;

(d) a statement of the number of shares in the ship inrespect of which he or the Ceylon Shipping Corporation, or aGovernment-Sponsored Shipping Company or Corporation, or any other body corporate,as the case may be, is entitled to be registered as owner ; and

(e) a declaration that to the best of his knowledge andbelief no unqualified person or body of persons is entitled as owner to any legalor beneficial interest in the ship or any share therein.

(2) For the purpose of this section, the expression" beneficial interest" has the meaning assigned to it by section 106.

36.(1) A Sri Lankaship shall not be described by any name, other than that by which she is forthe time being registered.

(2) A change shall not be made in the name of a Sri Lankaship except in the prescribed manner.

(3) A Registrar may, in accordance with the provisions ofany regulations made under this Act, refuse the registry of any ship by thename by which it is

proposed to register that ship if it is already the nameof a registered Sri Lanka ship or a name so similar as is calculated or likelyto deceive.

(4) If the registry of a ship by the name by which it isproposed to register that ship is refused by a Registrar, or if anyrequirements of the regulations are not complied with in the case of any shipwhich it is proposed to register, that ship shall not be registered under thename proposed, or until the regulations are complied with, as the case may be.

(5) If any person acts or suffers any other person underhis control to act in contravention of this section or omits to do or suffersany other person under his control to omit to do, anything required by thissection, the ship may be detained until the provisions of this section arecomplied with.

37. On the firstregistry of a ship the following evidence shall be produced in addition tothedeclaration of ownership :

(a) in the case of a Sri Lanka built ship, a builder'scertificate, that is to say, a certificate signed by the builder of the shipand containing a true account of the proper denomination and of the tonnage ofthe ship as estimated by him and of the time when and the place where she wasbuilt and of the name of the person, if any, on whose account the ship wasbuilt and, if there has been any sale, the bill of sale under which the ship ora share therein has become vested in the applicant for registry ;

(b) in the case of a foreign built ship, the sameevidence as in the caqe of a Sri Lanka built ship, unless the declarant whomakes the declaration of ownership declares that the time and place of herbuilding are unknown to him or that the builder's certificate cannot beprocured, in which case there shall be registered only the bill of sale underwhich the ship, or a share therein, became vested in the applicant for registry; and

(c) in the case of a ship condemned by a competentauthority, the official copy of the condemnation.

38.(1) Every ship shall before registry be surveyed by aSurveyor and the tonnage of the ship ascertained in accordance with theprovisions of any regulations made under this Part.

(2) The Surveyor shall grant a certificate specifying theship's tonnage and build, and such other particulars descriptive of theidentity of the ship as may for the time being be required by the Registrar.

(3) The certificate of the Surveyor shall be delivered tothe Registrar before registry.

39.(1) Every SriLanka ship shall before registry be marked permanently and  conspicuously to the satisfaction of theRegistrar as follows :

(a) the name of the ship shall be marked on each of thebows of the ship, and the name of the ship and the name of the port of registryof such ship shall be marked on the stern of the ship, on a dark ground inwhite or yellow letters, or on a light ground in black letters, such letters tobe of a length not less than four inches, and of proportionate breadth ;

(b) the official number and the number denoting theregistered tonnage of the ship shall be cut in on the main beam of the ship (c)a scale of feet denoting the draught of water of the ship shall be marked oneach side of the stem and of the stern post of the ship in Roman capitalletters or in figures, not less than six inches in length, the lower line ofsuch letters or figures to coincide with the draught line denoted thereby, andthose letters or figures shall be marked by being cut in and painted white oryellow on a dark ground, or in such other way as the Registrar approves.

(2) The Chief Registrar may exempt any class of shipsfrom all or any of the requirements of this section.

(3) If the scale of feet showing the ship's draught ofwater is in any respect inaccurate, so as to be likely to mislead, the owner ofthe ship shall be guilty of an offence and on conviction thereof shall beliable to a fine not exceeding one thousand rupees.

(4) The marks required by this section shall bepermanently continued, and no alteration shall be made therein, except in theevent of any of the particulars thereby denoted being altered in the mannerprovided by this Act.

(5) If any owner or master of a Sri Lanka ship neglectsto cause his ship to be marked as required by this section, or to keep her somarked, or if any person conceals, removes, alters, defaces or obliterates orsuffers any other person under his control to conceal, remove, alter, deface orobliterate any of the said marks, except in the event aforesaid, or except forthe purpose of escaping capture by an enemy, that owner, master or other personshall be guilty of an offence and on conviction thereof shall be liable to afine not exceeding two thousand rupees; and on a certificate from a Surveyorthat a ship is insufficiently or inaccurately marked the ship may be detaineduntil the insufficiency or inaccuracy has been remedied.

40. As soon as therequirements of this Act preliminary to registry of a ship have beencompliedwith, a Registrar shall enter in the register book the following particularsrespectingthe ship:

(a) the name of the ship and the name of the port towhich the ship belongs;

(b) the details comprised in the Surveyor's certificate;

(c) the particulars respecting the origin of the shipstated in the declaration of ownership ; and

(d) the name and description of the registered owner orowners of the ship, and if there are more owners than one, the proportions inwhich they are interested in the ship.

41. On the registryof a ship a Registrar shall retain in his possession

(a) the Surveyor's certificate;

(b) the builder's certificate ;

(c) any bill of sale of the ship previously made;

(d) the copy of the condemnation, if any ; and

(e) ail declarations of ownership.

42. The Minister may,by Notification published in the Gazette, direct that, subject to suchrules asmay be made in that behalf, ships belonging to the Government, other than shipsofthe Sri Lanka Navy, may be registered as Sri Lanka ships under this Act andthereupon thisAct, subject to any exceptions and modifications which may bemade in the Notification, eithergenerally or with respect to any class of shipsbelonging to Government, shall apply to shipsbelonging to Government registeredin accordance with the rules as they apply to Sri Lankaships registered in themanner provided by this Act.

43. The port at whicha Sri Lanka ship is registered for the time being shall be deemed to bethe portof registry of the ship and the port to which the ship belongs.

44.(1) The Ministermay make regulations to carry out the purposes of this Part.

(2) In particular, but without prejudice to thegenerality of the foregoing power, such regulations may provide for all or anyof the following matters;

(a) the manner in which the tonnage of any ship shall be ascertained,whether for the purpose of registration or otherwise, including the mode ofmeasurement;

(b) the recognition, for the purpose of ascertaining thetonnage of any ship or for any other purpose, of any tonnage certificate grantedin respect of any ship in any country outside Sri Lanka, the tonnageregulations of which are substantially the same as the tonnage regulations madeunder this Act, including the conditions and restrictions subject to which suchrecognition may be granted;

(c) the manner in which surveys of ships shall beconducted and the form of certificates of surveying officers ;

(d) the form in which any document required by this Partshall be prepared and the particulars which it should contain;

(e) the persons by whom and the authority before whichany declaration required by this Part shall be made and the circumstances inwhich any such declaration may be waived and other evidence accepted;

(f) the procedure for the registration, marking oralteration of the names of Sri Lanka ships;

(g) the fees that may be levied under this Part and themanner in which such fees shall be collected ;

(h) the manner in which Registrars and other authoritiesmay exercise their powers under this Part or maintain their books and otherregisters;

(i) the manner in which ships belonging to theGovernment, to which the provisions of this Act may be made applicable under section42, may be registered;

(j) any other matter which may be or is to be prescribed.

(3) The Director, with the consent of the Minister, mayalso for the purpose of carrying into effect this Part, give such instructionsto his officers as to the manner of making entries in the register book, as tothe execution and attestation of powers of attorney, as to any evidencerequired for identifying any person, as to the referring to himself of anyquestion involving doubt or difficulty, and generally as to any act or thing tobe done in pursuance of this

Act as he thinks fit. 45.(1) Where it appears tothe Chief Registrar that there is any doubt as to the titleof any shipregistered as a Sri Lanka ship to be so registered, he may direct the Registrarof the port of registry of the ship to require evidence to his

satisfaction that the ship is entitled to be registeredas a Sri Lanka ship.

(2) If within such time, not less than thirty days as theChief Registrar may fix, satisfactory evidence of the title of the ship to beregistered is not given, the ship shall be subject to forfeiture.

46. The Minister may,from time to time, by order and either generally or for any period statedinsuch order, and subject to such conditions as may be specified in such order,exempt fromthe provisions of this Part and any regulations made thereunder anyperson or class ofpersons or any ship or class or description of ships.

CHAPTER 2

CERTIFICATE OF REGISTRY

47. On the completionof the registration of a Sri Lanka ship, a Registrar shall grant acertificateof registry comprising the particulars in respect of the ship entered in theregisterbook.

48.(1) If at any portoutside Sri Lanka a ship becomes the property of a person

qualified to own a Sri Lanka ship, a Sri Lanka ConsularOfficer or such other

person as may be appointed by the Minister may grant tothe master of the

ship on his application, a provisional certificate,stating:

(a) the name of the ship

(b) the time and place of her purchase and the names ofthe

purchasers of the ship;

(c) the name of the master of the ship;

(d) the best particulars regarding her tonnage, build,and

description of the ship which he is able to obtain, andshall

forward a copy of the certificate at the first convenientopportunity

to the Chief Registrar.

(2) Such a provisional certificate shall have the effectof a certificate of registry

until the expiration of six months from the date of itsissue or until the ship's

arrival at a port where there is a Registrar, whicheveris earlier, and if either of

these events happens shall cease to have effect.

49.(1)The certificateof registry shall be used only for the lawful navigation of theship, and shallnot be subject to detention by reason of any title, lien, charge orinterestwhatsoever had or claimed by any owner, mortgagee or other person

to, on or in the ship.

(2) No person, whether interested in a ship or not, whohas in his possession

or under his control the certificate of registry of theship, shall refuse or omit

without reasonable cause to deliver such certificate ondemand to the person

entitled to the custody thereof for the purposes of thelawful navigation of the

ship, or to any Registrar, officer of customs, or otherperson entitled by law to

require such delivery.

(3) Any person refusing or omitting to deliver thecertificate as required by

subsection (2) may by order, be summoned by anyMagistrate to appear

before him and to be examined touching such refusal, andunless it is proved

to the satisfaction of the Magistrate that there wasreasonable cause for such

refusal the offender shall be guilty of an offence and onconviction thereof shall

be liable to a fine not exceeding one thousand rupees.

(4) If the person so refusing is proved to have abscondedso that the warrant of

a Magistrate or process of a Court cannot be served onhim, or if he persists in

not delivering up the certificate, the Magistrate shallcertify the fact and the

same proceedings may then be taken as in the case of acertificate mislaid,

lost or destroyed, or as near thereto as circumstancespermit,

50. If the master orowner of a Sri Lanka ship uses or attempts to use for the navigation ofsuchship a certificate of registry not legally granted in respect of the ship heshall, in respectof each offence, be guilty of an offence and on convictionthereof shall be liable toimprisonment of either description for a term notexceeding one year or to a fine notexceeding two thousand rupees, or to bothsuch imprisonment and fine, and the ship shall besubject to forfeiture underthis Act

51. The Registrar ofthe port of registry of a Sri Lanka ship may, with the approval of theChiefRegistrar, and on the delivery to him of the certificate of registry of a ship,grant a newcertificate in lieu thereof.

52. In the event ofthe certificate of registry of a Sri Lanka ship being mislaid, lostordestroyed, the Registrar of the port of registry of the ship shall grant acertificate of registry inlieu of the original certificate of such ship.

53. Where the masterof a registered Sri Lanka ship is changed a Registrar or, if there isnone, theSri Lanka Consular officer at or for the port or the nearest Sri Lanka Consularofficerto the port where the change occurs shall endorse and sign on thecertificate of registry amemorandum of the change, and, in the case of aConsular officer, shall forthwith report thechange to the Chief Registrar; andany officer of customs at any port in Sri Lanka may refuseto admit any personto do any act there as master of a Sri Lanka ship unless his name isinserted inor endorsed on the certificate of registry of the ship as the last appointedmaster ofsuch ship.

54.(1) Whenever achange occurs in the registered ownership of a ship, the

change of ownership shall be endorsed on the certificateof registry of the ship

either by

(a) the Registrar of the ship's port of registry; or

(b) the Registrar of any port at which the ship arriveswho has

been advised of the change by the Registrar of the ship'sport of

registry.

(2) The master shall, for the purpose of such endorsementby the Registrar of

the ship's port of registry, deliver the certificate ofregistry to the Registrar

(a) forthwith after the change, if the change occurs whenthe ship

is at the port of registry of such ship; and

(b) if the change occurs during the absence of the shipfrom the

port of registry thereof, and the endorsement under thissection is

not made before the return of such ship, then, upon thefirst return

of such ship to that port.

(3) The Registrar of any port, not being the ship's portof registry, who is

required to make an endorsement under this section mayfor that purpose

require the master of the ship to deliver to him theship's certificate of registry

so that the ship be not thereby detained, and the mastershall deliver the same

accordingly.

(4) If the master fails to deliver to the Registrar thecertificate of registry as

required by this section he shall be guilty of an offenceand on conviction

thereof shall be liable to a fine not exceeding twothousand rupees.

55.(1) In the eventof a registered ship being either actually or constructively lost,taken by theenemy, burnt, or broken up or ceasing, by reason of a transfer to

persons not qualified to be owners of a Sri Lanka ship,or otherwise, to be a Sri

Lanka ship, every owner of the ship or any share in theship shall, immediately

on obtaining knowledge of the event, if no notice thereofhas already been

given to a Registrar, give notice thereof to theRegistrar at the port of registry

of such ship.

(2) A Registrar shall, on receiving any notice given tohim under subsection (1),

make an entry thereof in the register book, and theregistry of the ship in that

book shall be considered as closed except in so far asrelates to any

unsatisfied mortgages or existing certificates ofmortgage entered therein.

(3) In any event referred to in subsection (1) (exceptwhere the ship's

certificate of registry is lost or destroyed) the masterof the ship shall

(a) if the event occurs in port, immediately;

(b) if the event occurs elsewhere, then, within ten daysafter his

arrival in port, deliver the certificate to the Registraror, if there is

none, to the Sri Lanka Consular officer there; and theRegistrar, if

he is not himself the Registrar of the port of registry,or, as the

case may be, the Sri Lanka Consular officer, shallforthwith

forward the certificate delivered to him to the Registrarof the port

of registry of such ship.

(4) Any owner or master of a ship who fails, withoutreasonable cause, to

comply with this section, shall be guilty of an offenceand on conviction thereof

shall be liable to a fine not exceeding two thousandrupees.

CHAPTER 3

TRANSFER OF OWNERSHIP

56.(1) A registeredship or a share therein (when disposed of to a person qualifiedto own a SriLanka ship) shall be transferred by a bill of sale.

(2) The bill of sale shall

(a) be in the prescribed form ;

(b) contain such description of the ship as is containedin the

certificate of registry; and

(c) be executed by the transferor in the presence of, and beattested by,two witnesses.

57. Where aregistered ship or a share therein is transferred, the transferee shall notbeentitled to be registered as owner thereof until he, or, in the case of abody corporate theperson authorized by this Act to make declarations on behalfof the body corporate, has madeand signed a declaration (in this Act referredto as a " declaration of transfer ") referring to theship andcontaining

(a) a statement of the qualification of the transferee toown a Sri Lanka ship or,

if the transferee is a body corporate, of suchcircumstances of the constitution

and business thereof as prove it to be qualified to own aSri Lanka ship ; and

(b) a declaration that, to the best of his knowledge andbelief, no unqualified

person or body of persons is entitled as owner to anylegal or beneficial

interest in the ship or any share therein.

58.(1) Every bill ofsale for the transfer of a registered ship or of a share therein,

when duly executed, shall be produced to the Registrar ofthe port of registry of

the ship with the declaration of transfer, and theRegistrar

(a) shall thereupon enter in the register book the nameof the

transferee as owner of the ship or share ; and

(b) shall endorse on the bill of sale the fact of thatentry having

been made, with the day, date and hour thereof.

(2) Bills of sale of a ship or of a share therein shallbe entered in the register

book in the order of their production to the Registrar.

59.(1) Where theproperty in a registered ship or share therein is transmitted to a

person qualified to own a Sri Lanka ship on thebankruptcy or death of any

registered owner, or by any lawful means, other than by atransfer under this

Part,

(a) that person shall authenticate the transmission bymaking and

signing a declaration (in this Act referred to as a" declaration of

transmission ") identifying the ship and containingthe several

statements hereinbefore required to be contained in adeclaration

of transfer, or as near thereto as circumstances admit,and also a

statement of the manner in which and the person to whomthe

property has been transmitted ;

(b) if the transmission is consequent on bankruptcy, the

declaration of transmission shall be accompanied by such

evidence as is for the time being receivable in Courts ofJustice as

proof of the title of persons claiming under a bankruptcy; and

(c) if the transmission is consequent on death, thedeclaration of

transmission shall be accompanied by the instrument of

representation, or an official extract therefrom.

(2) The Registrar, on receipt of the declaration oftransmission so

accompanied, shall enter in the register book the name ofthe person entitled

under the transmission as owner of the ship or share theproperty in which has

been transmitted and, where there is more than one suchperson, shall enter

the names of all those persons, but those persons,however numerous, shall

for the purpose of the provisions of this Act withrespect to the number of

persons entitled to be registered as owners, beconsidered as one person.

60.(1) Where theproperty in a registered ship or share therein is transmitted on

bankruptcy, death or otherwise to a person not qualifiedto own a Sri Lanka

ship the High Court may, on application by or on behalfof the unqualified

person, order a sale of the property so transmitted, anddirect that the

proceeds of the sale, after deducting the expensesthereof, be paid to the

person entitled under such transmission or otherwise asthe Court may direct.

(2) The High Court may require any evidence in support ofthe application as it

thinks requisite, and may make the order on any terms andconditions it thinks

just, or may refuse to make the order, and generally mayact in the case as the

justice of the case requires.

(3) Every such application for sale must be made withinfour weeks after the

occurrence of the event on which the transmission hastaken place, or within

such further time (not exceeding in the whole one yearfrom the date of the

occurrence) as the High Court may allow.

(4) If such an application is not made within the timeaforesaid, or if the High

Court refuses an order for sale, the ship or sharetransmitted shall thereupon

be subject to forfeiture under this Act.

(5) In this section " High Court " includes theHigh Court having admiralty

jurisdiction under section 13 of the Judicature Act.

61.(1) Where anyCourt, whether under the preceding sections of this Act or

otherwise, orders the sale of any ship or any sharetherein, the order of the

Court shall contain a declaration vesting in some personnamed by the Court

the right to transfer that ship or share.

(2) On having been named by the Court, such person shallbe entitled to

transfer the ship or share in the same manner and to thesame extent as if he

were the registered owner thereof.

(3) Every Registrar shall obey the requisition of theperson so named by the

Court in respect of any such transfer to the same extentas if such person were

the registered owner.

62.(1) The High Courtmay if it thinks fit (without prejudice to the exercise of anyother power ofthe Court), on the application of any interested person, make anorderprohibiting for a specified time any dealing with a ship or any share

therein.

(2) The High Court may make an'*order under subsection(I) on any terms or

conditions it thinks just, or may refuse to make theorder or may discharge the

order when made, with or without costs, and generally mayact in the case as

the justice of the case requires.

(3) Every Registrar, without being made a party to theproceedings, shall on

being served with the order of the High Court or anofficial copy thereof obey

the same.

CHAPTER 4

MORTGAGES

63. The rules of lawapplicable in the case of mortgages of ships shall be the rules oflawapplicable in that behalf in the United Kingdom, except in so far as theyare inconsistent or inconflict with the express provisions of this Act.

64.(1) A registeredship, or a share therein, may be made a security for a loan or

other valuable consideration, and the instrument creatingsuch security (in this

Chapter referred to as a " mortgage ") shall bein the prescribed form, or as

near thereto as circumstances permit.

(2) On production to him of an instrument of mortgage,the Registrar of the

ship's port of registry shall

(a) record such instrument in the register book;

(b) when there are more mortgages than one, record themin the

order in time in which they are produced to him for thatpurpose;

(c) by memorandum under his hand notify on each mortgagethat

it has been recorded by him, stating the day, date andhour of that

record.

65.(1) Where aregistered mortgage is discharged the Registrar shall, on

production of the mortgage deed with a receipt for themortgage money

endorsed thereon, duly signed and attested, make an entryin the register book

to the effect that the mortgage has been discharged.

(2) On the entry referred to in subsection (1) beingmade, the estate (if any)

which passed to the mortgagee shall vest in the person inwhom (having

regard to intervening acts and circumstances, if any) itwould have vested if the

mortgage had not been made.

66. If there are moremortgages than one registered in respect of the same ship or share,themortgages shall, notwithstanding any express, implied or constructivenotice, be entitled inpriority, one over the other, according to the date atwhich each mortgage is recorded in theregister book and not according to thedate of each mortgage itself.

67. Except as far asmay be necessary for making a mortgaged ship or share available as asecurityfor the mortgage debt, the mortgagee shall not by reason of the mortgage bedeemedthe owner of the ship or share, nor shall the mortgagor be deemed to haveceased to be theowner thereof.

68.(1) Everyregistered mortgagee shall. subject to subsection (2), have power

(a) absolutely to dispose of the ship or share in respectof which

he is registered ; and

(b) to give effectual receipts for the purchase money.

(2) Where there are more persons than one registered asmortgagees of the

same ship or share a subsequent mortgagee shall not,except under the order

of a court of competent jurisdiction, sell the ship orshare without the

concurrence of every prior mortgagee.

69. A registeredmortgage of a ship or share shall not be affected by any act ofbankruptcycommitted by the mortgagor after the date of the record of themortgage, notwithstanding thatthe mortgagor at the commencement of hisbankruptcy had the ship or share in. hispossession, order or disposition, orwas reputed owner thereof; and the mortgage shall bepreferred to any right,claim or interest therein of the other creditors of the bankrupt, or anytrusteeor assignee on their behalf.

70.(1) A registeredmortgage of a ship or share .may be transferred to any person,

and the instrument effecting the transfer shall be in theprescribed form, or as

near thereto as circumstances permit.

(2) On production to him of an instrument of transfer,the Registrar of the ship's

port of registry shall

(a) record such instrument by entering in the registerbook the

name of the transferee as mortgagee of the ship or share;and

(b) by memorandum under his hand notify on the instrumentof

transfer that it has been recorded by him, stating theday, date

and hour of that record.

(3) The person to whom any such mortgage has beentransferred shall enjoy

the same right of preference as was enjoyed by the transferor.

71.(1) Where theinterest of a mortgagee in a ship or share is transmitted by

bankruptcy, death, or by any lawful means, other than bya transfer under this

Part, the transmission shall

(a) be authenticated by a declaration of the person towhom the

interest is transmitted, containing a statement of themanner in

which and the person to whom the property has beentransmitted ;and

(b) be accompanied by the like evidence as is by thisPart

required in the case of a corresponding transmission ofthe

ownership of a ship or share.

(2) The Registrar, on the receipt of the declaration andthe production of the

evidence referred to in subsection (1), shall enter thename of the person

entitled under the transmission in the register book asmortgagee of the ship or

share.

72. Where aregistered owner of a ship or share wishes to dispose by way of mortgage orsaleof such ship or share at any place outside Sri Lanka, he may apply to theRegistrar of theship's port of registry, and the Registrar shall thereupon enablehim to do so by granting acertificate of mortgage or a certificate of sale.

73. Before acertificate of mortgage or sale is granted, the applicant shall state totheRegistrar, and the Registrar shall enter in the register book, the followingparticulars :

(a) the name of the person by whom the power mentioned inthe certificate is

to be exercised ;

(b) in the case of a mortgage, the maximum amount ofcharge to be created, if

it is intended to fix any such maximum;

(c) in the case of a sale, the minimum price at which asale is to be made, if it

is intended to fix any such minimum;

(d) the place where the power is to be exercised or, ifno place is specified, a

declaration that it may be exercised anywhere, subject tothe provisions of this

Act; and

(e) the limit of time within which the power may beexercised.

74. A certificate ofmortgage or sale, as is referred to in section 72, shall not be granted so astoauthorize any mortgage or and sale to be made

(a) at any place within Sri Lanka; or

(b) by any person not named in the certificate.

75. A certificate ofmortgage certificate of sale shall contain

(a) a statement of the several particulars directed bythis Act to be entered in

the register book on the application for the certificate; and

(b) an enumeration of any registered mortgages orcertificates of mortgage or

sale affecting the ship or share in respect of which thecertificate is given.

76. The followingrules shall observed as to certificates of mortgage :-

(a) the power shall be exercised in conformity with thedirections contained in

the certificate;

(b) every mortgage made thereunder shall be registered bythe endorsement

of a record thereof on the certificate by a Registrar orSri Lanka Consular

officer;

(c) a mortgage made in good faith thereunder shall not beimpeached by

reason of the person by whom the power was given dyingbefore the making of

the mortgage ;

(d) whenever the certificate contains a specification ofthe place at which, and

a limit of lime not exceeding twelve months within which,the power is to be

exercised, a mortgage made in good faith to a mortgageewithout notice shall

not be impeached by reason of the bankruptcy of theperson by whom the

power was given;

(e) every mortgage which is so registered as aforesaid onthe certificate shall

have priority over all mortgages of the same ship orshare created

subsequently to the dale of the entry of the certificatein the register book; and,

if there are more mortgages than one so registered, therespective mortgagees

claiming thereunder shall, notwithstanding any express,implied or constructive

notice, be entitled one before the other according to thedate at which each

mortgage is registered on the certificate, and notaccording to the date of the

mortgage ;

(f) subject to the foregoing rules, every mortgagee whosemortgage is

registered on the certificate shall have the same rightsand powers and be

subject to the same liabilities as he would have had andbeen subject to if his

mortgage had been registered in the register book insteadof on the certificate ;

(g) the discharge of any mortgage so registered on thecertificate may be

endorsed on the certificate by any Registrar or Sri LankaConsular officer, on

the production of such evidence as is by this Actrequired to be produced to

the Registrar on the entry of the discharge of a mortgagein the register book ;

and on that endorsement being made the interest, if any,which passed to the

mortgagee shall vest in the same person or persons inwhom it would (having

regard to intervening acts and circumstances, if any)have vested, if the

mortgage had not been made;

(h) on the delivery of any certificate of mortgage to theRegistrar by whom it

was granted he shall, after recording in the registerbook, in such manner as to

preserve its priority, any unsatisfied mortgageregistered thereon, cancel the

certificate, and enter the fact of the cancellation inthe register book; and every

certificate so cancelled shall be void to all intents.

77. The followingrules shall be observed as to certificates of sale :

(a) a certificate of sale shall not be granted except forthe sale of an entire

ship;

(b) the power shall be exercised in conformity with thedirections contained in

the certificate;

(c) a sale made in good faith thereunder to a purchaserfor valuable

consideration shall not be impeached by reason of theperson by whom the

power was given dying before the making of such sale;

(d) wherever the certificate contains a specification ofthe place at which, and a

limit of time not exceeding twelve months within which,the power is to be

exercised, a sale made in good faith to a purchaser forvaluable consideration

without notice shall not be impeached by reason of thebankruptcy of the

person by whom the power was given;

(e) a transfer made to a person qualified to be the ownerof a Sri Lanka ship

shall be by a bill of sate in accordance with this Act;

(f) if a ship is sold to a person qualified to be theowner of a Sri Lanka ship, the

ship shall be registered anew; but notice of allmortgages enumerated on the

certificate of sale shall be entered in the registerbook;

(g) before registry anew there shall be produced to theRegistrar required to

make the same the bill of sale by which the ship is transferred,the certificate of

sale, and the certificate of registry of such ship ;

(h) the last-mentioned Registrar shall retain thecertificates of sale and registry

and, after having endorsed on both of those instrumentsan entry of the fact of

a sale having taken place, shall forward them to theRegistrar of the port

appearing thereon to be the former port of registry ofthe ship, and the lastmentionedRegistrar shall thereupon make a memorandum ofthe sale in his

register book, and the registry of the ship in that bookshall be considered as

closed, except as far as relates to any unsatisfiedmortgages or existing

certificates of mortgage entered therein ;

(i) on such registry anew the description of the shipcontained in her original

certificate of registry may be transferred to the newregister book, without her

being re-surveyed, and the declaration to be made by thepurchaser shall be

the same as would be required to be made by an ordinarytransferee ;

(j) if a ship is sold to a person not qualified to be theowner of a Sri Lanka ship,

the bill of sale by which the ship is transferred, thecertificate of sale, and the

certificate of registry shall be produced to a Registraror Sri Lanka Consular

officer, and that Registrar or officer shall retain the certificatesof sale and

registry and, having endorsed thereon the fact of thatship having been sold to

a person not qualified to be the owner of a Sri Lankaship, shall forward the

certificates to the Registrar of the port appearing onthe certificate of registry to

be the port of registry of that ship; and that Registrarshall thereupon make a

memorandum of the sale in his register book, and theregistry of the ship in

that book shall be considered as closed except so far asrelates to any

unsatisfied mortgages or existing certificates ofmortgage entered therein;

(k) if, on a sale being made to a person not qualified tobe the owner of a Sri

Lanka ship, default is made in the production of suchcertificates as are

mentioned in the last preceding rule, that person shallbe considered by the

law of Sri Lanka as having acquired no title to orinterest in the ship ; and

further, the person upon whose application thecertificate of sale was granted,

and the person exercising the power, shall each be guiltyof an offence and on

conviction thereof shall be liable to a fine notexceeding one thousand rupees;

(l) if no sale is made in conformity with the certificateof sale, that certificate

shall be delivered to the Registrar by whom the same wasgranted; and he

shall thereupon cancel it and enter the fact of thecancellation in the register

book; and every certificate so cancelled shall be voidfor all intents and

purposes.

78. On proof at anytime to the satisfaction of the Chief Registrar that a certificate ofmortgageor sale is lost or destroyed, or so obliterated as to be useless, and that thepowersthereby given have never been exercised or, if they have been exercised,then, on proof ofthe several matters and things that have been done thereunder,the Registrar may, with thesanction of the Chief Registrar, as circumstancesrequire either issue a new certificate ordirect such entries to be made in theregister books, or such other things to be done, as mighthave been made or doneif the loss, destruction or obliteration had not taken place.

79.(1) The registeredowner of any ship or share therein in respect of which a

certificate of mortgage or sale has been granted,specifying the places where

the power thereby given is to be exercised, may, by aninstrument under his

hand, authorize the Registrar by whom the certificate wasgranted to give

notice to the Registrar or Sri Lanka Consular officer atevery such place that

the certificate is revoked.

(2) Notice shall thereupon be given accordingly, andshall be recorded by the

Registrar or Sri Lanka Consular officer receiving it, andafter it is recorded the

certificate shall be deemed to be revoked and of noeffect so far as respects

any mortgage or sale to be thereafter made at that place.

(3) After a notice has been recorded under subsection(2), it shall be exhibited

to every person applying for the purpose of effecting orobtaining a mortgage

or transfer under the certificate.

(4) A Registrar or Sri Lanka Consular officer shall, onrecording any such

notice, state to the Registrar by whom the certificatewas granted whether any

previous exercise of the power to which such certificaterefers has taken place.

CHAPTER 5

MARITIME LIENS

80. The provisions ofthis Chapter shall apply to all sea-going ships registered under thisPart.

81. Subject to theprovisions of sections of 92 and 93 the Registrar, or any Sri LankaConsularofficer at any port where the ship may be, shall not cancel the registration ofa shipwithout the written consent of the holder of any mortgage or otherpreferential right in suchship, registered under Chapter 4.

82. A ship which isor has been registered in the territory of any State which has ratifiedoracceded to the International Convention for the Unification of Certain Rulesrelating toMaritime Liens and Mortgages concluded at Brussels on 27th May,1967, shall not beregistered under this Part unless

(a) a certificate has been issued by such State to theeffect that the ship has

been de-registered ; or

(b) a certificate has been issued by such State to theeffect that the ship will be

de-registered on the day when such new registration iseffected.

83. Maritime liens ofa ship shall arise out of

(a) wages and other sums due to the master, officers andother members of

the ship's complement, in respect of their employment onthe ship ;

(b) port, canal and other waterway dues and pilotagedues;

(c) claims against the owner (which term shall for thepurposes of this section

also include the charterer, manager or operator of theship) in respect of loss

of life or personal injury occurring, whether on land orwater, in direct

connexion with the operation of the ship ;

(d) claims against the owner, based on a wrongful act andnot capable of being

based on contract, in respect of loss of or damage to propertyoccurring,

whether on land or on water, in direct connexion with theoperation of the ship ;

(e) claims for salvage, wreck removal and contribution ingeneral average.

84. The maritimeliens set out in section 83 shall take priority over mortgages andpreferentialrights registered under Chapter 4, or arising under the State Debtors Ordinanceorthe Insolvency Ordinance, and no other claim shall take priority over them,except as isprovided in section 86.

85. The maritimeliens set out in section 83

(a) shall rank in the order in which they are set down inthat section, provided

however that maritime liens securing claims for salvage,wreck removal and

contribution in general average shall lake priority overall other maritime liens

which have attached to the ship prior to the time whenthe operations giving

rise to such liens were performed ;

(b) shall, in the case of claims arising under paragraphs(a), (b), (c) and (d) of

section 83. rank pan passes among themselves;

(c) shall, in the case of claims arising under paragraph(e) of section 83, rank

in the inverse order of the time when the claim securedthereby accrued; and

for this purpose claims for salvage shall be deemed tohave accrued on the

date on which the salvage operation was terminated, and claimsfor general

average shall be deemed to have accrued on the day onwhich the general

average act was performed.

86. Where apreferential right arises, pursuant to the provisions of the StateDebtorsOrdinance or the Insolvency Ordinance in respect of a ship in thepossession of

(a) a shipbuilder, in order to secure claims for thebuilding of the ship, or

(b) a ship repairer, in order to secure claims for therepair of the ship, effected

during such possession, such right shall be postponed toall the maritime liens

set out in section 83 but may take precedence of anymortgage or other

preferential right registered under Chapter 4, so long asthe ship is in the

possession of the shipbuilder or ship repairer, as thecase may be.

87. The maritimeliens set out in section 83

(a) shall arise whether the claims secured by such liensare against the owner,

charterer, manager or operator of the ship;

(b) shall (subject to the provisions of section 92)follow the ship,

notwithstanding any change of ownership or ofregistration.

88. A maritime lienshall not attach to a ship to secure a claim under paragraph (c) or (d)ofsection 83 where such claim arises out of or results from the radioactiveproperties (or acombination of the radioactive properties with toxic, explosiveor other hazardous properties)of nuclear fuel or of radioactive products orwaste.

89. The maritimeliens relating to a ship set out in section 83 shall be barred byprescriptionafter a period of one year from the time when the claims secured therebyarose unless, priorto the expiry of such period

(a) the ship has been arrested ; and

(b) such arrest has led to a forced sale.

90. The one-yearperiod of prescription referred to in section 89 shall not be subjecttointerruption or suspension, pursuant to the provisions of any written law forthe time being inforce relating to prescription or the limitation of actions,but any period in which the person inwhose favour a maritime lien exists islegally prevented from arresting the ship shall constitutean interruption ofsuch period.

91. Prior to theforced sale of a ship, pursuant to the provisions of the Civil Procedure Codeorany other law for the time being in force relating to the sale of property inadmiraltyproceedings, the executing officer shall give or cause to be giventhirty days' written notice ofthe time and place of such sale to

(a) all holders of mortgages and other preferentialrights registered under

Chapter 4 which have not been issued to bearer;

(b) such holders of such mortgages and rights as havebeen issued to bearer,

whose claims have been notified to such officer;

(c) such holders of maritime liens set out in section 83,whose claims have

been notified to such officer;

(d) the Registrar of the port of registration of theship.

92. In the event ofthe forced sale of a ship in accordance with the provisions of theCivilProcedure Code or any other law for the time being in force relating tothe sale of properly inadmiralty proceedings, and this Chapter

(a) all mortgages and other preferential rightsregistered under Chapter 4

(except those assumed by the purchaser with the consentof the holders

thereof), and

(b) all liens and other encumbrances of whatsoever nature(but not including a

charter party or contract for the use of the ship), shallcease to attach to theship.

93. The costs awardedby the Court and arising out of the arrest and subsequent sale of aship and thedistribution of the proceeds thereof shall be paid first out of the proceeds ofsuchsale, and the balance shall be distributed among

(a) the holders of maritime Hens under section 83;

(b) the holders of preferential rights under section 86 ;and

(c) the holders of mortgages and other preferentialrights registered under

Chapter 4, in accordance with the provisions of thisChapter and to the extent

necessary to satisfy their claims.

94. When a ship,registered in the territory of any State which has ratified or acceded totheInternational Convention for the Unification of Certain Rules relating toMaritime Liens andMortgages concluded at Brussels on 27th May, 1967, has beenthe subject of a forced sale inSri Lanka, the executing officer shall, at therequest of the purchaser, and on being satisfiedthat the provisions of thisChapter have been complied with, issue a certificate that the ship issold freeof all mortgages, liens and other rights (except those assumed by thepurchaser),provided that the proceeds of such forced sale have been depositedwith the authoritycompetent to distribute such proceeds to the persons entitledthereto.

95. On receiving fromthe competent authority of any State referred to in section 94 anycertificateof the nature referred to in such section and relating to any ship registeredunderthis Act, the Registrar shall delete from the register all mortgages andother preferential rightsrelating to such ship (except those assumed by thepurchaser) or, as the case may be, issuea certificate of de-registration forthe purpose of re-registration.

CHAPTER 6

ALTERATIONS IN SHIPS ANDREGISTRY

96.(1) When a registeredSri Lanka ship is so altered as not to correspond with the particulars relatingto her tonnage or description contained in the register book, then,

(a) if the alteration is made at any port having aRegistrar, that Registrar; or

(b) if the alteration is made elsewhere, the Registrar ofthe first port having a Registrar at which the ship arrives after the alteration,shall, on application being made to him and on receipt of a certificate fromthe proper Surveyor stating the particulars of the alteration, either

(i) cause the alteration to be registered; or

(ii) direct that the ship be registered anew.

(2) If default is made in registering anew a ship, or inregistering an alteration

of a ship so altered as aforesaid, the owner of the shipshall be guilty of an

offence and on conviction thereof shall be liable to afine not exceeding two

thousand rupees and, in addition, to a fine of onehundred rupees for every

day during which the offence continues after conviction.

97.(1) For thepurpose of the registry of an alteration in a Sri Lanka ship, the

registry of ships certificate shall be produced to theRegistrar, and the

Registrar shall either

(a) retain the certificate of registry and grant a newcertificate of

registry containing a description of the ship as altered; or

(b) endorse and sign on the existing certificate amemorandum of

the alteration.

(2) The particulars of the alteration so made and thefact of the new certificate

having been granted or an endorsement having been madeshall be entered

by the Registrar of the ship's port of registry in hisregister book; and for that

purpose the Registrar to whom the application for theregistry of the alteration

has been made (if he is not the Registrar of the ship'sport of registry) shall

forthwith report to the last-mentioned Registrar theparticulars and facts as

aforesaid accompanied (where a new certificate ofregistry has been granted)

by the old certificate of registry.

98. Where theownership of any Sri Lanka ship is changed, the Registrar of the port atwhichthe ship is registered may, on the application of the owner of the ship,register the ship anew,although registration anew is not required under thisAct.

99.(1) Where a shipis to be registered anew, the Registrar

(a) shall proceed as in the case of first registry; and

(b) on the delivery up to him of the existing certificateof registry

and on the other requisites to registry (or, in the caseof a change

of ownership, such of them as he thinks material) beingduly

complied with, shall make such registry anew, and grant a

certificate accordingly.

(2) When a ship is registered anew

(a) her former register shall be considered as closed,except so

far as relates to any unsatisfied mortgage or existingcertificates of

sale or mortgage entered thereon; but

(b) the names of all persons appearing on the formerregister to

be interested in the ship as owners or mortgagees shallbe

entered on the new register, and the registry anew shallnot in any

way affect the rights of any of those persons.

100.(1) Where any Registrar, not being the Registrar of the ship's port ofregistry,

on an application as to an alteration in a ship, directsthe ship to be registered

anew, he shall either grant a provisional certificatedescribing the ship as

altered or provisionally endorse the particulars of thealteration on the existing

certificate.

(2) Every such provisional certificate, or certificateprovisionally endorsed,

shall, within ten days after the first subsequent arrivalof the ship at her port of

discharge in Sri Lanka, be delivered to the Registrarthereof and that Registrar

shall cause the ship to be registered anew.

(3) The Registrar granting a provisional certificate orprovisionally endorsing a

certificate under this section shall add to thecertificate or endorsement a

statement that the same is made provisionally, and shallsend a report of the

particulars of the case to the Registrar of the ship'sport of registry containing a

similar statement as the certificate or endorsement,

101.(1) The registryof any Sri Lanka ship may be transferred from one port to

another on the application to the Registrar of theexisting port of registry of the

ship, made by declaration in writing of all personsappearing on the register to

be interested therein as owners or mortgagees, but thattransfer shall not in

any way affect the rights of those persons or any ofthem, and those rights

shall in all respects continue in the same manner as ifno such transfer had

been effected.

(2) On any application made under subsection (1), theRegistrar shall transmit

notice thereof to the Registrar of the intended port ofregistry with

(a) a copy of all documents relating to the ship; and

(b) the names of all persons appearing on the register tobe

interested therein as owners or mortgagees.

(3) The ship's certificate of registry shall be deliveredup to the Registrar either

of the existing or intended port of registry and, ifdelivered up to the former,

shall be transmitted to the Registrar of the intendedport of registry.

(4) On the receipt of the above documents the Registrarof the intended port of

registry shall enter in his register book all theparticulars and names so

transmitted as aforesaid, and grant a fresh certificateof registry, and thereafter

such ship shall be considered as registered at the newport of registry, and the

name of the ship's new port of registry shall besubstituted for the name of her

former port of registry on the ship's stern.

102. Where a ship hasceased to be registered as a Sri Lanka ship by reason of havingbeen wrecked orabandoned, or for any reason other than capture by the enemy or transfer toaperson not qualified to own a Sri Lanka ship, the ship shall not bereregistered until suchship has, at the expense of the applicant forregistration, been surveyed by a Surveyor andcertified by him to be seaworthy,

MERCHANT SHIPPING(103 - 197)

AN ACT TO AMEND AN D CONSOLIDATE THE LAW RELATING TOMERCHANTSHIPPING IN FORCE IN SRI LANKA, AND TO MAKE PROVISION FORMATTERSCONNECTED THEREWITH OR INCIDENTAL THERETO.

 

CHAPTER 7

MISCELLANEOUS PROVISIONS

103. Where, by reasonof infancy, lunacy or any other cause, any person interested in anyship, or anyshare therein, is incapable of making any declaration or doing anythingrequiredor permitted by this Act to be made or done in connexion with theregistry of the ship or share,the guardian, if any, of that person, or if thereis none, any person appointed on applicationmade on behalf of the incapableperson, or of any other person interested, by any court orjudge havingjurisdiction in respect of the property of incapable persons, may makesuchdeclaration or a declaration as nearly corresponding thereto ascircumstances permit, and dosuch act or thing in the name and on behalf of theincapable person ; and all things done bythe substitute shall be as effectualas if done by the person for whom he is substituted.

104. No notice of anytrust, express, implied or constructive, shall be entered in the registerbookor be receivable by the Registrar, and (subject to any rights and powersappearing bythe register book to be vested in any other person) the registeredowner of a ship or of ashare therein shall have power absolutely to dispose inmanner by this Act provided of theship or share, and to give effectual receiptsfor any money paid or advanced by way ofconsideration.

105. Where any personhas any beneficial interest (otherwise than by way of mortgage) inany ship orshare in a ship registered in the name of some other person or owner, thepersonso interested shall, as well as the registered owner, be subject to allpecuniary penaltiesimposed by this or any other Act on the owners of ships orshares therein, so neverthelessthat proceedings may be taken for theenforcement of any such penalties against both oreither of the aforesaidparties, with or without joining the other of them.

106. The expression"beneficial interest", used in sections 35 and 105, includesinterestsarising under contract, and other equitable interests; and theintention of this Act is that,without prejudice to

(a) the provisions of this Act for the granting of noticeof trust from being

entered in the register book or received by theRegistrar; or

(b) the powers of disposition and of giving receiptsconferred by this Act on

registered owners and mortgagees; or

(c) the provisions of this Act relating to the exclusionof unqualified persons

from the ownership of Sri Lanka ships, interests arisingunder contract or other

equitable interests may be enforced by or against ownersand mortgagees of

ships in respect of their interests therein, in the samemanner as in respect of

any other personal property.

107.(1) The name andaddress of the managing owner for the time being of every

ship registered at a port in Sri Lanka shall beregistered at the shipping office

of that port.

(2) Where there is no managing owner, there shall be soregistered the name

of the ship's husband or other person to whom themanagement of the ship is

entrusted by or on behalf of the owner; and any personwhose name is so

registered shall, for the purposes of this Act, be underthe same obligations,

and subject to the same liabilities, as if he were themanaging owner.

(3) If default is made in complying with this section theowner or, if there are

more owners than one each owner, shall be guilty of anoffence and on

conviction thereof shall be liable, in proportion to hisinterest in the ship, to a

fine not exceeding in the whole two thousand rupees eachtime the ship leaves

any port in Sri Lanka.

108. When, under thisPart, any person is required to make a declaration on behalf ofhimself or ofany body corporate, or any evidence is required to be produced to aRegistrar,and it is shown to the satisfaction of the Registrar that from anyreasonable cause that personis unable to make the declaration, or that theevidence cannot be produced, the Registrarmay, with the approval of the ChiefRegistrar, on the production of such other evidence, andsubject to such termsas he may think fit, dispense with the declaration or evidence.

109.(1) Declarationsrequired by this Part shall be made before

(a) a Registrar;

(b) a Magistrate or Justice of the Peace;

(c) any Master Attendant* ; or

(d) a Sri Lanka Consular officer.

(2) Declarations required by this Part may be made onbehalf of a bodycorporate

(a) by the secretary; or

(b) by any other officer of the body corporate,authorized by thatbody for the purpose.

110. Every Registrarat a port in Sri Lanka shall, on or before the first day of February andthefirst day of August in every year, or on such other days as the Minister mayprescribe,transmit to the Chief Registrar

(a) a full return in such form as the Chief Registrar mayrequire, of all

registries, transfers, transmissions, mortgages and otherdealings with ships

which have been registered by or communicated to him inhis capacity as

Registrar, and of the names of the persons concerned inthe same, and of

such other particulars as may be required by the ChiefRegistrar; and

(b) a list of all Sri Lanka ships registered at the port,and also of all such ships

whose registries have been transferred or cancelled atthat port since the last

preceding return.

111.(1) Any personmay, on payment of a fee of one rupee, or such other fee as

the Minister may prescribe, on application to theRegistrar at any reasonable

time during the hours of his official attendance, inspectany register book.

(2) The following documents shall be admissible inevidence in the manner

provided by this Act:

(a) any register book under this Part, on its productionfrom the

custody of the Registrar or other person having thelawful custodythereof;

(b) a certificate of registry under this Act, purportingto be signed

by a Registrar or other proper officer;

(c) an endorsement on a certificate of registrypurporting to be

signed by a Registrar or other proper officer;

(d) every declaration made in pursuance of this Part inrespect ofa Sri Lanka ship.

112. Any person who

(a) forges or fraudulently alters ;

(b) assists in forging or fraudulently altering; or

(c) procures to be forged or fraudulently altered, any ofthe following

documents, namely, any register book, builder'scertificate, Surveyor's

certificate, certificate of registry, declaration, billof sate, instrument of

mortgage or certificate of sale or mortgage under thisPart, or any entry or

endorsement required by this Part to be made in or on anysuch document,

shall be guilty of an offence and on conviction thereofshall be liable to

imprisonment of either description for a term notexceeding two years, or to a

fine not exceeding three thousand rupees, or to both suchfine andimprisonment.

113.(1) Any personwho, in the case of any declaration made in the presence of or

produced to a Registrar under this Part, or in anydocument or other evidence

produced to such Registrar,

(a) willfully makes, or assists in making, or procures tobe made

any false statement concerning the title to or ownershipof or the

interest existing in any ship or share in a ship ; or

(b) utters, produces or makes use of any declaration ordocument

containing any such false statement, knowing suchdeclaration or

document to be false, shall be guilty of an offence andon

conviction thereof shall be liable to imprisonment ofeither

description for a term not exceeding one year, or to afine not

exceeding two thousand rupees, or to both suchimprisonmentand fine.

(2) Any person who willfully makes a false declarationconcerning the

qualification of himself or of any other natural personor of any body corporate

to own a Sri Lanka ship shall (without prejudice tosubsection (3)) be guilty of

an offence and on conviction thereof shall be liable toimprisonment of either

description for a term not exceeding one year, or to afine not exceeding two

thousand rupees, or to both such imprisonment and fine.

(3) Any ship or share which is the subject of any falsedeclaration referred to in

subsection (2) shall be subject to forfeiture under thisAct, to the extent of the

interest of the person making the declaration, unless itis proved that the

declaration was made without the authority of any personor body corporate on

behalf of whom the declaration was made.

CHAPTER 8

RIGHTS AND OBLIGATIONS OF SRILANKA AND OTHERSHIPS

114(1) Subject to theprovisions of Subsection (3) and of (a) any regulations madeor exemptions givenunder this Act; or (b) any treaty or agreement with any

foreign Government. only Sri Lanka ships may trade in SriLanka waters.

(2) A person or body corporate not qualified to own a SriLanka ship as

provided by section 30 shall not charter or otherwiseengage any Sri Lanka

ship for trade in Sri Lanka waters, except under and inaccordance with such

conditions as the Minister may direct or prescribe.

(3) The provisions of this section shall not apply to anyboat licensed under the

Boats Ordinance.

(4) The master, owner or agent of any ship contraveningsubsection (1), and

any person or body contravening subsection (2), shall beguilty of an offence

and on conviction thereof shall be liable to a fine notexceeding ten thousand

rupees, and in addition any ship involved in suchoffence, shall be liable to be

detained.

(5) In this section, " trade in Sri Lanka waters" means

(a) the transport of passengers or goods; or

(b) towing, from one port or place in Sri Lanka waters toanother

such port or place, for profit or reward.

115.(1) An officer ofcustoms shall not grant a clearance for any ship until the

master of such ship has declared to that officer the nameof the nation to which

he claims that such ship belongs, and that officer shallthereupon write such

name on the clearance.

(2) If a ship attempts to go to sea without suchclearance such ship may be

detained until the declaration is made.

116.(1) If a personuses the Sri Lanka flag and assumes the Sri Lanka national

character on board a ship owned in whole or in part byany person not qualified

to own a Sri Lanka ship, for the purpose of making theship appear to be a Sri

Lanka ship, the ship shall be subject to forfeiture underthis Act, unless the

assumption has been made for the purpose of escaping captureby an enemy

or by a foreign ship of war in the exercise of somebelligerent right.

(2) In any proceeding for enforcing any such forfeiture,the burden of proving a

title to use the Sri Lanka flag and assume the Sri Lankanational character

shall lie upon the person using and assuming the same.

117.(1) If the masteror owner of a Sri Lanka ship does anything or permits

anything to be done, or carries or permits to be carriedany papers or

documents with intent

(a) to conceal the Sri Lanka character of the ship fromany person

entitled by the law of Sri Lanka to inquire into suchmatter;

(b) to assume a foreign character; or

(c) to deceive any person so entitled as aforesaid, theship shall

be subject to forfeiture under this Act.

(2) If the master of such ship commits or is privy to thecommission of the

offence in subsection (1) he shall be guilty of anoffence and on conviction

thereof shall be liable to imprisonment of eitherdescription for a term not

exceeding one year, or to a fine not exceeding twothousand rupees, or to both

such imprisonment and fine.

118. If an unqualifiedperson acquires as owner (otherwise than by such transmission as ishereinbeforeprovided) any interest, either legal or beneficial, in a ship using a Sri Lankaflagand assuming a Sri Lanka character, that interest shall be subject toforfeiture under this Act.

119. Where it isdeclared by this Act that a Sri Lanka ship shall not be recognized as aSriLanka ship, that ship shall not be entitled

(a) to any benefits, privileges, advantage or protectionusually enjoyed by Sri

Lanka ships; or

(b) to use the Sri Lanka flag or assume the Sri Lankanational character, but so

far as regards the payment of dues, the liability tofines and forfeiture and the

punishment of offences committed on board such ship, orby any persons

belonging to her, such ship shall be dealt with in thesame manner in all

respects as if the ship were a recognized Sri Lanka ship.

120.(1) The Ministermay, by Notification published in the Gazette, declare what

shall be the proper national colours for all shipsregistered under this Act, and

for all ships which are not registered but which areowned by the Government

or by any local authority or by any body corporateestablished by or under any

law for the time being in force in Sri Lanka or by acitizen of Sri Lanka; and

different colours may be so declared for differentclasses of ships.

(2) If any distinctive national colours, other than theSri Lanka national colours

declared under subsection (1), are hoisted on board anySri Lanka ship, the

owner of the ship, unless he proves that they werehoisted without his

knowledge or consent, and the master of the ship and anyperson hoisting

such colours shall each be guilty of an offence and onconviction thereof shall

be liable to a fine not exceeding five thousand rupees.

(3) Any officer of the Sri Lanka Navy or any officer ofcustoms, or any Sri

Lanka Consular officer, or a Shipping Officer, may boardany ship on which

any colours are hoisted contrary to this Act and seizeand take away the

colours which shall be forfeited to the Government.

121.(1) A Sri Lankaship shall hoist the Sri Lanka national ensign

(a) on a signal being made to the ship to such effect bya ship of

the Sri Lanka Navy or by a ship in the service of theGovernment

and carrying out the provisions of this Act;

(b) on entering or leaving any Sri Lanka or foreign port;

(c) when passing a warship of the Sri Lanka Navy or anyforeignnavy; or

(d) while in a Sri Lanka port, from sunrise to sunset.

(2) If default is made on board any such ship incomplying with the provisions

of this section, the master of the ship shall be guiltyof an offence and on

conviction thereof shall be liable to a fine notexceeding two hundred rupees.

(3) This section shall not apply to fishing boatsexclusively employed in fishing.

122.(1) Where any shiphas, either wholly or as to any share therein, become

subject to forfeiture under this Part

(a) the Director;

(b) any Master Attendant* ;

(c) any Shipping Officer;

(d) any officer of customs;

(e) any officer in the armed forces of Sri Lanka;

(f) any person specially or generally authorized by theMinister to

detain a ship may seize and detain the ship in accordancewith

the provisions of section 294, and bring the ship foradjudication

before the High Court having admiralty jurisdiction undersection

13 of the Judicature Act.

(2) The High Court may thereupon

(a) adjudge the ship with her tackle, apparel andfurniture to be

forfeited to the Government;

(b) make such order in the case as to the High Courtseems just;and

(c) award to the officer bringing in the ship foradjudication such

portion of the proceeds of the sale of the ship, or anyshare

therein, as the High Court thinks fit.

123. Any officerreferred to in subsection (1) of section 122 shall not be responsibleeithercivilly or criminally to any person in respect of any seizure ordetention made under suchsection, notwithstanding that the ship has not beenbrought in for adjudication or, if so broughtin, is declared not liable toforfeiture, if it is shown to the satisfaction of the Court before whomanytrial relating to such ship or seizure or detention is held that there werereasonablegrounds for such seizure or detention ; but if no such grounds areshown the Court may awardcosts and damages to any party aggrieved, and makesuch other order in the matter as theCourt thinks fit.

PART IIIA

PARALLEL REGISTRATION

123A In this Part."bare-boat chartering", with its cognate expressions with referenceto aship, means the chartering by virtue of which the charterer for an agreedperiod of timeacquires full control management, operation and possession of theship with the right toappoint and dismiss, the master and the crew of the shipand to hold himself responsibletowards, third parties as if he were theshipowner, but without the right to sell or mortgage theship; "foreignregister" means the register kept in a foreign country for the purposeofregistering every description of its ships or vessels used in navigation; and"parallelregistration" means the registration in the parallelregistration section of the register book forcertain period of time of a shipwhich contains to he registered in a foreign register.

123B. Notwithstandinganything contained in any other provision of this Act, the provisionsof thisPart shall apply to, and in relation to the parallel registration of shipsregistered in aforeign register and ships registered in the parallelregistration section of the register book.

123C.(1) The parallelregistration of a ship registered to a foreign register may be

allowed subject to the requirements specified in thisPart, for the period of the

bare-boat charter, if such ship is bear-boat chartered bya natural person or by

a body corporate, who or which is qualified under section30 to own a Sri

Lanka ship.

(2) Any ship registered in the parallel registrationsection of the register book

shall be subject to the provisions of this Act, so longas the parallel registration

of the ship in the register book continues.

123D.(1) No foreign ship shall be regis-tered in the parallelregistration section of the

register book unless- (a) the law of the country in whichshe is registered

permits parallel registration ;

(b) the registration of that ship in the registry of thatcountry is temporarily

suspended, except as regards transfers or transmissionsof, and the creation,

registration or discharge of mortgages or otherencumbrances on, the ship ;

(c) the owner of the ship and the registered mortgageesof the ship consent to

the parallel registration.

(2) Every bare-boat charterer of a ship registered in theparallel registration

section of the register book may notify the Registrar ofany endorsements

relating to transfers or transmissions of, and thecreation. registration or

discharge of mortgages or other encumbrances on, thatship entered in a

foreign register, and the Registrar shall enter suchendorsements in the

parallel registration section of the register book, forpurposes of Information.

123K.The Minister maymake regulations in respect of all or any of the following matters: -

(a) the form in which any document required by this Partshall be prepared and

the particulars which it should contain ;

(b) the procedure for parallel registration ;

(c) the manner and form in which application for parallelregistration shall be

made ;

(d) the persons who shall certify the documents submittedalong with the

application;

(e) the fees, dues and charges that may he levied underthis Part and the

manner in which such fees, dues and charges shall becollected ;

(f) any other matter which is required to be prescribedunder this Part of this

Act.'.

PART IV

MASTERS AND SEAMEN PRELIMINARY

CHAPTER 1

PRELIMINARY

124. The provisions ofthis Part shall not, except to such extent and subject to suchconditions as theMinister may prescribe, apply

(a) to ships; which are not sea-going

(b) to masters and seamen employed in ships which are notsea-going ships.

125. In this Part

" dying in a ship " includes reference to dyingin a ship's boat and to being lost from a ship or aship's boat;

" proper officer" means, in relation to a portin a country outside Sri Lanka, a Consular officer,or in the case of a port ina Commonwealth country, any officer exercising in that portfunctions similar toa Shipping Officer.

CHAPTER 2

QUALIFICATIONS AND MANNING

126.(1) The Ministermay make such regulations as he considers necessary or

expedient to provide for the qualifications of officersand seamen of, and the

manning requirements for, Sri Lanka ships and for mattersconnected

therewith, and without prejudice to the generality ofsuch powers, may make

regulations making provisions for-

(a) requiring officers and seamen and other personsperforming

prescribed functions in relation to the operation andmaintenance

of ships to be holders of certificates of competency,authorization

or efficiency or otherwise and to satisfy such otherconditions as

may be prescribed, and providing for the grant,revocation,

extension, validation, suspension, endorsement orvariation of

such certificates;

(b) the holding and conduct of examinations for suchcertificates,

the qualifications of candidates for such examinationsand the

qualifications of, appointment, removal and reappointmentof and

remuneration to be paid to examiners, the fees for such

examinations, and all such acts as the Minister thinksnecessary

or expedient for the purpose of such examinations;

(c) the issue, form and recording of certificates ofcompetency,

authorization and efficiency, and other documents;

(d) the exemption of persons with prescribedqualifications or

experience from the whole or parts of examinations forsuchcertificates;

(e) the recognition, subject to such conditions as may be

prescribed, of specified certificates of competency,authorization

or efficiency issued by other countries, the declarationthat such

certificates shall have the same force and effect as ifthey had

been granted in Sri Lanka, and the application to suchcertificates

of all or any of the provisions and regulations relatingto

certificates of competency, authorization or efficiencyissued in SriLanka;

(f) the exemption of holders of certificates ofcompetency,

authorization or efficiency issued in other specifiedcountries from

all or such part or parts as may be prescribed of theexaminations

for corresponding Sri Lanka certificates of competency;

(g) such ships to be provided with only certificated orqualified

officers and seamen, at least to a scale prescribed bythe Minister,

when going to sea from any place, whether within oroutside SriLanka;

(h) the minimum number and grades of officers and seamenin

possession of valid certificates to be carried ondifferent classes

and types of ships and the procedure to be followedwhether

within or outside Sri Lanka when such number is short ofanofficer or seaman ;

(i) the manning requirements in relation to such classesor

descriptions of ship as may be prescribed ;

(j) the production and admissibility in evidence ofcertificates and

such other documents as may be prescribed ;

(k) the refusal of port clearance or the detention of anyship on

failure to comply with the provisions of any regulationsmadeunder this section.

(2) Regulations made under this section may provide forthe imposition of

penalties of imprisonment of either description for aterm not exceeding two

years, or to a fine not exceeding ten thousand rupees, orboth such

imprisonment and fine.

CHAPTER 3

CONDITIONS OF SERVICE

127.(1) The Ministermay make such regulations as he considers necessary or

expedient to provide for the conditions of service ofthose serving in Sri Lanka

ships and matters connected therewith, and withoutprejudice to the generality

of such powers, may make regulations providing for-

(a) apprenticeship to-the sea service, the exemption fromstamp

duty of indenture of apprenticeship, the production tosuch officers

as may be prescribed of such indentures, and othermatters

relating to such apprenticeship;

(b) the making of and procedures relating to agreements inwriting

between each person employed in a ship registered in SriLanka,

and the owner or other person so employing him, theprocedure to

be followed in connexion with the engagement of persons

employed in ships registered in Sri Lanka and themaintenance of

a list of crews of ships registered in Sri Lanka ;

(c) the engagement of citizens of Sri Lanka as officersand

seamen by foreign ships at any port in Sri Lanka;

(d) the engagement of foreign nationals as officers andseamen in

Sri Lanka ships;

(e) the employment in ships of persons under the age ofeighteen

years and the circumstances in which and the conditionssubject

to which such persons may be employed in differentemployments

and different descriptions of ships and in any otherdifferentcircumstances;

(f) the implementation in whole or in part of anyinternational

convention relating to the employment, welfare, security,

certification or status of officers and seamen;

(g) the master of a ship maintaining a list of personsunder the

age of eighteen years engaged in the ship, showing theirdates of

birth and such other details as may be prescribed ;

(h) prohibiting (except subject to such extent and onsuch

conditions as may be prescribed) the employment ofpersons

under the age of eighteen years as trimmers or stokers inships;

(i) the medical examination of persons employed in ships;

(j) the engagement of officers and seamen;

(k) the admissibility of documents in evidence and theproof in

legal or other proceedings by an officer or seaman of thecontents

of any agreement with the crew or otherwise to supporthis case,

without producing or giving notice to produce theagreement or

any copy thereof;

(l) the particulars to be included in articles ofagreement referred

to in paragraph (b) of this subsection ;

(m) the avoidance of agreements made contrary to such

regulations as may be prescribed;

(n) the fees to be paid on engagement and discharge;

(o) the entry on board any foreign ship in which anycitizen of Sri

Lanka is engaged and the taking of such records as may be

prescribed for ensuring the due protection of suchcitizens within

the terms of any regulation made under this section;

(p) the procedure to be followed and the liabilities tobe assumed

by the owners and masters of ships, and officers andseamen, or

termination of employment for any reason;

(q) restriction on suits relating to the wages ofofficers andseamen ;

(r) the issue, cancellation, production and inspection ofcontinuous

discharge certificate books and such other documents asmay be

prescribed relating to the commencement or terminationofemployment;

(s) the payment of advances, allotments, forfeitures andthe

recovery of wages and other remuneration of personsemployed

in ships registered in Sri Lanka;

(t) the protection of the rights and remedies of anofficer or

seaman in relation to his wages or other remuneration;

(u) the adjudication of questions as to wages and other

remuneration by such officers or authorities as may beprescribed;

(v) the circumstances in which a right or a loss of aright to wages

or other remuneration may occur;

(w) the right of suing on any note or other documentevidencing

an allotment of wages;

(x) the right to recover wages and salvage not to besubject toforfeiture ;

(y) the payment of wages on the termination ofemployment;

(z) the recovery of wages, the venue of and procedurerelating to

actions for such recovery of wages, the damages andexpenses

caused by or arising out of any breach of contract by anofficer or

seaman, and the setting off of any claims thereforagainst arrearsof wages;

(aa) the payment of interest (not exceeding twenty percentum per

annum) in respect of arrears of wages;

(bb) freezing wages from attachment or arrest from anycourt,

providing that an assignment or sale thereof made priorto the

accruing thereof shall not bind the person making thesame,

providing that a power of attorney or authority for thereceipt of

wages shall not be irrevocable, and providing that apayment of

wages to an officer or seaman shall be valid in law

notwithstanding any previous sale or assignment of thosewages

or any attachment, encumbrance or arrest thereof;

(cc) the procedure to be followed in relation to theproperty of

persons dying in a ship, the payment over of suchproperty by

such officers as may be prescribed, the restriction ofclaims upon

such property by creditors (including the prescribing oflimitation

periods in respect thereof) and the disposition of theproperty of

such persons;

(dd) the relief, maintenance and repatriation of personsemployed

in Sri Lanka ships who are left or in distress abroad,and the

recovery from any person or authority of any expensesincurred in

connexion therewith;

(ee) the scale and standards of provisions and water tobe

provided for crews, complaints relating to provisions andwater,

and the maintenance on board ships of accurate weightsand

measures;

(ff) the scales of medicines and medical stores to becarried in

different classes of ships and on different voyages, the

instructions for dispensing medicines and treatinginjuries and

illness, and the expenses of medical attendance and therecoverythereof;

(gg) the accommodation to be provided for officers andseamen in

a ship of any class prescribed, the position in the shipof such

accommodation, the standards to be observed in theconstruction,

equipment and furnishing of such ship, the approval ofthe plans

and specifications thereof, the maintenance, repair andinspection

of such accommodation, and the regulation of its use ;

(hh) the making of complaints against the master or anymember

of the crew ;

(ii) disciplinary offences, the discipline of officersand seamen, the

imposition of fines and other penalties on personscommitting

offences against discipline or against laws relating tocustoms and

immigration, the prescribing of offences which can bedealt with

by a master, the procedure to be followed in disciplinarymatters,

the recovery and disposal of fines imposed therein, theremittance

or reduction of any fine or penalty imposed by a master,the arrest

and detention on board ship of any person whose arrestand

detention is in the opinion of the master necessary orexpedient in

the interests of safety or for the preservation of goodorder or

discipline, the powers of a master to disrate forincompetence, the

making of appeals to such authority as may be prescribed,and

the delegation by a master of disciplinary powers vestedin him;

(jj) the procedure for inquiries into deaths;

(kk) a standard uniform for the merchant navy;

(ll) the business of Shipping Officers and the fees to bepayable in

relation to the work performed by such officers;

(mm) the form and issue of Sri Lanka seamen's identitycards, the,

production, endorsement and withdrawal of such cards and

matters connected therewith;

(nn) the setting up of ship's disciplinary committees andthe

procedure and powers of such committees;

(oo) the establishment of seamen's employment office;

(pp) the refusal of port clearance or the detention ofany ship on

failure to comply with the provisions of any regulationmade underthis section.

(2) Subject to the provisions of subsection (3),regulations made under this

section may provide for the imposition of penalties ofimprisonment of either

description for a term not exceeding two years, or a finenot exceeding three

thousand rupees, or both such fine and imprisonment.

(3) Regulations made under this section

(a) relating to offences concerning the property ofdeceased

seamen, may provide for the imposition of fines up toamounts not

exceeding three times the value of such property;

(b) relating to the civil liability of seamen in relationto offences

under laws relating to customs and immigration, mayregulate or

limit the damages payable or recoverable in respect thereof.

CHAPTER 4

DOCUMENTATION AND RETURNS

128. The Minister maymake regulations providing for

(a) the form of and the particulars to be entered inofficial log-books, and

requiring such log-books to be kept in such ships as maybe prescribed ;

(b) the persons by whom entries in log- books are to bemade, signed or

witnessed;

(c) the procedure to be followed in the making of suchentries and in their

correction, amendment or cancellation;

(d) requiring the production or delivery of log-books tosuch persons, in such

circumstances and within such times as may be prescribed;

(e) the making of copies of or extracts from officiallog-books, and their

admissibility in evidence;

(f) exempting ships of any description from anyrequirements of any

regulations made under this section, either generally orin such circumstances

as may be prescribed.

129. The Minister maymake regulations providing for the recording of births and deathsoccurring inships registered in Sri Lanka, and of deaths (wherever occurring) of officersandseamen employed in such ships, and without prejudice to the generality ofsuch powers, maymake regulations providing for

(a) requiring the master of any such ship to record anysuch birth or death and

to send a return thereof to a Shipping Officer or otherofficer or authority;

(b) requiring the master of any such ship to notify anysuch death to such

person (if any) as the deceased may have named to him ashis next of kin;

(c) requiring the transmission of returns by ShippingOfficers and other officers

and authorities to such authority as may be prescribed ;

(d) the preservation and filing in a register of suchinformation as may be

desirable for the purpose of ensuring the completenessand correctness of a

register of such births and deaths;

(e) any incidental or supplementary matters for which theMinister may think it

expedient to provide for the purposes of the regulations.

130.The Minister maymake regulations providing for the recording of births and deaths ofcitizens ofSri Lanka occurring in ships not registered in Sri Lanka, and without prejudicetothe generality of such powers, may make regulations providing for

(a) requiring the master of any such ship which calls ata port in Sri Lanka in

the course of or at the end of a voyage to make a returnto such authority as

may be prescribed of any such birth or death which hasoccurred in the ship

during the voyage;

(b) the preservation and filing in any register keptunder any regulations made

under paragraph (d) of section 129 of any informationdesirable for the purpose

of ensuring the completeness and correctness of aregister of such births and

deaths;

(c) authorizing the registration of any birth or death ofa citizen of Sri Lanka

which occurs outside Sri Lanka in a ship not registeredin Sri Lanka and of

which no return may be required pursuant to anyregulations made under

paragraph (a) of this section;

(d) any incidental or supplementary matters for which theMinister may think it

expedient to provide for the purpose of the regulations.

131. If a personceases to be the master of a ship registered in Sri Lanka during a voyage oftheship, he shall deliver or cause to be delivered to his successor the documentsrelating tothe ship or its crew which are in his custody; and if he failswithout reasonable cause to do sohe shall be guilty of an offence and onconviction thereof shall be liable to a fine not exceedingone thousand rupees.

CHAPTER 5

GENERAL

132.(1) If a person,without the consent of the master or of any other person

authorized to give it, goes to sea or attempts to go tosea (whether within or

outside Sri Lanka) in a ship registered in Sri Lanka, heshall be guilty of an

offence and on conviction thereof shall be liable to afine not exceeding one

thousand rupees, or to imprisonment of either descriptionfor a term not

exceeding six months, or to both such fine andimprisonment.

(2) Nothing in section 290 shall be taken to limit thejurisdiction of any court in

Sri Lanka to deal with an offence under subsection (1)which has been

committed in a country outside Sri Lanka by a person whois not a citizen of Sri

Lanka.

133. Where a shipregistered in Sri Lanka or any other country is in a port in Lanka and apersonwho is neither a public officer nor authorized by law to do so

(a) goes on board the ship without the consent of themaster thereof, or of any

other person authorized to give consent; or

(b) remains on board the ship after being requested toleave by the master, a

Shipping Officer, a police officer or an officer of customs,such person shall be

guilty of an offence and on conviction thereof shall beliable to a fine not

exceeding two hundred rupees.

134. The master of anyship registered in Sri Lanka may cause any person on board theship to be putunder restraint if and for so long as it appears to him to be necessaryorexpedient in the interest of safety or for the preservation of good order ordiscipline on boardthe ship.

135. The Minister maymake regulations specifying any description of Sri Lanka ships whichare notregistered in Sri Lanka or elsewhere and directing that such of the provisionsof thisPart and of any regulations and rules made thereunder as may beprescribed shall extend toships of that description and to masters and seamenemployed in them with such exceptions,adaptations and modifications as may beprescribed.

136.(1) The Ministermay, by Notification published in the Gazette, constitute an

advisory board to be called the National Welfare Boardfor seamen (hereinafter

referred to as " the Board ") for the purposeof advising the Minister on the

measures to be taken for promoting the welfare of seamen(whether ashore or

on board ships) generally, and particularly thefollowing:

(a) the establishment of hostels or boarding and lodginghousesfor seamen;

(b) the establishment of clubs, canteens, libraries andother like

amenities for the benefit of seamen ;

(c) the establishment of hospitals for seamen or theprovision of

medical treatment for seamen,

(d) the provision of educational and other facilities forseamen.

(2) The Minister may make rules providing for

(a) the composition of the Board and the term of officeofmembers thereof;

(b) the procedure to be followed in the conduct ofbusiness by theBoard;

(c) the travelling and other allowances payable tomembers of theBoard;

(d) the levy of fees payable by owners of ships at suchrates as

may be prescribed (which may be at different rates fordifferent

classes of ships) for the purpose of providing amenitiesto seamen

and for taking other measures for the welfare of seamen;

(e) the procedure by which any such fees may be collectedor

recovered and the manner in which the proceeds of suchfees,

after deduction of the cost of collection, shall beutilized for the

purpose specified in paragraph (d) of this subsection.

137.(1) No personshall maintain a seamen's lodging house, except under the

authority of a licence issued in that behalf by theDirector and in accordance

with such terms and conditions as may be prescribed,

(2) Any person acting in contravention of subsection (I)shall be guilty of an

offence and on conviction shall be liable to a fine notexceeding one thousand

rupees.

PART V

CONSTRUCTION, EQUIPMENT ANDSURVEY

CHAPTER 1

PRELIMINARY

138.(1) In this Part,

" cargo ship " means any ship which is not apassenger ship;

" certificate " means, unless the contextotherwise requires, the appropriate

certificate issued under section 143 or section 144, asthe case may be;

" Convention certificate" means a certificateissued in accordance with the

Convention;

"Convention" means the International Conventionfor the Safety of Life al Sea

signed at London on 17th June, 1960, being Annex A to theFinal Act of the

International Conference on Safety of Life at Sea, 1960,and other Annexes

thereto;

"country to which the Convention applies "means

(a) a country the Government of which has been declaredby the

Minister, by Notification published in the Gazette, tohave

accepted the Convention, and which has not been sodeclared to

have denounced the Convention ; and

(b) a territory to which it has been so declared that theConvention

extends, not being a territory to which it has been sodeclared that

the Convention has ceased to extend ;

" fishing vessel " means a ship used forcatching fish, whales, seals, walrus or

other living resources of the sea;

" international voyage " means a voyage from aport or place in Sri Lanka to a

port or place outside Sri Lanka, or a voyage to Sri Lankafrom a port or place

outside Sri Lanka;

" passenger " means any person carried in aship., other than

(a) the master and the members of the crew or otherpersons

employed or engaged in any capacity on board the ship onthe

business of the ship;

(b) a person on board the ship, either in pursuance ofthe

obligation laid upon the master to carry shipwrecked,distressed or

other persons, or by reason of any circumstance thatneither the

master nor the owner could have prevented or forestalled;or

(c) a child under one year of age;

" passenger ship" means a ship which carriesmore than twelve passengers;

" Surveyor" includes any person duly acting asa Surveyor on behalf of any

organization approved by the Minister under section 149.

(2) In relation to the definition of "internationalvoyage " in subsection (1), no

account shall be taken of any deviation by a ship fromits intended voyage due

solely to stress of weather or any other circumstancethat neither the master

nor the owner nor the charterer (if any) of the shipcould have prevented or

forestalled.

CHAPTER 2

POWERS OF MINISTER

139.(1) The Ministermay make such regulations as he considers necessary or

relating to expedient to give effect to and for thebetter safety at sea carrying

out of the objects and purposes of this Part and toprovide generally for safety

at sea and for carrying out the Convention, any Annexthereto and any

amendments or replacements of such Convention andAnnexes, and without

prejudice to the generality of such powers, may makeregulations making

provision for

(a) the inspection and survey of ships, their equipmentand

installations, and the form, issue and duration ofcertificates

relating thereto;

(b) the validity of certificates issued by countries towhich the

Convention applies;

(c) the investigation of shipping casualties;

(d) the construction, sub-division and stability ofships, their

equipment, machinery and electrical installations, fireprotection,

fire detection and extinction in passenger and cargoships, the

general fire precautions to be taken on such ships andspecial fire

safety measures for passenger ships ;

(e) life-saving appliances and procedures;

(f) radiotelegraphy and radiotelephony ;

(g) safety of navigation;

(h) the carriage of grain ;

(i) the carriage of dangerous goods ;

(j) nuclear ships;

(k) the form of certificates to be issued under theregulations;

(l) such matters as are to be prescribed under this Part;

(m) generally giving effect to the provisions of theConvention and

any amendments of such Convention.

(2) Every omission or neglect to comply with and everyact done or attempted

to be done without reasonable cause and contrary to theprovisions of any

regulations made under this section shall be an offenceand in respect of any

such offence the offender shall (subject to any otherprovision in this Act or in

such regulations) be guilty of an offence and onconviction thereof shall be

liable to a fine not exceeding one thousand rupees.

140. Nothing in thisPart or in any regulations made thereunder shall, unless it isexpresslyotherwise provided by such regulations, apply to

(a) ships of war and troopships;

(b) cargo ships of less than five hundred tons grosstonnage;

(c) ships not propelled by mechanical means;

(d) wooden ships of primitive build;

(e) pleasure yachts not engaged in trade;

(f) fishing vessels,

141.(1) The Minister mayby order exempt any ship or classes of ships from any

requirements of any regulations made under this Part,either absolutely or

subject to such conditions as he thinks fit.

(2) Without prejudice to the powers conferred on him bysubsection (1), where

a ship not normally engaged on international voyages isrequired to undertake

a single international voyage, the Minister may, if heconsiders that the ship

complies with safety requirements adequate for thevoyage, exempt the ship

from any of the safety requirements imposed under thisPart.

(3) The owner, agent or master of a Sri Lanka ship whichis exempt from any

of the safety provisions or requirements imposed underthis Part shall, on

application to any person appointed in such behalf by theMinister, receive a

certificate in the prescribed form, to be called an" exemption certificate ".

142. Notwithstandingthat any provision of this Part or of any regulations made hereunderisexpressed to apply to ships which are not Sri Lanka ships while they are withinany port in SriLanka, such provision shall not apply to a ship that would notbe within any such port but forsuch stress of weather or any such othercircumstance that neither the master nor the ownernor the charterer (if any) ofthe ship could have prevented or forestalled.

CHAPTER 3

CERTIFICATES AND SURVEY

143.(1) A passengership shall not go to sea on a voyage to or from any port or

place in Sri Lanka, unless there is in force in respectof the ship either

(a) a passenger ship safety certificate ; or

(b) a qualified passenger ship safety certificate and anexemption

certificate, being certificates which by the termsthereof are

applicable to the voyages on which the ship is about toproceed

and to the trade in which such ship is for the time beingengaged.

(2) If any passenger ship goes or attempts to go to seain contravention of

subsection (1), the owner or the master of the ship shallbe guilty of an offence

and on conviction thereof shall be liable to a fine notexceeding two hundred

rupees for every passenger carried on board the ship.

144.(1). A cargo shipof five hundred tons gross or more shall not go to sea on a

voyage to or from any port or place in Sri Lanka, unlessthere is in force in

respect of the ship either

(a) a cargo ship safety construction certificate, a cargoship safety

equipment certificate and a cargo ship safetyradiotelegraphy

certificate or a cargo ship safety radiotelephonycertificate; or

(b) a qualified cargo ship safety equipment certificateand a

qualified cargo ship safety radiotelegraphy certificateor, as the

case may be, a qualified cargo ship safetyradiotelephonycertificate.

(2) A cargo ship of less than five hundred tons grossshall not go to sea on a

voyage from any port or place in Sri Lanka, unless thereis in force in respect

of such ship

(a) such certificate as may be prescribed ; or

(b) in the case of foreign ships such equivalentcertificates as are

acceptable to the Director.

(3) If any cargo ship goes or attempts to go to sea incontravention of

subsection (1) or (2), the owner or the master of theship shall be guilty of an

offence and on conviction thereof shall be liable to afine not exceeding one

thousand rupees.

145. In the event ofany amendment or replacement of any provisions of the Conventionaffecting thenature or number of the certificates referred to in subsection (!) of section143and section 144, the Minister may by order direct that such subsectionsshall have effect as ifthere were substituted therefor references to such othercertificate, appropriate to theConvention as so amended, as the Minister may bysuch order prescribe.

146. The master ofevery passenger or cargo ship shall produce to the Shipping Officer, atthe timea clearance for the ship is demanded for an international voyage, thecertificate orcertificates required by section 143 or section 144 as the casemay be, to be in force when theship goes to sea; and a clearance shall not begranted, and the ship may be detained, untilthe said certificate orcertificates are so produced.

147.(1) The owner, themaster or the agent of a ship requiring the issue of any

certificate referred to in section 143 or section 144shall apply for the ship to be

surveyed.

(2) The Surveyor conducting the survey shall, if he issatisfied that the ship

complies with the relevant prescribed conditions,complete a declaration of

survey in a form approved by the Minister.

(3) The declaration of survey shall be sent forthwith bythe Surveyor to the

Director.

148. Upon receipt ofthe declaration of survey of a ship referred to in section 147 theDirectorshall, if satisfied that the relevant provisions of this Part and theregulations madethereunder have been complied with, issue such certificate, ofthe kind referred to in section143 or section 144, as may be appropriate tosuch ship.

149.(1) The Ministermay also approve any organization for the purpose of

surveying ships and issuing certificates referred to insections 143 and 144 of

this Act and may prescribe the conditions under whichsuch organization shall

be so approved.

(2) Every certificate issued by an organization approvedunder subsection (1)

shall have effect for the purposes of this Act as if ithad been issued under

section 148.

150. A certificateshall not remain in force-

(a) for longer than such period as may be specified inthe certificate, or as may

be prescribed; or

(b) after notice has been given to the owner, agent ormaster that the Minister

has cancelled the certificate under section 151 ; andshall not remain in force

during the period of any suspension made under suchsection.

151(1) The Ministermay cancel or suspend a certificate relating to any ship wherehe has reason tobelieve that

(a) any declaration of survey on which the certificatewas founded

has been in any particular made fraudulently orerroneously;

(b) the certificate has been issued on false orerroneousinformation; or

(c) since the making of the declaration of survey thehull,

equipment or machinery of the ship has sustained anyinjury, or is

otherwise insufficient.

(2) In every such case the Minister may require the ownerto have the ship

again surveyed, and to obtain a further declaration ofsurvey before the reissue

of the certificate or the grant of a fresh one in lieuthereof.

152.(1) The Ministermay order that a certificate which has expired or been

cancelled or suspended shall be delivered to such personor authority as he

may direct.

(2) Any owner or master who, without reasonable cause,fails to comply with

an order issued under subsection (1) shall be guilty ofan offence and on

conviction thereof shall be liable to a fine notexceeding five hundred rupees.

153. A validConvention certificate issued in respect of a ship, other than a Sri Lankaship,by the Government of the country to which the ship belongs shall, subjectto suchrequirements or provisions as may be prescribed, have the same effect inSri Lanka as thecorresponding certificate issued in respect of a Sri Lanka shipunder this Part.

154.(1) The Ministermay, at the request of the Government of a country to which

the Convention applies, cause an, appropriate Conventioncertificate to be

issued in respect of a ship registered in that country,if he is satisfied that such

certificate can properly be issued; and where thecertificate is issued at such

request, it shall contain a statement that it has been soissued.

(2) The Minister may request the Government of a countryto which the

Convention applies to issue an appropriate Conventioncertificate in respect of

a Sri Lanka ship; and a certificate issued in pursuanceof such a request and

containing a statement that it has been so issued shallhave effect for the

purposes of this Act as if it had been issued by theMinister.

155. Any owner, masteror agent of a ship in respect of which a certificate has been issuedwho,knowingly or negligently, without reasonable cause does or suffers to be doneanythingwhereby the certificate becomes inapplicable to the altered state ofthe ship or other mattersto which the certificate relates shall be guilty of anoffence and on conviction thereof shall beliable to imprisonment of eitherdescription for a term not exceeding two years, or to a fine notexceeding threethousand rupees, or to both such imprisonment and fine.

156. Any person who

(a) knowingly and willfully makes or assists in making orprocures to be made

a false or fraudulent certificate or declaration ofsurvey issued under section147; or

(b) forges, assists in forging, procures to be forged,fraudulently alters, assists

in fraudulently altering or procures to be fraudulentlyaltered any such

certificate or declaration, shall be guilty of an offenceand on conviction thereof

shall be liable to imprisonment of either description fora term not exceeding

two years, or to a fine not exceeding three thousandrupees, or to both such

imprisonment and fine.

CHAPTER 4

GENERAL

157.(1) There shall becarried on board every Sri Lanka ship whose keel is laid

after the 25th day of January, 1972, such information inwriting about the ship's

stability as is necessary for the guidance of the masterin loading and

ballasting the ship.

(2) The information required by subsection (1) shall bein such form as may be

approved by the Minister, and the Minister may approvethe provision of such

information in the form of a diagram or drawing only.

(3) When any information under this section is providedfor any ship, the owner

thereof shall send a copy to the Minister: Provided,however, that the owner

shall not be required to send a copy of any informationto the Minister if a

previous copy of the same information has been sent tothe Minister.

(4) Any owner or master of any ship referred to insubsection (1) which goes or

attempts to go to sea without the information required bythat subsection on

board shall be guilty of an offence and on convictionthereof shall be liable to a

fine not exceeding one thousand rupees.

158.(1) No Sri Lankaship, being a ship of over one hundred and fifty tons gross

tonnage, shall go to sea on an international voyage,unless the ship is provided

with an efficient signaling lamp.

(2) If a ship goes or attempts to go to sea incontravention of subsection (1),

the owner or master thereof shall be guilty of an offenceand on conviction

thereof shall be liable to a fine not exceeding twohundred rupees.

PART VI

LOAD LINES

CHAPTER 1

PRELIMINARY

159. In this Part

" Convention certificate" means a certificateissued in accordance with the Convention of1966,

"Convention of 1966" means the InternationalConvention on Load Lines signed in London on5th April, 1966;

" Convention country " means

(a) a country the Government of which has been declaredby the Minister, by

Notification published in the Gazette, to have acceptedthe Convention of

1966, and which has not been so declared to havedenounced that

Convention; and

(b) a territory to which it has been so declared that theConvention of 1966

extends, not being a territory in which it has been sodeclared that such

Convention has ceased to extend;

" existing ship" means a ship which is not anew ship as defined by section 162;

" Load Line Regulations" means regulations madeunder section 164.

160. This Part appliesto all ships except

(a) ships of war;

(b) new ships of less than 79 feet;

(c) existing ships of not less than 150 tons gross;

(d) pleasure yachts not engaged in trade;

(e) fishing vessels.

161. In this Part,"international voyage" means a voyage between

(a) a port or place in Sri Lanka and a port or placeoutside Sri Lanka ; or

(b) a port in a Convention country (other than Sri Lanka)and a port in any

other country or territory (whether or not a Conventioncountry) which is

outside Sri Lanka:

Provided, however, that in determining the ports betweenwhich a voyage is

made no account shall be taken of any deviation by a shipfrom her intended

voyage which is due solely to such stress of weather orsuch other

circumstance that neither the master nor the owner northe charterer (if any) of

the ship could have prevented or forestalled.

162. In this Part," new ship " means a ship whose keel is laid, or which is at asimilar stageof construction, on or after,

(a) in the case of a ship registered in or flying theflag of a country which is a

Convention country (other than Sri Lanka), the date fromwhich it is declared

that the Government of that country has accepted oracceded to the

Convention of 1966, or that it is a country to which thatConvention extends; or

(b) in the case of any other ship, the 25th day ofJanuary, 1972.

163. In this Part," valid Convention certificate " means a certificate which has beenissued-

(a) under section 173 and is for the time being in force;or

(b) by a Government, other than the Government of Sri Lanka,incircumstances in which it is recognized as a valid certificate for thepurpose ofthis Part.

164.(1) The Ministermay make such regulations as he considers necessary or

expedient to give effect to and for the better carryingout of the objects and

purposes of this Part and to provide generally for loadlines and for carrying out

the Convention of 1966, any Annex thereto and anyamendments of such

Convention and Annexes and, without prejudice to thegenerality of such

powers, may make regulations making provision for

(a) the survey and periodical inspection of ships;

(b) the determination of freeboards ;

(c) the determination of freeboard decks and the markingof such

decks on each side of the ship by a mark or description(in this

Part called a " deck line ");

(d) the various maximum depths to which a ship may beloaded

(in this Part called " load lines ");

(e) the conditions of assignment of freeboards,

(f) the stability, loading and ballast of ships;

(g) the issue of load line and other certificates issuedunder this

Part, the periods for and the conditions under which such

certificates shall remain in force, and the cancellationof suchcertificates;

(h) the validity of certificates issued under theConvention of 1966

by Governments, other than the Government of Sri Lanka;

(i) such matters as are to be prescribed under this Part;and

(j) generally for giving effect to the provisions of theConvention

and any amendments of such Convention.

(2) Every omission or neglect to comply with and everyact done or attempted

to be done without reasonable cause and contrary to theprovisions of any

regulations made under this section shall be an offenceand in respect of any

such offence the offender shall (subject to any otherprovision in such

regulations) be guilty of an offence and on convictionthereof shall be liable to

a fine not exceeding one thousand rupees-

165. The Minister maymake regulations providing for the cargo to be carried on the decks ofships.

CHAPTER 2

SHIPS REGISTERED IN SRI LANKA

166.(1) Subject to anyexemption granted under this Part, a ship registered in Sri

Lanka shall not go or attempt to go to sea, unless

(a) the ship has been surveyed in accordance with theLoad LineRegulations;

(b) the ship is marked with a deck line and a load linein

accordance with those Regulations; and with those

(c) the ship complies Regulations.

(2) If any ship goes or attempts to go to sea incontravention of subsection (1),

the owner or the master of the ship shall be guilty of anoffence and on

conviction thereof shall be liable to a fine notexceeding two hundred rupees.

167.(1) When a shipregistered in Sri Lanka is marked with load lines, the ship shallnot be soloaded that

(a) if the ship is in salt water, and has no list, theappropriate load

line on each side of the ship is submerged;

(b) in any other case, such load line would be submerged,if the

ship were in salt water and had no list.

(2) If any ship is loaded in contravention of subsection(1), the owner or the

master of the ship shall (subject to subsection (3)) beguilty of an offence and

on conviction thereof shall be liable to a fine notexceeding five hundred

rupees, and to an additional fine (not exceeding tenrupees for each complete

centimeter by which the load line is submerged) as thecourt may think fit to

impose.

(3) Where a person is charged with an offence undersubsection (1), it shall be

a defence for him to prove that the contravention was duesolely to deviation or

delay which was caused by such stress of weather or suchother circumstance

that neither the master nor the owner nor the charterer(if any) could have

prevented or forestalled.

(4) Any ship which is loaded in contravention ofsubsection (1) may be

detained until such ship ceases to be so loaded.

168. Where a shipregistered in Sri Lanka is marked in accordance with the requirements ofthisPart, then, if

(a) the owner or master of the ship fails withoutreasonable cause to keep the

ship so marked ; or

(b) any person conceals, removes, alters, defaces orpermits any person under

his control to conceal, remove, alter, deface orobliterate any mark with which

the ship is so marked (except where he does so under theauthority of a

person empowered under the Load Line Regulations toauthorize him in that

behalf), he shall be guilty of an offence and onconviction thereof shall be liable

to a fine not exceeding two hundred rupees.

169.(1) Where a shipregistered in Sri Lanka has been surveyed and marked in

accordance with the Load Line Regulations, the appropriatecertificate shall be

issued to the owner of the ship on his application.

(2) For the purposes of this section, the appropriatecertificate shall be called

(a) in the case of an existing ship of not less than onehundredand fifty tons gross tonnage, and in the case of a new ship of notlessthan twenty-four meters in length, an "International Load LineCertificate(1966)";

(b) in the case of any other ship, a " Sri LankaLoad LineCertificate ".

(3) The appropriate certificate to be issued under thissection

(a) shall be issued by the Director, or by such person orauthority

as may be authorized by the Director in that behalf;

(b) shall be in such form and shall be issued in suchmanner as

may be approved by the Director or as may be prescribed;

(c) may at the request of the Director be issued by the

Government of any Convention country.

170. Where acertificate issued under section 159 and for the time being in force isproducedin respect of the ship to which it relates

(a) the ship shall be deemed to have been surveyed inaccordance with the

Load Line Regulations; and

(b) if lines are marked on the ship corresponding innumber and description to

the deck line and load line required by such Regulations,and the positions of

those lines correspond to the position of the deck lineand load lines as

specified in the certificate, the ship shall be deemed tobe marked as required

by such Regulations.

171.(1) Subject to anyexemption conferred by or under this Part, no ship

registered in Sri Lanka shall go or attempt to go to seaor be used in any port

or place, unless the appropriate certificate issued undersection 169 is in force

in respect of such ship.

(2) Before any such ship goes to sea the master thereofshall produce the

appropriate certificate to the proper officer of customsfrom whom a clearance

for the ship is demanded; and clearance shall not begranted, and the ship

may be detained, until the appropriate certificate is soproduced.

(3) If any ship goes or attempts to go to sea or is usedin contravention of this

section, the master thereof shall be guilty of an offenceand on conviction

thereof shall be liable to a fine not exceeding twohundred rupees.

172.(1) When anappropriate certificate has been issued under section 169 in

respect of any ship, the owner or master of the shipshall cause it to be put up

in some conspicuous place on board the ship, so as to belegible to all persons

on board, so long as it remains in force.

(2) The owner or master of any ship who f uls to complywith the requirement

imposed on him by subsection (1) shall be guilty of anoffence and on

conviction thereof shall be liable to a fine notexceeding fifty rupees.

CHAPTER 3

SHIPS NOT REGISTERED IN SRILANKA

173. The Director may,at the request of the Government of the parent country of a ShipWhich is

(a) not registered in Sri Lanka;

(b) registered in a Convention country or, although notso registered, flies the

flag of a Convention country; and

(c) either an existing ship of not less than one hundredand fifty tons gross

tonnage, or a new ship of not less than twenty-fourmetres in length, if he is

satisfied that he could properly issue a certificate inrespect of the ship under

section 169 if the ship were registered in Sri Lanka,issue in respect of such

ship a certificate; and such certificate shall for thepurposes of this Part be an "

International Load Line Certificate (1966). ".

174.(1) Subject to Subsection (2) and to any exemptiongranted under this Part, aship which is not registered in Sri Lanka shall notgo or attempt to go to sea,unless

(a) the ship has been surveyed in accordance with theLoad LineRegulations;

(b) the ship is marked with a deck line and a load linein

accordance with those Regulations;

(c) the ship complies with those Regulations.

(2) The provisions of subsection (1) shall not apply toany ship in respect of

which a valid Convention certificate is produced.

(3) If any ship goes or attempts to go to sea incontravention of subsection (1),

the owner or master of the ship shall be guilty of anoffence and on conviction

thereof shall be liable to a fine not exceeding twohundred rupees.

(4) Any ship which in contravention of this sectionattempts to go to sea without

being surveyed and marked as mentioned in Lanka Load LineCertificate.

subsection (1) may be detained until it has been sosurveyed and marked.

175.(1) When a shipnot registered in Sri Lanka is within any port or place in Sri

Lanka and is marked with load lines, the ship shall notbe so loaded that

(a) if the ship is in salt water, and has no list, theappropriate load

line on each side of the ship is submerged ; and

(b) in any other case, such load line would be submergedif the

ship were in salt water and had no list.

(2) If any ship is loaded in contravention of subsection(1) the owner or master

of the ship shall, subject to subsection (3), be guiltyof an offence and on

conviction thereof shall be liable to a fine notexceeding five hundred rupees,

and to an additional fine (not exceeding ten rupees foreach complete

centimetre whereby the load line is submerged) as thecourt may think fit to

impose.

(3) Where a person is charged with an offence undersubsection (1), it shall be

a defence for that person to prove that the contraventionwas due solely to

deviation or delay which was caused by such stress ofweather or such other

circumstances which neither the master nor the owner northe charterer (if any)

could have prevented or forestalled.

(4) Any ship which is loaded in contravention ofsubsection (1) may, if it has

been surveyed by a Surveyor be detained until it ceasesto be so Loaded.

176.(1) Where a shipnot registered in Sri Lanka has been surveyed and marked inaccordance with theLoad Line Regulations, then, on the application of the

owner of the ship a Sri Lanka Load Line Certificate shallbe issued to him by

the Director or by a person so authorized by theDirector.

(2) Any certificate issued under this section in respectof a ship to which

section 173 applies shall be valid only so long as theship is not plying on

international voyages, and shall be cancelled by theMinister if he has reason

to believe that the ship is plying on internationalvoyages.

177. Subject to anyexemption conferred under this Part, before a ship not registered be inSriLanka goes to sea from any port or place in Sri Lanka, the master of the shipshall produceto the proper officer of customs from whom a clearance for suchship is demanded

(a) in the case of a ship to which section 173 applies,where a clearance for

the ship is demanded in respect of an internationalvoyage, a valid Convention

certificate;

(b) in the case of any such ship, where a clearance forthe ship is demanded in

respect of any other voyage, either a valid Conventioncertificate or a valid Sri

Lanka Load Line Certificate; and

(c) in any other case, a valid Sri Lanka Load LineCertificate; and if such

certificate is not produced, a clearance shall not begranted and the ship may

be detained.

178.(1) Subject to theprovisions of this section, a Surveyor may inspect any ship

which is not registered in Sri Lanka while the ship is atany port or place in Sri

Lanka, and shall be entitled to inspect any certificatereferred to in section 177,

for the time being in force in respect of the ship.

(2) If on demand a valid Convention certificate isproduced to a Surveyor in

respect of any ship, then, the powers of the Surveyorshall be limited to seeing

(a) that the ship is not loaded beyond the limits allowedby thecertificate;

(b) that lines are marked on the ship in the position ofthe load

lines specified in the certificate;

(c) that no material alterations have taken place in thehull or

superstructure of the ship which affect the position inwhich any of

those lines ought to be marked; and

(d) that the fittings and appliances for the protectedopenings, the

guard rails, the freeing ports and the means of access tothe

crew's quarters have been maintained on the ship in aseffective a

condition as they were when the certificate was issued.

(3) If on an inspection of a ship under this section, theship is found to have

been so materially altered in respect of the mattersreferred to in paragraph (c)

or (d) of subsection (2) that the ship is manifestlyunfit to go to sea without

danger to human life, then the ship shall be deemed to beunsafe for the

purposes of section 207.

(4) Where a ship is detained pursuant to the provisionsof subsection (3), the

Director shall order the ship to be released as soon ashe is satisfied that the

ship is fit to go to sea without danger to human life.

CHAPTER 4

EXEMPTIONS

179. If in the opinionof the Minister the sheltered nature and conditions of internationalvoyages

(a) between near neighbouring ports in Sri Lanka and inanother Convention

country; or

(b) between near neighbouring ports in any two or more countriesor territories

outside Sri Lanka, make it unreasonable or impracticableto apply the

provisions of this Part to ships plying on such voyages,and the Minister is

satisfied that the Government of the other country orterritory or, as the case

may be, other countries or territories agrees with thatopinion, he may by order

direct that ships plying on international voyages betweenthose ports (as

specified in the order), or any class of such ships asmay be specified in such

order, shall be exempt from the provisions of this Part.

180. The Minister mayby order direct that

(a) ships under eighty tons register engaged solely inthe coasting trade; or

(b) any class of ships specified in the order, shall beexempt from the

provisions of this Part while not carrying cargo or (ifthe order so provides)

whether carrying cargo, or not.

181. On theapplication of the owner of a Ship which is

(a) registered in Sri Lanka, and

(b) an existing ship of not less than one hundred andfifty tons gross tonnage

or a new ship of not less than twenty-four metres inlength, the Minister may

exempt the ship from all or any of the provisions of thisPart or of any

regulations made hereunder, if in his opinion the shiphas such features, of a

novel kind, that if the ship had to comply with suchprovisions the development

of those features and their incorporation in shipsengaged on international

voyages might be seriously impeded.

182 On the applicationof the owner of a Ship Which is

(a) registered in Sri Lanka; and

(b) an existing ship of not less than one hundred andfifty tons gross tonnage

or a new ship of not less than twenty-four metres inlength; or

(c) a ship which does not ply on international voyages,the Minister may,

subject to the provisions of sections 184 and 185, byorder exempt the ship

from all or any of the provisions of this Part or of anyregulations made

hereunder.

183. Without prejudiceto the provisions of section 182, where a ship which is

(a) registered in Sri Lanka; and

(b) an existing ship of not less than one hundred andfifty tons gross tonnage

or a new ship of not less than twenty-four metres inlength, does not normally

ply on international voyages but is, in exceptionalcircumstances, required to

undertake a single international voyage, the Minister, onthe application of the

owner of the ship, subject to the provisions of sections184 and 185, by order

specifying the international voyage in question exemptthe ship from all or any

of the provisions of this Part or of any regulations madehereunder.

184. An order madeunder section 182 or section 183, may be made subject to suchconditions as theMinister may think fit, and in such event the exemption conferred by theordershall not apply in relation to a ship unless the ship complies with suchconditions.

185. Where theMinister exempts a ship under section 181, section 182, or section 183, heshallissue the appropriate certificate to the owner of the ship, in such form andmanner asmay be prescribed by the Load Line Regulations; and when suchexemption is made under

(a) section 181 or section 183, the certificate shall becalled an "International

Load Line Exemption Certificate ";

(b) section 182, shall be called a "Sri Lanka LoadLine Exemption Certificate ".

PART VII

SAFETY OF NAVIGATION

CHAPTER 1

PREVENTION OF COLLISIONS

186.(1) The Ministermay (without prejudice to the powers conferred on him by

section 139) make regulations for preventing collisionsat sea (in this Act

referred to as " collision regulations "), andmay thereby regulate the lights to

be carried and exhibited, the fog signals to be carriedand used, and the

steering and sailing rules to be observed by all SriLanka ships wherever they

may be.

(2) The power of the Minister under subsection (1) shallinclude power to make

regulations for the prevention of collisions at sea

(a) between seaplanes on the surface of the water; and

(b) between ships and seaplanes on the surface of thewater.

(3) Regulations made under subsection (1) together withthe provisions of this

Part relative thereto or otherwise relating to collisionsshall be observed by all

ships and seaplanes of foreign registry within Sri Lankawaters, and in any

case before a court in Sri Lanka concerning aninfringement of the collision

regulations arising within Sri Lanka waters, foreignships and seaplanes shall

be treated as if they were ships and seaplanes registeredin Sri Lanka.

187.(1) All owners andmasters of Sri Lanka ships shall obey the collision

regulations, and shall not carry or exhibit any otherlights or use any other fog

signals than such as are prescribed by those regulations.

(2) If an infringement of the collision regulations iscaused by the willful default

of the master or owner of a ship he shall be guilty of anoffence and on

conviction thereof shall be liable to a fine notexceeding one thousand rupees.

(3) If any damage to person or property arises from thenon-observance by any

ship of any of the collision regulations, the damageshall be deemed to have

been occasioned by the willful default of the person incharge of the deck of

the ship at the time, unless it is shown to thesatisfaction of the Court that the

circumstances of the case made a departure from theregulations necessary.

(4) Subsections (1) and (2) shall apply to the owners andpilots of seaplanes

on the surface of water as they apply to the owners andmasters of ships, and

subsection (3) shall apply to the pilot or other personin charge of a seaplane

as it applies to the person in charge of the deck of aship.

188.(1) Rules made,whether before or after the coming into operation of this Act,

under any other Act or Ordinance concerning lights andsignals to be carried,

or the steps for avoiding collision to be taken, by shipsnavigating the waters of

any port, river or other area of inland navigation,shall, as regards such ships,

have full force and effect notwithstanding anything inthis Act.

(2) Where there are no rules referred to in subsection(i) in force in respect of

any matters specified therein, then, the Minister maymake rules under this Act

in respect of such matters, and any rules so made shallhave force and effect

as though they were part of the collision regulations.

189.(1) A Surveyor mayinspect any Sri Lanka or foreign ship for the purpose of

seeing that the ship is properly provided with lights andthe means of making

fog signals, in conformity with the collisionregulations.

(2) If a Surveyor finds that a ship is not provided withlights and the means of

making fog signals in conformity with the collisionregulations he shall give to

the master or owner thereof a notice in writingspecifying (a) the deficiency ;

and (b) what is in his opinion necessary in order toremedy the deficiency.

(3) A Surveyor shall give details of every notice given byhim under subsection

(2) to the chief officer of customs at any port at whichthe ship to which such

notice relates seeks clearance, and the ship shall bedetained until a certificate

under the hand of the Surveyor is produced, to the effectthat the ship is

properly provided with lights and with the means ofmaking fog signals, in

conformity with the collision regulations.

(4) For the purpose of an inspection under this section,a Surveyor shall have

all the powers of an inspector under section 314.

(5) Where the certificate as to lights and signals in aship is refused, an owner

may appeal to the Court of Survey constituted undersection 217 for the port

where the ship for the time being is, in such manner asmay be directed by the

rules of that Court.

(6) On any appeal under subsection (5), the Judge of theCourt of Survey shall

report to the Director on the question raised by theappeal and the Director,

when satisfied that the requirements of the report andthis Act as to lights and

fog signals have been complied with, may grant or directa Surveyor or other

person appointed by him to grant the certificate referredto in subsection (3).

(7) Subject to any order made by the Judge of a Court ofSurvey, the costs of

and incidental to an appeal under subsection (5) shallfollow the event.

(8) A Surveyor shall, in making an inspection of a shipunder this section, if the

owner of the ship so requires, be accompanied on theinspection by some

person appointed by the owner, and if in that case theSurveyor and the

person so appointed agree there shall be no appeal underthis section to a

Court of Survey.

(9) The Minister may by regulations prescribe the fees tobe paid in respect of

an inspection of lights and fog signals under thissection.

190.(1) A person on aSri Lanka ship shall not, when the ship is going ahead, eive

a helm or steering order

(a) containing the word " starboard " or "right ", or any equivalent

thereof, unless he intends that the head of the shipshall move tothe right;

(b) containing the word " port" or " left", or any equivalent thereof,

unless he intends that the head of the ship shall move tothe left.

(2) Any person who contravenes the provisions ofsubsection (1) shall be guilty

of an offence and on conviction thereof shall be liable toa fine not exceeding

one thousand rupees.

CHAPTER 2

REPORTS OF ACCIDENTS AND LOSSESOF SHIPS

191.(1) When a ship

(a) has sustained or caused any accident occasioning lossof life

or any serious injury to any person ; or

(b) has received any material damage affecting herseaworthiness

or her efficiency, either in her hull or in any part ofher machinery,

the owner or master thereof shall, within twenty-fourhours after

the happening of the accident or damage or as soon aspossible

thereafter, transmit to the Shipping Officer, if the shipis in a port,

or otherwise to the Director, a report of the accident ordamage.

(2) Every report of accident or damage to a ship madeunder subsection (1)

shall be signed by the owner or master of the ship, andshall state

(a) the name of the ship, the port to which the shipbelongs, the

official number (if any) of the ship and the place wherethe ship is;

(b) the circumstances in which the accident or damageoccurred;and

(c) the probable cause of the accident or damage.

(3) Any owner or master of a ship who fails, withoutreasonable cause, to

comply with this section shall be guilty of an offenceand on conviction thereof

shall be liable to a fine not exceeding one thousandrupees.

(4) This section shall apply to all Sri Lanka ships andto all foreign ships

carrying passengers between places in Sri Lanka.

192.(1) If themanaging owner or agent of any Sri Lanka ship has reason, owing to

the non-appearance of the ship or to any othercircumstance, to believe that

the ship has been wholly lost, he shall cause areasonable search to be made

for the ship and shall, as soon as conveniently may be,send to the Director a

notice in writing signed by him and stating

(a) the name of the ship, the port to which the shipbelongs and

the official number (if any) of the ship ; and

(b) a report of the loss of the ship and thecircumstances and

probable cause of such loss.

(2) Any managing owner or agent of a ship who fails,without reasonable

cause, to comply with this section within a reasonableperiod from the time

when he has reason to believe such ship to have beenlost, shall be guilty of

an offence and on conviction thereof shall be liable to afine not exceeding one

thousand rupees.

CHAPTER 3

LIGHTHOUSES

193. In this Part,unless the context otherwise requires

" buoy " and " beacon " include allother marks and signals of the sea;

" lighthouse ", in addition to the ordinarymeaning of the word, includes any floating and otherlight exhibited for theguidance of ships, and also any apparatus for transmitting fog signals,and anyradio beacon, and also any addition to a lighthouse of any improved light,apparatusfor transmitting fog signals, or radio beacon.

194. Any person whowillfully or negligently

(a) damages or obscures any lighthouse or the lightsexhibited therein, or any

buoy, beacon or other aid to navigation;

(b) removes, alters, destroys or damages any lightship,buoy, beacon or other

aid to navigation, or any cable, wire or other apparatusused in connexion

therewith ; or

(c) rides by, makes fast to, or runs foul of, anylightship, buoy, beacon or other

aid to navigation, shall (in addition to the expenses ofmaking good any

damage so occasioned) be guilty of an offence and onconviction thereof shall

be liable to a fine not exceeding five hundred rupees;and the Court trying the

case may (notwithstanding any limitation of its ordinaryJurisdiction) make an

order for the payment by such person of the expenses ofmaking good any

damage occasioned by such contravention, and the sumpayable by such

person under such order shall be deemed to be a fineimposed by the Court.

195.(1) Whenever anyfire or light is burnt or exhibited at such a place or in such amanner

(a) as to be liable to be mistaken for a light from alighthouse ; or

(b) as to affect the visibility of the light proceedingfrom a

lighthouse, any authorized officer may serve a noticeupon the

owner of the place where the fire or light is burnt orexhibited, or

on the person in charge of the fire or light, directingthat owner or

person, within a reasonable time to be specified in thenotice, to

take effectual means for extinguishing or effectuallyscreening the

fire or light and for preventing for the future anysimilar fire or light.

(2) For the purposes of subsection (1), the expression" authorized officer", in

relation to any lighthouse, means the officer-in-chargeof the lighthouse, or,

where such lighthouse has no officer-in-charge, anyMaster Attendant,*

Government Agent, Assistant Government Agent, ShippingOfficer,

Superintendent or Assistant Superintendent of Police, adivisional Assistant

Government Agent or officer of the armed forces of SriLanka.

196. A notice undersection 195 may be served either

(a) personally; or

(b) by delivery of the notice at the place of abode ofthe person to be served; or

(c) by fixing the notice in some conspicuous spot near tothe fire or light to

which the notice relates.

197. Any person onwhom a notice is served under section 195 (read with section 196) whofails,without reasonable cause, to comply with the directions contained thereinshall, (inaddition to any expenses to which he may be liable under thisChapter) be guilty of an offenceand on conviction thereof shall be liable to afine not exceeding one thousand rupees.

MERCHANT SHIPPING(198 - 297)

AN ACT TO AMEND AN DCONSOLIDATE THE LAW RELATING TO MERCHANTSHIPPING IN FORCE IN SRI LANKA, AND TOMAKEPROVISION FOR MATTERSCONNECTED THEREWITH OR INCIDENTALTHERETO.

198. If the owner orperson on whom a notice is served under section 195 (read with section196)fails to extinguish or effectually screen the fire or light mentioned in thenotice, anyauthorized officer within the meaning of that section may

(a) by his servants or workmen enter the place where thefire or light is and

forthwith extinguish the same, doing no unnecessarydamage;

(b) recover the expenses incurred by him in so doing fromthe owner or person

on whom the notice has been served in the manner providedin the Civil

Procedure Code for actions by summary procedure on liquidclaims.

CHAPTER 4

ASSISTANCE

199.(1) The master ofa Sri Lanka ship on receiving at sea a signal from any source

that a ship or aircraft or survival craft thereof is indistress, shall go with all

speed to the assistance of the persons in distress,informing them if possible

that he is doing so, and if

(a) he is unable; or

(b) in the special circumstances of the case he considersit

unreasonable or unnecessary to proceed to theirassistance, he

shall enter in the log of the ship the reason for failingto proceed to

the assistance of the persons in distress.

(2) The master of a ship shall be released from theobligation imposed by

subsection (1) pursuant to the provisions of subsection(2) of section 200, or

when he learns that one or more ships, other than hisown, have been

requisitioned under section 200, and are complying withthe requisition.

(3) If a master fails to comply with the provisions ofthis section he shall be

guilty of an violence and on conviction thereof shall beliable to a fine not

exceeding two thousand rupees.

200.(1) The master ofa ship in distress, after consultation, so far as may be

possible, with the masters of the ships which answer hiscall for assistance,

has the right to requisition such one or more of thoseships as he considers

best able to render assistance; and it shall be the dutyof the master or

masters of the ship or ships requisitioned to comply withthe requisition, by

continuing to go with all speed to the assistance ofpersons in distress.

(2) The master of a ship shall be released from theobligation imposed by

subsection (1) of section 199 and, if his ship has beenrequisitioned, from the

obligation imposed by subsection (1) of this section, ifhe is informed by the

persons in distress or by the master of another shipwhich has reached such

persons that assistance is no longer necessary.

201.(1) The master ofa ship shall, so far as he can do so without serious danger to

his own ship and the crew and passengers (if any) of suchship, render

assistance to every person (even an enemy) who is foundat sea in danger of

being lost.

(2) If the master of a ship fails to comply with theprovisions of subsection (1),

he shall be guilty of an offence and on convictionthereof shall be liable to

imprisonment of either description for a term notexceeding two years, or to a

fine not exceeding three thousand rupees, or to both suchimprisonment andfine.

202.(1) After acollision between ships, the master of each ship shall, if and so far

as he can do so without danger to his own ship, crew andpassengers (if any),

(a) make his best efforts to give to the other ship, themaster, crew

and passengers (if any) thereof such assistance as maybepracticable and as may be necessary to save them from anydanger caused by thecollision;

(b) stand by the other ship, until he has ascertainedthat such ship

has no need of further assistance ;

(c) give the master of the other ship the name and portof registry

of his ship, and the names of the ports from which hisship sailed

and to which his ship is bound.

(2) If the master of a ship fails, without reasonablecause, to comply with any

provision of subsection (1), he shall be guilty of anoffence and on conviction

thereof shall be liable to imprisonment of eitherdescription for a term not

exceeding two years, or to a fine not exceeding threethousand rupees, or to

both such imprisonment and fine.

203. Where theDirector, for the purpose of enabling persons to be moved from any placeinconsequence of a threat to their lives, has permitted more persons to becarried on board aship than are permitted under this Act or any regulationsmade thereunder, the carriage ofthose persons shall not be an offence.

204. Compliance by amaster with any of the provisions of this Chapter shall not affect hisright orthe right of any other person to salvage.

CHAPTER 5

UNSEAWORTHY SHIPS

205.(1) Any person whosends or attempts to send any ship, Sri Lanka or foreign,

to sea from any port in Sri Lanka in such an unseaworthystate that the life of

any person is likely to be thereby endangered shall beguilty of an offence,

unless he proves either

(a) that he used alt reasonable means to ensure such shipbeing

sent to sea in a seaworthy state ; or

(b) that the going to sea of such ship in such an unseaworthy

state was in the circumstances reasonable andJustifiable.

(2) Any master of a ship, Sri Lanka or foreign, whoknowingly takes such ship

to sea from any port in Sri Lanka in such an unseaworthystate that the life of

any person is likely to be thereby endangered, shall beguilty of an offence,

unless he proves that the going to sea of such ship insuch an unseaworthy

state was in the circumstances reasonable andjustifiable.

(3) A prosecution under this section shall not beinstituted except with the

consent of the Director.

(4) An offence under this section shall be punishable onconviction with

imprisonment of either description for a term notexceeding two years, or to a

fine not exceeding three thousand rupees, or to both suchimprisonment andfine.

206.(1) In everycontract of service, express implied, between the owner of a ship

and the master or any seaman thereof, or in anyinstrument of apprenticeship

whereby any person is bound to serve on board a ship,there shall be implied

(notwithstanding any agreement to the contrary) anobligation on the owner of

the ship that the owner of the ship and the master andevery agent charged

with the loading of the ship, or the preparing of theship for sea, or the sending

of the ship to sea, shall use all reasonable means

(a) to ensure the seaworthiness of the ship at the timewhen thevoyage commences ; and

(b) to keep the ship in a seaworthy condition during thevoyage.

(2) Nothing in subsection (1) shall subject the owner ofa ship to any liability by

reason of the ship being sent to sea in an unseaworthystate where, owing to

special circumstances, the sending of the ship to sea insuch a state was

reasonable and justifiable.

207.(1) Where anyship, being in any port in Sri Lanka, is an unsafe ship, that is to

say, is, by reason of the defective condition of herhull, equipment, machinery,

undermanning, overloading or improper loading, unfit toproceed to sea without

serious damage to human life having regard to the natureof the service for

which she is intended, such ship may be provisionallydetained for the purpose

of being surveyed or ascertaining the sufficiency of hercrew, and either finally

detained or released under section 208.

(2) Nothing in this section shall affect any foreign shipnot bound to a port in Sri

Lanka, which comes into any port in Sri Lanka for anypurpose, other than the

purpose

(a) of embarking or landing passengers; or

(b) taking in or discharging coal or taking in bunkers.

208.(1) The Director,if he has reason to believe (whether on a complaint or

otherwise) that a ship in any port in Sri Lanka is anunsafe ship, may order the

provisional detention of the ship as an unsafe ship forthe purpose of being

surveyed.

(2) Where a ship has been provisionally detained by orderunder subsection(1)

(a) a written statement of the grounds of the detentionof such

ship shall forthwith be served on the master of the ship;

(b) in the case of a foreign ship, a copy of such ordershall

forthwith be served on the Consular officer for thecountry to

which the ship belongs at or nearest to the port in whichthe shipmay be ;

(c) the Director may, if he thinks fit, appoint somecompetent

person or persons to survey the ship and report thereonto him ;

(d) the owner or master of the ship may, at any timebefore any

person or persons appointed under paragraph (c) to surveythe

ship make such a survey, require such person or personsto be

accompanied by such person as the owner or master mayselect

from the list of assessors for the Court of Survey for theport

referred to in section 217, and in that case, if all suchpersons

agree the Director shall cause the ship to be detained orreleased

accordingly as the circumstances may require (but without

prejudice to any appeal under subsection (4)) or, if theydo not

agree, shall act as if such requisition had not beenmade,

(e) in the case of a foreign ship, the Consular officerreferred to in

paragraph (b) may, on the request of the owner or masterof the

ship, require that any person or persons appointed under

paragraph (c) shall be accompanied by such person as the

Consular officer selects and, if all such persons agree,the

Director shall cause the ship to be detained or releasedas the

circumstances may require (but without prejudice to anyappeal

under subsection (4)) or, if they do not agree, shall actas if such

requisition had not been made.

(3) The Director, on receiving the report, on a shipreferred to in subsection (2),

may either

(a) order the ship to be released ; or

(b) if in his opinion the ship is unsafe, (and subject tosubsection

(4)) order her to be finally detained, either absolutelyor until the

compliance with such conditions with respect to theexecution of

repairs or alterations, or the unloading or reloading ofcargo, or

the manning of the ship, as he thinks necessary for theprotection

of human life, and may vary or add to any such order.

(4) Before an order for the final detention of a shipunder subsection (3) is

made, a copy of the report on the ship referred to inparagraph (c) of

subsection (2) shall be served upon the master of theship and within seven

days of such service the owner or master of the ship mayappeal in the

prescribed manner to a Court of Survey constituted underPart VIII.

(5) Where a ship has been provisionally detained undersubsection (1), the

Director may at any lime, if he thinks it expedient,refer the matter to the Court

of Survey constituted under Pan VIII.

(6) The Director may at any time, if satisfied that aship detained under thissection is not unsafe, order her to be released eitherupon or without anyconditions-

209.(1) An order forthe detention of a ship, whether provisional or final, and any

order varying such order, shall be served as soon as maybe on the master of

the ship.

(2) A ship detained under this Act shall not be releasedby reason of the Sri

Lanka registry of such ship being closed-

210.(1) Every ShippingOfficer and Surveyor shall have the same power as the

Director has under section 208 of ordering theprovisional detention of a ship

for the purpose of survey or for ascertaining thesufficiency of her crew, and of

appointing a person or persons to survey the ship ; andif he thinks that a ship

so detained by him is not unsafe he may order such shipto be released.

(2) Any officer detaining a ship under subsection (1)shall forthwith report to the

Director any order made by him for the detention orrelease of a ship.

(3) Any person surveying a ship under paragraph (c) ofsubsection (2) of

section 208, and any officer detaining a ship under subsection(1) of this

section, shall, for the purpose of such survey anddetention, have the same

power as a person appointed by a Court of Surveyconstituted under Part VIII

to survey a ship, and the provisions of this Act withrespect to a person so

appointed shall apply accordingly; and the powersexercisable by such person

or officer shall include power to muster the crew of theship.

211.(1) If it appearsthat there was no reasonable and probable cause, by reason

of the condition of a ship or the act or default of theowner thereof, for the

provisional detention under this Chapter of a ship as anunsafe ship, the

Government shall be liable to pay to the owner of theship

(a) his costs of and incidental to the detention andsurvey of theship; and

(b) compensation for any loss or damage sustained by himby

reason of the detention or survey.

(2) If a ship is finally detained under this Act, or ifit appears that a ship

provisionally detained was at the time of such detentionunsafe, the owner of

the ship shall be liable to pay to the Government thecosts of and incidental to

the detention and survey of the ship ; and such costsshall, without prejudice to

any other remedy, be recoverable as salvage isrecoverable.

(3) For the purposes of this Act,

(a) the costs of and incidental to any proceeding beforea Court of

Survey constituted under Part VIII; and

(b) a reasonable amount in respect of the remuneration ofthe

persons appointed as Surveyors under paragraph (c) of

subsection (2) of section 208, or any person appointed to

represent the Government, shall be part of the costs ofthe

detention and survey of the ship.

(4) Any dispute as to the amount of the costs of thedetention and survey of a

ship may be referred to a Judge of the High Court whoshall, on the request of

the Minister, ascertain and certify the proper amount ofthose costs.

(5) An action for any costs or compensation payable bythe Government under

this section may be brought against the Attorney-Generalunder Chapter XXXI

of the Civil Procedure Code.

212.(1) Where acomplaint is made to the Director, a Shipping Officer or a

Surveyor, that a Sri Lanka ship is unsafe, such officermay require the

complainant to give security to the satisfaction of suchofficer, for any costs

and compensation which he may become liable to pay asmentioned in

subsection (3).

(2) The security referred to in subsection (1) shall notbe required where the

complaint relating to a ship

(a) is made by one-fourth, being not less than three, ofthe

seamen belonging to the ship ;and

(b) is not in the opinion of the Director, ShippingOfficer or

Surveyor, as the case may be, frivolous or vexatious, butin such

case such officer shall, if the complaint is made insufficient time

before the sailing of the ship, take proper steps forascertaining

whether the ship ought to be detained.

(3) Where a ship is detained in consequence of anycomplaint under

subsection (1), and the circumstances are such that theGovernment is liable

under section 211 to pay to the owner of the ship anycosts or compensation,

the complainant shall be liable to pay to the Governmentall such costs and

compensation as the Government incurs or is liable to payin respect of the

detention and survey of the ship.

213.(1) Whenever inany proceedings against any seaman belonging to any ship

for the offence of desertion or absence without leave, orfor otherwise being

absent from his ship without leave, it is alleged byone-fourth, or if their number

exceeds twenty by not less than five, of the seamenbelonging to the ship

(a) that the ship is by reason of unseaworthiness,overloading,

improper loading, defective equipment, or any otherreason not in

a fit condition to go to sea; or

(b) that the crew accommodation in the ship isinsufficient or does

not comply with the requirements imposed by anyregulations

made under section 127, the Court having cognizance ofthe case

shall take such means as are in its power to satisfyitself

concerning the truth or untruth of the allegation, andfor thatpurpose,

(i) shall receive the evidence of the person makingtheallegation;

(ii) may summon any other witnesses whose evidence

it thinks it desirable to hear;

(iii) shall, if satisfied that the allegation isgroundless,

adjudicate in the case; and

(iv) shall, if not satisfied that the allegation isgroundless, beforeadjudication cause the ship to besurveyed.

(2) A seaman charged with desertion or with quitting hisship without leave

shall not have a right to apply for a survey under thissection, unless he has

before quitting the ship complained to the master of thecircumstances alleged

by him to justify a survey of the ship.

214.(1) For thepurpose of section 213, the Court shall require

(a) any Surveyor; or

(b) if a Surveyor cannot be obtained without unreasonable

expense or delay or is not in the opinion of the Courtcompetent to

deal with the special circumstances of the case, then,any other

impartial Surveyor appointed by the Court and having nointerest

in the ship, her freight or cargo, to survey the shipwhich is the

subject of an allegation under such section, and toanswer any

question concerning such ship which the Court thinks fitto ask.

(2) A Surveyor appointed under subsection (1) to surveyany ship shall

(a) survey such ship;

(b) make a written report thereon to the Court; and

(c) include in his written report an answer to everyquestion put to

him by the shall Court.

(3) On receiving a report under subsection (2), the Courtshall

(a) communicate the report to the parties; and

(b) unless the opinions expressed in the report areproved to the

satisfaction of the Court to be erroneous, determine thequestion

before it in accordance with those opinions.

(4) Any person making a survey of a ship under thissection shall have for the

purposes thereof all the powers conferred on an inspectorby section 314.

215.(1) The costs, ifany, of a survey of a ship made under section 214 shall be

determined by the Chief Surveyor according to a scale offees to beprescribed.

(2) If it is proved that the ship is in a fit conditionto go to sea, or that the

accommodation therein is sufficient or complies with suchrequirements as

may be prescribed, as the case may be, the costs of thesurvey shall be paid

by the person upon whose demand or in consequence ofwhich allegation the

survey was made; and such costs may be deducted by themaster or owner of

the ship from the wages due or to become due to thatperson, and shall be

paid to the Government.

(3) If it is proved that the ship is not in a fitcondition to go to sea, or that the

accommodation therein is not sufficient or does notcomply with such

requirements as may be prescribed, as the case may be,the master or owner

of the ship shall pay the costs of the survey to theGovernment, and shall be

liable to pay to the seaman who has been detained inconsequence of the

proceeding before the Court under section 213 suchcompensation as the

Court may award.

PART VIII

COURTS OF SURVEY

216. In this Part," Court of Survey" means a Court of Survey constituted under section217.

217.(1) A Court ofSurvey for a port shall consist of a Judge sitting with two

assessors.

(2) The Judge shall be such person as is summoned for thecase in

accordance with rules made under section 220 out of alist approved by the

Minister of Magistrates and other fit persons; but in anyspecial case in which

the Minister thinks it expedient, after consultation withthe President of the

Court of Appeal, to appoint a Judge of the High Court,such Judge shall be

Judge of the Court of Survey.

(3) The assessors shall be persons of nautical,engineering or other special

skill and experience.

(4) Subject to subsection (5), one of the assessors shallbe appointed by the

Minister, either generally or for the particular case,and the other shall be

summoned by the Registrar of the Court of Survey from alist of persons

periodically nominated for the purpose by the Chambers ofCommerce of such

port, in accordance with such rules as aforesaid, or, ifthere is no such list,

shall be appointed by the Judge.

(5) Where the owner or master of a foreign ship appealsto a Court of Survey,

the Consular officer for the country to which the shipbelongs, acting on the

request of such owner or master, or if there is no suchConsular officer

available the owner or master of such ship, may appoint acompetent person to

be a member of the Court of Survey in lieu of such personas would (had the

ship been a Sri Lanka ship) have otherwise been summonedby the Registrar

or appointed by the Judge under subsection (4).

(6) The Registrar of the Court of Survey shall beappointed by the Minister, and

shall, on receiving notice of an appeal or referenceunder section 208,

immediately summon the Court to meet forthwith, in suchmanner as may be

prescribed by such rules as aforesaid.

(7) The name of the Registrar and his office, togetherwith the rules made as

aforesaid relating to Courts of Survey, shall bepublished in such manner as

may be prescribed by such rules.

218.(1) The followingprovisions shall have effect in relation to a Court of Surveyconcerning anyship :

(a) the case shall be heard in open Court;

(b) the Judge, each assessor, and any person appointed bythe

Judge may survey the ship and may go on board the shipand

inspect the ship and every part thereof and themachinery,

equipment and cargo, and may require the unloading andremoval

of any cargo, ballast or tackle, and shall for suchpurpose have all

the powers of an inspector under section 314;

(c) the Court may order the ship to be surveyed, and mayappoint

any competent person or persons to survey the ship andreport

thereon to the Court;

(d) the Judge shall have the same power as the Directorhas to

order the ship to be released or finally detained but,unless one of

the assessors concurs in an order for the detention ofthe ship, the

ship shall be released; and

(e) the owner and the master of the ship, and any person

appointed by the owner or master, may attend at anyinspection or

survey made in pursuance of this section.

(2) The Court may make such order with respect to thecosts of any inquiry or

investigation under this Act as it may think fit, andsuch costs shall be

recoverable in the same manner as a civil debt.

(3) Any person who willfully impedes the Judge of theCourt of Survey, or any

assessor or other person, in the execution of any surveyunder this section, or

fails to comply with any requisition made by him shall beguilty of an offence

and on conviction thereof shall be liable to a fine notexceeding two hundred

rupees.

219. The Judge of aCourt of Survey shall send to the Minister such report as is directed byrulesmade under section 220, and each assessor shall either sign the report, orreport to theMinister the reasons for his dissent.

220. Rules may be madeby the Supreme Court to carry into effect the provisions of this Actrelating toCourts of Survey and, without prejudice to the generality of such powers, suchrulesmay be made with respect to the summoning of and procedure before theCourt, the form andsending of reports to the Minister, the requiring on anappeal of security for costs anddamages, and the amount of fees.

221.(1) If theMinister is of opinion that an appeal to a Court of Survey involves a

question of construction or design or of scientificdifficulty or important

principle, he may refer the matter to such one or moreout of a list of scientific

referees from time to time approved by the Minister asappear to possess the

special qualifications necessary for the particular caseand may be selected by

agreement between the Minister and the appellant or, in defaultof any such

agreement, by the President, and thereupon the appealshall be determined by

the referee or referees, instead of by the Court ofSurvey.

(2) The Minister, if the appellant in any appeal sorequires and gives security to

the satisfaction of the Minister to pay the costs of andincidental to the

reference, shall refer the appeal to the referee orreferees selected under

subsection (1).

(3) A referee or referees selected under subsection (1)shall have the same

powers as a Judge of a Court of Survey.

222. Suchremuneration, if any, as the Minister may direct shall be paid by theGovernmentto any Judge or assessor of a Court of Survey, any Registrar of aCourt of Survey, anyscientific referee, and any other officer or personappointed for the purpose of a Court ofSurvey, or any inquiries orinvestigations held under Part IV of this Act, or any formal inquiryunder thisAct.

223. No action, suitor other proceeding shall be brought against any person for anythingdone oromitted to be done by him as a member of a Court of Survey.

PART IX

WRECK AND SALVAGE

CHAPTER 1

PRELIMINARY

224. In this Part,otherwise requires

" receiver " means a receiver of wreck, andincludes a deputy receiver;

" salvage " includes all expenses properlyincurred by a salvor in the performance of salvageservices;

" shipwrecked persons " means persons belongingto any ship referred to in section 227;

"vehicle" includes any vehicle of anydescription, whether propelled by mechanical power orotherwise, and whetherused for drawing other vehicles or otherwise;

" wreck " includes jetsam, flotsam, lagan andderelict found in or on the shores of the sea orany tidal water.

225.(1) The Directorshall be the Principal Receiver of Wrecks for Sri Lanka and

shall have all the powers of a receiver of wrecksthroughout Sri Lanka. The

Principal Receiver of Wrecks shall exercise generaldirection and supervision

over all matters relating to receivers, wreck andsalvage.

(2) There may be appointed in any district any person tobe a receiver of

wrecks and to perform the duties of a receiver under thisPart.

226.(1) There shall bepaid to every receiver of wrecks the expenses properly

incurred by him in the performance of his duties, andalso in respect of such

other matters as may be prescribed such fees as may beprescribed ; and

such receiver shall not be entitled to any remunerationother than suchpayments.

(2) A receiver of wrecks shall, in addition to alt otherrights and remedies for

the recovery of the expenses and fees referred to insubsection (1), have the

same rights and remedies in respect thereof as a salvorhas in respect of

salvage due to him.

(3) Whenever any dispute arises as to the amount payableto any receiver of

wrecks in respect of expenses or fees, such dispute shallbe determined by the

Minister, whose decision shall be final-

(4) All fees received by a receiver of wrecks in respectof any services

performed by him as such receiver shall be accounted forto the Government,

and shall be applied in defraying any expenses duly incurredin carrying this

Act into effect and, subject to such application, shallbe paid into the

Consolidated Fund.

CHAPTER 2

VESSELS IN DISTRESS

227.(1) Where a SriLanka or foreign vessel is wrecked, stranded or in distress at

any place on or near the coasts of Sri Lanka or in anytidal water within Sri

Lanka waters, the receiver of wrecks for the district inwhich that place is

situated shall, upon being made acquainted with thecircumstances,

(a) forthwith go to such place ,

(b) upon his arrival at such place take command of allpersonspresent;

(c) assign such duties and give such directions to eachperson

present as he thinks fit for the preservation of thevessel and of

the lives of the persons belonging to the vessel, and ofthe cargo

and apparel of the vessel.

(2) Any person who, without reasonable excuse, willfullydisobeys the direction

of the receiver shall be guilty of an offence and onconviction thereof shall be

liable to a fine not exceeding one thousand rupees; butthe receiver shall not

interfere between the master and the crew of the ship inreference to the

management thereof, unless he is requested to do so bythe master.

228.(1) A receiver ofwrecks may, with view to the preservation of shipwrecked

persons, or at a vessel, her cargo or, apparel

(a) require such persons as he thinks necessary to assisthim;

(b) require the master or other person having the chargeof any

vessel near at hand to give such aid with his men orvessel as isin his power;

(c) demand the use of any vehicle or draught animal thatmay be

near at hand.

(2) Any person who refuses, without reasonable excuse, tocomply with any

requisition or demand made under subsection (1) shall beguilty of an offence

and on conviction thereof shall be liable to a fine notexceeding two thousand

rupees.

229.(1) Whenever a SriLanka or foreign vessel is wrecked, stranded or in distress

at any place on or near the coasts of Sri Lanka, or anytidal water within Sri

Lanka waters, all persons may, for the purpose of

(a) rendering assistance to the vessel;

(b) saving the lives of shipwrecked persons;

(c) saving the cargo and apparel of the vessel. unlessthere in

some public road equally convenient, pass and repass(either with

or without vehicles or draught animals) over anyadjoining lands,

without being subject to interruption by the owner oroccupier

thereof, so however that they do as little damage aspossible, and

they may also (subject to the same conditions) deposit onthose

lands any cargo or other article recovered from the vessel.

(2) Any damage sustained by the owner or occupier of anyland in

consequence of the exercise of the rights given bysubsection (1) shall be a

charge on the vessel, cargo or articles in respect of orby which the damage is

occasioned and the amount payable in respect of thedamage shall, in case of

dispute, be determined and shall, in default of payment,be recoverable in the

same manner as the amount of salvage is under this Partdetermined or

recoverable.

(3) Any owner or occupier of any land who

(a) impedes or hinders any person in the exercise of therights

given by this section, whether by locking his gates orrefusing

upon request to open such gates, or otherwise ;

(b) impedes or hinders the deposit of any cargo or otherarticles

recovered from a vessel as aforesaid on the land; or

(c) prevents or endeavours to prevent any such cargo orother

article from remaining deposited on the land for areasonable time

until it can be recovered to a safe place of publicdeposit, shall be

guilty of an offence and on conviction thereof shall beliable to a

fine not exceeding two thousand rupees.

230.(1) Whenever a SriLanka or foreign vessel is wrecked, stranded or in distress

at any place on or near the coasts of Sri Lanka, or anytidal water within Sri

Lanka waters, and any person plunders, creates disorderor obstructs the

preservation of the vessel or of the shipwrecked personsor of the cargo or

apparel of the vessel, a receiver of wrecks may causesuch person to be

apprehended.

(2) A receiver of wrecks may use force for thesuppression of any plundering,

disorder or obstruction referred to in subsection (1),and may order any person

to assist him in so using force.

(3) If any person loses his life, limb or sustains injuryby reason of his resisting

the receiver or any person acting under the orders of areceiver of wrecks in

the execution of the duties entrusted to the receiver bythis Part, neither the

receiver nor the person acting under his orders shall beliable to any

punishment or to pay any damages by reason of the personlosing his life, limb

or sustaining any injury.

231.(1) Where areceiver of wrecks is not present, the following officers or persons

in succession, each in the absence of the others, and inthe order in which they

are named, may do anything by this Part authorized to bedone by such

receiver, namely

(a) any chief officer of customs;

(b) any Master Attendant;*

(c) any Government Agent;

(d) any Magistrate;

(e) any Superintendent or Assistant Superintendent ofPolice;

(f) any divisional Assistant Government Agent;

(g) any officer of the armed forces of Sri Lanka.

(2) An officer acting under subsection (1)-

(a) shall, with respect to any goods or articlesbelonging to a

vessel, the delivery of which to a receiver of wrecks isrequired by

this Part, be considered the agent of the receiver;

(b) shall place such goods and articles in the custody ofthe

receiver;

(c) shall not be entitled to any fees payable toreceivers;

(d) shall not be deprived by reason of his so acting ofany right to

salvage to which he would otherwise be entitled.

232.(1) Where any SriLanka or foreign ship is or has been in distress on the

coasts of Sri Lanka, a receiver or, in his absence, aMagistrate, shall, as soon

as conveniently may be, examine on oath (which he ishereby empowered to

administer) any person belonging to the ship, or anyother person who is able

to give any account thereof or of the cargo or storesthereof, as to the following

matters:

(a) the name and description of the ship;

(b) the name of the master and of the owners;

(c) the names of the owners of the cargo;

(d) the ports, from and to which the ship was bound ;

(e) the occasion of the distress of the ship;

(f) the services rendered ; and

(g) such other matters or circumstances relating to the shipor to

the cargo on board the ship as the person holding theexamination

thinks necessary.

(2) The person holding the examination under subsection(1) in relation to any

ship shall make a record thereof in writing, and shallsend one copy to the

Minister and another to the Director; and the Directorshall if he shall think fit

cause a copy of such record to be placed in a conspicuousplace in the office

of the Shipping Officer for the area in which .such shipwas in distress.

(3) The person holding an examination under subsection(1) shall for the

purposes thereof have all the powers conferred on aninspector by section314.

CHAPTER 3

DEALING WITH WRECK

233.(1) Where anyperson finds or takes possession of any wreck within sri Lanka,

or of any wreck found or taken possession of outside SriLanka and brought

within Sri Lanka, he shall

(a) if he is the owner thereof, give notice to thereceiver of the

district in which such wreck may be stating that he hasfound or

taken possession of such wreck and describing the marksby

which the wreck may be recognized ; or

(b) if he is not the owner thereof, as soon as possibledeliver the

wreck to the receiver of such district.

(2) Any person who fails, without reasonable cause, tocomply with the

provisions of subsection (1) relating to any wreck shallbe guilty of an offence

and on conviction thereof shall be liable to a fine notexceeding two thousand

rupees, and in addition shall, if he is not the ownerthereof,

(a) forfeit any claim to salvage in respect thereof;

(b) be liable to pay to the owner of the wreck, if it isclaimed, or if it

is unclaimed to the person entitled thereto, double thevalue of

wreck, to be recovered in the same way as a fine of likeamountunder this Act.

234.(1) Where a shipis wrecked, stranded or in distress at any place on or near the

coasts of Sri Lanka, or any tidal water within Sri Lanka,any cargo or other

articles belonging to or separated from the ship whichare washed on shore or

otherwise lost or taken from the ship shall be deliveredto a receiver of wrecks,

(2) Any person (whether or not the owner of any cargo orarticle) referred to in

the preceding subsection, who

(a) conceals or keeps possession of any such cargo orarticle ; or

(b) refuses to deliver any such cargo or article to areceiver of

wrecks or any person authorized by the receiver to demandsuch

cargo or article, shall be guilty of an offence and onconviction

thereof shall be liable to a fine not exceeding twothousandrupees.

(3) A receiver of wrecks, or any person authorized by thereceiver to demand

the delivery to him of any cargo or article referred toin subsection (1), may

take such cargo or article by force from any personrefusing to deliver it to him.

235. Where a receiverof wrecks takes possession of any wreck, he shall within forty-eighthours

(a) cause to be posted at the nearest police station, andotherwise publish in

such manner as he may deem fit, a description of thewreck and of any marks

by which it is distinguished ; and

(b) if in his opinion the value of the wreck exceeds twohundred rupees, send a

copy of such description to the Director.

236.(1) The owner ofany wreck in the possession of a receiver upon establishing

his claim thereto to the satisfaction of the receiverwithin one year from the

time when the wreck came into the possession of thereceiver shall, on paying

the salvage, fees and other expenses due, be entitled tohave the wreck or the

proceeds thereof delivered up to him.

(2) Where any wreck or other article belonging to or formingpart of a foreign

ship which has been wrecked on or near the coasts of SriLanka, or belonging

to and forming part of the cargo thereof, is found on ornear those coasts or is

brought into any port in Sri Lanka, the Consular officerof the country to which

the ship or, in the case of cargo, to which the owners ofthe cargo may have

belonged, shall, in the absence of the owner and of themaster or other agent

of the owner, he deemed to be the agent of the owner, sofar as relates to the

custody and disposal of the wreck or such article.

237.(1) A receiver of wrecks may at any time sell any wreckhis custody, if in hisopinion

(a) it is under the value of two hundred rupees;

(b) it is so much damaged or of so perishable a naturethat it

cannot with advantage be kept; or

(c) it is not of sufficient value to pay for warehousing.

(2) The proceeds of any sale made under subsection (1)shall, after defraying

the expenses thereof, be held by the receiver for thesame purposes, and

subject to the same claims, rights and liabilities as ifthe wreck had remained

unsold.

238.(1) All wreck,being foreign goods brought or coming into Sri Lanka, shall be

subject to the same duties as those to which such goodswould be subject if

they were imported into Sri Lanka.

(2) If any question arises as to the origin of any goodsreferred to in subsection

(1), they shall be deemed to be the produce of suchcountry as the Principal

Collector of Customs may on investigation determine.

(3) The Principal Collector of Customs shall permit

(a) all goods, wares or merchandise saved from any shipstranded

or wrecked on her homeward voyage to be forwarded to theport

of her original destination; and

(b) all goods, wares or merchandise saved from any shipstranded

or wrecked on her outward voyage to be returned to theport at

which they were shipped, but the Principal Collector ofCustoms

shall take security for the due protection of theConsolidated Fund

in respect of those goods.

CHAPTER 4

UNCLAIMED WRECK

239. The State isentitled to all unclaimed wreck within any part of Sri Lanka or found ortakenpossession of outside Sri Lanka and brought within Sri Lanka, except in anyplacewhere the State has granted to any person the right to any such wreck.

240. Where no ownerestablishes a claim to any wreck which

(a) has been found in Sri Lanka or found or takenpossession of outside Sri

Lanka and brought into Sri Lanka; and

(b) has been in the possession of a receiver of wrecksfor one year, the

receiver shall sell such wreck and shall pay to the Governmentthe proceeds of

the sale, after deducting therefrom the expense of saleand any other

expenses incurred by, and the fees payable to him, inrespect thereof and

paying there out to the salvors such amount of salvage asthe Minister in each

case or by any general rule may determine.

241. Upon delivery ofany wreck or payment of the proceeds of sale of any wreck by areceiver ofwrecks in pursuance of this Part, the receiver shall be discharged from allliabilityin respect thereof, but the delivery thereof shall not prejudice oraffect any question which maybe raised by third parties concerning the right ortitle to the wreck.

CHAPTER 5

REMOVAL OF WRECKS

242.(1) Where anyvessel is sunk, stranded or abandoned in any harbour or tidal

water under the control of a harbour or conservancyauthority, or in any

approach thereto in such manner as in the opinion of theauthority to be or

likely to be an obstruction or danger to navigation, orto life boats engaged in

life boat service, in that harbour or water or in anyapproach thereto, that

authority may

(a) take possession of, and raise, remove or destroy thewhole or

any part of the vessel;

(b) light or buoy any vessel or part of such vessel untilthe raising,

removal or destruction thereof;

(c) subject to subsections (2) and (3), sell in suchmanner as that

authority thinks fit any vessel or part so raised orremoved, and

also any other property recovered in the exercise of thepowers of

that authority under this section, and out of theproceeds of the

sale reimburse itself for the expenses incurred by thatauthority in

relation thereto under this section; and that authorityshall hold the

surplus, if any, of the proceeds in trust for the personsentitledthereto:

Provided, however, that such surplus shall be paid intothe

Consolidated Fund, unless such person establishes a claim

thereto within three years of such sale.

(2) A sale shall not, except in the case of propertywhich (a) is of a perishable

nature; or (b) would deteriorate in value by delay, bemade under this section,

until at least seven clear days' notice of the intendedsale has been given,

either by advertisement in some local newspapercirculating in or near the

district over which the authority referred to insubsection (1) has control, or in

such other manner as that authority shall think fit.

(3) At any time before any property is sold under thissection, the owner

thereof shall be entitled to have such property deliveredto him on payment to

the authority referred to in subsection (1) of the fairmarket value thereof; and

such value shall be ascertained by agreement between thatauthority and such

owner or, failing such agreement, by some person to benamed for the

purpose by the Director.

(4) Any sum received by the authority referred to in subsection(1) in respect of

any properly under subsection (3) shall, for the purposesof subsection (1), be

deemed to be the proceeds of sale of such property.

(5) If the proceeds of sale of any property sold underthis section are less than

the costs incurred by the authority referred to insubsection (1) when acting

under this section, that authority may recover suchdifference from the owner

of the vessel concerned by civil action.

243. The High Courtexercising admiralty jurisdiction or any other Court, shall not, by itselforits agents, receive, take, or interfere with, any wreck except under theauthority of, and inaccordance with, the provisions of this Act.

244.(1) If any person,being the owner of any vessel or any wrecked, submerged,

sunken or stranded vessel or the agent or wrecks servantof such owner,

wishes to break up such vessel prior to the removalthereof from Sri Lanka,

such person shall before commencing salvage or breakingup operations,

obtain the written permission of a receiver of wrecks.

(2) On receiving any application for permission for thebreaking up of any

vessel under this section, a receiver of wrecks shall, inhis discretion, beentitled

(a) to grant such permission; and

(b) to require security in such reasonable amount as hemay

consider necessary to ensure the effective removal of thevessel,

or any portion thereof, from Sri Lanka.

(3) Any person who, without the previous writtenpermission of a receiver of

wrecks, does or causes to be done any salvage orbreaking-up operations on

any vessel or any wrecked, submerged, sunken or strandedvessel lying within

Sri Lanka shall be guilty of an offence and on convictionthereof shall be liable

to a fine not exceeding one thousand rupees, or toimprisonment of either

description for a term not exceeding six months, or toboth such fine and

imprisonment.

245.(1) The provisionsof this Chapter relating to removal of wrecks shall apply to

every article or thing or collection of things being orforming part of the tackle,

equipment, cargo, stores or ballast of a vessel, in thesame manner as if it

were included in the term " vessel ".

(2) For the purpose of this Chapter, all proceeds of salearising from a vessel

and from the cargo thereof or any other propertyrecovered therefrom, shall be

regarded as a common fund.

246. The powersconferred by this Part on a harbour or conservancy authority for theremoval ofwrecks shall be in addition to, and not in derogation of, any other powersconferredby any other written law.

CHAPTER 6

OFFENCES IN RESPECT OF WRECK

247. Any person whotakes into any foreign port and there sells any vessel, whetherstranded,derelict or otherwise in distress, found in Sri Lanka or any part of the cargoorapparel thereof or anything belonging thereto, or any wreck found in SriLanka shall be guiltyof an offence and on conviction thereof shall be liable toa fine not exceeding four thousandrupees, or to imprisonment for a term notexceeding three years, or to both such fine andimprisonment.

248.(1) A person shallnot, without the leave of the master, board or endeavour to

board any vessel which is wrecked, stranded or indistress, unless he acts

under the authority of a receiver of wrecks or a personlawfully acting as such.

(2) Any person who contravenes subsection (1) may berepelled by the master

of the vessel by force, and shall also be guilty of anoffence and on conviction

thereof shall be liable to a fine not exceeding onethousand rupees.

249.(1) A person shallnot

(a) impede or hinder, or endeavour in any way to impedeor

hinder, the saving of any vessel stranded or in danger ofbeing

stranded or otherwise in distress, on or near any coastor tidal

water, or of any part of the cargo or apparel thereof, orof anywreck;

(b) conceal any wreck, or deface, or obliterate any marksthereon;or

(c) wrongfully carry away or remove any part of a vesselstranded

or in danger of being stranded, or otherwise in distresson or near

any coast or tidal water, or any part of the cargo orapparelthereof, or any wreck.

(2) Any person who contravenes subsection (1) shall beguilty of an offence

and on conviction thereof shall be liable to a fine notexceeding one thousand

rupees.

250.(1) Where areceiver of wrecks suspects or receives information (a) that any

wreck is secreted or in the possession of some person whois not the owner

thereof; or (b) that any wreck is otherwise improperlydealt with, he may apply

to any Magistrate for a search warrant.

(2) On receiving an application from a receiver of wrecksunder subsection (1),

a Magistrate may grant a warrant to the receiver and thereceiver may, by

virtue thereof,

(a) enter any house or other place wherever situate, andalso any

vessel, to search for any wreck referred to in subsection(1); and

(b) seize and detain any such wreck.

(3) If any seizure of a wreck is made by a receiver ofwrecks under subsection

(2) in consequence of any information given by any personto the receiver,

such person shall be entitled by way of salvage to suchsum, not exceeding in

any case one hundred rupees, as the receiver may allow.

251.(1) Where servicesare rendered

(a) wholly or in part in Sri Lanka waters in saving lifefrom any Sri

Lanka or foreign wreck; or

(b) outside Sri Lanka waters, in saving life from any SriLanka

vessel, there shall be payable to the salvor by the ownerof the

vessel, cargo or apparel saved a reasonable amount ofsalvage,

to be determined in case of dispute in the manner set outin thisChapter.

(2) Salvage in respect of the preservation of life, whenpayable by the owners

of a vessel, shall be payable in priority to all otherclaims for salvage.

(3) Where a vessel, cargo and apparel are destroyed, orthe value thereof is

insufficient, after payment of the actual expensesincurred, to pay the amount

of salvage payable in respect of the preservation oflife, the Minister in charge

of the subject of Finance may in his discretion award tothe salvor out of

Salvage of the Consolidated Fund, such sum as he, withthe concurrence of

the Minister, may determine, in whole or part satisfactionof any amount of

salvage left unpaid.

252.(1) Where anyvessel is wrecked, stranded or in distress at any place in, on or

near the coasts of Sri Lanka or in any tidal water withinSri Lanka waters, and

services are rendered

(a) by any person in assisting the vessel or saving thecargo or

apparel of the vessel, or any part thereof; or

(b) by any person (other than a receiver of wrecks) insaving any

wreck, there shall be payable to the salvor by the ownerof the

vessel, cargo, apparel or wreck a reasonable amount ofsalvage,

to be determined in case of dispute in the manner set outin thisChapter.

253. Nothing insection 251 or 252 shall entitle any person to remuneration

(a) in respect of services rendered contrary to anexpress and reasonable

prohibition of such services on that part of the vesselto which such services

are rendered;

(b) in respect of services rendered by a tug to or inrespect of the vessel which

she is towing, or the cargo thereof, except where suchservices are of an

exceptional character such as are outside the scope ofthe contract of towage;

(c) if he has caused the distress giving rise to thesalvage, either intentionally

or through negligence;

(d) if and to such extent as it appears that he hasconcealed or unlawfully

disposed of any property salvaged.

254. Remunerationshall be payable under sections 251 and 252 in respect of servicesrendered, inspite of the fact that owner. such services have been rendered by or to vesselsinthe same ownership.

255.(1) Disputes as tothe amounts of salvage, whether of life or property and

whether rendered within or outside Sri Lanka arisingbetween the salvor and

the owners of any vessel, cargo, apparel or wreck shall,if not settled by

agreement, arbitration or otherwise be determinedsummarily by a Sri Lanka

Court in any case where

(a) the parties to the dispute consent; or

(b) the value of the property saved does not exceed fivethousandrupees; or

(c) the amount claimed does not exceed one thousandrupees.

(2) Subject to subsection (I), disputes as to salvageshall be determined by the

High Court, but if the claimant does not recover in theHigh Court more than

one thousand rupees, he shall not be entitled to recoverany costs, charges or

expenses incurred by him in the prosecution of his claim,unless the Court

certifies that the case is a fit one to be tried by theHigh Court.

(3) Disputes relating to salvage may be determined on theapplication either of

the salvor or of the owner of the property saved, ortheir respective agents.

256. Every agreementrelating to salvage entered into urgently and under the influence ofdanger may,at the request of either party thereto, be annulled or modified by the HighCourt,if the High Court considers that the conditions of such agreement are notreasonable.

257.(1) Disputesrelating to salvage which are to be determined summarily as setout in section255 shall,-

(a) where the dispute relates to the salvage of a wreck,be

referred to the District Court having jurisdiction at ornear the

place where the wreck is found ; or

(b) where the dispute relates to salvage in the case ofservices

rendered to any ship or to the cargo or apparel thereofor in

saving life therefrom, be referred to the District Courthaving

jurisdiction at or near the port in Sri Lanka into whichthe ship is

first brought after the occurrence by reason whereof theclaim forsalvage arises.

(2) A District Court may, for the purpose of determiningany such dispute, call

in to its assistance any person conversant with maritimeaffairs as assessor,

and there shall be paid to every such assessor in respectof his services and

as part of the costs of the proceedings, such sum as theMinister may direct.

258. Where a disputerelating to salvage has been determined by the High Court, any partyaggrievedby the decision may appeal therefrom, in accordance with rules of Court, inlikemanner as in the case of any other judgment of the Court:Provided that nosuch appeal shall be allowed unless the sum in dispute exceeds fivehundredrupees. Provided that no such appeal shall be allowed unless the sum indisputeexceeds five hundred rupees.

259.(1) Where anydispute relating to salvage arises, the receiver of wrecks of the

district where the property is in respect of which thesalvage claim is made

may, on the application of either party, appoint a valuerto value that property,

and shall give copies of the valuation to both parties.

(2) Any copy of a valuation made under subsection (1)purporting to be signed

by the valuer and to be certified as a true copy by thereceiver shall be

admissible in evidence in any subsequent proceedings.

(3) Such fee as the Minister may direct shall be paid inrespect of any valuation

made under this section, by the person applying for suchvaluation.

260.(1) Where salvageis due to any person under this Act, a receiver of wrecks

Shall,(a) if the salvage is due in respect of servicesrendered in

assisting any vessel, or in saving life therefrom, or insaving the

cargo or apparel thereof, detain the vessel and cargo orapparel;and

(b) if the salvage is due in respect of the saving of anywreck, and

the wreck is not sold as unclaimed under this Act, detainthewreck.

(2) Subject as hereinafter mentioned, the receiver shalldetain the vessel and

the cargo or apparel, or the wreck, until payment is madefor salvage, or

process is issued for the arrest or detention by a Court.

(3) A receiver may release any vessel, cargo, apparel orwreck detained under

this section, if security is given

(a) to his satisfaction; or

(b) if the claim for salvage exceeds one thousand rupees,and any

question is raised as to the sufficiency of the security,to the

satisfaction of a Judge of the High Court.

(4) Any security given for salvage in pursuance of thissection to an amount

exceeding one thousand rupees may be enforced by acompetent Court in the

same manner as if bail had been given in that Court.

261.(1) A receiver ofwrecks may sell any vessel, cargo, apparel or wreck detained

by him under section 260, if the persons liable to paythe salvage in respect of

which the property is detained are aware of thedetention, in the followingcases;

(a) where the amount is not disputed and payment of theamount

due is not made, within twenty days after the amount isdue;

(b) where the amount is disputed but no appeal lies fromthe

decision of the first Court to which the dispute isreferred, and

payment is not made, within twenty days after thedecision of thefirst Court;

(c) where the amount is disputed and an appeal lies fromthe

decision of the first Court to which the dispute isreferred to some

other Court, and within thirty days after the decision ofthe first

Court neither payment of the sum due is made norproceedings

are commenced for the purpose of appeal or of obtainingleave toappeal.

(2) The proceeds of sale of any vessel, cargo, apparel orwreck shall, after

payment of the expenses of the sale, be applied by areceiver of wrecks in

payment of the expenses, fees and salvage and, so far asnot required for that

purpose, shall be paid to the owners of the property, orany other persons

entitled thereto and in the absence of such persons tothe Consolidated Fund.

262. Where any disputearises as to the apportionment of any amount of salvage among theowners,master, pilot, crew and other persons in the service of any foreign vessel, theamountshall be apportioned by the Court or person making the apportionment inaccordance with thelaw of the country to which the vessel belongs.

263.(1) Where theaggregate amount of salvage payable in respect of salvage

services rendered in Sri Lanka has been finallydetermined, either summarily in

the manner provided by this Chapter or by agreement, anddoes not exceed

two thousand rupees, but a dispute arises as to theapportionment thereof

among several claimants, the person liable to pay suchamount may apply to a

receiver of wrecks for liberty to pay such amount to him.

(2) The receiver shall, if he thinks fit, receive theamount referred to in

subsection (1) accordingly, and shall grant to the personpaying the amount a

certificate of the amount paid and of the services inrespect of which it is paid.

(3) A certificate granted under subsection (2) in respectof any amount shall be

a full discharge and indemnity to the person by whom theamount is paid and

to his vessel, cargo, apparel and effects, against theclaims of all persons

whomsoever in respect of the services mentioned in thecertificate.

(4) The receiver shall with all convenient speeddistribute any amount received

by him under this section among the persons entitledthereto on such evidence

and in such shares and proportions as he thinks fit, andmay retain any money

which appears to him to be payable to any person who isabsent.

(5) A distribution of any amount made by a receiver ofwrecks in pursuance of

this section shall be final and conclusive as against allpersons claiming to be

entitled to any portion of the amount distributed.

264. Whenever theaggregate amount of salvage payable in respect of salvage servicesrendered inSri Lanka has been finally ascertained and exceeds two thousand rupees,andwhenever the aggregate amount of salvage payable in respect of salvageservices renderedoutside Sri Lanka has been finally ascertained (whatever thatamount may be), then, if anydelay or dispute arises as to the apportionmentthereof, the High Court

(a) may cause such amount to be apportioned amongst thepersons entitled

thereto in such manner as it thinks just, and may forthat purpose, if it thinks fit,

appoint any person to carry that apportionment intoeffect;

(b) may compel any person in whose hands or under whosecontrol the

amount may be to distribute such amount or to bring itinto Court, to be there

dealt with as the Court directs; and

(c) may for the purposes aforesaid issue such processesas it thinks fit.

265.(1) Where civilsalvage services are rendered by any ship of the Sri Lanka

Navy, any aircraft of the Sri Lanka Air Force, or anyother ship or aircraft

belonging to or chartered by the Government, theGovernment shall (subject to

any regulations made under this section) be entitled toclaim salvage in respect

of those services to the same extent, and shall have thesame rights and

remedies, as any other salvor.

(2) Subject to the provisions of any law for the timebeing in force relating to

proceedings against the Government, and of anyregulations made under this

section, the provisions of this Chapter (except and tosuch extent as may be

prescribed) shall apply in relation to salvage servicesrendered in assisting any

ships of the Sri Lanka Navy or any aircraft of the SriLanka Air Force, or in

saving life therefrom, or in saving any cargo orequipment belonging to the

Government, in the same manner as if the ship or aircraftor cargo or

equipment belonged to a private person.

(3) No claim shall by virtue of this section lie againstthe Government in

respect of anything done or suffered in relation to anypostal article, as defined

by section 88 of the Post Office Ordinance.

(4) The Minister may make regulations providing for theapplication or

modification of the provisions of this Chapter to shipsand aircraft referred to in

subsection (1) and in relation to the services referredto in subsection (2).

PART X

LEGAL PROCEEDINGS

CHAPTER 1

CASUALTIES

266. For the purposeof investigations and formal inquiries under this Part, a shippingcasualtyshall be deemed to occur

(a) when on or near the coast of Sri Lanka any ship islost, abandoned or

materially damaged ;

(b) when on or near the coast of Sri Lanka any ship hasbeen stranded or

damaged, and any witness is found in Sri Lanka;

(c) when any ship causes loss or material damage to anyother ship on or near

the coast of Sri Lanka;

(d) when any loss of life occurs by reason of anycasualty happening to or on

board any ship on or near the coast of Sri Lanka;

(e) when in any place any such loss, abandonment ormaterial damage or any

casualty as last aforesaid occurs and any witness isfound in Sri Lanka;

(f) when in any place any ship registered in Sri Lanka isstranded or damaged

and any witness is found in Sri Lanka; or

(g) when some members of the crew of a ship which hasbeen wrecked or to

which a casualty has occurred, who are competentwitnesses to the fact are

found in Sri Lanka.

267.(1) When ashipping casualty occurs, a preliminary inquiry may be held by the

receiver or wrecks residing at nearest to the place atwhich the casualty occurs

or by any person appointed in that behalf by theDirector.

(2) For the purpose of any investigation under subsection(1), the person

holding the same shall have all the powers of aninspector under this Act.

268.(1) A personauthorized under section 267 to make a preliminary inquiry shall

in any case where it appears to him requisite orexpedient (whether upon a

preliminary inquiry or without holding such an inquiry)that a formal

investigation should be made, and in any case where theDirector so directs,

apply to a District Court to make a formal investigation,and such District Court

shall thereupon make a formal investigation.

(2) The District Court making any such formalinvestigation shall make the

same with the assistance of one or more assessors ofnautical, engineering or

other special skill or knowledge to be appointed out of alist of persons

appointed from time to time for the purpose by theMinister, in such manner as

may be laid down by the rules made under section 280 withregard thereto.

(3) Where a formal investigation involves or appearslikely to involve any

question as to the cancelling or suspension of thecertificate of the master,

mate or engineer, the District Court shall make theformal investigation with the

assistance of not less than two assessors havingexperience in the merchant

service.

(4) It shall be the duty of the person who has applied tothe District Court to

make a formal investigation to supervise the managementof the case and to

render such assistance to the District Court as is in hispower.

(5) The Court, after hearing the case, shall make areport to the Director

containing a full statement of the case and of theopinion of the Court thereon,

accompanied by such report of, or extracts from, theevidence, and such

observations as the Court thinks fit.

(6) Where the investigation or inquiry affects a masteror an officer of a ship

who holds a certificate under the law of any countryoutside Sri Lanka, the

Director may transmit a copy of the report of the Courtto the proper authority

in that country.

(7) Each assessor shall either sign the report or statein writing to the Director

his dissent therefrom and the reasons for that dissent.

(8) The Court may make such order as the Court thinks fitrespecting the costs

of the investigation or any part thereof and such ordershall be enforced by the

Court as an order for costs in its ordinary Jurisdiction.

(9) The Director may, if in any case he thinks fit so todo, pay the costs of any

such formal investigation.

(10) For the purposes of this section, the Court holdinga formal investigation

shall have all the powers it has when acting as a Courtin the exercise of its

ordinary Jurisdiction.

(11) Every formal investigation into a shipping casualtyshall be conducted in

such manner that, if a charge is made against any person,that person shall

have an opportunity of making a defence.

(12) A formal investigation made by a District Court asto a shipping casualty

shall be made at the place appointed by the Minister incharge of the subject of

Justice as the place at which such District Court is tobe holden.

269.(1) Any Courtmaking a formal investigation into a shipping casualty may

inquire into any charge of incompetency or misconductarising, in the course of

the investigation, against any master, mate, or engineeras well as into any

charge of a wrongful act or default on his part causingthe shipping casualty.

(2) In every case in which any such charge, whether ofincompetency or

misconduct or of a wrongful act or default, as aforesaid,arises against any

master, mate or engineer in the course of aninvestigation, the Court shall

before the commencement of the inquiry, cause to be furnishedto him a

statement of the case upon which the inquiry has beendirected.

270.(1) If theDirector has reason to believe that there are grounds for charging any

master, mate or engineer, with incompetency ormisconduct, otherwise than in

the course of a formal investigation into a shippingcasualty, the Director

(a) if the master, mate or engineer holds a certificateunder this

Act, in any case;

(b) if the master, mate or engineer holds a certificateunder the

law of any country outside Sri Lanka, in any case wherethe

incompetency or misconduct has occurred on board a SriLanka

ship, may transmit a statement of the case to any Courthaving

jurisdiction under section 269, which is at or nearest tothe place

where it may be convenient for the parties and witnessesto attend

and may direct that Court to make an inquiry into thatcharge and

the Court holding an inquiry under this section will havethe same

powers and be subject to the same rules as the Courtholding a

formal investigation under section 268.

(2) Before commencing the inquiry the Court shall causethe master, mate or

engineer, so charged to be furnished with a copy of thestatement transmitted

by the Director.

271. If any courtmaking an investigation or inquiry under this Part thinks it necessaryforobtaining evidence that any person should be arrested, it may issue awarrant for his arrestand may for the purpose of effecting the arrest authorizeany officer, subject, nevertheless toany general or special instructions fromthe Director, to enter any vessel, and any officer soauthorized may, for thepurpose of enforcing the entry, call to his aid any officer of police orcustomsor any other person.

272. Whenever in thecourse of any such investigation or inquiry it appears that any personhas committedin Sri Lanka an offence punishable under any law in force in Sri Lanka,theCourt making the investigation or inquiry may (subject to such rulesconsistent with this Act asthe Supreme Court may from time to time make) causehim to be arrested or commit him orhold him to bail to take his trial beforethe proper court and may bind over any person to giveevidence at the trial, andmay, for the purposes of this section exercise alt its powers as acriminalcourt.

273.(1) Thecertificate of a master, mate or engineer of a ship may be cancelled or

suspended

(a) by a Court holding a formal investigation into ashipping

casualty under this Part if the Court finds that the lossor

abandonment of, or serious damage to, any ship or loss oflife has

been caused by his wrongful act or default, so howeverthat the

Court shall not cancel or suspend a certificate unless atleast one

of the assessors concurs in the finding of the Court; or

(b) by a Court holding an inquiry under this Part intothe conduct

of a master, mate or engineer of a ship if the Courtfinds that he is

incompetent, or has been guilty of any gross act ofmisconduct,

drunkenness, or tyranny or that in a case of collision hehas failed

to render such assistance or give such information as isrequiredby Part VII.

(2) At the conclusion of the investigation or inquiry, oras soon thereafter as

possible, the Court shall state in open sitting thedecision to which it may have

come with respect to the cancellation or suspension ofany certificate and, if

suspension is ordered, the period for which thecertificate is suspended.

(3) Where the Court cancels or suspends a certificate,the Court shall forward

it to the Director together with the report which it isrequired by this Part to

transmit to him.

274. Where it appearsto the Court holding an investigation or inquiry that having regard tothecircumstances of the case an order of cancellation or suspension under section273 is notjustified, the Court may pass an order censuring the master, mate orengineer in respect of hisconduct.

275.(1) The High Court exercising admiralty jurisdiction may remove themaster of

any ship within the jurisdiction of that Court, if thatremoval is shown to the

satisfaction of the Court by evidence on oath to benecessary.

(2) The removal may be made upon the application of anyowner of the ship or

his agent, or of the consignee of the ship, or of anycertificated officer, or onethirdor more of the crew of the ship.

(3) The Court may appoint a new master instead of the oneremoved, but

where the owner, agent or consignee of the ship is withinthe jurisdiction of the

Court, such an appointment shall not be made without theconsent of that

owner, agent or consignee.

(4) The Court may also make such order and require suchsecurity in respect

of the costs of the matter as the Court thinks fit.

276.(1) A master, mateor engineer of a ship whose certificate is cancelled or

suspended by any Court or by the Director shall deliverhis certificate

(a) if cancelled or suspended by a Court to that Court ondemand;or

(b) if not so demanded, or if it is cancelled or suspended by theDirector,to the Director.

(2) If a master, mate, or engineer of a ship fails tocomply with the provisions of

this section, he shall, for each offence, be liable to afine not exceeding five

hundred rupees.

277. The cancellationor suspension of a certificate by the Director or by a Court

(a) if the certificate was issued under this Act beeffective everywhere and in

respect of all ships ;

(b) if the certificate was issued outside Sri Lanka beeffective

(i) within Sri Lanka and the territorial waters of SriLanka in

respect of all ships ; and

(ii) outside Sri Lanka in respect of Sri Lanka shipsonly.

278. If thecertificate of a master, mate, or engineer of a ship is suspended under thisPartby the Director or by a Court, no endorsement shall be made to that effecton the saidcertificate.

279.(1) The Ministerin charge of the subject of Justice, acting on the

recommendation of the Minister, may, in any case whereunder this Part a

formal investigation into a shipping casualty or aninquiry into the conduct of a

master, mate or engineer of a ship has been held, orderthe case to be reheard

either generally or as to any part thereof, and shall doso

(a) if new and important evidence which could not beproduced at

the investigation or inquiry has been discovered; or

(b) if for any other reason there has in his opinion beenground for

suspecting that a miscarriage of justice has occurred.

(2) The Minister in charge of the subject of Justice mayorder the case to be

reheard either by the Court by whom the case was heard inthe first instance or

by the High Court.

(3) Where on any such investigation or inquiry a decisionhas been given with

respect to the cancelling or suspension of thecertificate of a master, mate, or

engineer of a ship and an application for a rehearingunder this section has not

been made or has been refused, an appeal shall lie fromthat decision to the

Court of Appeal.

(4) Any rehearing or appeal under this section shall bemade in accordance

with the provisions of the rules relating theretoreferred to in this Part.

280.(1) Rules may bemade in the manner provided by Article 136 of the

Constitution for carrying into effect the enactmentsrelating to formal

investigations, and to the rehearing of or an appeal fromany investigation or

inquiry held under this Part, and in particular withrespect to the appointment

and summoning of assessors, the procedure, the parties,the persons allowed

to appear, the notice to those parties or persons or topersons affected, the

amount and application of fees and the place in whichformal investigations are

to be held.

(2) Any rule made under this section while in force shallhave effect as if it

were enacted in this Act.

281. Any certificatewhich has been granted under this Act to any master, mate, or engineerof a shipmay be cancelled or suspended for any specified period, by the Director inthefollowing cases ;

(a) if, on any investigation or inquiry made by anyCourt, tribunal or other

authority for the time being authorized by thelegislative authority in any

country outside Sri Lanka, the Court, tribunal, or otherauthority reports that the

master, mate, or engineer of the ship is incompetent orhas been guilty of any

gross act of misconduct or drunkenness or tyranny, or ina case of collision has

failed to render assistance or to give such informationas is referred to in Part

VII of this Act, or that the loss, stranding orabandonment or damage to any

ship, or loss of life, has been caused by his wrongfulact or default;

(b) if the master, mate, or engineer of the ship isproved to have beenconvicted

(i) of any offence under this Act or of any non-bailableoffence

committed under any other law for the time being in forcein SriLanka; or

(ii)of an offence committed outside Sri Lanka, which ifcommitted

in Sri Lanka would be a non-bailable offence, or

(c) if (in the case of a master of a Sri Lanka ship) hehas been superseded by

the order of any Court of competent jurisdiction in SriLanka or outside Sri

Lanka.

282.(1) Neither a conviction for an offence in any court nor an order forpayment of

money shall be made under this Act in any summaryproceedings instituted in

any District Court or Primary Court under the provisionsof the Civil Procedure

Code relating to summary procedure on liquid claims,

(a) unless such proceedings are commenced within sixmonths

after the commission of the offence or after the cause ofcomplaint

arises, as the case may be ; or

(b) if both, or either of, the parties to the proceedingshappen or

happens during that time to be out of Sri Lanka, unlessthe

proceedings are commenced, in the case of

(i) a conviction, within two months, and

(ii) an order, within six months after they both first

happen to arrive, or to be at one time, in Sri Lanka.

(2) No written law for the time being in force whichlimits the time within which

proceedings may be instituted in any Magistrate's Court,or in any District

Court or Primary Court as aforesaid, shall affect anyproceedings under thisAct.

283.(1) Where anyperson is beneficially interested (otherwise than by way of

mortgage) in any ship or share in a ship registered inthe name of some other

person as owner, the person so interested, as well as theregistered owner,

shall be subject to all pecuniary penalties imposed bythis or any other Act on

the owners of ships or shares therein.

(2) Proceedings may be taken for the enforcement of anypenalties referred to

in subsection (1) against both or either of the partiesreferred to therein, with or

without joining the other of them.

284.(1) Where any bodycorporate, firm, society or other body of persons is

charged with an offence under this Act, every person whoat the time of the

alleged offence was a director, manager, secretary orother similar officer or a

partner of the body corporate, firm, society or body, orwas purporting to act in

such capacity, shall be liable to the penalties providedfor such offence as if he

himself were guilty thereof, unless he proves

(a) that the offence was committed without his knowledgeand that

such ignorance was not caused by his willful default orneglect; or

(b) that having regard to the nature of his functions inthat capacity

and to all the circumstances, he exercised all duediligence to

prevent the commission of the offence.

(2) Where any person would be liable under this Act toany penalty for any act,

omission, neglect or default, he shall be liable to thesame penalty for every

such act, omission, neglect or default of any clerk,servant or agent, or of the

clerk or servant of such agent, provided that such act,omission, neglect or

default was committed

(a) by such clerk or servant in the course of hisemployment;

(b) by such agent when acting on behalf of such person;or

(c) by the clerk or servant of such agent when acting inthe course

of his employment in such circumstances that had suchact,

omission, neglect or default been committed by the agenthis

principal would have been liable under this section.

285. Prosecutions inrespect of offences under this Act may (without prejudice to theprovisions ofany other written law relating to prosecutions) be conducted by aShippingOfficer or by any other officer appointed under this Act and speciallyauthorized in writing inthat behalf by the Director.

286.(1) The Director may compound any offence under this Act which isprescribed

to be a compoundable offence by accepting from the personreasonably

suspected of having committed such offence a sum of moneynot exceeding

one thousand rupees.

(2) A Shipping Officer may compound any offence underthis Act which is

prescribed to be a compoundable offence by accepting fromthe person

reasonably suspected of having committed such offence asum of money not

exceeding one hundred rupees.

(3) On the payment of any sum of money under subsection(1) or subsection(2),

(a) the person reasonably suspected of having committedthe

offence in respect of which the payment has been madeshall, if in

custody, be discharged;

(b) any ship detained in respect of such offence shall bereleased

; and (c) no further proceedings shall be taken againstsuch

person or ship in respect of such offence.

CHAPTER 2

JURISDICTION

287. Subject to anyexpress provision of this Act to the contrary, any offence under this Actshallbe and is hereby declared to be fully cognizable and punishable by Magistrates'Courts,and all sums becoming due by reason of any provisions of this Act or anysubsidiarylegislation made hereunder shall be and are hereby declared to berecoverable beforePrimary Courts, although such offences and sums should exceedthe ordinary jurisdiction ofsuch Courts.

288. For the purposeof giving jurisdiction under this Act, every offence shall be deemed tohavebeen committed, and every cause of complaint to have arisen, either

(a) in the place in which such offence or cause ofcomplaint was committed or

arose; or

(b) in any place in which the alleged offender or personcomplained against

may be.

289. Where anydistrict within which any Court has jurisdiction under this Act or any otherActor law for any purpose whatsoever is situate on the coast of any sea, orabutting on orprojecting into any bay, channel, lake, river or other navigablewater, every such Court shallhave jurisdiction

(a) over any ship, whether a Sri Lanka or a foreign ship,being on or lying or

passing off that coast or being in or near that bay,channel, lake, river or

navigable water; and

(b) over all persons on board such ship or for the limebeing belonging thereto,

in the same manner as if such ship or -persons werewithin the limits of the

original jurisdiction of the Court.

290. Where any person

(a) being a citizen of Sri Lanka, is charged with havingcommitted any offence

(i) on board any Sri Lanka ship on the high seas; or

(ii) in any foreign port or harbour; or

(iii) on board any foreign ship to which he does notbelong; or

(b) not being a citizen of Sri Lanka, is charged withhaving committed any

offence on board any Sri Lanka ship on the high seas, andthat person is found

within the jurisdiction of any court in Sri Lanka whichwould have had

cognizance of the offence if it had been committed onboard a Sri Lanka ship

within the limits of its ordinary jurisdiction, thatcourt shall have power to try the

offence as if it had been so committed.

291.(1) Where anycourt imposes a fine under this Act for which no specific

application is provided herein, the Court may if itthinks fit direct the whole or

any part of the fine

(a) to be applied in compensating any person for anywrong or

damage which he has sustained by the act or default inrespect of

which the fine is imposed; or

(b) to be applied in or towards payment of the costs andexpenses

of the proceedings.

(2) Subject to any direction under subsection (1) or anyspecific application

provided under this Act, every fine referred to insubsection (1) shall be paid

into the Consolidated Fund-

292. Nothing in thisAct shall be deemed to prevent the prosecution, conviction andpunishment of anyperson according to any other written law for the time being in force inSriLanka or any part thereof, so however that no person shall be punished morethan once forthe same offence.

CHAPTER 3

DETENTION OF AND DISTRESS ONSHIP

293.(1) Withoutprejudice to the provisions of any other written law, whenever anyinjury has,in any part of the world, been caused

(a) by any foreign ship ; and

(b) to any property belonging to the Government or to anylocal

authority, or to any statutory authority exercisingpowers vested in

it by any written law, or any citizen of Sri Lanka, andthereafter

that ship is found in Sri Lanka, a Judge of the HighCourt may,

upon its being shown to him by any person applyingsummarily

that the injury was probably caused by the misconduct orwant of

skill of the master, pilot or mariners of such ship,issue an order

under this section.

(2) An order under this section shall be addressed to anyShipping Officer, or

such other officer as may be named by the Judge in suchorder, and shall

require such officer to detain the ship named oridentified therein, until such

time as the owner, master or consignee thereof

(a) has made satisfaction in respect of the injuryreferred to in

subsection (1); or

(b) has given security, to be approved by the Judge, toabide the

event of any action, suit or other legal proceeding thatmay be

instituted in respect of such injury, and to pay altcosts and

damages that may be awarded, and any Shipping Officer orother

officer to whom such order is addressed shall detain theshipaccordingly.

(3) Where it appears that, before an application can bemade under subsection

(1), the ship in respect of which the application is madewill have departed from

Sri Lanka, such ship may be detained for such time aswill allow the application

to be made and the result thereof to be communicated tothe officer detaining

the ship; and that officer shall not be liable for anycosts or damages in respect

of the detention, unless such detention is proved to havebeen made without

reasonable grounds.

(4) In any legal proceedings relating to any injuryreferred to in subsection (1),

the person giving security shall be made defendant, andshall be stated to be

the owner of the ship that has caused the injury.

(5) The production of an order of a Judge, made inrelation to any security

referred to in this section, shall be conclusive evidenceof the liability of the

defendant to the proceedings.

294.(1) Where under this Act or any other written law inforce in Sri Lanka or any

part thereof a ship is to be or may be detained, anauthorized officer (as

defined in subsection (7)) may detain the ship.

(2) If, after the detention of a ship or after service onthe master of a ship of

any notice of or order for the detention of the ship,such ship goes to sea

before it is released by the competent authority,

(a) the master of the ship ; and

(b) the owner and any person who sends the ship to sea,if that

owner or person is party or privy to the offence, shalleach be

guilty of an offence and on conviction thereof shall beliable to a

fine not exceeding two thousand rupees.

(3) An authorized officer may if he thinks it necessaryto do so place a police

guard on any ship detained under this section.

(4) Where a ship going to sea takes to sea when anyauthorized officer, police

guard or Surveyor is on board thereof in the execution ofhis duties, the owner

and master of the ship shall each be liable

(a) to pay all expenses of and incidental to suchofficer, guard or

Surveyor being so taken to sea; and

(b) on conviction, to a fine of two hundred rupees forevery day

until such officer, guard or Surveyor returns, or untilsuch time as

would enable him after leaving the ship to return to theport from

which he is taken, and the expenses ordered to be paidmay be

recovered in like manner as the fine.

(5) Any police guard placed on board a ship undersubsection (2) is hereby

authorized to take such steps as are necessary to preventthe ship from

leaving port.

(6) Any person who opposes or in any way obstructs anyauthorized officer,

police guard or Surveyor shall be guilty of an offenceand on conviction thereof

shall be liable to a fine not exceeding one thousandrupees.

(7) In this section "authorized officer" meansthe Director, a Master Attendant,*

a Shipping Officer, an officer of customs, a ShipSurveyor, any commissioned

officer of the armed forces, and any person specially orgenerally authorized by

the Director to detain a ship.

295.(1) Where underthis Act or any other written law a ship is to be detained, a

Shipping Officer shall, and where under this Act or anyother written law a ship

may be detained a Shipping Officer may, notify the properofficer of customs

that such ship is liable to be detained.

(2) Where a notification under subsection (1) has beenmade to any officer of

customs in respect of any ship, such officer shall refuseto clear that ship

outward and to grant such ship a clearance under section63 of the Customs

Ordinance.

(3) In this section " proper officer " has themeaning assigned thereto by the

Customs Ordinance.

296. Where a ship isdetained in pursuance of any provisions of this Act which provides forthedetention of a ship until a certain event occurs, subsection (2) of section 211shall applyas if the ship had finally been detained within the meaning of thatsection.

297.(1) Whenever

(a) any foreign ship is detained under this Act; and

(b) any proceedings are taken under this Act against themaster or

owner of such ship, notice shall forthwith be served onthe

Consular officer for the country to which the ship belongsat or

nearest the port where the ship is for the time being.

(2) The notice to be served under subsection (1) shallspecify the grounds on

which the ship has been detained or on which theproceedings have been

taken.

MERCHANT SHIPPING(298 - 333)

AN ACT TO AMEND AN DCONSOLIDATE THE LAW RELATING TOMERCHANTSHIPPING IN FORCE IN SRI LANKA, AND TOMAKE PROVISION FOR MATTERSCONNECTED THEREWITH OR INCIDENTAL THERETO.

298. Where any courthas power to make an order directing payment to be made of anyseaman's wages,fines or other sums of money, then, if

(a) the party directed to make such payment is the masteror owner of a ship;and

(b) such wages, fine or sum is not paid at the time andin the manner

prescribed in the order, the court which made the ordermay (in addition to any

other powers which it has for the purpose of compellingpayment) direct the

amount remaining unpaid to be levied by distress and saleof the ship, her

tackle, furniture and apparel-

CHAPTER 4

INQUIRIES INTO DEATHS

299.(1) Subject tosubsection (4), where- (a) any person dies in a ship registered in

Sri Lanka; or (b) the master or a seaman employed in sucha ship dies in a

country outside Sri Lanka, an inquiry into the cause ofdeath shall be held by

the Shipping Officer or the proper officer at the nextport where the ship calls

after the death and where there is a Shipping Officer orproper officer, or at

such other port as the Director may direct.

(2) The Shipping Officer or proper officer holding aninquiry under subsection

(1) shall for the purposes of the inquiry have the powersconferred on an

inspector by section 314.

(3) The officer holding the inquiry under subsection (!)shall make a report of

his findings to the Director, and the Director shall, onrequest, make a copy of

the report available to the next of kin of the deceasedperson or to any other

person who appears to the Director to be interested.

(4) No inquiry shall be held under subsection (1) in acase where an inquest or

inquiry into death is to be held or made under any lawfor the time being in

force relating to inquests or criminal procedure.

(5) In this section " proper officer" means, inrelation to a port outside Sri

Lanka, a Consular officer of Sri Lanka.

CHAPTER 5

EVIDENCE AND SERVICE OFDOCUMENTS

300.(1) Whenever inthe course of any legal proceedings instituted under this Act

before any court or before any person authorized by lawor by the consent of

parties to receive evidence, the testimony of any witnessis required in relation

to the subject-matter of that proceeding, then, upon dueproof that the witness

cannot be found in Sri Lanka, any deposition that thewitness has previously

made on oath or affirmation in relation to the samesubject-matter before any

Judge or Magistrate in any part of the Commonwealth otherthan Sri Lanka, or

before any Consular officer of Sri Lanka in any place notwithin the

Commonwealth, shall be admissible in evidence:Providedthat

(a) if the proceedings are criminal, a deposition so madeshall not

be admissible, unless it was made in the presence of thepersonaccused ; and

(b) no deposition so made shall be admissible, unless itis

authenticated by the signature of the Judge, Magistrateor

Consular officer before whom it was made, and unless such

Judge, Magistrate or Consular officer has certified (ifthe fact is

so) that the accused was present at the taking thereof.

(2) A deposition made in the manner referred to insubsection (!) shall be

deemed to be duly authenticated if it purports to havebeen signed by the

Judge, Magistrate or Consular officer before whom it wasmade; and it shall

not be necessary in any case to prove the signature orofficial character of the

person appearing to have signed any such deposition.

(3) In any criminal proceedings, a certificate purportingto have been signed by

the Judge, Magistrate or Consular officer before whom adeposition was made

that the accused was present at the taking of thedeposition shall, unless the

contrary is proved, be sufficient evidence of the accusedhaving been present

in the manner thereby certified.

(4) Nothing in this section shall affect any case inwhich depositions taken in

any proceedings are rendered admissible in evidence byany other written law.

301. Where anydocument is required by this Act to be executed in the presence of, or tobeattested by, any witness or witnesses, such document may be proved by theevidence of anyperson who is able to bear witness to the requisite facts,without calling the attesting witnessor witnesses, or any of them.

302.(1) Where anydocument is by this Act declared to be admissible in evidence,such documentshall,

(a) on its production from proper custody, be admissiblein

evidence in any court before any person having by law orconsent

of parties authority to receive evidence ; and

(b) subject to all just exceptions, be evidence of thematters stated

therein in pursuance of this Act or by any officer inpursuance of

his duties as such officer.

(2) A copy of any document referred to in subsection (1),or any extract

therefrom, shall also be admissible in evidence

(a) if it is proved to be an examined copy or extract; or

(b) if it purports to be signed and certified as a truecopy or extract

by the officer to whose custody the original document was

entrusted, and that officer shall provide such acertified copy or

extract to any person applying therefor at a reasonabletime, upon

payment of the prescribed fee.

(3) Any person having by law or consent of partiesauthority to receive

evidence shall have the same powers as a court to impoundany document

referred to in this section which has a false orcounterfeit seal, stamp or

signature affixed thereto.

303. Where by or underthis Act any notice, authority, order, direction or othercommunication isrequired or authorized to be given or made by the Director to any person(notbeing an officer appointed under this Act), the same shall be made or given inwriting.

304.(1) Where for thepurposes of this any Act any document is to be served on

person, that document may be served

(a) in any case, by delivering a copy thereof personallyto the

person to be served, or by leaving such copy at his lastknown

place of abode or by transmitting or sending such copy bypost;

(b) if the document is to be served on the master of aship (where

there is a master), or on a person belonging to a ship,by leaving

such document for him on board that ship with the personbeing or

appearing to be in command or charge of the ship; and

(c) if the document is to be served on the master of aship, and

there is no master and the ship is in Sri Lanka, on themanaging

owner of the ship or, if there is no managing owner inSri Lanka,

on some agent of the owner residing in Sri Lanka or,where no

such agent is known or can be found, by affixing a copythereof in

some conspicuous place in the ship.

(2) Any person who obstructs the service on the master ofa ship of any

document under this Act relating to the detention of theship as unseaworthy

shall be guilty of an offence and on conviction thereofshall be liable to a fine

not exceeding two hundred rupees.

(3) Any owner or master of a ship who is party or privyto any obstruction

referred to in subsection (2) shall be guilty of anoffence and on conviction

thereof shall be liable to a fine not exceeding fivethousand rupees, or to

imprisonment of either description for a term notexceeding two years, or to

both such fine and imprisonment.

CHAPTER 6

PROTECTION OF OFFICERS

305. Every officerappointed under this Act and every person appointed or authorized underthisAct, for any purpose of this Act, when acting in any area in pursuance of suchpurposeshall be deemed to be a public servant within the meaning of the PenalCode.

306. A suit shall notbe maintained against any public servant within the meaning of thePenal Codefor or in respect of anything done or omitted to be done by him in good faithin theexercise or performance, of any power, authority or duty conferred orimposed on him by orunder this Act.

PART XI

SUPPLEMENTAL

CHAPTER 1

ENFORCEMENT OF ACT

307. In Chapter," authorized this officer " means-

(a) the Director;

(b) a Master Attendant ;

* (c) a Shipping Officer;

(d) the Chief Surveyor;

(e) a Surveyor;

(f) a radio Surveyor;

(g) any person appointed by the Director, eithergenerally or in a particular

case, to exercise powers under this Act.

308.(1) Any authorizedofficer, either alone or with any other person, may go on

board any ship in Sri Lanka whenever

(a) he suspects that any offence this Act has been or isabout to

be committed in any ship; or

(b) he considers it necessary for him to do so in thedischarge of

any duty imposed on him by this Act or any other writtenlaw.

(2) If a ship is registered in Sri Lanka, the powersconferred by this section

may also be exercised outside Sri Lanka by a Consularofficer of Sri Lanka, in

addition to an authorized officer.

(3) Any master of a ship who, without reasonable excuse,refuses to allow any

officer to board such ship in the exercise of the powersconferred on him by

subsection (1) or (2) shall be guilty of an offence andon conviction thereof

shall be liable to a fine not exceeding two hundredrupees.

309.(1) Where anauthorized officer has reason to suspect that any provision of this

Act or any law for the time being in force relating tomerchant shipping,

merchant seamen or navigation is not being complied with,he may

(a) require the owner, master or any of the crew of anySri Lanka

ship to produce any official log-books or other documentsrelating

to the crew or any member thereof in their respectivepossessionor control;

(b) require any such master to produce a list of allpersons on

board his ship, and to take copies of the officiallog-books or

documents, or any part thereof;

(c) muster the crew of such ship;

(d) summon the master to appear and give any explanation

concerning the ship or her crew or the official logbooksor

documents produced or required to be produced.

(2) If any person, on being duly required by anauthorized officer under this

section,

(a) fails without reasonable cause to produce to thatofficer any

such official tog-book or document as he is required toproduce

under this section;

(b) refuses to allow such book or document to beinspected orcopied;

(c) impedes any muster of the crew required under thissection ;

(d) refuses or neglects to give any explanation which heis

required under this section to give; or

(e) knowingly misleads or deceives any officer authorizedunder

this section to demand any explanation, he shall beguilty of an

offence and on conviction thereof shall be liable to afine not

exceeding five hundred rupees.

310.(1) For thepurpose of seeing that the provisions of this Act and any subsidiary

legislation made thereunder are duly complied with, anauthorized officer may

at all reasonable times inspect any ship and itsequipment or any part thereof,

any articles on board the ship and any document carriedin the ship inpursuance

of this Act or any international convention relating tomerchant

shipping to which Sri Lanka is a party; and if the shipis registered in Sri Lanka

the powers conferred by this section may also beexercised outside Sri Lanka

by a Consular officer of Sri Lanka, in addition to anauthorized officer.

(2) A person exercising powers under this section (a)shall not unnecessarily

detain or delay a ship; (b) may, if he considers itnecessary in consequence of

an accident, or for any other reason, require a ship tobe taken into dock for a

survey of its hull or machinery.

(3) Where an authorized officer has reasonable groundsfor believing that there

are on any premises provisions or water intended forsupply to a ship

registered or licensed in Sri Lanka which, if provided onsuch ship would not be

in accordance with any regulations made under section127, he may enter

such premises and inspect the provisions or water for thepurpose of

ascertaining whether they would be in accordance withsuch regulations.

(4) Any person who

(a) obstructs an authorized officer in the exercise ofhis powers

under this section;

(b) fails without reasonable cause to comply with any

requirements made under subsection (2); or

(c) refuses or fails to give an authorized officerreasonable

facilities for the exercise of his powers under thissection, shall be

guilty of an offence and on conviction thereof shall beliable to a

fine not exceeding five hundred rupees.

311.(1) Any ShippingOfficer, officer of customs. Surveyor or police officer may

arrest without warrant any person offending in his viewagainst any provision of

this Act or any subsidiary legislation made thereunder andtake him before a

court, to be dealt with according to law.

(2) Any article in respect of which, any offence referredto in subsection (1) is

believed to have been committed may be seized and takento a police station,

unless sooner given up by order of a court, until thecharge relating to such

offence is disposed of in due course of law.

312.(1) Surveyorsshall, in relation to ships surveyed by them, make such returns

to the Chief Surveyor of Ships as the latter requireswith respect to

(a) the build, dimensions, draught, burden, rate ofsailing and

room for fuel of such ships;

(b) the nature and particulars of machinery and theequipment ofsuch ships; and

(c) such other details of such ships as may be prescribedby theMinister.

(2) Every owner, master and engineer of any ship surveyedby a Surveyor

shall, on demand, give to the Surveyor such informationand assistance within

his power as the Surveyor may require for the purpose ofmaking any return

under subsection (1).

(3) Any owner, master, or engineer of a ship who, afterdemand by a Surveyor,

fails without reasonable cause to give information orassistance pursuant to

subsection (2) shall be guilty of an offence and onconviction thereof shall be

liable to a fine not exceeding one hundred rupees.

CHAPTER 2

INSPECTORS

313. The Minister may,as and when he thinks fit, appoint any person as an inspector toreport to him

(a) upon the nature and causes of any accident or damagewhich any ship has

sustained or caused, or is alleged to have sustained orcaused ; or

(b) whether the provisions of this Act or any subsidiarylegislation made

thereunder have been complied with; or

(c) whether the hull and machinery of any ship aresufficient and in good

condition.

314. An inspector, orany person having the powers of an inspector, may

(a) go on board any ship, Sri Lanka or foreign, andinspect such ship or any

pan thereof, or any of the machinery, boats, equipment orarticles on board

thereof to which the provisions of this Act or anysubsidiary legislation made

thereunder apply, not unnecessarily detaining or delayingsuch ship from

sailing on any voyage ;

(b) enter and inspect any premises the entry orinspection of which appears to

him to be requisite for the purpose of the report whichhe is directed to make ;

(c) by summons under his hand require the attendance ofall such persons as

he thinks fit to call before him and examine for thepurpose of his report;

(d) require answers or returns to any inquiries which hethinks fit to make;

(e) require and enforce the production of all books,papers and documents

which he considers important for the purpose of hisreport,

(f) administer oaths or, in lieu of requiring oradministering an oath, require a

person examined by him to make and subscribe adeclaration of the truth of

the statements made by him in his examination.

315.(1) Every witnesssummoned under paragraph (c) of section 314 shall be

allowed such expenses as would be allowed to a witnessattending on

subpoena to give evidence before the High Court,

(2) In case of any dispute as to the amount of theexpenses of any witness

referred to in subsection (1), such dispute shall bereferred to the Registrar of

the High Court who shall, on a request for that purposemade to him under the

hand of the inspector or person having the powers of aninspector, ascertain

and certify the proper amount of those expenses.

(3) Any person who

(a) refuses to attend as a witness before an inspector ora person

having the powers of an inspector, after having beenrequired to

do so in the manner provided by section 314 and havinghad a

tender made to him to the expenses (if any) to which heis entitled

under this section; or

(b) refuses or neglects to make any answer, or to giveany return

or to produce any document in his possession, or to makeor

subscribe any declaration which an inspector or personhaving the

powers of an inspector is empowered to give under section314,

shall be guilty of an offence and on conviction thereofshall be

liable to a fine not exceeding two hundred rupees.

316.(1) Any person who willfully impedes an inspector or person having thepowers

of an inspector in the execution of his duty under thisAct, whether on board a

ship or elsewhere,

(a) may be seized or detained by such inspector orperson, or by

any other person or persons whom that inspector or personmay

call to his assistance, until he can conveniently betaken before aMagistrate;

(b) shall be guilty of an offence and on convictionthereof shall be

liable to a fine not exceeding five hundred rupees.

CHAPTER 3

DOCUMENTS AND FORMS

317.(1) Subject to anyspecial provisions of this Act, the Director may prepare and

sanction forms for any book, instrument or paper requiredunder this Act, other

than under Part II, and may from time to time make suchalterations in those

forms as he thinks fit.

(2) The Director shall cause every such form to be sealedwith his seal or

marked with some other distinguishing mark, and beforefinally issuing any

form or making any alteration in a form shall causepublic notice thereof to be

given in such manner as he thinks requisite to preventinconvenience.

(3) The Director may cause all such forms to be suppliedto all customs houses

and shipping offices in Sri Lanka, either free of chargeor at such moderate

prices as he may fix.

(4) Every such book, instrument or paper required underthis Act shall be made

in the form (if any) approved by the Director, or as nearthereto as

circumstances permit, and unless so made shall not beadmissible in evidence

in any civil proceedings on the part of the owner ormaster of any ship.

(5) Every such book, instrument or paper, if made in aform purporting to be

the proper form and to be sealed in accordance with thissection, shall be

deemed to be in the form required by this Act, unless thecontrary is proved.

318. The followinginstruments shall be exempt from stamp duty :

(a) any instrument used by or under the direction of theDirector in carrying into

effect the provisions of this Act;

(b) any instruments which are by any provisions of thisAct or any regulations

made thereunder required to be in a form approved by theDirector, if made in

that form.

319. If any person

(a) when a form approved by the Director is, under thisAct, required to be

used without reasonable cause uses a form, not purportingto be a form so

approved ; or

(b) prints, sells or uses any document purporting to be aform approved by the

Director under this Act, knowing the same not to be theform approved for the

time being, or not to have been prepared or issued by theDirector, that person

shall be guilty of an offence and on conviction thereofshall be liable to a fine

not exceeding one hundred rupees.

CHAPTER 4

GENERAL

320.(1) Where theMinister is satisfied any provisions of the law of any

Commonwealth country (other than Sri Lanka) or of anyother foreign country,

which apply with respect to ships registered in orbelonging to that country

while they are at any port in Sri Lanka are substantiallythe same as, or equally

effective as any of the provisions of this Act or anysubsidiary legislation made

thereunder, he may by order direct that all or any ofsuch provisions shall not

apply with respect to ships registered in or belonging tothat country while they

are at any port in Sri Lanka, if it is proved that thoseships comply with the

corresponding provisions of the law of the country inwhich they are registered

or to which they belong; Provided, however, that no suchorder shall be made

unless the Minister is satisfied that the Government ofthe Commonwealth or

foreign country concerned (as the case may be) hasprovided or undertaken to

provide for the exemption of Sri Lanka ships while theyare at any port in that

country, from the corresponding provisions of the law ofthat country.

(2) Where the Minister is satisfied that the Governmentof any Commonwealth

country (other than Sri Lanka) or of any other foreigncountry desires that any

of the provisions of this Act or any subsidiarylegislation made thereunder

which do not apply to ships registered in or belonging tothat country, or to any

class or description of those ships, should so applyeither generally or in

specified circumstances, and no special provision forthat application is made

elsewhere in this Act, he may by order declare that suchprovisions of this Act

or any subsidiary legislation made thereunder shall(subject to any limitation

prescribed in such order) apply to ships registered in orbelonging to that

country or, as the case may be, to any class ordescription of such ships and to

the owners, masters and crews and other persons in theservice of such ships

when not locally in the jurisdiction of such country, inthe same manner as if

those ships were Sri Lanka ships.

(3) Any order made under subsection (1) or (2) shall,subject to any limitation

therein, have effect according to its tenor.

321.(1) Withoutprejudice to any other power to make regulations conferred upon

him by this Act, the Minister may make regulationsgenerally for carrying this

Act into effect, and may by such regulations provide for

(a) anything which is to be or may be prescribed underthis Act;

(b) the fees to be charged for any services rendered oracts

performed under this Act;

(c) the offences which and the officers by whom offencesunder

this Act may be compounded ;

(d) the admissibility in evidence and the exemption fromstamp

duty of documents and forms used under this Act;

(e) the control of ships within Sri Lanka waters, to theextent that

no other provision has been made therefor by this Act orany otherwritten law;

(f) the definition of home-trade and foreign tradelimits, the

classification of ships authorized to ply within suchlimits (whether

in relation to their manning standards, generalseaworthiness or

otherwise), the regulation of traffic within any such limits,and the

modification of any provisions of this Act in relation toany suchships;

(g) requiring the complement of a Sri Lanka ship, or ofany ship

trading in Sri Lanka waters, and subject to suchconditions as may

be prescribed, to consist of citizens of Sri Lanka, insuch

proportion or percentage as may be so prescribed ;

(h) prescribing the hours for the transaction of businessby

owners, masters and agents of ships at shipping officesat any

port or ports within Sri Lanka;

(i) the enforcement of any international conventionrelating to the

subject-matter of this Act and generally to all maritimematters;

(j) the implementation in whole or in part of anyinternational

convention relating to merchant shipping, or any matterincidental

thereto or connected therewith; and

(k) extending to aircraft, with such modifications as maybe

prescribed, the provisions of this Act relating tosalvage andwreck.

(2) Every regulation made by the Minister shall bepublished in the Gazette

and shall come into operation on the date of suchpublication or on such later

dale as may be specified in the regulation.

(3) Every regulation made by the Minister shall, as soonas convenient after its

publication in the Gazette, be brought before Parliamentfor approval. Any

regulation which is not so approved shall be deemed to berescinded as from

the date of such disapproval, but without prejudice toanything previously done

thereunder.

322. The Governmentshall not be responsible for any act or default of any person appointedunder,or for the purposes of, this Act, except to such extent as may be provided bythis Act.

323. Without prejudiceto any other powers conferred on him by the provisions of this Act orby anysubsidiary legislation made thereunder, the Minister may, subject to suchconditions (ifany) as he thinks fit to impose, by order

(a) modify the provisions of this Act in theirapplication to such ship or class or

description of ship as may be specified in such order insuch manner and to

such extent as the Minister may by such order prescribe;

(b) exempt such ship or class or description of ship asmay be specified in

such order from any specified requirement contained in orprescribed under

this Act. if he is satisfied that the requirement hasbeen substantially complied

with or that compliance is unnecessary in thecircumstances of the case.

324.(1) In this Act,unless the context otherwise requires

"cargo " includes livestock ;

" Ceylon Shipping Corporation " means theCeylon Shipping Corporation

established under the Ceylon Shipping Corporation Act;

" Chief Registrar" means the Chief Registrar ofSri Lanka Ships;

" Chief Surveyor" means the Chief Surveyor ofShips for Sri Lanka appointed

for the purposes of this Act;

" Consular officer ", when used in relation toany country other than Sri Lanka,

includes any diplomatic representative of that country;

"crew ", in relation to a ship, includes seamenand apprentices;

" Director" means the Director of MerchantShipping or Director of Shipping,

appointed for the purposes of this Act, and includes anydeputy or assistant of,

or person lawfully acting under the instructions or onbehalf of, the Director;

" distressed seaman" means a seaman engagedunder this Act who, by reason

of having been discharged or left behind from, or shipwreckedin, any ship at

any port or place outside Sri Lanka, is in distressthere;

" fishing boat" means a ship, of whatever size,and in whatever way propelled,

which is for the time being employed in sea fishing forprofit;

" foreign ship " means a ship which is not aSri Lanka ship;

" Government-Sponsored Shipping Company orCorporation *' means any

Company or Corporation in which the shares are wholly orpartly owned by the

Government;

"go to sea" includes getting under way for thepurpose of going to sea;

" High Court" or "a Judge of the HighCourt " means a Judge of the High Court

of the Republic of Sri Lanka exercising admiraltyjurisdiction;

" master " includes every person (except apilot or harbour master) having for

the lime being command, control or charge of a ship, orlawfully acting as the

master thereof;

" Master Attendant " * means a Master Attendantwithin the meaning of the

Masters Attendant Ordinance, and includes any personlawfully acting for a

Master Attendant;

" officer" includes a master, mate or engineer;

" officer of customs" has the same meaning asin the Customs Ordinance;

" offence under this Act" includes an offenceagainst any subsidiary legislation

made under this Act;

" owner ", in relation to a ship, includes acharterer and an agent or agents of

the owner or charterer;

" Part ", in relation to this Act, means thePart of this Act in which that term

occurs;

" police officer " means a member of anestablished Police Force, and includes

the Inspector-General and any Deputy Inspector-General,Superintendent,

Assistant Superintendent, Inspector, Sub-Inspector,Sergeant or Constable;

" port " means a port or place declared ordeemed to be a port under section

111 of the Customs Ordinance;

" proper return port", in relation to a master,seaman or apprentice discharged

or left behind, means the port at which the master,seaman or apprentice was

engaged or the port agreed to as such by the master,seaman or apprentice,

as the case may be;

" Registrar" means a Registrar of Sri Lanka Ships,and includes the Chief

Registrar;

" Registrar of the High Court" includes anyperson acting as Registrar of the

High Court and any Deputy Registrar of the High Court;

" sea-going ship " means a ship that in factgoes to sea;

"seaman" includes every person (except anofficer or a pilot or a person

temporarily employed on a ship while in port) employed orengaged in any

capacity on board any ship ;

" ship " means every description of ship orvessel or boat, or any other

description of vessel used in navigation and notexclusively propelled by oars,

paddles or poles, and includes all equipment, apparel andappurtenances

(excluding supplies for sustenance) which are necessaryfor the navigation and

conduct of the business of the ship ;

Shipping Officer " includes any Deputy or AssistantShipping Officer, and any

person lawfully acting for any Shipping Officer, Deputyor Assistant Shipping

Officer;

" Sri Lanka " includes Sri Lanka waters;

" Sri Lanka Consular officer" includes anydiplomatic representative of the

Republic of Sri Lanka ;

" Sri Lanka Ship " means a ship which is ownedwholly by the persons or

bodies referred to in section 30;

" Sri Lanka waters " means the territorialwaters* of Sri Lanka ;

"subsidiary legislation" means regulations orrules made under this Act;

" Surveyor" means a Ship Surveyor appointed forthe purposes of this Act, and

includes an Engineer and Ship Surveyor, or a NauticalSurveyor, or a Radio

Surveyor, so appointed;

"tidal water" means any part of the sea and anypart of a river within the ebb

and flow of the tide at ordinary spring tides;

" voyage ", in relation to a ship, means thewhole distance between the ship's

port or place of departure and her final port or place ofarrival.

(2) Any reference in this Act

(a) to failure to do any act or thing shall be deemed toinclude a

reference to a refusal lo do that act or thing;

(b) to the requirements of or to any matter prescribed bythis Act

shall be deemed lo include a reference to therequirements of or

to do any matter prescribed by any subsidiary legislationmadeunder this Act.

PART XII

REPEAL AND TRANSITIONAL

325.(1) The writtenlaws specified in Column I of the Schedule are, subject to the

provisions of this Part, hereby repealed to the extentspecified in Column II of

that Schedule, and replaced by the provisions of thisAct.

(2) Any instrument which was issued, served or grantedunder any law which is

repealed or ceases to have effect by virtue of this Actshall (without prejudice

to any power to amend such instrument, and subject tosuch modifications as

may be necessary to bring it into conformity with thisAct) continue in force until

superseded, revoked or otherwise terminated, and shall bedeemed to have

been issued, served or granted under this Act, and thisAct and any subsidiary

legislation made hereunder shall apply to or in relationto such instrument

accordingly:

Provided that no such instrument which is expressed tocontinue in force for a

definite period shall continue in force after theexpiration of that period unless it

is renewed or extended in accordance with this Act andany subsidiary

legislation made or continued in force hereunder.

(3) In this section " instrument" means anylicence, certificate, validation,

exemption, notice or other authority, or any instructionor other requirement, as

the circumstances may require.

(4) Reference in any written law to the Merchant ShippingActs of the United

Kingdom shall, unless the context otherwise requires, beconstrued as a

reference to this Act.

326. Any shipregistered in relation to Ceylon under Part 1 of the Merchant ShippingAct,1894, of the United Kingdom immediately before the commencement of Part IIIof this Actshall be deemed to be duly registered under this Act and the ChiefRegistrar may, onapplication, issue a certificate of registry for such shipfree of charge, and free of, payment ofany initial registration fee.

327. Until otherprovision therefor is made by regulations made under section 44, thetonnage ofevery ship to be registered under Part III shall, prior to such ship beingregistered,be ascertained by a Surveyor in accordance with the law in force atthe time of suchascertainment for the measurement of the tonnage of merchantshipping of such maritimenation as the Chief Surveyor may direct.

328. Until otherprovision therefor is made by regulations made under section 44, theregulationsmade under section 50 of the Merchant Shipping Act, 1906 by the Board ofTradeof the United Kingdom in conjunction with the Commissioners of Customs on28th August,1907 (relating to the registration of ships) shall remain in force,subject to such modificationsas may be necessary to bring them into accord withthe provisions of this Act.

329. Until otherprovision therefor is made by regulations made under section 44, the formsofbill of sale, mortgage and transfer of mortgage of a ship shall be in the formsmarkedrespectively A, B and C in the first part of the First Schedule to theMerchant Shipping Act,1894 of the United Kingdom, or as near thereto as circumstancesmay admit; and for suchpurpose, for any reference therein to a British shipthere shall be substituted a reference to aSri Lanka ship.

330. Until otherprovision is made therefor by regulations made under this Act,

(a) the regulations annexed to the InternationalConvention for the Safety of

Life at Sea signed at London on 17th June, 1960 shallhave effect as

regulations made under section 139, and shall take effectwith such

modifications as may be necessary to adapt them to thecircumstances of Sri

Lanka; and any reference therein to the "Administration" shall be construed as

a reference to the Director, or to such other person orofficer as the Director

may for such purposes appoint;

(b) the following rules and regulations of the UnitedKingdom, namely, the

Merchant Shipping (Load Line) Rules, 1968, the MerchantShipping (Length of

Ship) Regulations, 1968, the Merchant Shipping (DockCargo) Regulations,

1968, and the Merchant Shipping (Load Lines) (Exemption)Order, 1968,

together with all other subsidiary legislation of anancillary nature thereto made

under the Merchant Shipping (Load Lines) Act, 1967, asamended from time to

time, shall have effect as regulations made under Part VIof this Act, and shall

have effect subject to such modifications as may benecessary to adapt them

to the circumstances of Sri Lanka.

331. For the avoidanceof doubts, it is hereby declared that in the event of any conflictbetween theprovisions of this Act legislation. and any subsidiary legislation made thereunderandthe provisions of the Boats Ordinance and the Masters' Attendant Ordinance andanyrules or regulations made under such Ordinances, the provisions of this Actand thesubsidiary legislation made or deemed to be made thereunder shall, tothe extent of anyinconsistency, prevail.

332. The ShippingCasualties Rules, 1899, made under section 13 of the ShippingInquiriesOrdinance, 1899, shall

(a) in so far as such rules are not inconsistent with theprovisions of this Act,

be deemed to be rules made under section 280;

(b) continue in force until other provision is madetherefor under such section ;

(c) be construed as if for references therein to thePrincipal Collector of

Customs there were substituted references to theDirector.

333. The Minister maymake regulations to provide for

(a) resolving any difficulties that may arise out of therepeal by this Act of any

written law;

(b) the amendment or revocation of any subsidiarylegislation, or any part

thereof, made under any law repealed by this Act andremaining in force

pursuant to this Part;

(c) the continuance in force, subject to such conditionsas may be prescribed,

of any exemptions (whether or not based upon reciprocitywith any other

territory) from the operation of any written law repealedby this Act;

(d) generally effecting a due and orderly assimilation ofthe law relating to

merchant shipping throughout Sri Lanka in conformity withthe purposes of this

Act.


上一篇: 斯里兰卡商业航运条例(海员培训、认证和值班)
下一篇: 斯里兰卡国家环境政策与战略
浏览次数: