Assistance of vessels in distress and salvage
The complete portion dealing with Salvage is reproduced here from the MS ACTSalvage
402. Salvage payable for saving life, cargo or wreck.-(1) Where services are rendered-
(a) Wholly or in part within the territorial waters of India in saving life from any vessel, or elsewhere in saving life from a vessel registered in India; or(b) In assisting a vessel or saving the cargo or equipment of a vessel which is wrecked, stranded or in distress at any place on or near the coasts of India; or(c) By any person other than the receiver of wreck in saving any wreck; there shall be payable to the salvor by the owner of the vessel, cargo, equipment or wreck, a reasonable sum for salvage having regard to all the circumstances of the case.
(2) Salvage in respect of the preservation of life when payable by the owner of the vessel shall be payable in priority to all other claims for salvage.
(3) Where salvage services are rendered by or on behalf of the Government or by a vessel of the Indian Navy or the commander or crew of any such vessel, the Government, the commander or the crew, as the case may be, shall be entitled to salvage and shall have the same rights and remedies in respect of those services as any other salvor.
(4) Any dispute arising concerning the amount due under this section shall be determined upon application made by either of the disputing parties-
(a) To a magistrate, where the amount claimed does not exceed ten thousand rupees; or(b) To the High Court, where the amount claimed exceeds ten thousand rupees.
(5) Where there is any dispute as to the persons who are entitled to the salvage amount under this section , the magistrate or the High Court, as the case may be, shall decide the dispute and if there are more persons than one entitled to such amount, the magistrate or the High Court shall apportion the amount thereof among such persons.
(6) The costs of and incidental to all proceedings before a magistrate or the High Court under this section shall be in the discretion of the magistrate or the High Court, and the magistrate or the High Court shall have full power to determine by whom or out of what property and to what extent such costs are to be paid and to give all necessary directions for the purpose aforesaid.
403. Savings.- Nothing in this Part shall-(a) Affect any treaty or arrangement with any foreign country to which India is a operate with reference to the disposal of the proceeds of wrecks on their respective coasts; or(b) Affect the provisions of section 29 of the Indian Ports Act, 1908 (15 of 1908), or entitle any person to salvage in respect of any property recovered by creeping or sweeping in contravention of that section.
404. Power to make rules respecting wreck and salvage.-(1) The central Government may, make rules to carry out the purposes of this Part.(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
(a) The procedure to be followed by a receiver of wreck in respect of the taking possession of wrecks and their disposal;(b) The fees payable to receivers in respect of the work done by them;(c) The procedure to be followed for dealing with claims relating to ownership of wrecks;(d) The appointment of values in salvage cases;(e) The principles to be followed in awarding salvage and the apportioning of salvage;(f) The procedure to be followed for dealing with claims for salvage;(g) The detention of property in the custody of a receiver of wreck for the purpose of enforcing payment of salvage.
