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  "title": "Dangerous Cargoes Act, 1953",
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  "text": "Page 1 of 5 \r\n \r\n \r\n  \r\nTHE DANGEROUS CARGOES ACT, 1953 \r\n  \r\n       \r\n          \r\n         CONTENTS \r\n1.  Short title, extent and commencement \r\n2.  Definitions \r\n3.  Measures for the safety of ports \r\n4.  Power to make rules \r\n5.  Declaration of emergency \r\n6.  Powers of the Chief of the Naval Staff \r\n7.  Delegation of powers by Chief of the Naval Staff \r\n8.  Powers of Deputy Conservator of a port \r\n8.A.  Technical Adviser Dangerous Cargoes \r\n9.  Contravention of this Act \r\n10.  Power to arrest without warrant \r\n11.  Savings as to order \r\n12.  Protection of action taken under this Act \r\n \r\n  \r\n \r\n \r\n\r\n \r\nPage 2 of 5 \r\n \r\nTHE DANGEROUS CARGOES ACT, 1953 \r\nACT NO. V OF 1953 \r\n[15th April, 1953] \r\nAn Act 1[to make further provision for] the safety of ports in respect of the transit, working and \r\nstorage of dangerous cargoes and matters incidental thereto. \r\nWHEREAS it is expedient 1[to make further provision for] the safety of ports in respect of the \r\ntransit, working and storage of dangerous cargoes and matters incidental thereto; \r\nIt is hereby enacted as follows:___ \r\n1. Short title, extent and commencement .___(1) This Act may be called the Dangerous \r\nCargoes Act, 1953. \r\n(2) It extends to the whole of Pakistan.  \r\n(3) It shall come into force at once. \r\n1[2. Definitions.___In this Act,___ \r\n(1) “dangerous cargoes” means any cargoes containing___ \r\n(a)  any goods shown as explosives in the Comprehensive Classified List of \r\nGovernment Explosives compiled and issued by the Explosive 2[Storage] and \r\nTransport Committee which has been accepted and approved by the 2[Federal \r\nGovernment] or any ammunition; or \r\n(b)  petroleum, as defined in clause (a) of section 2 of the Petroleum Act, 1934  \r\n(XXX of 1934), when the flashing point of such petroleum is below one hundred \r\nand fifty degrees Fahrenheit; \r\n2[(c)  prohibited dangerous goods, that is to say, goods classified as dangerous in the \r\nInternational Maritime Dangerous Goods Code or the Government Stowage \r\nInstructions as revised from time to time by the Federal Government; or] \r\n(d)   any cargoes which are liable to fire or explosion and which are declared by the \r\n2[Federal Government] by notification  in the official Gazette to be dangerous \r\ncargoes for the purposes of this Act. \r\n \r\n \r\n1Subs. by Act No. XIII of 1954, ss. 2 and 3. \r\n2Subs. by Act No. XLIII of 1974, ss. 2 and 7. \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nPage 3 of 5 \r\n \r\n(2) “Fortress Commander” means an officer of the armed forces appointed as such by the \r\n1[Federal Government] by a notification in the official Gazette.] \r\n3. Measures for the safety of ports .___The 1[Federal Government] may make such orders as \r\nappear to it to be necessary or expedient for securing the safety of any port and preventing or dealing \r\nwith explosions and fires on vessels carrying dangerous cargoes within the limits of any port, and \r\ngenerally for the transit working and storage of dangerous cargoes and matters incidental thereto. \r\n4. Power to make rules.___(1) The 1[Federal Government] may by notification in the o fficial \r\nGazette, make such rules as appear to it to be necessary or expedient for carrying the purposes of this \r\nAct into effect. \r\n(2) Without prejudice to the generality of the foregoing  power such rules may provide for all \r\nor any of the following, namely: ___ \r\n(a)  the constitution, mobilization, enrolment, discipline, equipment, duties, \r\nprivileges, and protection of fire-brigades and fire services in or near any port;  \r\n(b)  the powers to be conferred and duties to be imposed on any officer or authority \r\nfor the purposes of this Act;  \r\n(c)  the mobilization and control of any Government, State or Municipal service, or \r\nprivate organisation, by the Fortress Commander in the event of the declaration \r\nof an emergency or apprehended emergency due to fire or explosion. \r\n5. Declaration of emergency .___The existence of an emergency or apprehended emergency \r\n2[due to fire or explosion] shall be declared by the Fortress Commander on the advice of the 1[Chief \r\nof the Naval Staff]. \r\n6. Powers of the 1[Chief of the Naval Staff].___ Without prejudice to any other powers which \r\nmay be conferred on him under this Act, the 1[Chief of the Naval Staff] may___ \r\n(a)  issue orders requiring measures to be taken for the safety or vessels in a port \r\nand against or in respect of fire;  \r\n(b)  issue orders to the owner or master of any vessel in port requiring him,___ \r\n(i)  to take such steps as may be mentioned in the order for the detection and \r\ncombating of fire; \r\n(ii)  to do, or to refrain from doing, such things as may be mentioned in the \r\norder in order to secure the safety of the vessel or prevent it from \r\nendangering other vessels or property; \r\n \r\n1Subs. by Act No. XLIII of 1974, ss. 3, 4 and 7. \r\n2Ins. by Act No. XIII of 1954, s. 4.  \r\n \r\n \r\nPage 4 of 5 \r\n \r\n (iii)  to scuttle or beach the vessel in such position as may be specified in the \r\norder if the vessel is on fire or has suffered damage by fire or otherwise \r\nand constitutes, in the opinion of the 1[Chief of the Naval Staff], a danger \r\nto other vessels or obstructs the proper working of the port; \r\n (c)  issue orders requiring any work to be done on any land, or anything to be placed \r\nin, on or over any land, within the limits of a port, and such work may include \r\nthe demolition or the rendering useless of anything placed in, on or over such \r\nland and the rem oval from such land of anything so demolished or rendered \r\nuseless. \r\n7. Delegation of powers by 1[Chief of the Naval Staff].___The 1[Chief of the Naval Staff] may, \r\nby notification in the official Gazette, delegate any power conferred on him by or under this Act to any \r\nofficer subordinate to him and references in the Act to the said 1[Chief of the Naval Staff] shall include \r\nreferences to his delegate: provided that in time of peace such power shall be delegated only to the \r\n1[Commodore-in-Charge or Flag Officer C ommanding, Karachi, as the case may be] and in time of \r\nwar to the 1[officer of the Pakistan Navy, howsoever designated, who is for the time being incharge] \r\nof the port. \r\n8. Powers of Deputy Conservator of a port .___Without prejudice to any powers conferred \r\nupon him under this Act or by or under any law for the time being in force the Deputy Conservator of \r\na port shall have power to order the master of any vessel in port 2[other than a tanker]___ \r\n(a)  to place at his disposal such proportion, not exceeding three quarters, of the \r\ncrew of the vessel as the Deputy Conservator requires for the purpose of \r\npreventing or extinguishing an outbreak of fire in the port;  \r\n(b)  to take such steps as he may direct to extinguish any fire in his vessel. \r\nIn this section “Deputy Conservator” means the person who is for the time being discharging \r\nthe duties of Deputy Conservator of the port. \r\n1[8.A. Technical Adviser Dangerous Cargoes.___(1) The Federal Government may appoint a \r\nTechnical Adviser Dangerous Cargoes on such terms and conditions as it may determine. \r\n(2) The Technical Adviser Dangerous Cargoes shall, besides advising the Federal Government \r\non matters relating to safety and security of any port, prevention of, and dealing with, explosions and \r\nfires on vessels carrying dangerous cargoes within the limits  of any port and the transit, working and \r\nstorage of dangerous cargoes, exercise such powers and perform such functions as may be assigned to \r\nhim by the Federal Government.] \r\n \r\n \r\n1Subs. and ins. by Act No. XLIII of 1974, ss. 4, 5 and 6. \r\n2Ins. by Act No. XIII of 1954, s. 5.  \r\n \r\n \r\n \r\nPage 5 of 5 \r\n \r\n9. Contravention of this Act .___ (1) Any contravention of or attempt to contravene, and any \r\nabetment of or attempt to abet the contravention of any provision of this Act, or the rules made \r\nthereunder or any order under this Act or the rules shall be punishable with imprisonment for a term  \r\nwhich may extend to two years or with fine which may extend to five thousand rupees or with both. \r\n(2) For the purposes of this section failure to obey the provisions of any rule or order under this \r\nAct shall be construed as a contravention of the rule or order. \r\n10. Power to arrest without warrant .___The police may arrest without warrant any person \r\ncommitting an offence under this Act. \r\n11. Savings as to order.___(1) No order made in exercise of any power conferred by or under \r\nthis Act shall be called to question by any court. \r\n(2) When an order purports to have been made and signed by any officer or any authority in \r\nexercise of any power conf erred by or under this Act the c ourt shall, within the meaning of the \r\nEvidence Act, 1872 (I of 1872), presume that such order was so made by that officer or authority. \r\n12. Protection of action taken under this Act .___(1) No suit, prosecution or other legal \r\nproceeding shall lie against any person for anything which is in good faith done or intended to be done \r\nin pursuance of this Act or any rules made thereunder or any order issued under this Act or the rules. \r\n(2) Save as otherwise expressly provided under this Act no suit or other legal proceeding shall \r\nlie against the 1[Government] for any damage caused or likely to be caused by anything in good faith \r\ndone or intended to be done in pursuance of this Act or any rule made thereunder or any order issued \r\nunder this Act or the rules. \r\n \r\n______________ \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\n                                                                                                             Dated.23-07-2025 \r\n \r\n1Subs. by A. O., 1961, Art. 2 and Table, (with effect from the 23rd March, 1956).",
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