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  "title": "Pakistan Merchant Shipping Ordinance, 2001",
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  "text": "Page 1 of 233 \r\n \r\n \r\n \r\n \r\n \r\n \r\nTHE PAKISTAN MERCHANT SHIPPING ORDINANCE, 2001 \r\n \r\n \r\n \r\nCONTENTS \r\n \r\nPART I.—INTRODUCTORY \r\nCHAPTER 1.—PRELIMINARY \r\n \r\n1.  Short title, extent, application and commencement \r\n \r\n2.  Definitions \r\n \r\nCHAPTER 2.—MERCANTILE MARINE DEPARTMENT \r\n \r\n3.  Office of Mercantile Marine Department \r\n \r\n4.  Surveyors \r\n \r\n5.  Radio Inspectors \r\n \r\nCHAPTER 3.—SHIPPING OFFICES \r\n \r\n6.  Shipping Offices \r\n \r\n7.  Conduct of business of shipping office at other office \r\n \r\n8.  Duties of the Shipping Master \r\n \r\n9.  Fees for engagement or discharge of seamen \r\n \r\n10.  Seamen’s Welfare Officers \r\n \r\nPART II.—REGISTRATION AND NATIONALITY \r\nCHAPTER 4.—REGISTRATION \r\n \r\n11.  Application \r\n \r\n12.  Restriction on acquisition of ship \r\n\r\n \r\nPage 2 of 233 \r\n \r\n13  Qualification for registration of Pakistani ships \r\n \r\n14.  Obligation to register ships \r\n \r\n15.  Exemption from registry \r\n \r\n16.  Registrars of Pakistani ships and ports of registry \r\n \r\n17.  Provisions for entries in register book \r\n \r\n18.  Measurement of ships \r\n \r\n19.  Marking of ships \r\n \r\n20.  Entry of particulars in register book \r\n \r\n21.  Port of Registry \r\n \r\n22. Certificate of Registry \r\n \r\n23.  Custody and use of certificate \r\n \r\n24.  Penalty for use of improper certificate \r\n \r\n25.  Power to grant duplicate certificate \r\n \r\n26.  Provision for loss of certificate \r\n \r\n27.  Endorsement of change of master on certificate \r\n \r\n28.  Endorsement of change of ownership \r\n \r\n29.  Provisional certificate for ships becoming Pakistani owned abroad \r\n \r\n30.  Temporary passes in lieu of certificates of registry \r\n \r\n31.  Transfer of ships or shares \r\n \r\n32.  Declaration of transfer \r\n \r\n33.  Registry of transfer \r\n \r\n34.  Transmission of property in ship on death, bankruptcy, marriage, etc. \r\n \r\n35.  Order for sale on transmission to unqualified person \r\n \r\n36.  Transfer of ship on sale by order of court \r\n \r\n37.  Power of court to prohibit transfer \r\n \r\n \r\nPage 3 of 233 \r\n \r\n38.  Mortgage of ship or share \r\n \r\n39.  Entry of discharge of mortgage \r\n \r\n40.  Priority of mortgage \r\n \r\n41.  Mortgagees not treated as owner \r\n \r\n42.  Mortgagee to have power of sale \r\n \r\n43.  Mortgage not affected by bankruptcy \r\n \r\n44.  Transfer of mortgages \r\n \r\n45.  Transmission of interest in mortgage by death, bankruptcy or marriage, etc. \r\n \r\n46.  Powers of mortgage and sale \r\n \r\n47.  Requisites for certificates of mortgage and sale \r\n \r\n48.  Restrictions on certificates of mortgage and sale \r\n \r\n49.  Power of the Federal Government in case of loss of certificate of mortgage or sale \r\n \r\n50.  Revocation of certificates of mortgage and sale \r\n \r\n51.  Registry of alterations, registry anew and transfer of registry \r\n \r\n52.  Provisional certificate and endorsement \r\n \r\n53.  Registry anew on change of ownership \r\n \r\n54.  Restrictions on re-registration of abandoned ships \r\n \r\n55.  Provision for cases of infancy or other incapacity \r\n \r\n56.  Equities not included by Ordinance \r\n \r\n57.  Liability of owners \r\n \r\n58.  Ship’s managing owner or manager to be registered \r\n \r\n59.  Forgery of documents \r\n \r\n60.  False declaration \r\n \r\n61.  National character of ship to be declared before clearance \r\n \r\n62.  Penalty for concealment of Pakistan character or assumption of foreign character \r\n \r\n \r\nPage 4 of 233 \r\n \r\n63.  Penalty for acquiring ownership if unqualified \r\n \r\n64.  Liabilities of ships not recognized as Pakistani ships \r\n \r\n65.  National colours for ships \r\n \r\n66.  Penalty for unduly assuming Pakistani character \r\n \r\n67.  Pakistani ships to hoist proper national colours in certain cases \r\n \r\n68.  Saving for Pakistan Navy \r\n \r\n69.  Recognition of tonnage measurement of ships of foreign country \r\n \r\n70.  Space occupied by deck cargo to be liable to dues \r\n \r\n71.  Surveyors and regulations for measurement of ships \r\n \r\n72.  Levy of tonnage rates under local laws on the registered tonnage \r\n \r\n73.  Close of registry \r\n \r\n74.  Powers to make rules in respect of matters in this Part \r\n \r\nPART III.—COASTAL SHIPPING \r\nCHAPTER 5.—CONTROL OF SHIPPING \r\n \r\n75.  Application \r\n \r\n76.  International shipping operators \r\n \r\n77.  Government cargo \r\n \r\n78.  Requirements for participation in coastal shipping \r\n \r\n79.  Power to fix shipping rates \r\n \r\n79A.  Regulation and determination of port charges by Shipping Companies and Shipping \r\n Agents etc. \r\n \r\n80.  Duty to notify tariffs and other transport conditions \r\n \r\n81.  Duty to provide conference agreement \r\n \r\n82.  Power to disapprove conference agreement \r\n \r\n83.  Prohibition on compliance with disapproved agreement \r\n \r\n84.  Prohibition to contravene cargo sharing measures \r\n \r\n \r\nPage 5 of 233 \r\n \r\n85.  Representative Organizations \r\n \r\n86.  Power to call for information \r\n \r\n87.  Power of Shipping Authority to enter ship \r\n \r\n88.  Penalty \r\n \r\n89.  Power to make rules \r\n \r\nPART IV. — MANNING OF SHIP \r\nCHAPTER 6.—CERTIFICATE OF COMPETENCY \r\n \r\n90.  Application \r\n \r\n91.  Ships to be provided with certificated officers \r\n \r\n92.  When officers or ratings deemed to be certificated \r\n \r\n93.  Grades of certificates of competency \r\n \r\n94.  Examinations for certificates \r\n \r\n95.  Grant of certificates on passing examination \r\n \r\n96.  Certificate of competency for Naval Officer \r\n \r\n97.  Form of certificates \r\n \r\n98.  Record of orders affecting certificates \r\n \r\n99.  Loss of certificate \r\n \r\n100.  Recognition of certificates of competency granted in other countries \r\n \r\n101.  Restriction on employment of aliens \r\n \r\n102.  Production of certificates and other documents of qualifications \r\n \r\n103.  Power to cancel or suspend certificates \r\n \r\n104.  Penalty \r\n \r\n105.  Power to make rules as to grant of certificates of competency \r\n \r\nCHAPTER 7.—APPRENTICESHIP TO SEA SERVICE \r\n \r\n106.  Assistance for apprenticeship to sea service \r\n \r\n107.  Special provisions as to apprenticeship to sea service \r\n \r\nPage 6 of 233 \r\n \r\n \r\n108.  Manner in which contract, etc. is to be recorded \r\n \r\n109.  Production of contracts to persons before voyage in ship \r\n \r\nCHAPTER 8. —EMPLOYMENT OF YOUNG PERSONS \r\n \r\n110.  Employment of young persons \r\n \r\n111.  Engagement of young persons as trimmer or stoker \r\n \r\n112.  Medical examination of young persons \r\n \r\n113.  Penalty for false representation by parent or guardian \r\n \r\n114.  Penalty for contravention of sections 110, 111 and 112 \r\n \r\n115.  Maintenance of list or register of young persons in a ship and penalty for failure to \r\n maintain or produce for inspection register of such persons \r\n \r\n116.  Power to make rules \r\n \r\nCHAPTER 9. —ENGAGEMENT OF SEAMEN \r\n \r\n117.  Rules relating to engagement of seaman and maritime labour \r\n \r\n118.  Supply of seamen in contravention of this Ordinance prohibited \r\n \r\n119.  Manning agent \r\n \r\n120.  Seamen to be in possession of seamen's service book \r\n \r\n121.  Loss of seamen's service book \r\n \r\n122.  Cancellation of seamen's service book \r\n \r\n123.  Certificate of physical fitness \r\n \r\n124.  Rules relating to safe manning \r\n \r\n125.  Agreement with crew \r\n \r\n126.  Forms and contents of agreement \r\n \r\n127.  Engagement in Pakistan of seamen for foreign ships \r\n \r\n128.  Special provisions with regard to agreements with crew of Pakistani foreign-going ships \r\n \r\n129.  Renewal of running agreements in certain cases \r\n \r\n \r\nPage 7 of 233 \r\n \r\n130.  Special provisions as to agreements with crew of home trade or coasting ships \r\n \r\n131.  Changes in crew to be reported \r\n \r\n132.  Certificates as to agreements with crew of foreign going and home trade ships \r\n \r\n133.  Certificate as to agreement with crew of coasting ship \r\n \r\n134.  Copy of agreement with crew to be made accessible to the crew \r\n \r\n135.  Alteration in agreement with the crew \r\n \r\n136.  List of crew to be furnished to Shipping Master \r\n \r\n137.  Power to prohibit engagement of specified Pakistani seamen \r\n \r\n138.  Power to board ships and muster seamen \r\n \r\n139.  Forged seamen’s service book \r\n \r\nCHAPTER 10. —DISCHARGE OF SEAMEN \r\n \r\n140.  Discharge of seamen before Shipping Master \r\n \r\n141.  Entries to be made in seamen's service book and return of certificates of \r\n competency to Officers on discharge \r\n \r\n142.  Discharge of a seaman abroad \r\n \r\n143.  Discharge of seamen and apprentices on change of ownership \r\n \r\n144.  Transmission of documents on transfer of seaman from one ship to another \r\n \r\n145.  Repatriation of seamen and apprentices on termination of service abroad \r\n \r\n146.  Leaving behind in Pakistan a seaman or apprentice shipped abroad \r\n \r\n147.  Leaving behind a seaman or apprentice by masters of Pakistani ships \r\n \r\n148.  Wages and other property of seaman or apprentice left behind Pakistani ships  abroad \r\n \r\nCHAPTER 11. —WAGES OF SEAMEN \r\n(A) PAYMENT OF WAGES \r\n \r\n149.  Master to deliver account of wages \r\n \r\n150.  Deduction from wages of seamen \r\n \r\n151.  Disrating of seamen \r\n \r\n152.  Deductions on account of provident fund, etc. \r\n \r\nPage 8 of 233 \r\n \r\n \r\n153.  Payment of wages before Shipping Master \r\n \r\n154.  Time of payment of wages \r\n \r\n155.  Settlement of wages \r\n \r\n156.  Decision of disputes by Shipping Master \r\n \r\n157.  Power of Shipping Master to require production of ship's papers \r\n \r\n158.  Rate of exchange for payment of seamen in Pakistan \r\n \r\n(B) RIGHTS OF SEAMEN IN RESPECT OF WAGES \r\n \r\n159.  Right to wages and provisions \r\n \r\n160.  Wages not to depend on freight \r\n \r\n161.  Wages on termination of service by wreck, illness, etc. \r\n \r\n162.  Wages not to accrue during refusal or imprisonment \r\n \r\n163.  Compensation to seamen \r\n \r\n164.  Restriction on sale of and charges upon wages \r\n \r\n165.  Summary proceedings for wages \r\n \r\n166.  Restrictions on suits for wages \r\n \r\n(C) ADVANCES AND ALLOTMENT OF WAGES \r\n \r\n167.  Advances and allotments \r\n \r\n168.  Stipulations as to allotment notes \r\n \r\n169.  Payment of sums allotted \r\n \r\nCHAPTER 12. —PROPERTY OF DECEASED SEAMEN \r\n \r\n170.  Master to take charge of the effects of deceased seaman \r\n \r\n171.  Disposal of property of seaman who dies during the voyage \r\n \r\n172.  Liability of master in respect of property of deceased seamen, etc. \r\n \r\n173.  Property of deceased seamen left abroad but not on board ship \r\n \r\n174.  Dealing with property of deceased seamen \r\n \r\nPage 9 of 233 \r\n \r\n \r\n175.  Recovery of wages, etc., of seamen lost with their ship \r\n \r\n176.  Property of seamen dying in Pakistan \r\n \r\n177.  Payment over property of deceased seamen be Shipping Master \r\n \r\n178.  Disposal of unclaimed property of deceased seamen \r\n \r\nCHAPTER 13. —DISTRESSED SEAMEN \r\n \r\n179.  Application of Chapter to apprentices \r\n \r\n180.  Power to make rules with respect to distressed seamen \r\n \r\n181.  Relief and maintenance of distressed seamen \r\n \r\n182.  Mode of providing for return of seamen to proper port \r\n \r\n183.  Receiving distressed seamen on ships \r\n \r\n184.  Pakistan Consular o fficer of Shipping Master to decide return port to or route by which \r\n seaman is to be sent \r\n \r\n185.  Provisions as to taking distressed seamen on ships \r\n \r\n186.  What shall be evidence of distress \r\n \r\nCHAPTER 14. —PROVISIONS AND ACCOMMODATION FOR SEAMEN AND THEIR \r\nHEALTH \r\n \r\n187.  Ships to have sufficient provisions and water \r\n \r\n188.  Allowance for short or bad provisions \r\n \r\n189.  Pakistani foreign going ships to carry duly certificated cooks \r\n \r\n190.  Medicines to be provided and kept on board certain ships \r\n \r\n191.  Certain ships to carry medical officers \r\n \r\n192.  Weights and measures on board \r\n \r\n193.  Expenses of medical attendance in case of illness \r\n \r\n194.  Power to make rules with respect to crew accommodation \r\n \r\n195.  Inspection of crew accommodation when a ship is re-registered \r\n \r\n196.  Bedding, towels, etc., to be provided \r\n \r\nPage 10 of 233 \r\n \r\n \r\n197.  Inspection of provisions, water and medicines \r\n \r\n198.  Inspection by master of provisions, water and accommodation at sea \r\n \r\nCHAPTER 15. —DISCIPLINE OF SEAMEN AND APPRENTICES \r\n \r\n199.  Definitions \r\n \r\n200.  Master's power of arrest \r\n \r\n201.  Maintenance of discipline \r\n \r\n202.  On change of master, documents to be handed over to successor \r\n \r\n203.  Misconduct endangering life or ship \r\n \r\n204.  Desertion and absence without leave \r\n \r\n205.  Power to suspend deserter's seamen's service book \r\n \r\n206.  Conveyance of deserter or imprisoned seaman or apprentice on board ship \r\n \r\n207.  Power of Court to order offender to be taken on board ship \r\n \r\n208.  General offences against discipline \r\n \r\n209.  Report of desertion and absence without leave \r\n \r\n210.  Entries and certificates of desertion abroad \r\n \r\n211.  Facilities for proving desertion in proceeding for forfeiture of wages \r\n \r\n212.  Application of forfeiture \r\n \r\n213.  Decisions of questions for forfeiture and deductions in suits for wages \r\n \r\n214.  Payment of fines imposed under agreement to Shipping Master \r\n \r\n215.  Penalty for enticing to desert \r\n \r\n216.  Penalty for harboring deserters \r\n \r\n217.  Penalties on stowaways and discipline of stowaways and seamen carried under \r\n compulsion \r\n \r\n218.  Unauthorized presence on board ship \r\n \r\n219.  Procedure where officer, seaman or apprentice not shipped in Pakistan is imprisoned  on \r\n complaint of master \r\n \r\nPage 11 of 233 \r\n \r\n \r\n220.  Power to send on board officer or seaman or apprentice not shipped in Pakistan who is \r\n undergoing imprisonment \r\n \r\n221.  Deserters from foreign ships \r\n \r\nCHAPTER 16. —LITIGATION AGAINST SEAMEN \r\n \r\n222.  Definitions \r\n \r\n223.  Particulars to be furnished in plaints, etc. \r\n \r\n224.  Power of Collector to intervene in case of an unrepresented seaman \r\n \r\n225.  Notice to be given in case of unrepresented seaman \r\n \r\n226.  Postponement of proceedings \r\n \r\n227.  Power to set aside decrees and orders passed against serving seaman \r\n \r\n228.  Modifications of law of limitation where seaman is a party \r\n \r\n229.  Reference in matters of doubt to Shipping Master \r\n \r\n230.  Provisions of this Chapter to apply to master and apprentices \r\n \r\n231.  Power to make rules \r\n \r\nCHAPTER 17 \r\nA.—UNIFORM \r\n \r\n232.  Uniforms to be prescribed \r\n \r\n233.  Certificated officers may wear uniforms while employed \r\n \r\n234.  Uniforms when not to be worn \r\n \r\n235.  Persons not to be dressed partly in uniform \r\n \r\n236.  Penalties \r\n \r\nB. —COMPLAINTS BY SEAMEN AND APPRENTICES \r\n \r\n237.  Facilities for making complaints \r\n \r\nC. —PROTECTION OF SEAMEN AND APPRENTICES \r\n \r\n238.  Salvage reward invalid \r\n \r\n239.  Debts not recoverable till the conclusion of agreed services \r\n \r\n \r\nPage 12 of 233 \r\n \r\n240.  Inspection of seamen's lodging houses \r\n \r\n241.  Prohibition against taking out property from ship \r\n \r\n242.  Seamen's property not to be detained \r\n \r\n243.  Ship not to be boarded without permission before seamen leave \r\n \r\nD. —RESCISSION OF CONTRACTS \r\n \r\n244.  Power of Court to rescind contract between master, owner or agent and seaman or apprentice \r\n \r\nE. —MARITIME ADVISORY COMMITTEE \r\n \r\n245.  Constitution and functions of Central Maritime Advisory Committee \r\n \r\nF. —NATIONAL WELFARE. BOARD FOR SEAMEN \r\n \r\n246.  Constitution of National Welfare Board for seamen \r\n \r\nPART V. —PASSENGER SHIPS \r\nCHAPTER 18. —SURVEY OF PASSENGER SHIPS \r\n \r\n247.  Application \r\n \r\n248.  No ship to carry passengers without a certificate of survey \r\n \r\n249.  Powers of Federal Government to exempt certain ships \r\n \r\n250.  No port clearance until certificate of survey produced \r\n \r\n251.  Power to detain ship not having certificate of survey \r\n \r\n252.  Owner or Agent responsible for survey \r\n \r\n253.  Powers of surveyors \r\n \r\n254.  Fees in respect of surveys \r\n \r\n255.  Powers of the Federal Government to direct that two or more surveyors be employed \r\n \r\n256.  Division of duties when two or more surveyors employed \r\n \r\n257.  Declaration of survey \r\n \r\n258.  Sending of declaration by owner or master \r\n \r\n259.  Grant of certificate of survey by Federal Government \r\n \r\n260.  Powers of the Federal Government to order a second survey \r\n \r\nPage 13 of 233 \r\n \r\n \r\n261.  Ships with certificates of survey or certificates of partial survey granted outside Pakistan \r\n \r\n262.  Duration of certificate of survey \r\n \r\n263.  Cancellation or suspension of certificate of survey by Federal Government \r\n \r\n264.  Alterations in ships subsequent to grant of certificate of survey and additional surveys \r\n \r\n265.  Delivery of expired or cancelled certificate \r\n \r\n266.  Certificate of survey to be affixed in conspicuous part of ship \r\n \r\n267.  Ship not to carry passengers in contravention of the Ordinance \r\n \r\n268.  Offences in connection with passenger ships \r\n \r\n269.  Power to exclude drunken passengers from passenger ships \r\n \r\n270.  Power to make rules \r\n \r\nCHAPTER 19. —SPECIAL TRADE PASSENGERS SHIPS \r\n \r\n271.  Special trade passenger ships to be mechanically propelled \r\n \r\n272.  Places appointed by Federal Government \r\n \r\n273.  Notice to be given on day of departure \r\n \r\n274.  Power to enter on and inspect ship \r\n \r\n275.  Special trade safety and space certificate \r\n \r\n276.  Ship not to sail without certificate A and B \r\n \r\n277.  Contents of certificate A \r\n \r\n278.  Contents of certificate B \r\n \r\n279.  Customs Collector or officer of Customs not to grout port-clearance certificate \r\n \r\n280.  Survey of ship \r\n \r\n281.  Discretion as to grant of certificate B \r\n \r\n282.  Copy of certificate to be exhibited \r\n \r\n283.  Ship taking additional passengers at intermediate places \r\n \r\n284.  Statements concerning passengers \r\n \r\nPage 14 of 233 \r\n \r\n \r\n285.  Deaths on voyage \r\n \r\n286.  Special trade passenger ships to carry medical officers \r\n \r\n287.  Penalty for non-compliance with certain provisions \r\n \r\n288.  Penalty for bringing passengers from any foreign port in excess of authorised number \r\n \r\n289.  Penalty for failing to supply special trade passengers with prescribed provisions \r\n \r\n290.  Penalty for ship unlawfully departing or receiving passengers on board \r\n \r\n291.  Penalty for fraudulent alteration in ship after certificate obtained \r\n \r\n292.  Number of passengers on board not to exceed that allowed by or under this Chapter \r\n \r\n293.  Penalty for discharging special trade passengers at a ny port or place other than that \r\n contracted for \r\n \r\n294.  Penalty for making voyage in contravention of contract \r\n \r\n295.  Forwarding of passengers by Pakistan Consular Officers \r\n \r\n296.  Recovery of expenses incurred in forwarding passengers \r\n \r\n297.  Information to be sent to ports of embarkation and dis-embarkation \r\n \r\n298.  Information sent under section 297, etc., to be admissible in evidence \r\n \r\n299.  Power to make rules as to special trade passenger ships \r\n \r\n \r\nCHAPTER 20. —PILGRIM SHIPS \r\n \r\n300.  Application of certain provisions of Chapter 19 to pilgrim ships \r\n \r\n301.  Pilgrim ships to be mechanically propelled \r\n \r\n302.  Accommodation, etc; for pilgrims \r\n \r\n303.  Disposal of pilgrims baggage \r\n \r\n304.  Hospital accommodation \r\n \r\n305.  Statement concerning pilgrims to be delivered before ship departs \r\n \r\n306.  Death on voyage \r\n \r\n307.  Pilgrim ship taking additional pilgrims at intermediate place \r\n \r\n \r\nPage 15 of 233 \r\n \r\n308.  Statement concerning pilgrims to be delivered before pilgrims disembark in Pakistan \r\n \r\n309.  Penalty for not complying with requirements as to statements concerning pilgrims, etc. \r\n \r\n310.  Certain pilgrim ships to carry medical officers and attendants \r\n \r\n311.  Medical officer's diaries and reports \r\n \r\n312.  Bond where pilgrim ship proceeds on outward voyage \r\n \r\n313.  Medical inspection and permission required before embarkation of pilgrims \r\n \r\n314.  Medical inspections after embarkation in certain cases \r\n \r\n315.  Return passage to be secured \r\n \r\n316.  Issue or production of tickets \r\n \r\n317.  Refund of deposits and passage-money \r\n \r\n318.  Unclaimed deposits and passage money to vest in Federal Government \r\n \r\n319.  Cost of return journey of pilgrims on ships other than those for which return \r\n ticket is available \r\n \r\n320.  Notice of proceeding of pilgrim ship on voyage \r\n \r\n321.  Compensation for delay in departing or proceeding on voyage \r\n \r\n322.  Substitution of ships \r\n \r\n323.  Sanitary taxes payable by the master \r\n \r\n324.  Power to exempt ship from provisions of Chapter 20 \r\n \r\n325.  Appointment of officers \r\n \r\n326.  Power to make rules \r\n \r\nPART VI. —SAFETY \r\nCHAPTER 21. —CONSTRUCTION OF SHIPS AND SAFETY EQUIPMENT, ETC. \r\n \r\n327.  Countries to which the safety and Load Line Convention apply \r\n \r\n328.  Construction of passenger ships \r\n \r\n329.  Construction of cargo ships \r\n \r\n330.  Power to make Rules with respect to the construction and survey of cargo ships, etc. \r\n \r\n \r\nPage 16 of 233 \r\n \r\n331.  Power to make rules as to life saving and fire fighting appliances, etc. \r\n \r\n332.  Inspection of life saving appliances, etc. \r\n \r\n333.  Control of water-tight openings \r\n \r\n334.  Stability information and damage control \r\n \r\nCHAPTER 22. —RADIO INSTALLATION, RADIO EQUIPMENT AND NAVIGATIONAL \r\nEQUIPMENT \r\n \r\n335.  Requirements of radio installation and radio equipment \r\n \r\n336.  Requirements as to radio direction finding apparatus \r\n \r\n337.  Radio log \r\n \r\n338.  Inspection, etc. \r\n \r\n339.  Requirements as to navigational equipment \r\n \r\n340.  Application of chapter to foreign ships \r\n \r\n341.  Power to make rules \r\n \r\nCHAPTER 23. —SAFETY CONVENTION CERTIFICATE \r\n \r\n342.  Passenger ship safety certificate \r\n \r\n343.  Cargo ship safety equipment certificate \r\n \r\n344.  Cargo ship equipment certificate \r\n \r\n345.  Cargo ship safety radio certificates \r\n \r\n346.  Cargo ship safety construction certificate \r\n \r\n347.  Issuance of Exemption certificate or any other certificate \r\n \r\n348.  Duration of certificates \r\n \r\n349.  Modification of passenger ship safety certificate in respect of life saving appliances \r\n \r\n350.  Recognition of certificates issued outside Pakistan \r\n \r\n351.  Issue of certificates to foreign ships in Pakistan \r\n \r\n352.  Issue by foreign Governments of certificates to Pakistani ships \r\n \r\n353.  Prohibition on proceeding to sea without certificates \r\n \r\nPage 17 of 233 \r\n \r\n \r\n354.  Delegation of powers to perform certain functions \r\n \r\n355.  Production of certificates by ships other than Pakistani ships \r\n \r\n356.  Application of sections to certificates \r\n \r\n357.  Power of Federal Government to make rules \r\n \r\nCHAPTER 24. —LOAD LINES \r\n \r\n358.  Ships exempt from provisions relating to load lines \r\n \r\n359.  Power to make rules as to load lines \r\n \r\n360.  Marking of deck line and load lines \r\n \r\n361.  Alterations after survey \r\n \r\n362.  Submersion of load line \r\n \r\n363.  Submersion of sub-division load lines in case of passenger ships \r\n \r\n364.  Penalty for submersion of load lines and sub-division load lines \r\n \r\n365.  Offences in relation to marks \r\n \r\n366.  Inspection of ships with respect to load lines \r\n \r\nCHAPTER 25. —LOAD LINE CERTIFICATE \r\n \r\n367.  Issue, duration and extension of load line certificate \r\n \r\n368.  Issue, duration and cancellation of exemption certificates, etc. \r\n \r\n369.  Ship not to proceed to sea without certificate \r\n \r\n370.  Publication of load line certificates and particulars relating to depth of loading \r\n \r\n371.  Insertion of particulars as to load lines in agreements with crew \r\n \r\nCHAPTER 26. —SPECIAL PROVISIONS RELATING TO LOAD LINES AS TO FOREIGN \r\nSHIP \r\n \r\n372.  Load lines certificates of ships other than Pakistani ships \r\n \r\n373.  Recognition of load line and exemption certificates issued outside Pakistan \r\n \r\n374.  Inspection and control of foreign ships belonging to countries to which Load Line \r\n Convention applies \r\n \r\nPage 18 of 233 \r\n \r\n \r\n375.  Certificate of ship other than Pakistani ships to be produced to Customs \r\n \r\n376.  Marking of deck line and load lines of ships other than Pakistani ships \r\n \r\n377.  Submersion of load lines of ships other than Pakistani ships \r\n \r\n378.  Inspection of ships belonging to non-convention countries \r\n \r\n379.  Load line certificates and load line exemption certificates of ships other than Pakistani \r\n ships \r\n \r\n380.  Certificates to be produced to Customs by ships, other than Pakistani ships, belonging to non-\r\nConvention countries \r\n \r\nCHAPTER 27. —CARRIAGE OR SPECIAL CARGOES \r\n \r\n381.  Power to make rules in respect of timber cargo \r\n \r\n382.  Carriage of dangerous goods \r\n \r\n383.  Restrictions on carriage of dangerous goods \r\n \r\n384.  Penalty for misdescription of goods \r\n \r\n385.  Power to deal with goods suspected of being dangerous \r\n \r\n386.  Forfeiture of dangerous goods improperly sent or carried \r\n \r\n387.  Saving for other enactments relating to dangerous goods \r\n \r\n388.  Grain loading plan \r\n \r\n389.  Carriage of grain \r\n \r\n390.  Carriage of bulk cargoes other than grain, etc. \r\n \r\nCHAPTER 28. —UNSEAWORTHY AND UNSAFE SHIP \r\n \r\n391.  Unseaworthy ship defined \r\n \r\n392.  Unseaworthy ships not to be sent to sea \r\n \r\n393.  Obligation of ship owner to crew with respect to seaworthiness \r\n \r\n394.  Power to detain unsafe ship and procedure for detention \r\n \r\n395.  Liability of Federal Government for costs and damages when ship wrongly detained \r\n \r\n396.  Liability of ship owner for costs when ship rightly detained \r\n \r\nPage 19 of 233 \r\n \r\n \r\n397.  Method of calculating costs of detention and survey \r\n \r\n398.  Power to require from complainant security for costs \r\n \r\n399.  Costs, etc., payable by Federal Government to be recovered from complainant \r\n \r\n400.  Application to ships other than Pakistani ships of provisions as to detention \r\n \r\n401.  Detention, etc., of foreign ships in cases to which section 400 does not apply \r\n \r\n402.  Exemption of ships from certain provisions of the Chapter \r\n \r\nPART VII. —NAVIGATION, COLLISIONS AND ACCIDENTS \r\nCHAPTER 29. —NAVIGATION \r\n \r\n403.  Method of giving helm order \r\n \r\n404.  Duty to report dangers to navigation \r\n \r\n405.  Careful navigation near ice \r\n \r\n406.  Obligation to render assistance on receiving signal of distress \r\n \r\n407.  Power to make rules \r\n \r\n408.  Ships to carry certain navigational instruments, etc. \r\n \r\n409.  Signalling lamps \r\n \r\n410.  Meteorological observations to be recorded, etc. \r\n \r\nCHAPTER 30. —COLLISIONS AND ACCIDENTS \r\n \r\n411.  Collision regulations \r\n \r\n412.  Observance of collision regulations \r\n \r\n413.  Inspection of lights and shapes, etc. \r\n \r\n414.  Saving for rules of navigation in harbour, etc. \r\n \r\n415.  Duty of master to assist in case of collision \r\n \r\n416.  Collision to be entered in official-log \r\n \r\n417.  Report to Federal Government of accidents to ships \r\n \r\n418.  Notice of loss of Pakistani ship to be given \r\n \r\n \r\nPage 20 of 233 \r\n \r\n419.  Division of loss in case of collision \r\n \r\n420.  Damages for personal injuries \r\n \r\n421.  Right of contribution \r\n \r\n422.  Power to make rules for maritime communication \r\n \r\n423.  Power to make regulations for search and rescue \r\n \r\nPART VIII. —OFFICIAL LOGS \r\nCHAPTER 31. —OFFICIAL LOGS \r\n \r\n424.  Official logs to be kept and to be dated \r\n \r\n425.  Entries required to be made in official log-book \r\n \r\n426.  Entries required to be made in official log-book of every other ship which carries Pakistani \r\nseamen \r\n \r\n427.  Offences in respect of official log \r\n \r\n428.  Delivery of official logs \r\n \r\n429.  Official logs to be sent to Shipping Master in the case of transfer or loss of ship \r\n \r\n430.  Power to call for official logs \r\n \r\nPART IX. —FISHING AND SAILING VESSELS \r\nCHAPTER 32. —FISHING VESSELS \r\n \r\n431.  Application of Chapter \r\n \r\n432.  Ascertainment of tonnage \r\n \r\n433.  Registration of fishing vessels \r\n \r\n434.  Effect of registration of fishing vessels \r\n \r\n435.  Particulars relating to fishing vessels to be painted \r\n \r\n436.  Change of name \r\n \r\n437.  Change of ownership \r\n \r\n438.  Mortgages of fishing vessels \r\n \r\n439.  Registration of alterations \r\n \r\n440.  Transfer of registry \r\n \r\nPage 21 of 233 \r\n \r\n \r\n441.  Entries in register relating to vessel lost, etc; to stand closed \r\n \r\n442.  Certificate of inspection \r\n \r\n443.  Fishing vessel safety certificate and exemption certificate \r\n \r\n444.  Port clearance not to be given \r\n \r\n445.  Fraudulent use of certificate of registry, certificate of inspection or safety \r\n certificate, etc. \r\n \r\n446.  Life saving appliances, etc. \r\n \r\n447.  Skippers and engine drivers to be duly certificated \r\n \r\n448.  Statement relating to crew to be maintained \r\n \r\n449.  Power to make rules. \r\n \r\nCHAPTER 33. —SAILING VESSELS \r\n \r\n450.  Application of Chapter \r\n \r\n451.  Decision of question whether a vessel is a sailing vessel \r\n \r\n452.  Certificate of registry \r\n \r\n453.  Change of name of sailing vessel \r\n \r\n454.  Prevention of overloading or overcrowding \r\n \r\n455.  Certificate of inspection \r\n \r\n456.  Inquiry into jettisoning of cargo \r\n \r\n457.  Foreign sailing vessels not to engage in coasting trade without permission \r\n \r\n458.  Detention of overloaded foreign sailing vessels \r\n \r\n459.  Application to sailing vessels of certain provisions relating to ships and \r\n fishing vessels \r\n \r\n460.  Powers to make rules respecting sailing vessels \r\n \r\nPART X. — NUCLEAR SHIPS \r\n             CHAPTER 34. — NUCLEAR SHIPS \r\n \r\n461.  Application of Ordinance to nuclear ships \r\n \r\n \r\nPage 22 of 233 \r\n \r\n462.  Nuclear passenger ship safety certificates and nuclear cargo ship safety certificates \r\n \r\n463.  Prohibition of proceeding to sea without certificates \r\n \r\n464.  Safety assessment and operating manual \r\n \r\n465.  Foreign nuclear ships to give advance notice of arrival \r\n \r\n466.  Control on arrival of nuclear ship \r\n \r\n467.  Notice of accidents to nuclear ships \r\n \r\n468.  Application of certain section to or in relation to certain certificates under \r\n section 462 \r\n \r\n469.  Power to make rules \r\n \r\nPART XI. —INQUIRIES AND INVESTIGATIONS \r\nCHAPTER 35. —SHIPPING CASUALTIES \r\n \r\n470.  Shipping casualties and report thereof \r\n \r\n471.  Preliminary inquiry into shipping casualties \r\n \r\n472.  Application to Court for a formal inquiry \r\n \r\n473.  Power of Court to inquire into charges against masters, mates and engineers \r\n \r\n474.  Person accused to be heard \r\n \r\n475.  Powers of Courts as to evidence and regulation of proceedings \r\n \r\n476.  Assessors \r\n \r\n477.  Power to arrest witnesses and enter ships, etc. \r\n \r\n478. Power to commit for trial and bind over making the witnesses \r\n \r\n479.  Report by Court to Federal Government \r\n \r\n480.  Investigation into causes of explosion or fire on board ship, etc. \r\n \r\n481.  Power of  Federal Government to direct i nquiry into charges of  incompetency or \r\n misconduct \r\n \r\n482.  Provisions of this Chapter to apply to certain other vessels \r\n \r\n \r\n \r\n \r\n \r\nPage 23 of 233 \r\n \r\nCHAPTER 36. —MARITIME BOARDS \r\n \r\n483.  Convening of Maritime Boards outside Pakistan \r\n \r\n484.  Constitution and procedure of Maritime Board \r\n \r\n485.  Decisions of Maritime Boards to be by majority \r\n \r\n486.  Powers of Maritime Boards \r\n \r\n487.  Penalty for obstructing proceedings before Maritime Boards \r\n \r\n488.  Application of Chapter \r\n \r\nCHAPTER 37. —CANCELLATION AND SUSPENSION OF CERTIFICATES \r\n \r\n489.  Power of  Federal Government to cancel, suspend, etc. C ertificates of master, mate or \r\n engineer \r\n \r\n490.  Delivery of cancelled or suspended certificates \r\n \r\n491.  Effect of cancellation or suspension of certificate \r\n \r\n492.  Suspended certificates not to be endorsed \r\n \r\n493.  Power of Federal Government to cancel or suspend other certificates \r\n \r\n494.  Re-hearing \r\n \r\n495.  Power of Federal Government to revoke cancellation, etc. \r\n \r\nCHAPTER 38. —COURTS OF SURVEY AND SCIENTIFIC REFEREES \r\n \r\n496.  Appeal to Court of Survey \r\n \r\n497.  Constitution of Court of Survey \r\n \r\n498.  Powers and procedure of Court of Survey \r\n \r\n499.  Power to make rules \r\n \r\n500.  Reference in difficult cases to scientific persons \r\n \r\nPART XII. —WRECK AND SALVAGE \r\nCHAPTER 39. —WRECK \r\n \r\n501.  Receivers of wreck \r\n \r\n502.  Duty of receiver where vessel is in distress \r\n \r\n \r\nPage 24 of 233 \r\n \r\n503.  Power of receiver in case of vessel in distress \r\n \r\n504.  Power to pass over adjoining lands and order removal of the wreck and penalties for \r\n non-compliance \r\n \r\n505.  Power of receiver to suppress plunder and disorder by force \r\n \r\n506.  Procedure to be observed by persons finding wreck \r\n \r\n507.  Investigation of certain matters in respect of vessels wrecked \r\n \r\n508.  Penalty for taking wreck at time of casualty \r\n \r\n509.  Taking wreck to foreign port \r\n \r\n510.  Notice to be given by receiver \r\n \r\n511.  Wrecks may in certain cases be sold \r\n \r\n512.  Proceeds how applied \r\n \r\n513.  Removal of wreck by harbour or conservancy authority \r\n \r\n514.  Claims of owners to wrecks \r\n \r\n515.  Interfering with wrecked vessel or wreck \r\n \r\n516.  Search warrants where wreck is concealed \r\n \r\n517.  Right of Federal Government to unclaimed wreck \r\n \r\n518.  Notice of unclaimed wreck to be given to persons entitled \r\n \r\n519.  Disposal of unclaimed wreck \r\n \r\n520.  Disputed title to unclaimed wreck \r\n \r\n521.  Delivery of unclaimed wreck by receivers not to prejudice title \r\n \r\n522.  Duty to report wreck \r\n \r\n523.  Liability for damage to waterways or related water areas structure \r\n \r\n524.  Liability for reasonable costs \r\n \r\n525.  Unseaworthy ships brought to Pakistani water without prior permission \r\n \r\nCHAPTER 40. —SALVAGE \r\n \r\n526.  Salvage payable for saving life, cargo or wreck \r\n \r\nPage 25 of 233 \r\n \r\n527.  Savings \r\n \r\n528.  Instructions to prevent harmful consequences \r\n \r\n529.  Measures to prevent harmful consequences \r\n \r\n530.  Proportionality of instructions and measures \r\n \r\n531.  Consultation \r\n \r\n532.  Duty to co-operate \r\n \r\n533.  Power to make rules respecting wreck and salvage \r\n \r\nPART XIII. —LIABILITY OF SHIPOWNERS \r\nCHAPTER 41. —LIMITATION OF LIABILITY OF SHIPOWNERS \r\n \r\n534.  Scope \r\n \r\n535.  Persons entitled to limit liability \r\n \r\n536.  Claims subject to limitation \r\n \r\n537.  Claims excepted from limitation \r\n \r\n538.  Conduct barring limitation \r\n \r\n539.  Counter-claims \r\n \r\n540.  Applications of the limits \r\n \r\n541.  General limits of liability \r\n \r\n542.  Limit for passenger claims \r\n \r\n543.  Unit of account \r\n \r\n544.  Aggregation of claims \r\n \r\n545.  Limitation of fund and consolidation of claims against owners \r\n \r\n546.  Release of ships, etc. \r\n \r\n547.  Application to ships in course of completion or construction, etc. \r\n \r\n548.  Power to make rules \r\n \r\nCHAPTER 42. —LIENS FOR WAGES \r\n \r\n549.  Seamen's lien for wages, etc. \r\n \r\nPage 26 of 233 \r\n \r\n \r\n550.  Master's lien \r\n \r\n551.  Priorities \r\nPART XIV \r\nCHAPTER 43. —PREVENTION OF POLLUTION FROM SHIPS \r\n \r\n552.  Definitions \r\n \r\n553.  International pollution prevention certificates \r\n \r\n554.  Prevention of pollution by sewage and garbage from ships \r\n \r\n555.  Prohibition against oil pollution from ships \r\n \r\n556.  Prohibition against pollution due to discharge of noxious liquid substances from \r\n ships \r\n \r\n557.  Special Powers \r\n \r\n558.  Exceptions in cases of emergencies \r\n \r\n559.  Equipment in ships to prevent pollution \r\n \r\n560.  Oil record book \r\n \r\n561.  Cargo record book for chemical tankers \r\n \r\n562.  Inspection and control of ships with respect to prevention of pollution \r\n \r\n563.  Information regarding contravention of the provisions of the convention \r\n \r\n564.  Oil reception facilities at ports in Pakistan \r\n \r\n565.  Reception facilities for noxious liquid substances in Pakistan \r\n \r\n566.  Pollution from shipping casualties \r\n \r\n567.  Prohibition of dumping \r\n \r\n568.  Permits for dumping \r\n \r\n569.  Prohibition of loading without permit \r\n \r\n570.  Exemption \r\n \r\n571.  Issuance of special permit \r\n \r\n572.  Conditions to permits \r\n \r\n \r\nPage 27 of 233 \r\n \r\n573.  Recognition of foreign permits \r\n \r\n574.  Recovery and liability \r\n \r\n575.  Power to make rules \r\n \r\n \r\nPART XV. —PROCEDURAL AND MISCELLANEOUS \r\nCHAPTER 44. —PROCEDURE \r\n \r\n576.  Certain persons to be deemed public servant \r\n \r\n577.  Jurisdiction \r\n \r\n578.  Place of trial \r\n \r\n579.  Enforcement of penalties in certain cases \r\n \r\n580.  Special provision regarding punishment \r\n \r\n581.  Offences by companies \r\n \r\n582.  Depositions to be received in evidence when witnesses cannot be produced \r\n \r\n583.  Survey of ships alleged by seamen to be unseaworthy \r\n \r\n584.  Jurisdiction over ships laying off coasts \r\n \r\n585.  Jurisdiction in case of offences on board \r\n \r\n586.  Power to detain foreign ship that has occasioned damage \r\n \r\n587.  Enforcing detention of ship \r\n \r\n588.  Levy of wages, etc. by distress of moveable property \r\n \r\n589.  Levy of wages, fines etc. by sale of ship \r\n \r\n590.  Notice to be given to consular representative of proceedings taken in respect of foreign \r\n ship \r\n \r\n591.  Service of documents \r\n \r\n592.  Proof of attestation not required \r\n \r\n593.  Fines to compensate for damages \r\n \r\nCHAPTER 45. —MISCELLANEOUS \r\n \r\n594.  Shipping Development Fund \r\n \r\nPage 28 of 233 \r\n \r\n \r\n595.  Fees for establishing training institutions \r\n \r\n596.  Inquiry into cause of death on board Pakistani ship \r\n \r\n597.  Power to appoint examiners and to make rules as to qualifications of surveyors \r\n \r\n598.  No person to practise as surveyor unless qualified \r\n \r\n599.  Penalty for practising as surveyor without certificate \r\n \r\n600.  Powers of person appointed or authorised to survey ships \r\n \r\n601.  Decision of consular officer to be final until ship returns to the final port of discharge in\r\n Pakistan \r\n \r\n602.  Penalty for hindering or obstructing execution of duties, etc. \r\n \r\n603.  General power to make rules or regulations and penalty for breach thereof \r\n \r\n604.  Power to appoint officers to try certain offences, etc. \r\n \r\n605.  Power to exempt ships from the provisions of the Ordinance \r\n \r\n606.  Power to constitute committees to advise on rules, regulations and scales of fees \r\n \r\n607.  Protection of persons acting under Ordinance \r\n \r\n608.  Removal of difficulties \r\n \r\n609.  Power to make rules with respect to maritime international conventions \r\n \r\nPART XVI \r\nCHAPTER 46. —REPEALS AND SAVINGS \r\n \r\n610.  Repeals and savings \r\nTHE SCHEDULE \r\n \r\n \r\n \r\nPage 29 of 233 \r\n \r\nTHE PAKISTAN MERCHANT SHIPPING ORDINANCE, 2001 \r\n \r\nORDINANCE No. LII OF 2001 \r\n \r\n[3rd October,2001] \r\n \r\nAN \r\n ORDINANCE \r\n to consolidate and amend the law relating to merchant shipping \r\n \r\n WHEREAS it is expedient to consolidate and amend the law relating to merchant \r\nshipping and to provide for matters connected therewith and incidental thereto; \r\n \r\n AND WHEREAS the President is satisfied that circumstances exist which render it \r\nnecessary to take immediate action; \r\n \r\n NOW, THEREFORE, in pursuance of the Proclamation of Emergency of the fourteenth \r\nday of October, 1999 and the Provisional Constitution Order No.1 of 1999 read with the Provincial \r\nConstitution (Amendment) Order No.9 of 1999, and in exercise of all powers enabling him in that \r\nbehalf, the President of the Islamic Republic of Pakistan is pleased to make and promulgate the \r\nfollowing Ordinance:— \r\n \r\nPART I \r\nCHAPTER 1.—PRELIMINARY \r\n \r\n1. Short title, extent, application and commencement.—(1) This Ordinance may be \r\ncalled the Pakistan Merchant Shipping Ordinance, 2001. \r\n \r\n (2) It extends to the whole of Pakistan. \r\n \r\n (3) Save as otherwise expressly provided, this Ordinance shall apply to— \r\n \r\n(a)  all Pakistani ships wherever they may be; \r\n \r\n(b)  all ships deemed to be registered under this Ordinance wherever they may be; \r\n and \r\n \r\n(c)  all other ships while in a port or place in, or within the territorial waters or \r\nwithin the exclusive economic zone specified in section 6 of the Territorial \r\nWaters and Maritime Zones Act, 1976 (LXXXII of 1976) : \r\n \r\n Provided that the provisions of this Ordinance shall not apply to— \r\n \r\n(i)  any ship, commissioned for service, in the Pakistan Navy or, while employed \r\notherwise than for commercial use in the service of Government, any other \r\nship belonging to Government; or \r\n \r\n(ii)  any ship belonging to any foreign State while employed otherwise than for \r\ncommercial use in the service of such State. \r\n \r\n \r\nPage 30 of 233 \r\n \r\n (4) It shall come into force at once. \r\n \r\n2. Definitions.—In this Ordinance, unless there is anything repugnant in the subject or \r\ncontext,— \r\n \r\n    (1) “apprentice” means a person appointed for training to the sea service under this    \r\nOrdinance, whether called an apprentice or a cadet, or by any other name whatever; \r\n \r\n    (2) “bareboat or demise charter” means the hiring of a ship for a period where the charter \r\nappoints ship's master and crew and pay all running expenses of a ship and has a right to \r\nhave the vessel registered in his name; \r\n \r\n(3) “cargo ship” means a ship which is not a passenger ship; \r\n \r\n (4) “coasts” includes coasts of creeks and tidal waters; \r\n \r\n                 (5) “coasting ship” means a ship which is exclusively employed in trading coast-wise within \r\nPorts or places in Pakistan or any marine areas specified in the Pakistan Territorial \r\nWaters and Maritime Zones Act, 1976 (LXXXII of 1976), or any other law for the time \r\nbeing in force and between such ports or places, as the Federal Government, may, from \r\ntime to time, notify; \r\n \r\n     (6) “coasting trade” means the carriage by sea of passengers or goods between ports or \r\nplaces in areas specified in clause (5); \r\n \r\n (7) “collision regulations” means the regulations made under section 411; \r\n \r\n     (8) “company” means a company as defined in clause (7) of sub-section (1 ) of section 2 of \r\nthe Companies Ordinance, 1984 (XLVII of 1984), and includes— \r\n \r\n(a)  a body corporate constituted or established by or under any Pakistan law; \r\nand \r\n \r\n(b)  any partnership or association of persons, whether incorporated or not;  \r\n \r\n(9) “Customs collector” means any of the officers of Customs appointed under section 3 \r\nof the Customs Act, 1969 (IV of 1969), and for the time being in separate charge of a \r\ncustoms port as defined in section 2 thereof; \r\n \r\n     (10) “distressed seaman” means a seaman engaged under this Ordinance who, by reason of \r\nhaving not being properly discharged or left behind from or ship- wrecked in any ship at \r\nany port or place outside port of engagement in Pakistan, is in distress there; \r\n \r\n (11) “effects”, in relation to a seaman, includes clothes and documents; \r\n \r\n     (12) “equipment”, in relation to a ship, includes boats, tackle, pumps, apparel, furniture, life \r\nsaving appliances, of every description, spars, masts, rigging and sails, fog signals, \r\nlights, shapes and signals of distress, medicines and medical and surgical stores and \r\nappliances, charts, radio installations, appliances for preventing detecting or \r\nextinguishing fires, buckets, compasses, axes, lanterns, loading and discharging gears \r\n \r\nPage 31 of 233 \r\n \r\nand appliances of all kinds, and all other stores or articles belonging to or to be used in \r\nconnection with or necessary for the navigation and safety of the ship and pollution \r\nprevention; \r\n \r\n     (13) “fishing vessel” means vessel used commercially for catching fish, whales, seals, \r\nwalrus or other living resources of the sea; \r\n \r\n     (14) “foreign-going ship” means a ship, not being a coasting ship or a home-trade ship, \r\nemployed in trading between any port or place in Pakistan and any other port or place or \r\nbetween ports or places outside Pakistan; \r\n \r\n     (15) “free board” means, in the case of any ship which is marked with a deck line, the \r\nheight from the water to the upper edge of the deck line, and, in the case of any other \r\nship, the height amidships from the water to the upper edge of the deck from which the \r\ndepth of hold as stated in the register is measured; \r\n \r\n    (16) “gross”, in relation to tonnage of vessel, means the gross tonnage of the vessel as \r\nregistered under this Ordinance; \r\n \r\n    (17) “High Court”, in relation to a vessel means the High Court within the limits of whose \r\nappellate jurisdiction— \r\n \r\n(a)  the port of registry of the vessel is situated; \r\n \r\n(b)  the vessel is for the time being; or \r\n \r\n(c)  the cause of action wholly or in part arises; \r\n \r\n    (18) “home-trade ship” or “home-trade passenger ship” means ship employed in trading \r\nbetween ports and places in Pakistan or between any port and place in Pakistan to or \r\nfrom an area within the extremities not exceeding five hundred nautical miles from a \r\npoint on the Pakistani coast and including Gulf of Oman not beyond Ras-ul-Hadd and \r\nports or places in the Gulf; \r\n \r\n   (19) “Load Line Convention” means the International Convention Load Lines 1966, as \r\namended from time to time; \r\n \r\n   (20) “Maritime Board” means a Board convened under section 481; \r\n \r\n               (21) “master” includes any person, other than a pilot appointed by the owner, having \r\ncommand or charge of any ship and includes the person who replaces him as master; \r\n \r\n   (22) “nakhuda” means the person in command or charge of a sailing vessel or modern  \r\ncrafts of primitive build; \r\n \r\n   (23) “net”, in relation to tonnage of a vessel, means the net tonnage of the vessel as registered \r\nunder this Ordinance; \r\n \r\n          (24) “nuclear ship” means a ship provided with a nuclear power plant; \r\n \r\n \r\nPage 32 of 233 \r\n \r\n (25) “owner” means— \r\n \r\n(a)  in relation to a registered ship, the person or persons and companies who are \r\nfor the time being shown as owners in the Register Book maintained under \r\nthis Ordinance; \r\n \r\n(b)  in relation to any other ship, the persons and companies to whom the ship or a \r\nshare in the ship belongs; \r\n \r\n(c)  in relation to a sailing vessel or a fishing vessel, the persons or companies to \r\nwhom the vessel belongs; and \r\n \r\n(d)  in relation to any ship, in addition to the person who owns the ship, includes \r\nalso the bareboat charterer and any other person who operates the ship and to \r\nwhom the owners responsibilities have been formally assigned; \r\n \r\n             (26) “Pakistan consular officer” means a consul-general, consul, vice-consul, pro-consul or \r\nconsular agents appointed as such by the Federal Government and includes— \r\n \r\n(a)  any person authorised by the Federal Government to perform the functions of \r\nany of them; and \r\n \r\n(b)  a seamen's Welfare Officer performing the functions of a Pakistan \r\nConsular Officer under Part IV; \r\n \r\n (27) “Pakistani ship” means a ship registered as such under this Ordinance; \r\n \r\n (28) “passenger” means any person carried on board a ship except— \r\n \r\n(a)  a person employed or engaged in any capacity on board the ship on the \r\nbusiness of the ship; \r\n \r\n(b)  a person on board the ship either in pursuance of the obligation laid upon the \r\nmaster to carry shipwrecked, distressed or other persons, or by reason of any \r\ncircumstance which neither the master nor the charterer, if any, could have \r\nprevented or forestalled; or \r\n \r\n(c)  a child under one year of age; \r\n \r\n (29) “passenger ship” means a ship carrying more than twelve passengers; \r\n \r\n     (30) “pilgrim” means a person going to or returning from the Kingdom of Saudi Arabia for \r\nor after performing Hajj, and includes any such passenger who is returning without \r\nhaving actually landed in the Kingdom of Saudi Arabia; \r\n \r\n            (31) “pilgrim of the lowest class” means a pilgrim for whom no separate accommodation in \r\nany cabin, smoke-room or saloon is reserved; \r\n \r\n \r\nPage 33 of 233 \r\n \r\n      (32) “pilgrim ship” means a special trade passenger ship carrying or about to carry pilgrims \r\nfrom or to any port or place in Pakistan to or from any port or place in the Red Sea or \r\nany port declared as such by the Federal Government; \r\n \r\n        Provided that no ship carrying passengers other than pilgrims of the lowest class and \r\nhaving on board pilgrims of the lowest class in a less proportion than one pilgrim for \r\nevery one hundred tonnes of the gross tonnage of the ship shall be deemed to be a \r\npilgrim ship within the meaning of this Ordinance; \r\n \r\n     (33) “port of registry”, in relation to a ship, a sailing vessel or a fishing vessel, means \r\nthe port at which she is registered or is to be registered; \r\n \r\n (34) “prescribed” means prescribed by rules made under this Ordinance; \r\n \r\n   (35) “proper return port”, in relation to a master, seaman or apprentice discharged of left \r\nbehind, means the port at which the master, seaman or apprentice was engaged or the \r\nport agreed to as such by the master, seaman or apprentice, as the case may be; \r\n \r\n (36) “radio installation” means radio equipment, as prescribed; \r\n \r\n            (37) “ratification” means the act of acceptance of international Convention or instruments \r\nrelating to merchant shipping including but not limited to safety of life at sea, \r\nprotection of marine environment etc., and any amendments thereto by the Government \r\nof Pakistan and the depositing of instrument of ratification or accession to such \r\nConvention with the international body concerned and the expression “ratified” shall be \r\nconstrued accordingly; \r\n \r\n (38) “sailing vessel” means any description of vessel which is— \r\n \r\n(a)  fitted exclusively with sails, or \r\n \r\n(b)  provided with sufficient sail area for navigation under sails alone and, if \r\nfitted with mechanical means of propulsion, such means are meant for \r\nauxiliary purposes only; \r\n \r\n   (39) “safety Convention” means any international safety Convention, treaty or agreement \r\nratified by Pakistan insofar as it relates to the safety of life at sea; \r\n \r\n (40) “safety convention certificate” means— \r\n \r\n(i)  a passenger ship safety certificate; \r\n \r\n(ii)  a special trade passenger ship safety certificate; \r\n \r\n(iii)  a special trade passenger ship space certificate; \r\n \r\n(iv)  a cargo ship safety construction certificate; \r\n \r\n(v)  a cargo ship safety equipment certificate; \r\n \r\n \r\nPage 34 of 233 \r\n \r\n(vi)  a cargo ship safety radio certificate; \r\n \r\n(vii)  an exemption certificate; \r\n \r\n(viii)  a nuclear passenger ship safety certificate; \r\n \r\n(ix)  a nuclear cargo ship safety certificate issued under Parts VI, X or, as the case \r\nmay be, Part XIV; \r\n \r\n(x)  any other certificates as may be prescribed; \r\n \r\n     (41) “surveyor' means a person appointed under section 4 and includes a nautical surveyor, \r\nship surveyor or an engineer surveyor; \r\n \r\n     (42) “salvage” means the rendering of assistance to ships in danger, to any things on \r\nboard  and to things floating, sunk or washed ashore; \r\n \r\n     (43) “salvor” means, in the case of salvage services rendered by the officers or crew or \r\npart of the crew of any ship belonging to the Federal Government, the person in \r\ncommand of that ship; \r\n \r\n           (44) “sea-going”, in relation to a vessel, means a vessel proceeding to sea beyond such limits \r\nas may be specified by the Federal Government by notification in the official Gazette; \r\n \r\n    (45) “Seaman” means a person employed or engaged, or to be employed or engaged, for \r\nservice in any capacity on board any ship, but does not include master, pilot or \r\napparentice; \r\n \r\n      (46) “second hand”, in relation to a fishing vessel, means the person next in authority to the \r\nskipper of the vessel; \r\n \r\n  (47) “ship” includes every description of vessel used in navigation not propelled by oars; \r\n \r\n    (48) “skipper” means the person in command of a fishing vessel or in charge of the \r\nnavigation of such vessel; \r\n \r\n    (49) “special trade” means the conveyance of large number of special trade passengers by \r\nsea on international voyages within the area specified under the Special Trade \r\nAgreement; \r\n \r\n    (50) “Special Trade Agreement” means the Special Trade Passenger Ships Agreement signed \r\nat London on the fourth day of October, 1971; \r\n \r\n           (51) “special trade passenger” means a passenger carried in special trades in spaces on the \r\nweather deck, upper deck, or between decks which accommodate more than eight \r\npassengers; \r\n \r\n      (52) “special trade passenger ship” means a mechanically propelled passenger ship carrying \r\nmore than fifty special trade passengers; \r\n \r\n \r\nPage 35 of 233 \r\n \r\n                 (53) “tidal water” means any part of the sea and any part of a river within the ebb and flow  \r\nof the tide at ordinary spring tides, but does not include a harbour; \r\n \r\n  (54) “valid international load line certificate” means a certificate purporting to have \r\nbeen issued in accordance with the Load Line Convention in respect of a ship, other \r\nthan a Pakistani ship, by the competent authority in the country in which the ship is \r\nregistered; \r\n \r\n   (55) “valid safety convention certificate” means a certificate purporting to have been \r\nissued in accordance with the Safety Convention in respect of a ship, not being a \r\nPakistani ship, by the competent authority in the country in which the ship is \r\nregistered; \r\n \r\n   (56) “vessel” includes a ship, boat, sailing vessel, fishing vessel and any other \r\ndescription of vessel used or intended to be used in navigation and includes \r\ndynamically supported craft, submersibles and fixed or floating platforms; \r\n \r\n    (57) “voyage”, in relation to a ship, means the whole distance between the ship's port or \r\nplace of departure and her final port or place of arrival; \r\n \r\n    (58)  wages” includes emoluments; \r\n \r\n    (59) “wreck” includes the following when found in the sea or in the tidal waters or on the \r\nshores thereof, namely:— \r\n \r\n(a)  goods which have been cast or fall into the sea and then sink and \r\nremain under water; \r\n \r\n(b)  goods which have been cast or fall into the sea and remain floating on the \r\nsurface; \r\n \r\n(c)  goods which are sunk in the sea, but are attached to a floating object in order \r\nthat they may be found again; \r\n \r\n(d)  goods which are thrown away or abandoned; and \r\n \r\n(e)  a vessel abandoned without hope or intention of recovery; and \r\n \r\n   (60) “young person” means a person under eighteen years of age. \r\n_________ \r\n \r\nCHAPTER 2.—MERCANTILE MARINE DEPARTMENT \r\n \r\n 3. Office of Mercantile Marine Department.—(1) The Federal Government may \r\nestablish and maintain an office of the Mercantile Marine Department at the port of Karachi and at \r\nsuch other port as may be deemed necessary. \r\n \r\n (2) The office of the Mercantile Marine Department at the port of Karachi shall be in the \r\ncharge of a Principal Officer and the office at any other port shall be in the charge of  such officer as \r\nthe Federal Government may appoint in this behalf. \r\n \r\nPage 36 of 233 \r\n \r\n \r\n (3) The Principal Officer may, in addition to any other functions, perform all or any of the \r\nfunctions of a surveyor under this Ordinance. \r\n \r\n (4) The Federal Government may appoint a Chief Nautical Surveyor and a Chief Engineer \r\nand Ship Surveyor to perform such duties under this Ordinance as may be assigned to them by the \r\nFederal Government and to supervise the performance of surveyors. \r\n \r\n 4. Surveyors.—(1) The Federal Government may, by notification in the official Gazette, \r\nappoint for each office established under section 3 as many persons, as it may think fit, possessing \r\nsuch qualifications as may be prescribed in this behalf, to be surveyors for the purposes of this \r\nOrdinance \r\n \r\n (2) The surveyor shall perform his functions under this Ordinance under the general \r\nsupervision and control of the Principal Officer. \r\n \r\n 5. Radio Inspectors.—(1) The Federal Government may, by notification in the official \r\nGazette, appoint as many Radio Inspectors as it may consider necessary for the purpose of securing \r\nthat the requirements of this Ordinance and the rules made thereunder relating to radio installation \r\nand radio service are complied with. \r\n \r\n (2) The radio inspector shall perform his function under this Ordinance under the general \r\nsupervision and control of the Principal Officer. \r\n_________ \r\n \r\nCHAPTER 3.—SHIPPING OFFICES \r\n \r\n 6. Shipping Offices.—(1) The Federal Government shall maintain a shipping office at every \r\nport in Pakistan where there was a shipping office immediately before the commencement of this \r\nOrdinance and may establish and maintain such office at any other port as it may deem necessary. \r\n \r\n (2) For every shipping office, the Federal Government shall appoint a Shipping Master and \r\nmay appoint such Deputy Shipping Masters as it may consider necessary possessing such \r\nqualifications as may be prescribed. \r\n \r\n (3) A Shipping Master and a Deputy Shipping Master shall, in the performance of their \r\nfunctions, be subject to the general supervision and control of the Federal Government or of such \r\nother authority as the Federal Government may, by general or special order, direct. \r\n \r\n (4) All acts done by or before a Deputy Shipping Master shall have the same effect, as if \r\ndone by or before a Shipping Master. \r\n \r\n 7. Conduct of business of shipping office at other office.—(1) The Federal Government \r\nmay direct that where at any port there is no shipping office established, the whole or any part of \r\nthe business of a Shippng Office shall be conducted at such office and be committed to such officer \r\nat that office as the Federal Government may specify; and thereupon such business shall be \r\nconducted accordingly. \r\n \r\n (2) For the purposes of this Ordinance, an office at which the business of a shipping office is \r\nconducted under sub section (1) shall be deemed to be a shipping office and the officer to whom \r\nsuch business is committed under that sub-section shall be deemed to be a Shipping Master. \r\n \r\nPage 37 of 233 \r\n \r\n \r\n 8. Duties of the Shipping Master.—The duties of a Shipping Master shall, in general in \r\nrespect of Pakistani ships, be— \r\n \r\n(a)  to superintend and afford facilities for engagement and discharge of' seamen in \r\nthe manner provided in this Ordinance and the rules made thereunder; \r\n \r\n(b)  to perform such other functions relating to seamen, apprentices and ships as \r\nare, by or under this Ordinance or by general or special order of the Federal \r\nGovernment, assigned to a Shipping Master. \r\n \r\n 9. Fees for engagement or discharge of seamen.—(1) In respect of all engagements and \r\ndischarges of seamen, the owner of a ship or master so engaging or discharging shall pay to the \r\nShipping Master such fee as the Federal Government may, by notification in the official \r\nGazette, fix; and the Shipping Master may decline to act in any case until such fee has been paid. \r\n \r\n (2) A copy of the scale of fees for the time being payable under sub-section (1) shall be \r\naffixed at some conspicuous place in the Shipping Office. \r\n \r\n 10. Seamen’s Welfare Officers.—(1) The Federal Government may appoint Seamen’s \r\nWelfare Officers at such ports or places in Pakistan as it may consider necessary. \r\n \r\n (2) A Seamen’s Welfare Officer appointed under sub-section (1) shall, under the general \r\nsupervision and control of the Federal Government or of such other authority as the Federal \r\nGovernment may, by general or special order, direct, perform at any port or place in Pakistan, such \r\nfunctions in relation to welfare of seaman as may be assigned to him by the Federal Government. \r\n_________ \r\n \r\nPART II \r\nREGISTRATION AND NATIONALITY \r\nCHAPTER 4.—REGISTRATION \r\n \r\n 11. Application.—This Chapter shall not apply to sailing vessels or fishing vessels nor to \r\nsuch ships registered under the Inland Mechanically Propelled Vessels Act, 1917 (I of 1917), as \r\nare not sea-going. \r\n \r\n 12. Restriction on acquisition of ship.—(1) No citizen of Pakistan, nor any company shall \r\nacquire any ship for registration under Pakistan flag unless qualified to do so under this Ordinance. \r\n \r\n (2) No Pakistani ship shall, except with prior permission in writing from the Federal \r\nGovernment be converted, modified or altered in such manner so as to change the character of the \r\nship. \r\n \r\n (3) Whoever contravenes or attempts to contravene the provisions of sub-section (1) or \r\nsub-section (2) shall be liable to a fine which may extend to one hundred thousand rupees and any \r\ntransaction made in contravention of any such provisions shall be void. \r\n \r\n13. Qualification for registration of Pakistani ships.—(I) For the purposes of this \r\nOrdinance, a ship may be registered as a Pakistani ship if it is owned by persons of the \r\nfollowing description, namely:— \r\n \r\n(a)  citizens of Pakistan by birth or by migration; \r\n \r\nPage 38 of 233 \r\n \r\n(b)  persons having acquired citizenship of Pakistan by registration under the \r\nPakistan Citizenship Act, 1951 (II of 1951); \r\n \r\n(c)  companies having their principal place of business in Pakistan and which \r\nconduct operation and management of the ship from Pakistan; or \r\n \r\n(d)  any individual or company permitted by Federal Government. \r\n \r\n (2) A ship on bareboat or demise charter for a period of not less than six months may be \r\nregistered as a Pakistani ship in the name of a persons provided that such a person falls under any of \r\nthe description given in clauses (a) to (d) of sub-section (1) and subject to condition as may be \r\nprescribed. \r\n \r\n (3) A bareboat charter registry may be kept suspended for a period of charter, where \r\nPakistani ships are bareboat chartered out to a person other than Pakistani Nationals on conditions as \r\nprescribed. \r\n \r\n (4) Citizens of Pakistan by birth or by migration or Companies have their principal place of \r\nbusiness in Pakistan which are conducting operation and management of ships from Pakistan or any \r\nother individual Company permitted by Federal Government, may obtain Second Registry of ships \r\nor other crafts registered abroad in their names provided that this Registry shall be for such period as \r\nthe Government may prescribe. \r\n \r\n 14. Obligation to register ships.—(1) Ships owned by citizens of Pakistan and \r\ncompanies shall be registered under this Ordinance. \r\n \r\n (2) A ship required by this Ordinance to be registered may be detained until the  \r\nmaster of the ship, if so required, produces the certificate of registry in respect of the ship. \r\n \r\n 15. Exemption from registry.—The following ships shall be exempted from registry under \r\nthis Ordinance, namely :— \r\n \r\n(a)  Ships not exceeding fifteen tonnes net registered tonnage employed solely in \r\nnavigation on the rivers or coasts of Pakistan within which the managing \r\nowners of the ships are resident; \r\n \r\n(b)  Ships not exceeding thirty tonnes net registered tonnage and not having a \r\nwhole or fixed deck, and employed solely in fishing or trading coastwise on \r\nthe shores of Pakistan; and \r\n \r\n(c)  Ships belonging to Government of Pakistan except where expressly provided \r\nby notification in official Gazette. \r\n \r\n 16. Registrars of Pakistani ships and ports of registry.—(1) The following persons shall \r\nbe registrars of Pakistani ships— \r\n \r\n(a)  at the port of Karachi and Port Muhammad Bin Qasim, the Principal Officer \r\nof the Mercantile Marine Department, Karachi, or a person duly authorised \r\nby the Federal Government; and \r\n \r\n(b)  at any other port, such authority as the Federal Government may, by \r\nnotification in the official Gazette, appoint to be the registrar of ships. \r\n \r\nPage 39 of 233 \r\n \r\n \r\n (2) A registrar shall not be liable to damages or otherwise for any loss accruing to any person \r\nby reason of his any act or default in his capacity of registrar unless the same has happened through \r\nhis neglect or wilful act. \r\n \r\n (3) The ports of Karachi, Muhammad Bin Qasim and such other ports in Pakistan as the \r\nFederal Government may, by notification in Official Gezette, specify in this behalf, shall be the, \r\nports of registry at which Pakistani ships may be registered under this Ordinance. \r\n \r\n 17. Provisions for entries in register book.–– Every registrar of Pakistani ships shall keep a \r\nbook to be called the register book and entries in that book shall be made in accordance with the \r\nfollowing provisions, namely:— \r\n \r\n(a)  The property in a ship shall be divided into sixty-four shares; \r\n \r\n(b)  subject to the provisions of this Ordinance with respect to joint owners or  \r\nowners by transmission, not more than sixty-four individuals shall be entitled \r\nto be registered at the same time as owners of any one ship; but this rule shall \r\nnot affect the beneficial title or any number of persons or of any company \r\nrepresented by or claiming under or through any registered owner or joint \r\nowner; \r\n \r\n(c)  a person shall not be entitled to be registered as owner of a fractional part of a \r\nsaher in a ship; but any number of persons not exceeding five may be \r\nregistered as joint owners of a ship or of any shares therein; \r\n \r\n(d)  joint owners shall be considered as constituting one person only as regards the \r\npersons entitled to be registered, and shall not be entitled to dispose in \r\nseverely of any interest in a ship or in any share therein in respect of which \r\nthey are registered; and \r\n \r\n(e)  a company may be registered as owner by its name. \r\n \r\n 18. Measurement of ships.––Every Pakistani ship shall before registry have her tonnage \r\nascertained in the prescribed manner. \r\n \r\n 19. Marking of ships.––Every Pakistani ship shall before registry be marked permanently \r\nand conspicuously in the prescribed manner. \r\n \r\n 20. Entry of particulars in register book.––As soon as the requirements of this Ordinance, \r\npreliminary to registry, have been complied with the registrar shall enter in the register book, the \r\nfollowing particulars respecting the ship namely: — \r\n \r\n(a)  the name of the ship and the previous name and registry, if any, and the name \r\nof the port to which she belongs; \r\n \r\n(b)  the details comprised in the surveyor's certificate; \r\n \r\n(c)  the particulars respecting her origin stated in the declaration of ownership; \r\n \r\n \r\nPage 40 of 233 \r\n \r\n(d)  the name and description of his registered owner or owner, and if there are \r\nmore owners than one, the proportions in which they are interested in her; and \r\n \r\n(e)  international call sign of the ship, if assigned. \r\n \r\n 21. Port of Registry.––The port at which a Pakistani ship is registered for the time \r\nbeing shall be deemed her port of registry and the port to which she belongs. \r\n \r\n 22. Certificate of Registry.––On completion of the registry of a Pakistani ship, the registrar \r\nshall grant a certificate of registry containing the particulars respecting her entered in the register \r\nbook with the name of her master. \r\n \r\n 23. Custody and use of certificate.—(1) The certificate of registry shall be used only for \r\nthe lawful navigation of the ship, and shall not be subject to detention by reason of any title, lien, \r\ncharge, or interest whatever had or claimed by any owner, mortgagees, or other person to, on, or in \r\nthe ship. \r\n \r\n (2) No person, whether interested in the ship or not, who has in his possession or under \r\nhis control the certificate of registry of a ship shall refuse or omit, without reasonable cause, to \r\ndeliver such certificate on demand to the person entitled to the custody thereof for the purposes of \r\nthe lawful navigation of the ship, or to any registrar, officer of customs, or other person entitled by \r\nlaw to require such delivery. \r\n \r\n (3) Any judge or any court, taking cognizance of the matter, may, by order, summon the \r\nperson so refusing or omitting to deliver the certificate to appear before such judge or court, and to \r\nbe examined touching such refusal, and unless it is proved to the satisfaction of such Judge or court \r\nthat there was reasonable cause for such refusal, the offender shall be liable to a fine which may \r\nextend to one hundred thousand rupees, but if it is shown to such judge or court that the certificate is \r\nlost, the person summoned shall be discharged, and the judge or court shall certify that the certificate \r\nof registry is lost. \r\n \r\n (4) If the person so refusing is proved to have absconded so that the order of a judge or \r\nprocess of a court cannot be served on him, or if he persists in not delivering up the certificate, the \r\nJudge or court shall certify the fact, and the same proceeding may then be taken as in the case of \r\na certificate mislaid, lost, or destroyed, or as near thereto as circumstances permit. \r\n \r\n 24. Penalty for use of improper certificate.––If the master or owner of a Pakistani ship \r\nuses or attempts to use for her navigation a certificate of registry not legally granted in respect of the \r\nship, he shall be liable to a fine which may extend to one hundred thousand rupees and the ship shall \r\nbe liable to forfeiture. \r\n \r\n 25. Power to grant duplicate certificate.––The registrar of the port of registry of a Pakistani \r\nship may, on the delivery up to him of the defaced or multilated certificate of registry of a \r\nship, grant a duplicate certificate in lieu thereof. \r\n \r\n 26. Provision for loss of certificate.—(1) In the event of the certificate of registry of a \r\nPakistani ship being mislaid, lost or destroyed, the registrar of her port of registry shall grant a \r\nduplicate certificate of registry in lieu of her original certificate. \r\n \r\n (2) If the port, having a Pakistani registrar or consular officer, at which the ship is at the time \r\nof the event referred to in sub section (1) or first arrives after the event— \r\n \r\nPage 41 of 233 \r\n \r\n \r\n(a)  is outside Pakistan, where the ship is registered in Pakistan; or \r\n \r\n(b)  where the ship is registered at a port of registry under this Ordinance, is not \r\nthat port; then the master of the ship, or some other person having knowledge \r\nof the facts of the case, shall make a declaration stating the facts of the case, \r\nand the names and descriptions of the registered owners of such ship to the \r\nbest of the declarant’s knowledge and belief, and the registrar or consular \r\nofficer, as the case may be, shall thereupon grant a provisional certificate, \r\ncontaining a statement of the circumstances under which it is granted. \r\n (3) Such registrar of Consular officer shall forward a copy of the certificate at the first \r\nconvenient opportunity to the registrar of shipping, Mercantile Marine Department, Karachi, who \r\nupon receipt will issue a duplicate certificate of registry within thirty days of the receipt. The Master \r\nupon receipt of the duplicate certificate of registry, shall return the provisional certificate to the \r\nregistrar of the Consular officer. \r\n \r\n 27. Endorsement of change of master on certificate.––Where the master of a Pakistani ship \r\nis changed, the registrar, or if there is none the Pakistan consular officer, at the port where the \r\nchange occurs, shall endorse and sign on the certificate of registry a memorandum of the change, \r\nand shall forthwith report the change to the Registrar of Shipping, Mercantile Marine Department, \r\nKarachi, and any officer of customs at any port in Pakistan may refuse to permit any person to do \r\nany act there as master of a Pakistani ship unless his name is inserted in or endorsed on her \r\ncertificate of registry as her last appointed master. \r\n \r\n 28. Endorsement of change of ownership.—(1) Whenever a change occurs in the \r\nregistered ownership of a ship, the change of ownership shall be endorsed on her certificate of \r\nregistry either by the registrar of the ship’s port of registry or by the registrar of any port at which \r\nthe ship arrives who has been advised of the change by the registrar of the ship’s port of registry. \r\n \r\n (2) The master shall, for the purpose of such endorsement by the registrar of the ship’s port of \r\nregistrar of the ship’s port of registry, deliver the certificate of registry to the registrar, forthwith \r\nafter the change if the change occurs when the ship is at her port of registry, and if it occurs during \r\nher absence from that port and the endorsement under this section is not made before her return, then \r\nupon her first return to that port. \r\n \r\n (3) The registrar of any port, not being the ship’s port of registry, who require to make an \r\nendorsement under this section may for that purpose require the master of the ship to deliver to him \r\nthe ship’s certificate of registry so that the ship may not thereby detained and the master shall deliver \r\nthe same accordingly. \r\n \r\n (4) If the master fails to deliver to the registrar the certificate of registry required by this \r\nsection he shall, for each offence, be liable to a fine which may extend to ten thousand rupees. \r\n \r\n 29. Provisional certificate for ships becoming Pakistani owned abroad.––If at a port \r\noutside Pakistan, and not being a port of registry established under this Ordinance, a ship becomes \r\nthe property of persons qualified to own a Pakistani ship, the Pakistan consular officer there may \r\ngrant to her master, on his application, a provisional certificate, stating— \r\n \r\n(a)  the name of the ship; \r\n \r\n \r\nPage 42 of 233 \r\n \r\n(b)  the time and place of her purchase and the names of her purchasers; \r\n \r\n(c) the name of her master; and \r\n \r\n(d)  the particulars respecting her tonnage, build and description which he is able \r\nto obtain,  \r\n \r\nand shall forward a copy of the certificate at the first convenient opportunity to the Registrar of \r\nShipping, Mercantile Marine Department, Karachi, who upon receipt will issue a certificate of \r\nregistry. \r\n \r\n 30. Temporary passes in lieu of certificates of registry.––Where it appears to the Federal \r\nGovernment that by reason of special circumstances it would be desirable that permission should be \r\ngranted to any Pakistani ship to pass, without being previously registered, from one port in Pakistan \r\nto any other port in Pakistan, the Federal Government may grant a pass accordingly, and that pass \r\nshall, for the time and within the limits therein mentioned, have the same effect as a certificate of \r\nregistry. \r\n \r\n 31. Transfer of ships or shares.—(1) A registered ship or a share therein, when \r\ndisposed of to any person shall be transferred by bill of sale. \r\n \r\n (2) The bill of sale shall contain such description of the ship as is contained in the surveyor’s \r\ncertificate or some other description sufficient to identify the ship to the satisfaction of the registrar \r\nand shall be executed by the transferor in the presence of and the attested by at least two witnesses. \r\n \r\n 32. Declaration of transfer.––Where a registered ship, or a share therein, is transferred the \r\ntransferee shall not be entitled to be registered as owner thereof until he or, in the case of a \r\ncompany, the person authorized by this Ordinance to make declarations on behalf of the company, \r\nhas made and signed a declaration, in this Ordinance called a declaration of transfer, referring to \r\nthe ship, and containing–– \r\n \r\n(a)  a statement of the qualification of the transferee to own a Pakistani ship, or if \r\nthe transferee is a company of such circumstances of the constitution and \r\nbusiness thereof as prove it to be qualified to own a Pakistani ship; and \r\n \r\n(b)  a declaration that, to the best of his knowledge and belief, no unqualified \r\nperson or body of persons is entitled as owner to any legal or beneficial \r\ninterest in the ship or any share therein. \r\n \r\n 33. Registry of transfer.—(1) Every bill of sale for the transfer of a registered ship, or of a \r\nshare therein, when duly executed, shall be produced to the registrar or her port of registry with the \r\ndeclaration of transfer and the registrar shall thereupon enter in the register book the name of the \r\ntransferee as owner of the ship or share, as the case may be, and shall endorse on the bill of sale the \r\nfact of that entry having been made with the day and hour thereof. \r\n \r\n (2) Bills of sale of a ship, or of a share therein, shall be entered in the register book in the \r\norder of their production to the registrar. \r\n \r\n 34. Transmission of property in ship on death, bankruptcy, marriage, etc.—(1) Where \r\nthe property in a registered ship, or share therein, is transmitted to a person qualified to own a \r\n \r\nPage 43 of 233 \r\n \r\nPakistani ship on the marriage, death, or bankruptcy of any registered owner, or by any lawful \r\nmeans other than by a transfer under this Ordinance–– \r\n \r\n(a)  that person shall authenticate the transmission by making and signing a \r\ndeclaration, in this Ordinance called a declaration of transmission, identifying \r\nthe ship and containing statements required to be contained in a declaration of \r\ntransfer, or as near thereto as circumstances admit, and also a statement of the \r\nmanner in which and the person to whom the property has been transmitted. \r\n \r\n(b)  if the transmission takes place by virtue of marriage, the declaration shall be \r\naccompanied by a copy of the register of the marriage or other legal evidence \r\nof celebration thereof, and shall declare the identity of the female owner; \r\n \r\n(c)  if the transmission is consequent on bankruptcy, the declaration of \r\ntransmission shall be accompanied by proof of such claim; or \r\n \r\n(d)  if the transmission is consequent on death, the declaration of transmission \r\nshall be accompanied by a succession certificate, probate or letters of \r\nadministration under the Succession Act, 1925 (XXXIX of 1925), or a duly \r\ncertified copy thereof. \r\n \r\n (2) The registrar, on receipt of the declaration of transmission so accompanied, shall enter in \r\nthe register book the name of the person entitled under the transmission as owner of the ship or \r\nshare the property in which has been transmitted, and, where there are more persons than one, \r\nshall enter the names of all those persons, but those persons, however numerous, shall, for the \r\npurpose of the provision of this Ordinance with respect to the number of persons entitled to be \r\nregistered as owners, be considered as one person. \r\n \r\n 35. Order for sale on transmission to unqualified person.—(1) Where the property in a \r\nregistered ship, or share therein, is transmitted on marriage, death, bankruptcy or otherwise to a \r\nperson not qualified to own a Pakistani ship, then— \r\n \r\n(a)  if the ship is registered in Pakistan the High Court; or \r\n \r\n(b)  if the ship is registered in a port of registry established by this Ordinance, the \r\nprincipal civil court having jurisdiction, \r\n \r\nmay on application by or on behalf of the unqualified person, order a sale of the property so \r\ntransmitted and direct that the proceeds of the sale, after deducting the expenses thereof, be paid to \r\nthe person entitled under such transmission or otherwise as the Court may direct. \r\n \r\n (2) The court may require any evidence in support of the application it thinks necessary and \r\nmay make such order thereon and on such terms  and conditions it thinks just or may refuse to make \r\nthe order. \r\n \r\n (3) Every such application for sale must be made within four weeks after the occurrence of \r\nthe event on which the transmission has taken place or within such further time, not exceeding \r\none year from the date of the occurrence, as the court may allow. \r\n \r\n \r\nPage 44 of 233 \r\n \r\n (4) If such an application is not made within the time aforesaid, or if the court refuses an \r\norder for sale, the ship or share transmitted shall thereupon be subject of forfeiture under this \r\nOrdinance. \r\n \r\n 36. Transfer of ship on sale by order of court.––Where any court, whether under the \r\npreceding sections or otherwise, orders the sale of any ship or share therein, the order of the court \r\nshall contain a declaration vesting in some person named by the court the right to transfer that ship \r\nor share, and that person shall thereupon be entitled to transfer the ship or share in the same manner \r\nand to the same extent as if he were the registered owner thereof; and every registrar shall obey the \r\nrequisition of the person so named in respect of any transfer to the same extent as if such person \r\nwere the registered owner. \r\n \r\n 37. Power of court to prohibit transfer.––Where the ship is registered in Pakistan the High \r\nCourt and in the case of a port of registry established outside Pakistan under this Ordinance, \r\nthe principal Civil Court having jurisdiction, may if it thinks fit, without prejudice to the exercise of \r\nany other power, on the application of any interested person make an order prohibiting for a time \r\nspecified any dealing with a ship or any share therein and the court may make the order thereon \r\non such terms or conditions it thinks just, or may refuse to make the order, or may discharge the \r\norder when made, with or without costs and every registrar, without being made a party to the \r\nproceeding, shall on being served with the order obey the same. \r\n \r\n 38. Mortgage of ship or share.—(1) A registered ship or a share therein may be made a \r\nsecurity for a loan or other valuable consideration and upon production of instrument creating the \r\nsecurity (in this Ordinance called a mortgage), the registrar of the ship’s port of registry shall record \r\nit in the register book. The instrument creating the security shall have a summary attached in the \r\nprescribed form to be recorded by the registrar. \r\n \r\n (2) Mortgages shall be recorded by the registrar in the order in time in which they are \r\nproduced to him for that purpose, and the registrar shall by memorandum under his hand notify on \r\neach mortgage that it has been recorded by him stating the day and hour of that record. \r\n \r\n 39. Entry of discharge of mortgage.––Where a registered mortgage is discharged, the \r\nregistrar shall, on the production of the mortgage deed, with a receipt for the mortgage money \r\nendorsed thereon, duly signed and attested, make an entry in the register book to the effect that \r\nthe mortgage has been discharged, and on that entry being made the estate if any, which passed to \r\nthe mortgagee shall vest in the person in whom (having regard to intervening acts and circumstances, \r\nif any), it would have vested, if the mortgage had not been made. \r\n \r\n 40. Priority of mortgage.––If there are more mortgages than one registered in respect of \r\nthe same ship or share, the mortgagees shall, notwithstanding any express, implied, or constructive \r\nnotice, have priority according to the date at which each mortgage is recorded in the register book \r\nand not according to the date of each mortgage itself. \r\n \r\n 41. Mortgagees not treated as owner.––Except as far as may be necessary for making a \r\nmortgaged ship or share available as a security for the mortgage debt, the mortgagee shall not, by \r\nreason of the mortgage, be deemed the owner of the ship or share nor shall the mortgagor be deemed \r\nto have ceased to be the owner thereof. \r\n \r\n 42. Mortgagee to have power of sale.––Every registered mortgagee shall have power if \r\nthe mortgage money or any part of it is due or if there is any material breach of the security \r\n \r\nPage 45 of 233 \r\n \r\ninstrument by mortgagor to sell the ship or share in respect of which he is registered, and to give \r\neffectual receipts for the purchase money; but where there are more persons than one registered as \r\nmortgagees of the same ship or share, a subsequent mortgagee shall not, except under the order of a \r\ncourt of competent jurisdiction, sell the ship or share without the concurrence of every prior \r\nmortgagee. \r\n \r\n 43. Mortgage not affected by bankruptcy.––A registered mortgage of a ship or share shall \r\nnot be affected by any act of bankruptcy committed by the mortgagor after the date of the record \r\nof the mortgage notwithstanding that the mortgagor at the commencement of his bankruptcy had the \r\nship or share in his possession, order, or disposition, or was the reputed owner thereof, and the \r\nmortgage shall be preferred to any right, claim, or interest therein of the other creditors of the \r\nbankrupt or any trustee or assignee on their behalf. \r\n \r\n 44. Transfer of mortgages.––A registered mortgage of a ship or share may be transferred to \r\nany person and the instrument effecting the transfer shall be in the prescribed form or as near thereto \r\nas circumstances permit, and on the production of such instrument the registrar shall record it by \r\nentering in the register book the name of the transferee as mortgagee of the ship or share, and \r\nshall by memorandum under his hand notify on the instrument of transfer that it has been recorded \r\nby him stating the day and hour of the record. \r\n \r\n 45. Transmission of interest in mortgage by death, bankruptcy or marriage, etc.—\r\n(1) Where the interest of a mortgagee in a ship or share is transmitted on marriage, death, or \r\nbankruptcy, or by any lawful means, other than by a transfer under this Ordinance, the transmission \r\nshall be authenticated by a declaration of the person to whom the interest is transmitted, containing a \r\nstatement of the manner in which and the person to whom the property has been transmitted, and \r\nshall be accompanied by the like evidence as is by this Ordinance required in case of a \r\ncorresponding transmission of the ownership of a ship or share. \r\n \r\n (2) The registrar, on the receipt of the declaration and the production of the evidence, shall \r\nenter the name of the person entitled under the transmission in the register book as mortgagee of the \r\nship or share. \r\n \r\n 46. Powers of mortgage and sale.––A registered owner, if desirous by way of mortgage or \r\nsale of the ship or share in respect which he is registered at any place out of the country in which the \r\nport of registry of the ship is situated, may apply to the registrar, and the registrar shall thereupon \r\nenable him to do so by granting a certificate of mortgage or a certificate of sale. \r\n \r\n 47. Requisites for certificates of mortgage and sale.––Before a certificate of mortgage or \r\nsale is granted, the applicant shall state to the registrar, and the registrar shall enter in the register \r\nbook, the following particulars, namely:–– \r\n \r\n(a)  The name of the person by whom the power mentioned in the certificate is to \r\nbe exercised, and in the case of a mortgage the maximum amount of charge to \r\nbe created if it is intended to fix any such maximum; and in the case of a sale \r\nthe minimum price at which a sale is to be made if it is intended to fix any \r\nsuch minimum; \r\n \r\n(b)  the place where the power is to be exercised, or if no place is specified, a \r\ndeclaration that it may be exercised anywhere, subject to the provisions of this \r\nOrdinance; and \r\n \r\nPage 46 of 233 \r\n \r\n \r\n(c)  the limit of time within which the power may be exercised. \r\n \r\n 48. Restrictions on certificates of mortgage and sale.––A Certificate of mortgage or sale \r\nshall not be granted so as to authorise any mortgage or sale to be made and if the port of registry of \r\nthe ship is situated in Pakistan, at any place within Pakistan or if the port of registry is \r\nestablished outside Pakistan, by order under this Ordinance, at that port, or within such adjoining \r\narea as is specified in the order; or by any person not named in the certificate. \r\n \r\n 49. Power of the Federal Government in case of loss of certificate of mortgage or sale.–– \r\nOn proof at any time to the satisfaction of the Federal Government that a certificate of mortgage \r\nor sale is lost or destroyed, or so obliterated to be useless, and that the power thereby given \r\nhave never been exercised, or if they have been exercised, then on proof of the several matters and \r\nthings that have been done thereunder, the registrar may, with the sanction of the Federal \r\nGovernment either issue a new certificate, or direct such entries be made in the register books, or \r\nsuch other things be done as might have been made or done as if the loss, destruction, or obliteration \r\nhad not taken place. \r\n \r\n 50. Revocation of certificates of mortgage and sale.—(1) A registered owner of any ship \r\nor share therein in respect of which a certificate of mortgage or sale has been granted specifying the \r\nplaces where the power thereby given is to be exercised, may, by an instrument under his hand, \r\nauthorize the registrar by whom the certificate was granted to give notice to the registrar or Pakistan \r\nconsular officer at every such place that the certificate is revoked. \r\n \r\n (2) Notice shall thereupon be given accordingly and shall be recorded by the registrar or \r\nPakistan consular officer receiving it, and after it is recorded the certificate shall be deemed \r\nto be revoked and of no effect so far as respects any mortgage or sale to be thereafter made at that \r\nplace. \r\n \r\n (3) The notice, after it has been recorded, shall be exhibited to every person applying for the \r\npurpose of effecting or obtaining a mortgage or transfer under the certificate. \r\n \r\n (4) A registrar or Pakistan consular officer on recording any such notice shall state to the \r\nregistrar by whom the certificate was granted whether any previous exercise of the power to which \r\nsuch certificate refers has taken place. \r\n \r\n 51. Registry of alterations, registry anew and transfer of registry.—(1) When a \r\nregistered ship is so altered as not to correspond with the particulars relating to her tonnage or \r\ndescription contained in the register book, then, if the alteration is made at any port having a \r\nregistrar, that registrar, or if it is made elsewhere, the registrar of the first port having a registrar at \r\nwhich the ship arrives after the alteration, shall, on application being made to him and on receipt of a \r\ncertificate from the proper surveyor stating the particulars of the alteration, either cause the \r\nalteration to be registered or direct that the ship be registered a new. \r\n \r\n (2) On failure to register a new ship or to register an alteration of a ship so altered as \r\naforesaid, that ship shall be deemed not duly registered and shall not be recognised as a Pakistan \r\nship. \r\n \r\n 52. Provisional certificate and endorsement.—(1) Where any registrar not being the \r\nregistrar of the ship’s port of registry. On an application as to an alteration in a ship directs the \r\n \r\nPage 47 of 233 \r\n \r\nship to be registered anew, he shall either grant a provisional certificate, describing the ship as \r\naltered, or provisionally endorse the particulars of the alteration on the existing certificate. \r\n \r\n (2) Every such provisional certificate or certificate provisionally endorsed, shall within ten \r\ndays after the first subsequent arrival of the ship at her port of discharge in Pakistan. if she is \r\nregistered in Pakistan, at  a her port of discharge in or, if she is registered at a port of  registry \r\nestablished outside Pakistan under this Ordinance, at that port, be del ivered up to the registrar \r\nthereof, and that registrar shall cause the ship to be registered anew. \r\n (3) The registrar granting a provisional certificate under this section or provisionally \r\nendorsing a certificate shall add to the certificate or endorsement a statement that the same is made \r\nprovisionally, and shall send a report of the particulars of the case to the registrar of the ship’s port of \r\nregistry, containing a similar statement as the certificate or endorsement. \r\n \r\n 53. Registry anew on change of ownership.––Where the ownership of any ship is changed \r\nthe registrar of the port at which the ship is registered may, on the application of the owners of the \r\nship, register the ship anew although registration anew is not required under this Ordinance. \r\n \r\n 54. Restrictions on re-registration of abandoned ships.––Where a ship has ceased to be \r\nregistered as a Pakistani ship by reason of having been wrecked or abandoned, or for any reason \r\nother than capture by the enemy or transferred to a person not qualified to own a Pakistani ship, the \r\nship shall not be re-registered until she has at the expense of the applicant for registration, been \r\nsurveyed by a surveyor and certified by him to be seaworthy. \r\n \r\n 55. Provision for cases of infancy or other incapacity.––Where by reason of infancy, \r\nlunacy, or any other cause any person interested in any ship or any share therein, is incapable of \r\nmaking any declaration or doing anything required or permitted by this Ordinance to be made or \r\ndone in connection with the registry of the ship or share, the guardian or committee, if any, of that \r\nperson or, if there is none, any person appointed on application made on behalf of the incapable \r\nperson, or of any other person interested, to any court having jurisdiction in respect of the property \r\nof such persons, may make such declaration or a declaration as nearly corresponding on behalf of \r\nthe incapable person; and all acts done by the substitute shall be as effectual as if done by the \r\nperson for whom he is substituted. \r\n \r\n 56. Equities not included by Ordinance.––The expression “beneficial interest”, where used \r\nin this part of this Ordinance, includes interests arising under a contract and other equitable interests; \r\nand it is hereby declared that without prejudice to the provisions of this Ordinan ce preventing notice \r\nof trusts from being entered in the register book or receive by the registrar, and without prejudice to \r\nthe powers of disposition and of giving receipts conferred by this Ordinance on registered owners \r\nand mortgagees and without prejudice to the provisions of this Ordinance relating to the exclusion of \r\nunqualified persons from the ownership of Pakistani ships, interests arising under contract or other \r\nequitable interests may be enforced by or against owners and mortgagees of ships in respect of their \r\ninterest therein the same manner as in respect of any other personal property. \r\n \r\n 57. Liability of owners.––Where any person is beneficially interested otherwise than by \r\nway of mortgage in any ship or share in a ship registered in the name of some other person as owner, \r\nthe person so interested shall, as well as the registered owner, be subject to all pecuniary penalties \r\nimposed by this or any other Ordinance on the owners of ships or shares therein, so nevertheless that \r\nproceedings may be taken for the enforcement of any such penalties against both or either of the \r\naforesaid parties with or without joining the other of them. \r\n \r\n \r\nPage 48 of 233 \r\n \r\n 58. Ship’s managing owner or manger to be registered.—(1) The name and address of \r\nthe managing owner, for the time being of every ship registered at a port in Pakistan, shall be \r\nregistered at the custom house of that port. \r\n \r\n (2) Where there is no managing owner there shall be so registered the name of the ship’s \r\nhusband or other person to whom the management of the ship is entrusted by or on behalf of the \r\nowner; and any person whose name is so registered shall, for the purposes of this Ordinance, be \r\nunder the same obligations and subject to the same liabilities as if he were the managing owner. \r\n \r\n (3) If default is made in complying with this section the owner shall be liable, or if there are \r\nmore owners than one each owner shall be liable in proportion to his interest in the ship, to a fine \r\nwhich may extend to fifty thousand rupees each time the ship leaves any port in Pakistan. \r\n \r\n 59. Forgery of documents.––If any person forges, or fraudulently alters, or assists in \r\nforging or fraudulently altering, or procures to be forged or fraudulently altered, any of the \r\nfollowing documents, namely, any register book, builder’s certificate, surveyor’s certificate, \r\ncertificate of registry, declaration of bill of sale, instrument of mortgage, or certificate of mortgage or \r\nsale under this Part of this Ordinance, or any entry or endorsement required by this Part of this \r\nOrdinance to be made in or on any of those documents, that person shall in respect of each offence \r\nbe punishable with imprisonment which shall not be less than three months and with fine which may \r\nextend to five hundred thousand rupees. \r\n \r\n 60. False declaration.—(1) If any person in the case of any declaration made in the \r\npresence of or produced to a registrar under this Part or in any document or other evidence \r\nproduced to such registrar,–– \r\n \r\n(a)  wilfully makes, or assists in making, or procures to be made any false \r\nstatement concerning the title to or ownership of, or the interest existing in any \r\nship, or any share in a ship; or \r\n \r\n(b)  utters, produces, or makes use of any declaration or document containing any \r\nsuch false statement knowing the same to be false, shall, in respect of each \r\noffence, be liable to a fine which may extend to fifty thousand rupees. \r\n \r\n (2) If any person wilfully makes a false declaration touching the qualification of himself, or \r\nof any other person or of any corporation to own a Pakistani ship or any share therein, he shall, for \r\neach offence, be liable to a fine which may extend to fifty thousand rupees and the ship or share \r\nshall be liable to forfeiture to the extent of the interest therein of the declarant unless it is proved \r\nthat the declaration was made without authority of any person or corporation on whose behalf the \r\ndeclaration is made. \r\n \r\n 61. National character of ship to be declared before clearance.—(1) An officer of \r\ncustoms, or appropriate designated authority for this purpose, shall not grant a clearance or transire \r\nfor any ship until the master of such ship has declared to that officer the name of the country to \r\nwhich he claims that she belongs, and that officer shall thereupon inscribe that name on the \r\nclearance or transire. \r\n \r\n (2) If a ship attempts to proceed to sea without such clearance or transire, she may be \r\ndetained until the declaration is made. \r\n \r\n \r\nPage 49 of 233 \r\n \r\n 62. Penalty for concealment of Pakistan character or assumption of foreign character. \r\n—If the master or owner of a Pakistani ship does anything or permits anything to be done, or carries \r\nor permits to be carried any papers or documents, with intent to conceal the Pakistani character of \r\nthe ship from any person entitled by any law, for the time being in force, to enquire into the \r\nsame, or with intent to assume a foreign character, or with intent to deceive any person so entitled \r\nas aforesaid, the ship shall be liable to forfeiture and the master, if he commits or is privy to the \r\ncommission of the offence, shall in respect of each offence be liable to a fine which may extend to \r\none hundred thousand rupees. \r\n \r\n 63. Penalty for acquiring ownership if unqualified.––If an unqualified person acquires as \r\nowner, otherwise than be such transmission as here in before provided, any interest either legal \r\nor beneficial in a ship using a Pakistani flag and assuming the Pakistani character, that interest shall \r\nbe liable to forfeiture. \r\n \r\n 64. Liabilities of ships not recognized as Pakistani ships.––where it is declared by this \r\nOrdinance that a Pakistani ship shall not be recognized as a Pakistani ship, that ship shall not be \r\nentitled to any benefits, privileges or protection usually enjoyed by Pakistani ships nor to use the \r\nPakistan flag or assume the Pakistani national character, but so far as regards the payment of dues, \r\nthe liabilities to fines and forfeiture, and the punishment of offence committed on board such ship, or \r\nby any persons belonging to her, such ship shall be dealt with in the same manner in all respects as if \r\nshe were a recognised Pakistani ship. \r\n \r\n 65. National colours for ships.—(1) The Federal Government may, by notification in the \r\nofficial Gazette, declare the proper national colours for Pakistani ships. \r\n \r\n (2) If any distinctive colours, other than those declared under sub-section (1), are hoisted on \r\nboard any Pakistani ship the owner of the ship, unless he proves that they were hoisted without his \r\nknowledge or consent, the master of the ship and every person hoisting such colours shall be liable \r\nto a fine which may extend to ten thousand rupees. \r\n \r\n (3) Any commissioned officer of the Pakistan Navy, Principal Officer, any Customs \r\nCollector, or any Pakistan consular officer, may board any ship on which any colours in \r\ncontravention of this Ordinance are hoisted and seize and take away the colours which shall be \r\nforfeited to the Federal Government. \r\n \r\n 66. Penalty for unduly assuming Pakistani character.—(1) If a person uses the \r\nPakistan flag and assumes the Pakistani national character on board a ship owned in whole or in part \r\nby any persons not qualified to own a Pakistani ship, for the purpose of making the ship appear to \r\nbe a Pakistani ship, the ship shall be liable to forfeiture under this Ordinance unless the assumption \r\nhas been for the purpose of escaping capture by any enemy or by a foreign ship of war on the \r\nexercise of some belligerent right. \r\n \r\n (2) In any proceeding for enforcing any such forfeiture the burden of proving a title to use \r\nthe Pakistani flag and assume the Pakistani national character shall lie upon the person using and \r\nassuming the same. \r\n \r\n 67. Pakistani ships to hoist proper national colours in certain cases.—(1) A Pakistani \r\nship shall hoist the proper national colours— \r\n \r\n(a)  on a signal being made to her by any vessel of the Pakistan Navy; \r\n \r\nPage 50 of 233 \r\n \r\n \r\n(b)  on entering or leaving any foreign port; and \r\n \r\n(c)  if the net tonnage is fifty or more, on entering or leaving any Pakistani port. \r\n \r\n (2) The master of a ship in respect of which the provisions of sub-section (1) are not \r\ncomplied with, shall be liable to a fine which may extend to ten thousand rupees. \r\n \r\n 68. Saving for Pakistan Navy.––The provisions of this Ordinance with respect to colours \r\nworn by merchant ships shall not affect any other powers of the Pakistan Navy in relation thereto. \r\n \r\n 69. Recognition of tonnage measurement of ships of foreign country.—(1)Whenever it \r\nappears to the Federal Government that the tonnage regulations applicable in a foreign country are \r\nequivalent to those adopted under this Ordinance, the Federal Government may order that the ships \r\nof that country shall, without being re-measured in Pakistan, be deemed to be of the tonnage denoted \r\nin their certificates of registry or other national papers, in the same manner, to the same extent, and \r\nfor the same purposes as the tonnage denoted in the certificate of registry of a Pakistani ship and any \r\nspace shown by the certificate of registry, or other national papers of any such ships as deducted \r\nfrom the tonnage shall, where a similar deduction in the case of Pakistani ship depends on \r\ncompliance with any conditions or on the compliance being evidenced in any manner, be deemed to \r\ncomply with those conditions, and to be so evidenced, unless a surveyor of ships certifies to the \r\nFederal Government that the construction and the equipment of the ship as respects that space do not \r\ncome up to the standard which would be required if the ship were a Pakistani ship registered in \r\nPakistan. \r\n \r\n (2) The Federal Government may limit the time during which the order shall remain in \r\noperation and make the order subject to such conditions and qualifications, if any, as it may \r\ndeem expedient. \r\n \r\n (3) If it is made to appear to the Federal Government that the tonnage of any foreign ship as \r\nmeasured by the rules of the country, to which she belongs, materially differs from that which would \r\nbe her tonnage if measured under rules applicable in Pakistan, the Federal Government may order \r\nthat notwithstanding any order for the time being in force under this section any of the ships of that \r\ncountry may, for all or any of the purposes of this Ordinance, be re-measured in accordance with \r\nrules applicable in Pakistan. \r\n \r\n 70. Space occupied by deck cargo to be liable to dues.—(1) If any Pakistani or foreign \r\nship other than a home-trade ship carries as deck cargo, that is to say, in any uncovered space upon \r\ndeck or in any covered space not included in the cubical contents forming the ship’s registered \r\ntonnage, timber, stores, or other goods, all dues payable on the ship’s tonnage  shall be payable as if \r\nthere were added to the ship’s registered tonnage the tonnage of the space occupied by those goods \r\nat the time at which the dues become payable. \r\n \r\n (2) The space so occupied shall be deemed to be the space limited by the area \r\noccupied by the goods and by straight lines enclosing a rectangular space sufficient to include the \r\ngoods. \r\n \r\n (3) The tonnage of the space shall be declared by the Master, and if misdeclared be \r\nascertained by an officer of the Mercantile Marine Department or of Customs in manner directed \r\nand when so ascertained shall be entered by him in a memorandum which he shall deliver to the \r\n \r\nPage 51 of 233 \r\n \r\nmaster and the master shall, when the said dues are demanded, produce that memorandum in like \r\nmanner as if it were the certificate of registry or, in the case of a foreign ship, the document \r\nequivalent to a certificate of registry, and in default shall be liable to the same penalty as if he had \r\nfailed to produce the said certificate or document. \r\n \r\n (4) Nothing in this section shall apply to any ship employed exclusively in trading or going \r\nfrom place to place in any river or inland water of Pakistan or to deck cargo carried by a ship while \r\nengaged in the coasting trade in Pakistan. \r\n \r\n 71. Surveyors and regulations for measurement of ships.––All duties in relation to the \r\nsurvey and measurement of ships shall be performed by surveyors of ships in the prescribed manner. \r\n \r\n 72. Levy of tonnage rates under local laws on the registered tonnage.––Any persons \r\nhaving powers to levy tonnage rates on ships may, if they think fit, with the consent of the Federal \r\nGovernment, levy those tonnage rates upon the registered tonnage of the ships as determined by the \r\ntonnage regulations adopted in Pakistan, notwithstanding that any local law under which those \r\nrates are levied provides for levying the same upon some different system of tonnage \r\nmeasurement. \r\n \r\n 73. Close of registry. The owner of a registered ship may sell, dispose of or dismantle the \r\nship by following the prescribed procedure for closing the registry otherwise he shall be liable to a \r\nfine which may extend to one hundred thousand rupees. \r\n \r\n 74. Powers to make rules in respect of matters in this Part.—(1) The Federal \r\nGovernment may, by notification in the official Gazette, make rules to carry out the purpose of this \r\npart. \r\n \r\n (2) In particular, and without prejudice to the generality of the foregoing power, such rules \r\nmay provide for all or any of the following matters, namely :— \r\n \r\n(a)  the manner in which the tonnage of any ship shall be ascertained, whether for \r\nthe purpose of registration or otherwise including the mode of measurement; \r\n \r\n(b)  the recognition for the purpose of ascertaining the tonnage of any ship or for \r\nany other purpose, of any tonnage certificate granted in respect of any ship in \r\nother country, not being a country with which Pakistan has entered into an \r\nagreement in this behalf, including the conditions and restrictions subject to \r\nwhich such recognition may be granted; \r\n \r\n(c)  the manner in which the surveys of ships shall be conducted and the form of \r\ncertificates to be issued by a surveyor; \r\n \r\n(d)  the manner in which ships shall be marked; \r\n \r\n(e)  the form in which any document or instrument required by or under this Part \r\nto be prepared or executed and the particulars which it should contain; \r\n \r\n(f)  the persons by whom and authorities before which any declaration required by \r\nthis Part shall be made, and the circumstances in which any such declaration \r\nmay be waived and other evidence accepted; \r\n \r\nPage 52 of 233 \r\n \r\n \r\n(g)  the returns that shall be made by registrars to the Federal Government or \r\nto such other authority as the Federal Government may appoint and the form \r\nin which and the intervals at which such returns shall be made; \r\n \r\n(h)  the procedure for registration, marking, naming or alteration of the names of \r\n Pakistani ships; \r\n \r\n(i)  the fees that may be levied and the actual expenses, if any, incurred by Federal \r\nGovernment in the performance of its functions under this part and the manner \r\nin which such fees and expenses shall be collected or recovered; \r\n \r\n(j)  the manner in which registrars and other authorities may exercise their powers \r\nunder this part or maintain the register book and other books and registers; \r\n \r\n(k)  the manner in which ships belonging to Federal Government to which the \r\nprovisions of this part may be made applicable; and \r\n \r\n(l)  any other matter which may be or is to be prescribed. \r\n–––––––––––– \r\n \r\nPART III \r\nCOASTAL SHIPPING \r\nCHAPTER 5.—CONTROL OF SHIPPING \r\n \r\n 75. Application.––This Part applies only to such sea-going ships propelled by mechanical \r\npower as are not less than one hundred and fifty tons gross or of such other tonnage as the Federal \r\nGovernment may, by notification in the official Gazette, fix. \r\n \r\n 76. International shipping operators.—(1) All Pakistani shipping operators and foreign \r\nshipping operators shall, subject to the provisions of section 79, be entitled to participate in the \r\ncoastal shipping. \r\n \r\n (2) The Federal Government may exclude or restrict operators from countries, to be specified \r\nin the official Gazette, to participate in the coastal shipping to, and from, Pakistan. \r\n \r\n 77. Government cargo.––The carriage of Government cargo between a foreign and \r\nPakistani port and vice versa may be reserved for Pakistani shipping operators provided Pakistani \r\nships operate from such ports. \r\n \r\n 78. Requirements for participation in coastal shipping.—(1) Pakistani shipping \r\noperators, wishing to participate in the coastal shipping, shall be adequately insured against all \r\nprofessional liabilities and be registered as such with the Federal Government. \r\n \r\n (2) A foreign shipping operator, wishing to participate in the coastal shipping, shall be \r\nadequately insured against all professional liabilities and have an agent in Pakistan. \r\n \r\n 79. Power to fix shipping rates.—(1) The Federal Government may, by order published in \r\nthe Official Gazette, fix in the prescribed manner, the rates at which any Pakistani ship may be hired \r\n \r\nPage 53 of 233 \r\n \r\nand the rates which may be charged for the carriage of passengers or cargo by any ship engaged in \r\nthe coasting trade of Pakistan. \r\n \r\n (2) If the Federal Government considers that with a view to enabling it to fix the rates under \r\nsub-section (1) it is necessary or expedient so to do, it may constitute a Shipping Rates Advisory \r\nBoard in the prescribed manner for the purpose of advising it ; and such Board may be constituted \r\neither generally or for a particular case or route or in respect of rates for the carriage of passengers \r\nor cargo or both. \r\n \r\n (3) Where an order fixing the rates to be charged for hire or for the carriage of passengers or \r\ncargo has been published under sub-section (1) no owner, master or agent of a ship shall charge rates \r\nin excess of the rates so fixed. \r\n \r\n (4) The Federal Government may determine a period to be observed between the notification \r\nand changes which may be different for different shipping service. \r\n \r\n (5) The power to make rules conferred by sub-section (1) shall, except on the first occasion \r\nof the exercise thereof, be subject to the conditions of previous publication. \r\n   1[79A. Regulation and determination of port charges by Shipping Companies and \r\nShipping Agents etc. \r\n \r\n (1) The Federal Government shall regulate and determine port charges and other local \r\ncharges, other than the charges leviable under Ports Act, 1908 (XV of 1908), to be levied by the \r\nShipping Companies and Shipping Agents in respect of the Cargo handled at ports. \r\n \r\n (2) Notwithstanding anything contained in any other law for the time being in force, the \r\nlicenses to Shipping Companies, Shipping Agents and Non-vessels Operating Carriers and Cargo \r\nConsolidation shall only be issued after grant of NOC from the Shipping Rates Advisory Board \r\nconstituted under sub-section (2) of section 79 or by any authority authorized by the Board. \r\n \r\n (3) Only those Shipping Companies and Shipping Agents, Non-vessels Operating Carriers \r\nand Cargo Consolidators who are registered with the Ports and Shipping Wing of Communications \r\nDivision shall be allowed to work in the ports. \r\n \r\n Explanation. For the purpose of this section “port” means the port specified in the First \r\nSchedule to the Ports Act, 1908 (XV of 1908) or any port which may be notified by the Federal \r\nGovernment for the purpose of this section. \r\n \r\n (4) In the case of default under sub-section (1) or sub-section (2), by any Shipping Company, \r\nShipping Agent, Non-vessel Operating Carrier or Cargo Consolidation, the Federal Government \r\nshall have the power to cancel the registration, forfeit the security or impose penalty or fine as may \r\nbe prescribed.] \r\n \r\n \r\n \r\n 1Ins. by the Pakistan Marchant Shipping (Amdt.) Ordinance, 2002 (47 of 2002) s. 2.  \r\n \r\n \r\n \r\nPage 54 of 233 \r\n \r\n 80. Duty to notify tariffs and other transport conditions.––A shipping  operator in the \r\ncoastal shipping shall notify at request freight rates and oth er t ransport conditions to the \r\nrepresentative shippers' organizations. \r\n \r\n 81. Duty to provide conference agreement.––The shipping operators in the coastal shipping \r\nwho operate within the framework of a liner conference, shall provide the Federal Government with \r\na copy of the liner conference agreement as soon as possible after it has been concluded or amended. \r\n \r\n 82. Power to disapprove conference a greement.—(1) The Federal Government may \r\ndisapprove a liner conference agreement or clauses therein, if— \r\n \r\n(a)  the agreement or clauses therein contravene obligations contained in section \r\n76 or 77; \r\n(b)  the agreement has not been provided in accordance with section 81; \r\n \r\n(c)  the agreement or clauses therein are not in accordance with obligations \r\ncontained in international agreements to which the Federal Government is a \r\nparty; and \r\n \r\n(d)  the agreement provides for such high rates for the carrying out of the liner \r\nservice as to seriously jeopardize the interests of the shippers. \r\n \r\n (2) The Federal Government shall notify its decision in writing to the shipping operators and \r\nthe representative shippers' organizations involved stating the grounds for disapproval. \r\n \r\n (3) If the Federal Government has disapproved the provisions of any agreement relating to \r\nfreight rates or other transport conditions, the previous freight rates or conditions shall apply to the \r\nagreement. \r\n \r\n 83. Prohibition on compliance with disapproved agreement.––As soon as the Federal \r\nGovernment has notified disapproval of an agreement, or any part thereof, in accordance with sub-\r\nsection (2) of section 82, the parties shall not comply with the agreement or, as the case may be, the \r\ndisapproved part thereof. \r\n \r\n 84. Prohibition to contravene cargo sharing measures.–– No person shall transport cargo, \r\nprovide sailing or use of ships of tonnage in contravention of rules made under this Ordinance. \r\n \r\n 85. Representative Organizations.––For the purposes of this Ordinance, the Federal \r\nGovernment may, by notification in Official Gazette, designate representative organizations of ship \r\nowners and shippers. \r\n \r\n 86. Power to call for information.—(1) The Shipping Authority may, by notice served \r\npersonally or by post, require the master, owner or agent of any ship to furnish within the period \r\nspecified in the notice; information regarding any of the following matters, namely :- \r\n \r\n(a)  The classes of passengers and cargo which the ship is about to carry or is \r\ncapable of carrying or has carried during any period specified in this behalf in \r\nthe notice; and \r\n \r\n(b)  any other matter which may be prescribed. \r\n \r\nPage 55 of 233 \r\n \r\n \r\n 87. Power of Shipping Authority to enter ship.––Where, the Shipping Authority is of \r\nopinion that directions given under this Ordinance are not being compiled with, it may enter or \r\nauthorize any other person to enter on board any ship and require relevant documents for \r\nexamination. \r\n \r\n 88. Penalty.––If any person, on whom a notice has been served under section 86, fails to \r\nfurnish the information required within the specified time or in furnishing such information makes \r\nany statement which he knows to be false in any material particular. shall be liable to imprisonment \r\nwhich shall not be less than three month and fine which may extend to five hundred thousand rupees. \r\n \r\n 89. Power to make rules.—(1) The Federal Government may, by notification in the \r\nofficial Gazette, make rules for carrying out the purposes of this Part. \r\n \r\n (2) In particular, and without prejudice to the generality of the foregoing power, such rules \r\nmay provide for all or any of the following matters, namely :— \r\n \r\n(a)  the manner in which rates shall be fixed under sub-section (1) of section 79; \r\n \r\n(b)  the Constitution and functions of the Board constituted under sub-section (2) \r\n of section 79 and the procedure for discharge of its functions; \r\n \r\n(c)  the matters regarding which information may be required to be furnished \r\nunder section 86; \r\n \r\n(d)  the procedure for determining minimum or maximum number of sailing per \r\nyear; \r\n \r\n(e)  the determination of number and type of ship and the amount of tonnage to \r\nbe used; \r\n \r\n(f)  the description of government cargo; \r\n \r\n(g)  cargo sharing and recognition of national shipping line; \r\n \r\n(h)  the freight rates for the carriage of Government cargo; and \r\n \r\n(i)  any other matter which may or is to be prescribed. \r\n_________ \r\n \r\nPART IV \r\nMANNING OF SHIP \r\nCHAPTER 6.—CERTIFICATE OF COMPETENCY \r\n \r\n 90. Application. This Part applies only to sea-going ship propelled by electricity or other \r\nmechanical power. \r\n \r\n 91. Ships to be provided with certificated officers.—(1) Every Pakistani ship when going \r\nto sea from any port or place shall be provided with minimum number of duly certificated officers \r\nand ratings for various categories of ships as may be prescribed by the Federal Government. \r\n \r\n \r\nPage 56 of 233 \r\n \r\n (2) The Federal Government may, by order, exempt, subject to such terms and conditions as \r\nit may think fit to impose, any ship or class of ship from any of the manning requirements as set out \r\nunder sub-section (1). \r\n \r\n (3) Nothing in this section which relates to engineers shall apply to any ship to which the \r\nprovisions of the Inland Mechanically Propelled Vessels Act, 1917 (I of 1917), apply as long as \r\nsuch ship is employed on voyages confined to ports or places within the same province. \r\n \r\n (4) If any person— \r\n \r\n(a)  having been engaged as one of the officers mentioned in sub-section (1) goes \r\nto sea as such officer without being duly certificated or, as the case may be, \r\napproved, or \r\n \r\n(b)  employs a person as an officer without ascertaining that the person so \r\nemployed is duly certificated or, as the case may be approved: shall, for each \r\noffence, be liable to fine which may extend to fifty thousand rupees. \r\n \r\n 92. When officers or ratings deemed to be certificated.—(1) Subject to the provisions of \r\nsection 100, an officer or rating shall not be deemed duly certificated under this Ordinance unless he \r\nholds a certificate of a grade appropriate to his station in the ship or of a higher grade granted or \r\ndeemed to have been so granted in accordance with this Ordinance. \r\n \r\n (2) The Federal Government may, if it considers necessary or expedient so to do \r\npermit, by order in writing, any person, not being a person otherwise duly certificated who satisfies \r\nthe prescribed requirements, to act in a capacity higher than that for which he is so certificated, and \r\na person so permitted shall be deemed to have been duly certificated to act in that capacity for so \r\nlong as the order remains in force, but nothing herein shall permit anyone to act as a master unless \r\nhe holds Class I Master Mariner Certificate or a certificate of lower grade with suitable endorsement \r\nappropriate for the class of ship or as Chief Engineer required under this Ordinance to hold a \r\ncertificate not lower than Class I Chief Engineer Certificate. \r\n \r\n 93. Grades of certificates of competency.—(1) Certificates of competency and other \r\ncertificates including endorsements to the qualified officers of any description or qualified \r\nseamen of any description shall be granted in accordance with this Ordinance for each of the \r\nfollowing grades, namely:–– \r\n \r\n(a)  Master of foreign-going ship or certificate of competency (Deck Officer) Class \r\n I Master Mariner; \r\n \r\n(b)  first Mate of foreign-going ship or certificate of competency (Deck Officer) \r\n class II; \r\n \r\n(c)  second Mate of foreign-going ship or certificate of competency (Deck Officer) \r\n class III. \r\n \r\n(d)  certificate of competency (Deck Officer) class IV; \r\n \r\n(e)  first class engineer or certificate of competency (Chief Engineer Officer) class \r\n I; \r\n \r\nPage 57 of 233 \r\n \r\n \r\n(f)  second class engineer or certificate of competency (Second Engineer Officer) \r\n class II; \r\n \r\n(g)  certificate of competency (Marine Engineer Officer) class III;  \r\n \r\n(h)      certificate of competency (Marine Engineer Officer) class IV; \r\n \r\n(i)  master home trade endorsement; \r\n \r\n(j)  master coastal trade endorsement; \r\n \r\n(k)  tug master endorsement; \r\n \r\n(1)  certificate of qualification as master of a foreign-going tug; \r\n \r\n(m)  skipper; \r\n \r\n(n)  chief engineer officer endorsement; \r\n \r\n(o)  dangerous cargoes such as crude liquid petroleum or petroleum products or \r\nliquid chemical or liquefied gases endorsement; and \r\n \r\n(p)  certificates or endorsements to seamen as required by the international \r\nconventions from time to time. \r\n \r\n (2) Certificates of competency specified in clauses, (b), (c) and (d) of sub-section (1) may \r\nbe endorsed in accordance with this Ordinance for all or any of the following, namely:–– \r\n \r\n(a)  master (home trade); \r\n \r\n(b)  master (coasting ship); or \r\n \r\n(c)  tug master; and \r\n \r\n(d)  certificates of competency specified in clauses (f), (g) and (h) of sub-section \r\n(1) may be endorsed in accordance with this Ordinance for Chief Engineer \r\nOfficer endorsement. \r\n \r\n (3) A certificate of competency granted for the grade of engineer officer shall state whether it \r\nentitles the holder to act as engineer of ships fitted with steam engines or of ships fitted with any \r\nother type of engines, and the holder shall not be entitled to act as engineer of a ship fitted with a \r\ntype of engine not stated in the certificate. \r\n \r\n (4) A certificate of competency (Deck Officer) class I shall entitle the lawful holder thereof \r\nto go to sea as a master in any class of ship and a certificate of competency suitably endorsed for \r\nmaster (home trade) shall entitle the lawful holder thereof to go to sea in corresponding grade in a \r\ncoasting ship. \r\n \r\n \r\nPage 58 of 233 \r\n \r\n (5) If it appears to the Federal Government that certificates of competency for grades other \r\nthan those set out in sub-section (1) may be granted, it may, by notification in the official \r\nGazette, specify the other grades in respect of which certificates of competency may be granted. \r\n \r\n 94. Examinations for certificates.––The Federal Government, or a person duly authorized \r\nby it in this behalf, shall appoint persons for the purpose of examining the qualifications of persons \r\ndesirous of obtaining certificates of competency or endorsements under this Ordinance. \r\n \r\n 95. Grant of certificates on passing examination.––The Federal Government or any person \r\nauthorised by it under section 94, shall grant to every applicant, who is duly reported by the \r\nexaminers to have passed the examination satisfactorily and to have given satisfactory evidence of \r\nhis sobriety, experience and ability and general good conduct on board ship, such certificate of \r\ncompetency and appropriate endorsements of the case requires: \r\n \r\n Provided that the Federal Government may, in any case in which it has reason to believe that \r\nthe report has been unduly made, require, before granting a certificate, a re-examination of the \r\napplicant or a further inquiry into his testimonials and character. \r\n \r\n 96. Certificate of competency for Naval Officer.–– Subject to rules made under section 105 \r\nof this Ordinance a person, not being in Pakistan Naval reserve— \r\n \r\n(a)  who has attained the rank of Lieutenant Commander in the Executive Branch \r\nof the Pakistan Navy and has completed not less than three and a half years \r\nwatch-keeping service actually at sea may be granted a certificate of \r\ncompetency (Deck Officer) class I; \r\n \r\n(b)  who has attained the rank of Lieutenant Commander or Lieutenant in the \r\nengineering branch of the Pakistan Navy and has completed, if a Lieutenant \r\nCommander not less than three and a half years, and if a Lieutenant not less \r\nthan twenty-one months' watch-keeping service at sea, may be granted a \r\ncertificate of competency (Engineer Officer) Class I and Class II respectively. \r\n \r\n 97. Form of certificates.––Every certificate of competency granted under this Ordinance \r\nshall be in the prescribed form and shall be made in duplicate, and one copy shall be delivered to \r\nthe person entitled to the certificate and the other shall be kept by the Federal Government and \r\nrecorded in the prescribed manner. \r\n \r\n 98. Record of orders affecting certificates.––A note of all orders made under this \r\nOrdinance for suspending, canceling, altering or otherwise affecting any certificate of competency \r\nshall be entered on the copy of the certificate kept by the Federal Government. \r\n \r\n 99. Loss of certificate.––Whenever a master, mate, or engineer proves to the satisfaction of \r\nthe Federal Government that he has, without any fault on his part, lost or been deprived of a \r\ncertificate of competency granted to him under this Ordinance, the Federal Government shall, on \r\npayment of the prescribed fee, if any, cause a copy of the certificate, to which by the record kept in \r\naccordance with this Ordinance he appears to be entitled, to be granted to him, and such copy shall \r\nhave all the effect of the original. \r\n \r\n 100. Recognition of certificates of competency granted in other countries.––Where the \r\nlaw in force in a foreign country provides for the examination of and grant of certificates of \r\n \r\nPage 59 of 233 \r\n \r\ncompetency to, persons intending to act a masters, mates or engineers on board ships, and the \r\nFederal Government is satisfied that–– \r\n \r\n(a)  the examinations are so conducted a to be equally efficient with the \r\nexaminations for the same purpose in Pakistan under this Ordinance; \r\n \r\n(b)  the certificates are granted on such principles as to show the like qualifications \r\nand competency as those granted under this Ordinance; \r\n \r\n(c)  the certificates are liable to be cancelled or suspended for like reasons and in \r\nlike manner of those granted under this Ordinance; and \r\n \r\n(d)  the certificates granted under this Ordinance are accepted or recognised in \r\nthat foreign country as equivalent to the corresponding certificates granted \r\nunder the law of that country, the Federal Government may, by notification in \r\nthe official Gazette, declare that any certificate of competency granted under \r\nthe laws in force in that foreign country and specified in notification, shall, \r\nsubject to such conditions, if any, as the Federal Government may think fit to \r\nimpose, be recognised as equivalent to the corresponding certificates of \r\ncompetency granted under this Ordinance, and that all or any of the provisions \r\nof this Ordinance relating to certificates of competency granted under this \r\nOrdinance shall apply to such certificates. \r\n \r\n 101. Restriction on employment of aliens.––Notwithstanding the provisions of section 100, \r\nno person, who is not for the time being a citizen of Pakistan, shall be employed to act as master, \r\nmate or engineer of any Pakistani ship except with the previous permission in writing of the Federal \r\nGovernment and in giving such permission the Federal Government may impose such conditions as \r\nto duration of employment or otherwise as it may think fit. \r\n \r\n 102. Production of certificates and other documents of qualifications.––Any person \r\nserving or engaged to serve in any ship to which this section applies and holding any certificate or \r\nother document which is evidence that he is qualified for the proposes of this Ordinance, shall on \r\ndemand produce it to any shipping master, surveyor or proper officer, and if he is not himself the \r\nmaster, to the master of the ship; and if he fails to do so without reasonable cause he shall be liable \r\non summary conviction to a fine which may extend to ten thousand rupees. \r\n \r\n 103. Power to cancel or suspend certificates.––If it appears to the Federal Government that \r\nthe holder of a certificate of competency granted under this Ordinance has obtained it on false or \r\nerroneous information, it may, without prejudice to any other penalty to which such holder may be \r\nliable, cancel or suspend such certificate: \r\n \r\n Provided that no order under this section shall be passed by the Federal Government unless \r\nthe person concerned has been given an opportunity of making a representation against the proposed \r\norder. \r\n \r\n 104. Penalty.–– If any person–– \r\n \r\n(a)  forges or fraudulently alters, or assists in forging or fraudulently altering, or \r\nprocures to be forged or fraudulently altered, any certificate of competency or \r\nan official copy of any such certificate; or \r\n \r\nPage 60 of 233 \r\n \r\n \r\n(b)  makes, assists in making, or procures to be made any false representation for \r\nthe purpose of procuring either for himself or for any other person a certificate \r\nof competency; or \r\n \r\n(c)  fraudulently uses a certificate of competency, or a copy thereof, which has \r\nbeen forged, altered, cancelled or suspended, or to which he is not entitled; or \r\n \r\n(d)  fraudulently lends his certificate of competency or allows it to be used by any \r\nother person: \r\n \r\nhe shall, for each offence, be punishable with imprisonment which shall not be less than three \r\nmonths and fine which may extend to five hundred thousand rupees. \r\n \r\n 105. Power to make rules as to grant of certificates of competency.––The Federal \r\nGovernment may, by notification in the official Gazette, make rules to regulate the grant of \r\ncertificates of competency and the endorsements thereon under this Ordinance and may by such \r\nrules.–– \r\n \r\n(a)  provide for the conduct of the examination of persons desirous of obtaining \r\ncertificates of competency as masters, mates, engineers, ratings and the \r\nendorsements thereon; \r\n \r\n(b)  prescribe the qualifications required of persons for the grant of certificates of \r\ncompetency and the endorsements thereon; \r\n \r\n(c)  fix the fees to be paid by applicants for examinations or for the issue of \r\nduplicate certificates; \r\n \r\n(d)  prescribe the form of such certificates and the manner in which copies thereof \r\nare to be kept and recorded; and \r\n \r\n(e)  any other matter which it is necessary to prescribe. \r\n_________ \r\n \r\nCHAPTER 7.—APPRENTICESHIP TO SEA SERVICE \r\n \r\n 106. Assistance for apprenticeship to sea service.––All Shipping Masters shall give to \r\npersons desirous apprenticing boys not under seventeen years of age for training to the sea service or \r\nrequiring apprentices not under that age for the sea service, such assistance as may be in their power, \r\nand may receive from those persons such fees as may be prescribed. \r\n \r\n 107. Special provisions as to apprenticeship to sea service.—(1) The apprenticeship of any \r\nboy to the sea service shall be by contract in writing between the apprentice or, if he is a minor, his \r\nguardian on his behalf, and the persons taking the apprentice. \r\n \r\n (2) Every contract under sub-section (1) shall be executed in duplicate in such form and in \r\nsuch manner as may be prescribed. \r\n \r\n \r\nPage 61 of 233 \r\n \r\n (3) Every such contract made in Pakistan and every assignment or cancellation thereof, and \r\nwhere the apprentice bound deserts or dies the fact of the desertion or death shall be recorded in the \r\nmanner provided in section 108. \r\n \r\n 108. Manner in which contract, etc. is to be recorded.—(1)The person to whom an \r\napprentice to the sea service is bound for the purpose of the record, shall— \r\n \r\n(a)  transmit to the Shipping Master both copies of the contract within seven days \r\nof the execution thereof and the Shipping Master shall record one copy and \r\nendorse the fact that it has been so recorded on the other and return the same \r\nto such person; and \r\n \r\n(b)  notify to the Shipping Master any assignment or cancellation of the contract \r\nand the desertion or death of the apprentice, within seven days of its \r\noccurrence, if it occurs within Pakistan, or as soon as circumstances permit, if \r\nit occurs elsewhere. \r\n \r\n (2) If any person fails to comply with any of the requirements of sub-section (1) he shall, for \r\neach offence, be liable to a fine which may extend to five thousand rupees. \r\n \r\n 109. Production of contracts to persons before voyage in ship.—(1) The master of a ship \r\nshall, before carrying an apprentice to sea from a port or place in Pakistan, cause the apprentice to \r\nappear before the Shipping Master before whom the crew are engaged, and shall produce to him \r\nthe contract by which the apprentice is bound and every assignment thereof. \r\n \r\n (2) The name of the apprentice with the date of the contract and of the assignments thereof, if \r\nany, and the names of the ports at which the same have been registered shall be entered on the \r\nagreement with the crew. \r\n \r\n (3) If a master fails, without reasonable cause, to comply with any of the requirements of this \r\nsection, he shall, for each offence, be liable to a fine which may extend to five thousand \r\nrupees. \r\n_________ \r\n \r\n \r\nCHAPTER 8. —EMPLOYMENT OF YOUNG PERSONS \r\n \r\n 110. Employment of young persons.––No person under fifteen years of age shall be \r\nengaged or carried to sea to work in any capacity in any ship except— \r\n \r\n(a)  in a school ship, or training ship in accordance with the prescribed conditions; \r\n \r\n(b)  in a ship in which all persons employed are members of one family; or \r\n \r\n(c)  where such person is to be employed on nominal wages and shall be under the \r\nprotection of his father or other adult near male relative. \r\n \r\n 111. Engagement of young persons as trimmer or stoker.—(1) Save as otherwise \r\nprovided in sub-sections (2) and (3), no young person shall be engaged or carried to sea to work \r\nas a trimmer or stoker in any ship. \r\n \r\n (2) Sub-section (1) shall not apply— \r\n \r\nPage 62 of 233 \r\n \r\n \r\n(a)  to any work of trimming or stoking done by a young person in a school ship or \r\ntraining ship in accordance with the prescribed conditions; or \r\n \r\n(b)  to any work of trimming or stoking done by a young person in a ship which is \r\nmainly propelled otherwise than by steam; or \r\n \r\n(c)  to the engagement or carrying to sea of a young person over sixteen years of \r\nage to work as a trimmer or stoker on a home trade ship in accordance with \r\nthe prescribed conditions. \r\n \r\n (3) Where in any port a trimmer or stoker is required for any ship, other than a home trade \r\nship or coasting ship, and no person over eighteen years of age is available, two young persons over \r\nsixteen years of age may be engaged and carried to sea to do the work which would otherwise have \r\nbeen done by one person over eighteen years of age. \r\n \r\n (4) There shall be included in every agreement with the crew in ships to which this section \r\napplies a short summary of the provisions of this section. \r\n \r\n 112. Medical examination of young persons.—(1) Save as otherwise provided in sub-\r\nsection (2), no young person shall be engaged or carried to sea to work in any capacity in any ship \r\nunless there has been delivered to the master a certificate granted by a prescribed authority that the \r\nyoung person is physically fit to be employed in that capacity. \r\n \r\n (2) Sub-section (1) shall not apply— \r\n \r\n(a)  to the employment of a young person in a ship in which all persons employed \r\nare members of one family; or \r\n \r\n(b)  where the Shipping Master, on the ground of urgency, has authorised a young \r\nperson to be engaged and carried to sea, without certificate required by sub- \r\n section (1) being delivered to the master, and young person is not employed \r\nbeyond the first port at which the ship in which he is so engaged calls except \r\nin accordance with the provisions of sub-section (1). \r\n \r\n (3) A certificate of physical fitness required by sub-section (1) shall remain in force for \r\ntwo years only from the date on which it is granted. \r\n \r\n (4) The Shipping Master may require the master of any ship to produce for inspection any \r\nmedical certificate delivered to him under sub-section (1). \r\n \r\n 113. Penalty for false representation by parent or guardian.––If any young person is \r\nengaged to work in any capacity in a ship in contravention of section 110, section 111, or section \r\n112, on a false representation by his parent or guardian, or any other person, that the young person \r\nis of an age at which such engagement is not in contravention of any of those sections, such parent \r\nor guardian shall be liable to a fine which may extend to five thousand rupees. \r\n \r\n 114. Penalty for contravention of sections 110, 111 and 112.––1f any young person is \r\ncarried to sea to work in contravention of section 110, section 111 or section 112 or if any master \r\nrefuses or neglects to produce for inspection any certificate of physical fitness delivered to him, \r\n \r\nPage 63 of 233 \r\n \r\nwhen required so to do, under sub-section (4) of section 112 he shall, for each such offence, be liable \r\nto a fine which may extend to five thousand rupees. \r\n \r\n 115. Maintenance of list or register of young persons in a ship and penalty for failure \r\nto maintain or produce for inspection register of such persons.—(1) There shall be included in \r\nevery agreement with the crew of every ship whether a Pakistani ship or not which engages \r\nyoung persons in Pakistan a list of young persons who are members of the crew, together with \r\nparticulars of the dates of their birth, and, in the case of any ship where there is no agreement, the \r\nmaster shall maintain a register of young persons with particulars of the dates of their birth and of \r\nthe dates on which they became or ceased to be members of the crew. \r\n \r\n (2) The shipping Master may require the master of any ship where there is no such \r\nagreement as aforesaid to produce for inspection the register maintained under sub-section (1). \r\n \r\n (3) If any master fails to maintain the register required to be maintained under sub-section \r\n(1), or refuses or neglects to produce such register for inspection when required so to do under \r\nsub-section (2), he shall, for each offence, be liable to a fine which may extend to five thousand \r\nrupees. \r\n \r\n 116. Power to make rules.––The Federal Government may, by notification in the official \r\nGazette, make rules prescribing. \r\n \r\n(a)  the conditions of employment of young persons, in any capacity, in \r\nschool ships and training ships, and the authorities by whom and the manner \r\nin which the inspection of their work shall be carried out; \r\n \r\n(b)  the conditions of employment of young persons as trimmers or stokers in \r\nhome trade ships and coasting ships; \r\n \r\n(c)  the authorities whose certificates of physical fitness shall be accepted for the \r\npurposes of section 112; and \r\n \r\n(d)  the form of the register of young persons to be maintained in ships where there \r\nis no agreement with the crew. \r\n_________ \r\n \r\nCHAPTER 9. —ENGAGEMENT OF SEAMEN \r\n \r\n 117. Rules relating to engagement of seaman and maritime labour.—(1) Subject to the \r\nother provisions of this Ordinance, the Federal Government may, by notification in the official \r\nGazette, make rules regulating the engagement of seamen and other matters affecting maritime \r\nlabour generally so far as they relate to Pakistani ships. \r\n \r\n (2) In particular, and without prejudice to the generality of the foregoing power, such rules \r\nmay provide for all or any of the following maters, namely :- \r\n \r\n(a)  the establishment of one or more maritime services and welfare boards and the \r\nconstitution, composition and functions thereof; \r\n \r\n(b)  the registration of seamen, and the fees to be charged by the Shipping Master \r\nfor the issue of registration books and other forms to them; and \r\n \r\nPage 64 of 233 \r\n \r\n \r\n(c)  the principles and procedure to be followed by ship owners in engaging and \r\npromoting seamen. \r\n \r\n 118. Supply of seamen in contravention of this Ordinance prohibited.—(1) A person \r\nshall not engage, supply or employ for the purpose of engaging or supplying a seaman to be entered \r\non board any Pakistani ship unless that person is the owner or master of the ship or is bona fide \r\nservant and in the constant employment of owner, or is a shipping Master or Deputy Shipping Master \r\nor an agent licensed under section 119. \r\n \r\n (2) A person shall not receive or accept to be entered on board any Pakistani ship any \r\nseaman if that person knows that the seaman has been engaged or supplied in contravention of \r\nsub-section (1). \r\n \r\n (3) If a person contravenes the provisions of sub-section (1) or sub-section (2) he shall, \r\nfor each offence, be liable to a fine which may extend to one hundred thousand rupees. \r\n \r\n 119. Manning agent.—(1) No person shall act in Pakistan as a manning agent unless it is a \r\ncompany licensed as a manning agent with the Federal Government. \r\n \r\n (2) The Federal Government may, by notification in the official Gazette, make rules \r\nspecifying conditions of the manning agent. \r\n \r\n 120. Seamen to be in possession of seamen's service book.—(1) No person shall \r\nengage any Pakistani seaman at any port or place in Pakistan except in a coasting ship of a gross \r\ntonnage of less than two hundred so long as such coasting ship is employed on voyages confined to \r\nports or places within the same Province unless the seaman is in possession of a seamen's service \r\nbook issued in Pakistan by a Shipping Master in a form as may be prescribed, or a valid Pakistan \r\ninternational passport. \r\n \r\n (2) If a person engages any seaman in contravention of sub-section (1), he shall, for each \r\noffence, be liable to a fine which may extend to ten thousand rupees. \r\n \r\n 121. Loss of seamen's service book.–– Whenever a seaman proves to the satisfaction of a \r\nShipping Master that the continuous discharge certificate issued to him has, without any fault on \r\nhis part, been lost, torn or defaced, or that he has otherwise been deprived of-it, the Shipping Master \r\nshall, on payment of the prescribed fee, if any, issue to the seaman a copy of the certificate to which \r\nhe may be entitled and such copy shall have all the effect of the original. \r\n \r\n 122. Cancellation of seamen's service book.—(1) Notwithstanding anything contained \r\nelsewhere in this Ordinance, the Shipping Master may suspend, cancel, or confiscate the seamen's \r\nservice book of any seaman who is shown, to the satisfaction of the Shipping Master, to have \r\ndeserted his ship or is found guilty of smuggling, theft, misbehavior or is in breach of agreement or \r\nsuch other offence as may, in the opinion of the Shipping Master, make him unsuitable for \r\nemployment on board a ship. \r\n \r\n (2) Any person aggrieved by an order under sub-section (1) may, within ninety days from \r\nthe date of receipt of such order, prefer an appeal to the Federal Government. \r\n \r\n \r\nPage 65 of 233 \r\n \r\n (3) An appeal under sub-section (2) shall be preferred and disposed of in such form and \r\nmanner as may be prescribed. \r\n 123. Certificate of physical fitness.—(1) No person shall engage any Pakistani seaman \r\nother than master and officers at any port or place in Pakistan, nor carry to sea any such seaman \r\nother than Master and officers in any ship from any such port or place unless the seaman, other than \r\nMaster and officers, are in possession of a certificate in the prescribed form issued by the \r\nprescribed authority to the effect that he is physically fit to be employed in the capacity in which he \r\nis to serve. \r\n \r\n (2) The Federal Government may make rules for carrying into effect the provisions of this \r\nsection and the rules so made may provide for- \r\n \r\n(a)  the standard of physical fitness required of seamen or different classes of \r\nseamen having regard to the age of the seamen and the nature of duties to be \r\nperformed by them; \r\n \r\n(b)  the nature of the medical examination of seamen and the authority by whom \r\nthe medical examination shall be conducted; \r\n \r\n(c)  the form and the contents of the certificates of physical fitness and the period \r\nof their validity; and \r\n \r\n(d)  the medical authority by whom a seaman who has been refused a certificate of \r\nphysical fitness in the first instance may be re-examined, and the fee payable \r\nfor such re-examination. \r\n \r\n (3) If any person engages or carries any seaman in contravention of sub-section (1), he \r\nshall, for each offence, be liable to a fine which may extend to ten thousand rupees. \r\n \r\n (4) An owner, master or agent may, prior to engaging a seaman who is in possession of a \r\nvalid certificate of physical fitness, have him examined by any registered medical practitioner. \r\n \r\n 124. Rules relating to safe manning.—(1) The Federal Government may, by notification in \r\nthe official Gazette, make rules regulating the issuance of minimum safe manning certificate to ships \r\nof any class or type, provided any shortage of the officers or ratings listed in such certificate owing \r\nto unavoidable circumstances during a voyage shall not render her undermanned for the purposes \r\nof this Ordinance until the voyage is completed. \r\n \r\n (2) In particular, and without prejudice to the generality of the foregoing power, such rules \r\nmay provide for all or any of the following matter, namely :–– \r\n \r\n(a)  the rating of seamen other than officers; \r\n \r\n(b)  the minimum and maximum age limits, qualifications and experience required \r\nfor each rating; and \r\n \r\n(c)  the number of each rating to be carried on board a ship having regard to her \r\ntonnage, mode of propulsion, daily consumption of fuel, number of passengers \r\nshe is certified to carry and the life saving appliances carried thereon. \r\n \r\nPage 66 of 233 \r\n \r\n \r\n 125. Agreement with crew.—(1) The master of every Pakistani ship, except a coasting ship \r\nof a gross tonnage of less than two hundred so long as such coasting ship is employed on voyages \r\nconfined to ports or places within the same Province shall enter into an agreement in accordance \r\nwith this Ordinance with every seaman whom he engages at, and carries to sea as one of his crew \r\nfrom, any port or place in Pakistan. \r\n \r\n (2) The master of a ship who neglect or fails to enter into an agreement required by sub-\r\nsection (1) shall, for each offence, be liable to a fine which may extend to ten thousand rupees. \r\n \r\n 126. Forms and contents of agreement.—(1) An agreement with the crew made under \r\nsection 125 shall be in the form approved by the Federal Government, and shall be dated at the \r\ntime of the first signature thereof, and shall be signed.–– \r\n \r\n(a)  where the ship is at the port or place of engagement. by the master before any \r\nseaman signs the same; and \r\n \r\n(b)  where the ship is not at the port or place of engagement, by the owner or the \r\nowner’s agent before the master signs it and by the master before the seaman \r\nis on board. \r\n \r\n (2) An agreement with the crew made under section 125 shall contain as terms thereof the \r\nfollowing particulars, namely :–– \r\n \r\n(a)  the name of the ship or ships with the official number or numbers in which \r\neach seaman undertakes to serve; \r\n \r\n(b)  either the nature and, as far as practicable, the duration of the intended voyage \r\nor engagement, or maximum period of the voyage or engagement and the \r\nplaces or ports of the world, if any, to which the voyage or engagement is \r\nnot to extend; \r\n \r\n(c)  the time at which each seaman is to be on board or to being work; \r\n \r\n(d)  the capacity in which each seaman is to serve; \r\n \r\n(e)  the amount of wages which each seaman is to receive; \r\n \r\n(f)  a scale of the provisions which are to be furnished to each seaman, such scale \r\n being not less than the prescribed scale; \r\n \r\n(g)  any regulations as to conduct on board and as to fines, short allowance, or pro- \r\nvision or other lawful punishments for misconduct, which have been \r\nsanctioned by the Federal Government as regulations proper to be adopted, \r\nand which the parties agree to adopt; \r\n \r\n(h)  payment of compensation for personal injury or death caused by accident \r\narising out of or in course of employment; \r\n \r\n \r\nPage 67 of 233 \r\n \r\n(i)  where it is agreed that the services of any Pakistani seaman shall end at any \r\nport or place outside Pakistan, a stipulation to provide him either fit \r\nemployment on board some other ship bound to the port or place at which he \r\nwas engaged or to such other port or place in Pakistan as may be mutually \r\nagreed upon, or a passage free of charge to any such port or place; and \r\n \r\n(j)  stipulations relating to such other matters as may be prescribed. \r\n \r\n (3) The agreement with the crew made under section 125 shall provide that in the event \r\nof a dispute arising outside Pakistan in respect of any matter touching the agreement, such dispute \r\nshall be referred to the Pakistan consular officer whose decision thereon shall be binding on the \r\nparties until the return of the ship to the port or place in Pakistan at which the seaman is to be \r\ndischarged. \r\n \r\n (4) the agreement with the crew made under section 125 shall be so framed as to admit \r\nof such stipulations, to be adopted at the will of the master and seamen in each case respecting the \r\nadvance of wages or supply of warm clothing and similar other matters, as are not inconsistent with \r\nthe provisions of any law for the time being in force relating to merchant shipping. \r\n \r\n (5) If a master enters into an agreement with any seaman for a scale of provisions less than \r\nthe prescribed scale he shall, for each offence, be liable to a fine which may extend to ten \r\nthousand rupees. \r\n \r\n 127. Engagement in Pakistan of seamen for foreign ships.–– If the master, owner or agent \r\nof a foreign ship engages seamen from any port or place in Pakistan, it shall not be necessary for \r\nsuch seaman to enter into an agreement under section 125 of this Ordinance. \r\n \r\n 128. Special provisions with regard to agreements with crew of Pakistani foreign-going \r\nships.—(1) The following provisions shall have effect with respect to the agreement with the \r\ncrew made in Pakistan in the case of Pakistani foreign-going ships, namely :–– \r\n \r\n(a)  The agreement shall, subject to the provisions of this Ordinance, as to \r\nsubstitute, be signed by each seamen in the presence of a Shipping Master; \r\n \r\n(b)  the Shipping Master shall cause the agreement to be read over and explained \r\nto each seaman, in a language understood by him, or shall otherwise ascertain \r\nthat each seaman understands the same before he signs it, and shall attest each \r\nsignature; \r\n \r\n(c)  when the crew is first engaged, the agreement shall be signed in duplicate, and \r\none part shall be retained by the Shipping Master, and the other part shall be \r\ndelivered to the master, and shall contain a special place or form for the \r\ndescriptions and signatures of substitutes or persons engaged subsequently to \r\nthe first departure of the ship; \r\n \r\n(d)  when a substitute is engaged in the place of a seaman who has duly signed the \r\nagreement and whose services are lost, within twenty four hours of the ship's \r\nputting to sea by desertion, death, or other unforeseen cause, the engagement \r\nshall, if practicable, be made before a Shipping Master, and if not practicable, \r\nthe master shall, before the ship puts to sea, if practicable, and, if not, as soon \r\n \r\nPage 68 of 233 \r\n \r\nafterwards as possible, cause the agreement to be read over and explained \r\nto the substitute, and the substitute shall thereupon sign the same in the \r\npresence of a witness who shall attest the signature; \r\n \r\n(e)  the agreement may be made for a voyage of the ship or, if the voyages of the \r\nship average less than six months in duration, may, subject to the provisions of \r\nsub-section (2), be made to extend over two or more voyages; and agreements \r\nso made are in this Ordinance referred to as running agreements; \r\n \r\n(f)  on every return to a port or place in Pakistan before the final termination of a \r\nrunning agreement, the master shall discharge or engage before the Shipping \r\nMaster at such port or place any seaman whom he is required by law so to \r\ndischarge or engage, and shall upon every such return endorse on the \r\nagreement a statement that no such discharges or engagements have been \r\nmade or are intended to be made before the ship leaves such port or place or, \r\n as the case may be, that all those made have been made as required by law; \r\nand \r\n \r\n(g)  the master shall deliver the running agreement so endorsed to the Shipping \r\nMaster, and the Shipping Master shall. if the provisions of this Ordinance \r\nrelating to agreements have been complied with, sign the endorsement and \r\nreturn the agreement to the master. \r\n \r\n (2) A running agreement shall not extend beyond the expiration of the period of six months \r\nfrom the date on which it was executed, or beyond the first arrival of the ship at her port or place of \r\ndestination in Pakistan after the expiration of that period, or beyond the discharge of cargo \r\nconsequent upon such arrival, whichever of these dates shall be the latest: \r\n \r\n Provided that no such agreement shall continue in force if, after the expiration of the period \r\nof six months from the date on which it was executed, the ship proceeds on a voyage from a port or \r\nplace outside Pakistan to any other such port or place which is not on the direct route or a customary \r\nroute to her port or place of destination in Pakistan: \r\n \r\n Provided further that every such agreement shall, in addition to any other particulars required \r\nby law, contain such stipulations, as the Federal Government may direct, for the discharge of the \r\ncrew and payment of their wages for securing their return to the port or place at which they were \r\nshipped or to some other port or place in Pakistan, and for other purpose, on the termination of the \r\nagreement at a port or place outside Pakistan under the foregoing proviso. \r\n \r\n (3) If any master wilfully makes a false statement in any such endorsement as is referred to \r\nin clause (f) of sub-section (1), he shall for each offence, be liable to a fine which may extend to ten \r\nthousand rupees. \r\n \r\n 129. Renewal of running agreements in certain cases.—(1) When a running agreement has \r\nbeen made with the crew of a foreign-going Pakistani ship and the ship arrives after the expiration of \r\na period of six months from the date on which it was executed at a port or place of destination in \r\nPakistan which is not the port or place at which the crew have agreed to be discharged, the \r\nmaster may, with the previous sanction of the Shipping Master, renew the agreement with the crew, \r\nor may be required by the Shipping Master so to renew the agreement for the voyage from such \r\n \r\nPage 69 of 233 \r\n \r\nport or place of destination to the port or place in Pakistan at which the crew have agreed to be \r\ndischarged. \r\n \r\n (2) If the master of the ship is required by the Shipping Master to renew the agreement as \r\naforesaid and refuses so to renew it, any expenses which may be incurred by the Federal \r\nGovernment for the subsistence of the crew and their conveyance to the port or place at which they \r\nhave agreed to be discharged shall be a charge upon the ship, and shall be recoverable as if they \r\nwere expenses incurred in respect of distressed seamen under the provisions of this Ordinance. \r\n \r\n 130. Special provisions as to agreements with crew of home trade or coasting ships.—(1) \r\nThe following provisions shall have effect with respect to the agreements with crew of home \r\ntrade ships or coasting ships for which an agreement with the crew is required under this Ordinance, \r\nnamely:— \r\n \r\n(a)  An agreement for service in a home-trade ship or a coasting ship for which an \r\nagreement is required by section 125, not being a ship engaged exclusively on \r\nthe work of any harbour, pilotage or local authority, shall be made for a single \r\nship and the crew engaged before a Shipping Master as provided in this \r\nOrdinance for foreign-going ships; and such agreement may be made to extend \r\nover two or more voyages so that it shall terminate either within six months of \r\nthe date on which it was executed or on the first arrival of the ship at her port \r\nor place of destination in Pakistan after the expiry of that period or on \r\ndischarge of cargo consequent upon such arrival, whichever of these dates \r\nshall be the latest: \r\n \r\n Provided that if such agreement expires while the ship is not in a port or place in Pakistan, \r\nthe agreement shall remain in force until the ship is again in such port or place; \r\n \r\n(b)  an agreement, if any, for service in coasting ship for which an agreement is not \r\nrequired by section 125 shall not extend beyond the next following the \r\nthirtieth day of June or the thirty-first day of December or the first arrival of \r\nthe ship at her final port or place of destination in Pakistan after such date, or \r\nthe discharge of cargo consequent on such arrival; and \r\n \r\n(c)  an agreement for service in two or more coasting ships belonging to the same \r\nowner may be made by the owner instead of by a master and the provisions of \r\nthis Ordinance with respect to the making of the agreement shall apply \r\naccordingly. \r\n \r\n (2) Notwithstanding anything contained in clause (b) or clause (c), the owner of two or \r\nmore coasting ships or his agent may enter into time agreements in the form sanctioned by the \r\nFederal Government with individual seaman to serve in any one or more such ship, belonging to \r\nsuch owner and such agreements may extend beyond the next following the thirtieth day of June or \r\nthe thirty-first day of December. \r\n \r\n 131. Changes in crew to be reported.—(1) The master of every Pakistani ship the crew \r\nof which has been engaged before a Shipping Master shall, before finally leaving Pakistan, sign and \r\nsend to the nearest Shipping Master a full and accurate statement in the form sanctioned by the \r\nFederal Government, of every change which takes place in his crew before finally leaving Pakistan, \r\nand that statement shall be admissible in evidence. \r\n \r\nPage 70 of 233 \r\n \r\n \r\n (2) Nothing in sub-section (1) shall be construed as enabling the master to engage, except in \r\naccordance with the other provisions of this Ordinance, any seaman as an additional member of the \r\ncrew. \r\n \r\n (3) If any master fails without any reasonable cause to comply with the requirement of sub-\r\nsection (1), he shall, for each offence, be liable to a fine which may extend to five thousand rupees. \r\n \r\n 132. Certificates as to agreements with crew of foreign going and home trade \r\nships.—(1) In the case of a Pakistani foreign going ship or a Pakistani home trade ship, on the due \r\nexecution of an agreement with the crew in accordance with this ordinance, and also when, in \r\nthe case of a Pakistani foreign going ship, the agreement is a running agreement, on compliance by \r\nthe master, before the second and every subsequent voyage made after the first commencement \r\nof the agreement with the provisions of this Ordinance respecting that agreement, the Shipping \r\nMaster shall grant the master of the ship a certificate to that effect. \r\n \r\n (2) The master of every such ship as aforesaid shall, before proceeding to sea, produce that \r\ncertificate to the Customs Collector whose duty is to grant a port clearance. \r\n \r\n (3) No Customs Collector shall clear any such ship outwards without production of such \r\ncertificate; and, if any ship attempts to go to sea without a clearance, the Custom Collector may \r\ndetain her until the certificate is produced. \r\n \r\n (4) The master of such ship shall within forty-eight hours after the ship’s arrival at the port or \r\nplace where the crew is to be discharged deliver such agreement to a Shipping Master at that port or \r\nplace; and the Shipping Master shall thereupon give to the master a certificate to that effect; and no \r\nCustoms Collector shall clear any such ship in wards without the production of such certificate. \r\n \r\n (5) If any master fails, without reasonable cause, to comply with any of the provisions of \r\nthis section, he shall, for each offence, be liable to a fine which may extend to five thousand \r\nrupees. \r\n \r\n 133. Certificate as to agreement with crew of coasting ship.—(1) The master or owner \r\nof a Pakistani coasting ship  for which an agreement with the crew is required under this \r\nOrdinance shall, within twenty-one days after the thirtieth day of June and the thirty-first day of \r\nDecember in every year, or, if the ship is not at any port or place in Pakistan within that period, \r\nwithin forty-eight hours of her next arrival at a port or place in Pakistan, deliver to a Shipping \r\nMaster in Pakistan every agreement made within the six months next preceding such days \r\nrespectively. \r\n \r\n (2) The Shipping Master on receiving such agreement shall give the master or owner of the \r\nship a certificate to that effect; and no Customs Collector shall grant a port clearance for any such \r\nship without production of the certificate, and if any such ship attempts to go to sea without such \r\nclearance, the Customs Collector may detain her until the certificate is produced. \r\n \r\n (3) Any master or owner who fails, without reasonable cause, to comply with any of the \r\nprovisions of this section shall, for each offence, be liable to a fine which may extend to five \r\nthousand rupees. \r\n \r\n \r\nPage 71 of 233 \r\n \r\n 134. Copy of agreement with crew to be made accessible to the crew.—(1) The master \r\nshall, at the commencement of every voyage of engagement, cause a legible copy of the \r\nagreement with the crew and, if necessary, a translation thereof in a language understood by the \r\nmajority of the crew (omitting the signatures), to be placed or posted up in such a part of the ship to \r\nbe accessible to the crew. \r\n \r\n (2) Any master who fails, without reasonable cause, to comply with the provisions of sub-\r\nsection (1) shall, for each offence, be liable to a fine which may extend to five thousand rupees. \r\n \r\n 135. Alteration in agreement with the crew.––Every erasure, interlineations or alteration in \r\nany agreement with the crew (except additions made for the purpose of shipping substitutes or \r\npersons engaged subsequently to the first departure of the ship) shall be wholly inoperative, unless \r\nproved to have been made with the consent of all the persons interested in such erasure, \r\ninterlineations or alteration by the written attestation, if made in Pakistan, of some Shipping \r\nMaster, or, if made elsewhere, of a Pakistan consular officer. \r\n \r\n 136. List of crew to be furnished to Shipping Master.—(1) The master or owner of every \r\nPakistani ship, not being a ship engaged exclusively on the work of any harbour, pilotage or local \r\nauthority, and the master of every ship, other than a Pakistani ship, while in a port or place in \r\nPakistan, shall make out and sign a list (in this ordinance referred to as the list of crew) in such \r\nform and containing such particulars as may be prescribed and different forms may be prescribed \r\nfor different classes of ships. \r\n \r\n (2) The list of crew relating to a ship, except a Pakistani coasting ship, shall be \r\ndelivered to the Shipping Master at the port or place where the ship happens to be as soon after \r\narrival as possible and before departure. \r\n \r\n (3) The list of crew relating to a Pakistani coasting ship shall be delivered or transmitted by \r\nthe master or owner to a Shipping Master in Pakistan or within twenty-one days after, the \r\nthirtieth day of June and the thirty-first day of December in each year; and the Shipping Master shall \r\ngive to such master or owner a certificate of such delivery or transmission, and any such ship may \r\nbe detained, and shall not be cleared in wards by the Customs Collector until the certificate is \r\nproduced. \r\n \r\n (4) Any master or owner who fails, without reasonable cause to comply with any of the \r\nprovisions of this section shall, for each offence, be liable to a fine which may extend to five \r\nthousand rupees. \r\n \r\n 137. Power to prohibit engagement of specified Pakistani seamen.–– The Federal \r\nGovernment or an officer authorised by it in this behalf may, by order in writing, stating the reasons \r\nthereof, prohibit any person from engaging, in Pakistan or in any specified part thereof, any citizen \r\nof Pakistan or any person domiciled in Pakistan to serve as a seaman on any ship specified in such \r\norder. \r\n \r\n 138. Power to board ships and muster seamen.—(1) For the purpose of preventing \r\nseamen from being taken on board any ship at any port in Pakistan contrary to the provisions of this \r\nordinance, any Shipping Master or Deputy Shipping Master may enter at any time on board any \r\nsuch ship upon which he has reason to believe that seamen have been shipped, and may muster and \r\nexamine the seamen employed therein. \r\n \r\n \r\nPage 72 of 233 \r\n \r\n (2) If the master or any other person obstructs any Shipping Master or Deputy Shipping \r\nMaster in the execution of his duty under this section, he shall, for each offence, be liable to a fine \r\nwhich may extend to five thousand rupees. \r\n \r\n 139. Forged seamen’s service book.–– If any person who— \r\n \r\n(a)  forges any seamen’s service book or certificate of physical fitness, or a copy \r\nof any such certificate; or \r\n \r\n(b)  fraudulently alters any entry in any seamen’s service book or a certificate of \r\nphysical fitness; or \r\n \r\n(c)  fraudulently uses any seamen’s service book or a certificate of physical fitness \r\nwhich is forged or altered or does not belong to him, he shall, for each offence, \r\nbe liable to a fine which may extend to fifty thousand rupees. \r\n__________ \r\n \r\nCHAPTER 10. —DISCHARGE OF SEAMEN \r\n \r\n 140. Discharge of seamen before Shipping Master.—(1) When a seaman serving in a \r\nforeign going ship or home trade ship is, on the termination of his engagement. discharged in \r\nPakistan, he shall, whether the agreement with the crew be an agreement for the voyage or a running \r\nagreement, be discharged in the manner provided by this Ordinance in the presence of a Shipping \r\nMaster. \r\n \r\n (2) The provisions of sub-section (I) shall apply in relation to the discharge of seamen \r\nserving in any Pakistani coasting ship for which an agreement is required under this Ordinance as \r\nthey apply in relation to the discharge of seamen serving in a foreign going ship or home trade ship: \r\n \r\n Provided that this sub-section shall not apply where a seaman is discharged from a ship \r\nunder an agreement made in accordance with section 128 for service in two or more ships for \r\nthe purpose of being engaged in another ship to which the agreement relates. \r\n \r\n (3) If the master or owner of a Pakistani coasting ship for which an agreement with the \r\ncrew is not required under this ordinance so desires, the seamen of that ship may be discharged in \r\nthe same manner as seamen discharged from a foreign going ship or home trade ship. \r\n \r\n (4) If any master, or owner or owner’s agent acts in contravention of any of the provisions of \r\nthis section, he shall, for each offence, be liable to a fine which may extend to five thousand rupees. \r\n \r\n 141. Entries to be made in seamen’s service book and return of certificates of \r\ncompetency to Officers on discharge.—(1) If a seaman is discharged from a ship in Pakistan, either \r\non his discharge or on payment of his wages, the master shall enter in the seamen’s service book, \r\ndischarge of the seaman under his signature and particulars specifying the period of the seaman's \r\nservice and the date and place of his discharge. \r\n \r\n (2) The master shall upon the discharge of every certificated officer whose certificate of \r\ncompetency has been delivered to, and retained, by him return the certificate to the officer. \r\n \r\n \r\nPage 73 of 233 \r\n \r\n(3) If a master acts in contravention of sub-section (1), or fails, without reasonable cause, to \r\nreturn the certificate of competency to the officer concerned as required by sub-section (2), he shall \r\nfor each offence, be liable to a fine which may extend to ten thousand rupees. \r\n \r\n 142. Discharge of a seaman abroad.—(1) When the master of a Pakistani ship \r\ndischarges a seaman at any port or place outside Pakistan, except at a port or place in a \r\ncountry in which the seaman was engaged, the provisions of this Ordinance respecting the discharge \r\nof seaman in Pakistan shall apply subject to the following modifications, namely:— \r\n \r\n(a)  at a port or place having a Pakistani consular officer:— \r\n \r\n(i)  the master shall not discharge a seaman except with the previous \r\nsanction of the Pakistan consular officer endorsed on the agreement \r\nwith the crew nor unless the law in force at such port or place prohibits \r\nit, otherwise than in the presence of that officer; \r\n \r\n(ii)  the Pakistan consular officer to whom an application is made for \r\nsanction under clause (i) shall examine the grounds on which the \r\nseaman is proposed to be discharged, and may grant or refuse sanction \r\nas he thinks just, but shall not unreasonably refuse such sanction; and \r\n \r\n(iii)  if a copy of the report as required by sub-section (1) of section 141 is \r\nendorsed on the seaman’s continuous discharge certificate, the Pakistan \r\nconsular officer shall verify the same; and \r\n \r\n(b)  at a port or place where there is no Pakistan consular officer the master may \r\nhimself, if not contrary to any law in force in such port or place, discharge a \r\nseaman and shall, if the seaman so desires, endorse on his continuous dis- \r\ncharge certificate the report as required by sub-section (1) of section 141. \r\n \r\n (2) As soon as may be after a seaman has been discharged under sub-section (1), the master \r\nshall sign and send to the Shipping Master before whom the crew was engaged a full and accurate \r\nstatement in the form sanctioned by the Federal Government of the seaman so discharged. \r\n \r\n (3) If a master acts in contravention of this section he shall, for each offence, be liable to a \r\nfine which may extend to five thousand rupees. \r\n \r\n 143. Discharge of seamen and apprentices on change of ownership.—(1) Where a \r\nPakistani ship is transferred or disposed of at any port or place outside Pakistan, every \r\nseaman and apprentice belonging to that ship shall be discharged at that port or place unless the \r\nseaman or apprentice consents in writing in the presence of the Pakistan consular officer to \r\ncomplete the voyage of the ship if continued. \r\n \r\n (2) Where a seaman or apprentice is so discharged, the provisions of this Ordinance as to \r\ncontinuous discharge certificate and the repatriation of the seaman or apprentice to a proper \r\nreturn port shall apply as if the service of the seaman or apprentice had terminated otherwise than by \r\nthe consent of the seaman to be discharged during the currency of the agreement. \r\n \r\n 144. Transmission of documents on transfer of seaman from one ship to another.—(1) \r\nWhere a seaman is transferred under his agreement from one ship to another the master of the \r\n \r\nPage 74 of 233 \r\n \r\nship from which the seaman is transferred shall, as soon as practicable, transmit to the master of \r\nthe other ship all documents in his possession relating to the seaman. \r\n \r\n (2) If the master fails, without reasonable cause, to comply with sub-section (1) he shall, \r\nfor each offence, be liable to a, fine which may extend to five thousand rupees. \r\n \r\n 145. Repatriation of seamen and apprentices on termination of service abroad.—(1) \r\nWhen the service of a seaman or apprentice terminates, without the consent of the seaman or \r\napprentice at a port or place outside Pakistan, and before the expiration of the period for which \r\nthe seaman was engaged or the apprentice was bound, the master or owner of the ship shall, in \r\naddition to any other relative obligation imposed on either of them under this Ordinance, \r\nmake adequate provision for the maintenance of the seaman or apprentice according to his rank or \r\nrating, and for the return of that seaman or apprentice to a proper return port. \r\n \r\n (2) If the master or owner fails without reasonable cause to comply with sub-section (1), the \r\nexpenses of maintenance and of the journey to the proper return port shall, if defrayed by the \r\nseaman or apprentice, be recoverable as wages due to him, and if defrayed by a Pakistan \r\nconsular officer, be regarded as expenses failing within the provisions of sub-section (2) of section \r\n181. \r\n \r\n Explanation.—Inability to provide the said expenses shall not, for the purposes of this sub-\r\nsection, be regarded as reasonable case. \r\n \r\n 146. Leaving behind in Pakistan a seaman or apprentice shipped abroad.—(1) The \r\nmaster of a ship shall not discharge at any port or place in Pakistan a seaman or apprentice \r\nshipped outside Pakistan unless he previously obtains sanction in writing of a Shipping Master, but \r\nsuch sanction shall not be refused when the seaman or apprentice is discharged on the expiration of \r\nthe period for which the seaman was engaged or the apprentice was bound. \r\n \r\n (2) Subject to the provisions of sub-section (1), the sanction may be given or refused at the \r\ndiscretion of the Shipping Master and whenever it is refused the reasons for so refusing it shall be \r\nrecorded by him. \r\n \r\n 147. Leaving behind a seaman or apprentice by masters of Pakistani ships.—(1) the \r\nMaster of a Pakistani ship shall not leave a seaman or apprentice behind at any port or place outside \r\nPakistan except where the seaman or apprentice is discharged in accordance with this Ordinance, \r\nunless he previously obtains from Pakistan consular officer a certificate endorsed on the agreement \r\nwith the crew and stating the cause of the seaman or apprentice being left behind. \r\n \r\n (2) The Pakistan consular officer to whom an application is made, for a certificate under \r\nwhich the seaman or apprentice is to be left behind, may grant or refuse the certificate as he thinks \r\njust. \r\n \r\n (3) As soon as may be, after a seaman or apprentice is left behind under subsection (1), \r\nthe master shall sign and send to the Shipping Master before whom the crew was engaged a \r\nfull and accurate statement in the form sanctioned by the Federal Government of the seaman or \r\napprentice so left behind. \r\n \r\n (4) If a master acts in contravention of any of the provisions of this section, he shall, for \r\neach offence, be liable to a fine which may extend to ten thousand rupees. \r\n \r\nPage 75 of 233 \r\n \r\n 148. Wages and other property of seaman or apprentice left behind Pakistani ships \r\nabroad.—(1) If a seaman or apprentice belonging to a Pakistani ship is left behind at any port or \r\nplace outside Pakistan, the master of the ship shall enter in the official log book a statement of the \r\namount due to the seaman or apprentice in respect of wages at the time when he was left behind and \r\nof all property left on board by him, and shall take such property into his charge. \r\n \r\n (2) Within forty-eight hours after the arrival at the port in Pakistan at which the \r\nvoyage terminates, the master shall deliver to the Shipping Master— \r\n \r\n(a)  a statement of the amount due to the seaman or apprentice in respect of wages, \r\nand of all property left on board by him; and \r\n \r\n(b)  a statement, with full particulars, of any expenses that may have been caused \r\nto the master or owner of the ship by the absence of the seaman or apprentice, \r\nwhere the absence is an offence punishable under section 204: and if required \r\nby the Shipping Master to do so shall furnish such vouchers as are reasonably \r\nrequired to verify the statements. \r\n \r\n (3) The master shall at the time when he delivers the statements referred to in sub-section (2) \r\nto the Shipping Master also deliver to him the amount due to the seaman or apprentice in respect of \r\nwages and the property that was left on board by him, and the Shipping Master shall give to the \r\nmaster a receipt therefor in the prescribed form. \r\n \r\n (4) The master shall be entitled to be reimbursed out of the wage, or property referred to in \r\nclause (a) of sub-section (2) such expenses shown in the statement referred to in clause (b) of that \r\nsub-section as appear to the Shipping Master to be properly chargeable. \r\n________ \r\n \r\nCHAPTER 11. —WAGES OF SEAMEN \r\n(A) PAYMENT OF WAGES \r\n \r\n 149. Master to deliver account of wages.—(1) The Master of every ship shall, before \r\npaying off or discharging a seaman under this Ordinance, deliver at the time and in the \r\nmanner provided by this Ordinance a full and true account in a form sanctioned by the \r\nFederal Government of the seaman wages and of all deductions to be made therefrom on any account \r\nwhatever. \r\n \r\n (2) The said account shall be delivered— \r\n \r\n(a)  where the seaman is not discharged before Shipping Master, to the seaman \r\nhimself not less than twenty-four hours before his discharge or payment off; \r\nand \r\n \r\n(b)  where the seaman is to be discharged before the Shipping Master, either to the \r\nseaman himself, at or before the time of his leaving the ship, or to the Shipping \r\nMaster not less than twenty-four hours before the discharge or payment off. \r\n \r\n (3) If the master of a ship fails, without reasonable cause, to comply with this section, he \r\nshall, for each offence, be liable to a fine which may extend to ten thousand rupees. \r\n \r\n \r\nPage 76 of 233 \r\n \r\n150. Deduction from wages of seamen.—(1) A deduction from the wages of a \r\nseaman shall not be allowed unless it is included in the account delivered in pursuance of this \r\nOrdinance except in respect of a matter happening after the delivery. \r\n \r\n (2) The master shall, during the voyage, enter the various matters in respect of which the \r\ndeductions are made, with the amount of the respective deductions as they occur in a book to be \r\nkept for that purpose, and shall, if required, produce the book at the time of the payment of wages \r\nand also upon the hearing before any competent authority of any complaint or question relating to \r\nthat payment. \r\n \r\n 151. Disrating of seamen.—(1) Where the master of a ship disrates a seaman, he shall \r\nforthwith enter or cause to be entered in the official log-book a statement of the disrating, and furnish \r\nthe seaman with a copy of the entry; and any reduction of wages consequent on the disrating shall \r\nnot take effect until the entry has been so made and the copy so furnished. \r\n \r\n (2) Any reduction of wages consequent on the disrating of a seaman shall be deemed to be a \r\ndeduction from wages within the meaning of sections 149 and 150. \r\n \r\n 152. Deductions on account of provident fund, etc.—(1) Notwithstanding anything \r\ncontained elsewhere in this Ordinance, or in any other law for the time being in force, a deduction \r\nmay be made from the wages of a seaman either monthly or at the end of a voyage as applicable in \r\neach case, on account of provident fund, pension, social insurance, gratuity or any other fund \r\napproved by the Federal Government for the purpose. \r\n \r\n (2) The Federal Government may make rules with regard to the manner in which the \r\ndeductions from the wages may be made and the amount of such deductions for the purposes of such \r\nfund, and the collection, deposit, withdrawal, administration, disbursement, expenditure and other \r\nancillary matters relating thereto. \r\n \r\n 153. Payment of wages before Shipping Master.—(1) Where a seaman is discharged \r\nbefore a Shipping Master in Pakistan, the master or owner of the ship shall pay the wages of the \r\nseaman through, or in the presence of, the Shipping Master unless a competent court otherwise \r\ndirects; and in such a case, if the master or owner pays the wages in the other manner, he shall be \r\nliable to a fine which may extend to ten thousand rupees. \r\n \r\n (2) If the master or owner, of a home-trade ship of a gross tonnage of less than two hundred, \r\nso desires he may pay the wages of the seaman of that ship in the same manner as a seaman \r\ndischarged from a foreign-going ship is paid. \r\n \r\n    154. Time of payment of wages.—(1) The master or owner of every ship discharging a \r\nseaman under this Ordinance shall pay to every seaman his wages within five days of the seamen's \r\ndischarge and the seaman shall at the time of his discharge, be entitled to be paid on this account a \r\nsum equal to his balance or wages due to him. \r\n \r\n (2) If the seaman consents, the final settlement of his wages may be left to the \r\nShipping Master, and the receipt of the Shipping Master shall in that case operate as if it were a \r\nrelease given by the seaman in accordance with this Chapter. \r\n \r\n (3) In the event of the seaman's wages or any part thereof not being settled under sub- \r\nsection (2), then unless the delay is due to the act or default of the seaman or to any \r\n \r\nPage 77 of 233 \r\n \r\nreasonable dispute as to liability or to any other cause not being the wrongful act or default of the \r\nowner or master, the seamen's wages shall continue to run and be payable until the time of the \r\nfinal settlement thereof. \r\n \r\n (4) If the Master or owner, except in a case where final settlement of wages is left to a \r\nShipping Master under sub-section (2), fails, without reasonable cause, to make payment as required \r\nby sub-section (1), he shall pay to the seaman such sum not exceeding the amount of two days' pay \r\nfor each of the days during which the payment is delayed the Shipping Master may, in each case, \r\ndecide. \r\n \r\n (5) Any sums payable under sub-section (4) may be recovered as wages. \r\n \r\n 155. Settlement of wages.—(1) Where a seaman is discharged and the settlement of his \r\nwages completed before a Shipping Master, he shall sign in the presence of the Shipping Master a \r\nrelease in a form sanctioned by the Federal Government of all claims in respect of the past voyage \r\nor engagement, and the release shall also be signed by the master or owner of the ship and attested \r\nby the Shipping Master. \r\n \r\n (2) The release so signed and attested shall be retained by the Shipping Master and shall \r\noperate as a mutual discharge and settlement of all demands between the parties thereto in respect of \r\nthe past voyage or engagement. \r\n \r\n (3) A copy of the release, certified under the hand of the Shipping Master to be a true copy, \r\nshall, on payment of the prescribed fee, be given by him to any party thereto requiring the same, and \r\nsuch copy shall be receivable in evidence upon any future question touching such claims, and shall \r\nhave all the effect of the original of which it purports to be a copy. \r\n \r\n (4) Where the settlement of a seaman's wages is by this Ordinance required to be completed \r\nthrough or in the presence of, a Shipping Master, no payment, receipt or settlement made otherwise \r\nthan in accordance with this Ordinance shall operate or be admitted as evidence of the release or \r\nsatisfaction of any claim. \r\n \r\n (5) Upon any payment being made by a master before a Shipping Master, the Shipping \r\nMaster shall, if required, sign and give to the master a statement of the whole amount so paid, \r\nand this statement shall, as between the master and his employer, be admissible as evidence that the \r\nmaster has made the payments therein mentioned. \r\n \r\n (6) Notwithstanding anything contained in the preceding sub-sections a seaman may except \r\nfrom the release signed by him, any specified claim or demand against the master or owner of the \r\nship, and a note of any claim or demand so excepted shall be entered upon the release; and the \r\nrelease shall not operate as a discharge and settlement of any claim or demand so noted, nor \r\nshall sub-section (4) apply to any payment, receipt or settlement made with respect to any such claim \r\nor demand. \r\n \r\n 156. Decision of disputes by Shipping Master.—(1) Where under the agreement with \r\nthe crew any dispute arises at any port in Pakistan between the master, owner or agent of a ship and \r\nany of the crew of the ship, it shall be submitted to the Shipping Master- \r\n \r\n(a)  where the amount in dispute does not exceed five thousand rupees, at the \r\ninstance of either party to the dispute; and \r\n \r\nPage 78 of 233 \r\n \r\n \r\n(b)  in any other case, if both parties to the dispute agree in writing to submit the \r\ndispute to the Shipping Master. \r\n \r\n (2) The Shipping Master shall hear and decide the dispute so submitted and an award made \r\nby him upon the submission shall be conclusive as to the rights of the parties, and any document \r\npurporting to be such submission or award shall be prima face evidence thereof: \r\n \r\n Provided that if, in any case, the Shipping Master is of opinion that any question of law is \r\ninvolved he may refer the case for opinion of the High Court. \r\n \r\n (3) An award made by a Shipping Master under this section may be enforced by a Magistrate \r\nin the same manner as an order for the payment of wages made by a Magistrate under this \r\nOrdinance. \r\n \r\n (4) Nothing in the Arbitration Act, 1940 (X of 1940), shall apply to any matter submitted to a \r\nShipping Master for decision under this section. \r\n \r\n 157. Power of Shipping Master to require production of ship's papers.—(1) In any \r\nproceedings under this Ordinance before a Shipping Master relating to the wages, claims or \r\ndischarge of a seaman, the Shipping Master may require the owner or his agent or the master or any \r\nmate or other member of the crew to produce any log-books, papers, or other documents in his \r\npossession or power relating to any matter in question in the proceedings, and may require the \r\nattendance of, and examine on the matter, any of those persons being then at or near the place. \r\n \r\n (2) If any person so required fails, without reasonable cause, to comply with the requisition, \r\nhe shall, for each offence, be liable to a fine which may extend to ten thousand rupees. \r\n \r\n 158. Rate of exchange for payment of seamen in Pakistan.––Where a seaman or \r\napprentice has agreed with the master of a ship for payment of his wages in Pakistan or other \r\ncurrency, and payment of or on account of, his wages, if made in any currency other than that \r\nstated in the agreement shall, notwithstanding anything in the agreement, be made at the rate of \r\nexchange for the time being current at the place where the payment is made. \r\n \r\n(B) RIGHTS OF SEAMEN IN RESPECT OF WAGES \r\n \r\n 159. Right to wages and provisions.––A seaman's right to wages and provisions shall be \r\ntaken to begin either at the time at which he commences work or at the time specified in the \r\nagreement for his commencement of work or presence on board, whichever first happens. \r\n \r\n 160. Wages not to depend on freight.—(1) The right to wages shall not depend on the \r\nearning of freight, and every seaman and apprentice who would be entitled to demand and recover \r\nany wages if the ship in which he has served had earned freight, shall, subject to all other rules of \r\nlaw and conditions applicable to the case, be entitled to demand and recover the same \r\nnotwithstanding that freight has not been earned; but in all cases of wreck or loss of the ship, proof \r\nthat the seaman has not exerted himself to the utmost to save the ship, cargo and stores shall bar his \r\nclaim to wages. \r\n \r\n (2) Where a seaman or apprentice who would but for death be entitled by virtue of this \r\nsection to demand and recover any wages dies before the wages are paid, they shall be paid and \r\n \r\nPage 79 of 233 \r\n \r\napplied in manner provided by this Ordinance with respect to the wages of a seaman who dies during \r\na voyage. \r\n \r\n 161. Wages on termination of service by wreck, illness, etc.—(1) Where the service of any \r\nseaman engaged under this Ordinance terminates before the date contemplated in the agreement by \r\nreason of the wreck, loss or abandonment of the ship or by reason of his being left on shore at any \r\nplace outside Pakistan under a certificate granted under this Ordinance of his unfitness or inability to \r\nproceed on the voyage, the seaman shall be entitled to receive,–– \r\n \r\n(a)  in the case of wreck, loss or abandonment of this ship,–– \r\n \r\n(i)  wages at the rate to which he was entitled at the date of termination of \r\nhis service for the period from the date his service is so terminated \r\nuntil he is returned to and arrives at a proper return port, or for a period \r\nof one month, whichever be longer; and \r\n \r\n(ii)  compensation for the loss of his effects,–– \r\n \r\n(a)  in the case of a seaman employed on a home-trade ship, of \r\nnot less than one month's wages; and \r\n \r\n(b)  in the case of seaman employed on a foreign going ship, of not \r\nless than three month's wages; and \r\n \r\n(b)  in the case of unfitness or inability to proceed on the voyage, wages for the \r\nperiod from the date his service is terminated until he is returned to and arrives \r\nat a proper return port subject to such limits as may be prescribed. \r\n \r\n (2) A seaman shall not be entitled to receive any wages under sub-clause (i) of clause (a) of \r\nsub-section (1) if he declines to avail himself of the repatriation arrangements made by, or on behalf \r\nof, the owner and approved by the Pakistan consular officer concerned, nor shall a seaman be \r\nentitled to receive such wages in respect of any period during which–– \r\n \r\n(a)  he was, or could have been suitably employed, or \r\n \r\n(b)  through negligence he failed to apply to the proper authority for relief as a \r\ndistressed or destitute seaman. \r\n \r\n (3) This section shall apply to every person employed or engaged in any capacity on board \r\nany ship and for the time being entered on the ship's articles of agreement and to every master, pilot \r\nand apprentice, as it applies to a seaman. \r\n \r\n 162. Wages not to accrue during refusal or imprisonment.–– A seaman or apprentice shall \r\nnot be entitled to wages for any time during which he unlawfully refuses or neglects to work when \r\nso required nor, unless the Court hearing the case otherwise directs, for any period during \r\nwhich he is lawfully imprisoned for any offence committed by him. \r\n \r\n 163. Compensation to seamen.–– If a seaman having signed an agreement is discharged \r\notherwise than in accordance with the terms thereof before the commencement of the voyage or \r\nbefore one month's wages are earned, without fault on his part justifying that discharge and without \r\nhis consent, he shall be entitled to receive from the master or owner, in addition to any wages he \r\n \r\nPage 80 of 233 \r\n \r\nmay have earned, due compensation for the damage caused to him by the discharge not exceeding \r\none month's wages, and may recover that compensation as if it were wages duly earned. \r\n \r\n 164. Restriction on sale of and charges upon wages.—(1) As respects wages due or \r\naccruing to a seaman or apprentice— \r\n \r\n(a)  they shall not be subject to attachment by order of any Court; \r\n \r\n(b)  an assignment or sale thereof made prior to the accruing thereof shall not bind \r\nthe person making the same; \r\n \r\n(c)  a power-of-attorney or authority for the receipt thereof shall not be \r\nirrevocable; and \r\n \r\n(d)  a payment of wages shall be valid in law notwithstanding any previous sale \r\nor assignment of those wages or any attachment or encumbrance thereof. \r\n \r\n (2) The provisions of clauses (b) and (c) of sub-section (1) shall not apply to so much of the \r\nwages of a seaman as have been or are hereafter assigned by way of contribution to any fund \r\napproved in this behalf by the Federal Government, the main purpose of which is the provision of \r\nbenefits for seamen on retirement; and the provisions of clauses (a) and (d) of sub-section (1) shall \r\nnot apply to anything done or to be done for giving effect to such an assignment. \r\n \r\n (3) Nothing in this section shall affect the provisions of this Ordinance or any other law \r\nfor the time being in force with respect to allotment notes. \r\n \r\n 165. Summary proceedings for wages.––A seaman or apprentice or a person duly \r\nauthorised on his behalf may, as soon as any wages due to him become payable, use for the same in \r\na summary manner before any magistrate exercising jurisdiction in or near the place at which his \r\nservice has terminated or at which he has been discharged or at which any person upon whom \r\nthe claim is made is or resides, and the order made by the magistrate in the matter shall be final. \r\n \r\n 166. Restrictions on suits for wages.–– A proceeding for the recovery of wages shall not \r\nbe instituted by, or on behalf of, any seaman or apprentice in any Civil Court— \r\n \r\n(a)  where the owner of the ship is adjudged bankrupt or declared insolvent; \r\n \r\n(b)  where the ship is under arrest or is sold by the authority of any Court; or \r\n \r\n(c)  where a Magistrate under the authority of this Ordinance refers a claim to the \r\nCourt. \r\n \r\n(C) ADVANCES AND ALLOTMENT OF WAGES \r\n \r\n 167. Advances and allotments.—(1) Any agreement with the crew may contain a \r\nstipulation for payment to a seaman, conditional on his going to sea in pursuance of the agreement, \r\nof a sum not exceeding the amount of one month's wages payable to the seaman under the \r\nagreement. \r\n \r\n \r\nPage 81 of 233 \r\n \r\n (2) Stipulations for the allotment of a seaman's wages may be made in accordance with \r\nthis Ordinance. \r\n \r\n (3) Save as aforesaid an agreement by or on behalf of the employer of a seaman for the \r\npayment of money to or on behalf of the seaman conditional on his going to sea from any port in \r\nPakistan shall be void, and no money paid in satisfaction or in respect of any such agreement shall \r\nbe deducted from the seaman's wages and a person shall not have any right of action, suit or set-off \r\nagainst the seaman or his assignee in respect of any money so paid or purporting to have been so \r\npaid. \r\n \r\n (4) No seaman, who has been lawfully engaged and has received under his agreement an \r\nadvance payment shall, wilfully or through misconduct, fail to attend his ship or desert therefrom \r\nbefore the payment becomes really due to him. \r\n \r\n (5) Where it is shown to the satisfaction of the Shipping Master that a seaman lawfully \r\nengaged has wilfully or through misconduct failed to join the ship, the Shipping Master may \r\nwithhold any of the seaman's certificate of discharge for such period as he may think fit, and while \r\na seaman's certificate of discharge is so withheld, the Shipping Master may refuse to furnish \r\ncopies of any such certificate or certified extracts therefrom. \r\n \r\n 168. Stipulations as to allotment notes.—(1) Any stipulation made by a seaman at the \r\ncommencement of a voyage for the allotment of any part of his wages during his absence shall be \r\ninserted in the agreement with the crew, and shall state the amounts and times of the payments to be \r\nmade. \r\n \r\n (2) A seaman may require that a stipulation be inserted in the agreement for the allotment, by \r\nmeans of an allotment note, of any part, not exceeding two-thirds, of his wages in favour either of a \r\nrelative of the seaman, or some member of his family, or a Saving Bank or a fund approved by the \r\nFederal Government, to be named in the note. \r\n \r\n (3) Allotment notes shall be in the form as the Federal Government may prescribe. \r\n \r\n 169. Payment of sums allotted.—(1) The owner or any agent who has authorised the \r\ndrawing of an allotment note shall pay or remit to the persons nominated in this behalf by the \r\nseaman the amount mentioned in such note, and inform the Shipping Master that this has been \r\ndone. \r\n \r\n (2) If any owner or agent fails to pay, or remit as aforesaid, any such amount the \r\nShipping Master shall demand the sums due under the allotment note and if the owner or agent \r\nfails to pay such sums to the Shipping Master, the Shipping Master may sue for and recover the \r\nsame with costs: \r\n \r\n Provided that no such sum shall be recoverable if it is shown to the satisfaction of the Court \r\nor Magistrate trying the case that the seaman has forfeited or ceased to be entitled to the wages \r\nout of which the allotment was to have been paid, but the seaman shall be presumed to be duly \r\nearning his wages unless the contrary is shown to the satisfaction of the Court or Magistrate either \r\nby the official statement of the change in the crew caused by his absence made and signed by the \r\nmaster as by this Ordinance is required, or by a certified copy of some entry in the official log-\r\nbook to the effect that he has died or left the ship, or by a credible letter from the master of the ship \r\n \r\nPage 82 of 233 \r\n \r\nto the same effect, or by such other evidence, of whatever description, as the Court or Magistrate \r\nmay consider sufficient. \r\n \r\n (3) The Shipping Master on receiving any such sum as aforesaid shall pay it over to the \r\nperson, bank or fund named in that behalf in the allotment note. \r\n \r\n (4) All such receipts and payment shall be entered in a book to be kept for the \r\npurpose, and all entries in the said book shall be authenticated by the signature of a Shipping Master. \r\n \r\n (5) The said book shall, at all reasonable times be open to the inspection of the parties \r\nconcerned. \r\n________ \r\n \r\nCHAPTER 12. —PROPERTY OF DECEASED SEAMEN \r\n \r\n 170. Master to take charge of the effects of deceased seaman.—(1) If any seaman or \r\napprentice engaged on any ship, the voyage of which is to terminate in Pakistan, dies during \r\nthat voyage, the master of the ship shall immediately report the death to the Shipping Master at the \r\nport of engagement of the seaman and take charge of any money or effects belonging to the seaman \r\nor apprentice which are on board the ship. \r\n \r\n (2) The master may, if he thinks fit, cause any effects to be sold by public auction. \r\n \r\n (3) The master shall enter in the official log-book the following particulars, namely: \r\n \r\n(a)  A Statement of the amount of money and description of the effects; \r\n \r\n(b)  in the case of a sale, a description of each article sold and the sum received for \r\neach; and \r\n \r\n(c)  a statement of the sum due to the deceased for wages and of the amount of \r\ndeduction, if any, to be made from the wages. \r\n \r\n (4) The said money, effects, proceeds of sale of effects and balance of wages are in this \r\nOrdinance referred to as the property of the seaman or apprentice. \r\n \r\n 171. Disposal of property of seaman who dies during the voyage.—(1) Where a \r\nseamen or apprentice dies as aforesaid and the ship, before coming to a port in Pakistan, touches and \r\nremains for more than forty-eight hours at some port elsewhere the master shall report the case to the \r\nPakistan consular officer at such port and shall give to that officer any information he requires as to \r\nthe destination of the ship and probable length of the voyage. \r\n \r\n (2) The Pakistan consular officer may, if he thinks it expedient require the property of the \r\nseaman or apprentice to be delivered and paid to him and shall thereupon give to the master a receipt \r\nthereof and endorse under his hand upon the agreement with the crew such particulars with respect \r\nthereto as the Federal Government may require. \r\n \r\n (3) The receipt shall be produced by the master to the Shipping Master within forty-eight \r\nhours after his arrival at his port of destination in Pakistan. \r\n \r\n \r\n (4) Where a seaman or apprentice dies as aforesaid and the ship proceeds at once to a port in \r\nPakistan without touching and remaining as aforesaid at a port elsewhere or the Pakistan consular \r\n \r\nPage 83 of 233 \r\n \r\nofficer does not require the delivery and payment of the property as aforesaid the master shall, \r\nwithin forty-eight hours after his arrival at his port of destination in Pakistan, pay and deliver the \r\nproperty to the Shipping Master at that port. \r\n \r\n (5) A deduction claimed by the master in such account shall not be allowed unless verified \r\nby an entry in the official log-book, and also by such vouchers, if any, as may be reasonably \r\nrequired by the Shipping Master. \r\n \r\n (6) A Shipping Master in Pakistan shall grant to a master, upon due compliance with such \r\nprovisions of this section as relate to acts to be done at the port of destination, a certificate to \r\nthat effect. \r\n \r\n 172. Liability of master in respect of property of deceased seamen, etc.—(1) If the \r\nmaster fails to comply with the provisions of this Ordinance with respect to taking charge of the \r\nproperty of a deceased seamen or apprentice, or to making in the official logbook the proper entries \r\nrelating thereto, or to the payment or delivery of such property, he shall, notwithstanding any penalty \r\nto which he may be liable under this Ordinance, be accountable for the property to the Shipping \r\nMaster as aforesaid and shall pay and deliver the same accordingly; and shall in addition be \r\npunishable, for each offence, with fine not exceeding three times the value of the property not \r\naccounted for or, if such value is not ascertained, with fine which may extend to ten thousand \r\nrupees. \r\n \r\n (2) The property may be recovered in the same Court and manner in which the wages of \r\nseamen may be recovered under this Ordinance. \r\n \r\n 173. Property of deceased seamen left abroad but not on board ship.–– If any \r\nseaman or apprentice on a Pakistani ship, or engaged in Pakistan on any other ship, the \r\nvoyage of which is to terminate in Pakistan, dies at any place outside Pakistan leaving any money or \r\neffects not on board the ship, the Pakistan consular officer at or near the place shall claim and take \r\ncharge of such money and other effects, hereinafter referred to as the property of a deceased seaman \r\nor apprentice. \r\n \r\n 174. Dealing with property of deceased seamen.—(1) A Pakistani consular officer or a \r\nShipping Master to whom the effects of a deceased seaman or apprentice are delivered or who takes \r\ncharge of such effects under this Ordinance may, if he thinks fit, sell the effects and the proceeds \r\nof any such sale shall be deemed to form part of the property of the deceased seaman or \r\napprentice. \r\n \r\n (2) Before selling any valuables comprised in the said effects, such officer or Shipping \r\nMaster shall endeavor to ascertain the wishes of the next-of-kin of the deceased seaman or \r\napprentice as to the disposal of such valuables and shall, if practicable and lawful, comply with such \r\nwishes. \r\n \r\n (3) A Pakistan consular officer to whom any property of a deceased seaman or apprentice \r\nis delivered or who takes charge of any such property under this Ordinance, shall remit the property \r\nto the Shipping Master at the port of engagement of the deceased seaman or apprentice in such \r\nmanner and shall render such accounts in respect thereof as may be prescribed. \r\n \r\n 175. Recovery of wages, etc., of seamen lost with their ship.—(1) Where a seaman or \r\napprentice is lost with the ship to which he belongs, the Federal Government or such officer as \r\n \r\nPage 84 of 233 \r\n \r\nthe Federal Government may appoint in this behalf, may recover the wages and the compensation \r\ndue to him from the owner, master or agent of the ship in the same Court and in the same manner \r\nin which seaman's wages are recoverable, and shall deal with these wages in the same manner as \r\nwith the wages and compensation due to other deceased seamen or apprentices under this Ordinance. \r\n \r\n (2) In any proceeding for the recovery of the wages and compensation, if it is shown by \r\nsome official records or by other evidence that the ship has, twelve months or upwards before the \r\ninstitution of the proceeding, left any port, she shall, unless it is shown that she has been heard of \r\nwithin twelve months after the departure, be deemed to have been lost with all hands on board either \r\nimmediately after the time she was last heard of or at such later time as the Court hearing the case \r\nmay think probable. \r\n \r\n (3) Any duplicate agreement or list of the crew made out, or statement of a change of the \r\ncrew delivered under this Ordinance at the time of last departure of the ship from Pakistan, or a \r\ncertificate purporting to be a certificate from a Pakistan consular officer at any port of Pakistan, \r\nstating that certain seamen or apprentices were shipped in the ship from the said port shall be, in the \r\nabsence of proof to the contrary, sufficient proof that the seaman or apprentices therein named as \r\nbelonging to the ship were on board at the time of the loss. \r\n \r\n 176. Property of seamen dying in Pakistan.––If a seaman or apprentice dies in Pakistan \r\nand is at the time of his death entitled to claim from the master or owner of the ship in which he has \r\nserved any effects or unpaid wages, the master, owner or agent shall pay and deliver or account for \r\nsuch property to the Shipping Master at the port where the seaman or apprentice was discharged or \r\nwas to have been discharged or to such other officer as the Federal Government may direct. \r\n \r\n 177. Payment over property of deceased seamen be Shipping Master.––Where any \r\nproperty of a deceased seaman or apprentice is paid or delivered to a Shipping Master, the Shipping \r\nMaster after deducting for expenses incurred in respect of that seaman or apprentice or of his \r\nproperty such sums as he thinks proper to allow, may— \r\n \r\n(a)  pay and deliver the residue to any claimants who can prove themselves to the \r\nsatisfaction of the said Shipping Master to be entitled thereto, and the said \r\nShipping Master shall be thereby discharged from all further liability in \r\nrespect of the residue so paid or delivered; or \r\n \r\n(b)  if he thinks fit so to do, require probate or letters of administration or a \r\ncertificate under the Succession Act, 1925 (XXXIX of 1925), to be taken out, \r\nand thereupon pay and deliver the residue to the legal representative of the \r\ndeceased. \r\n \r\n 178. Disposal of unclaimed property of deceased seamen.—(1) Where no claim to the \r\nproperty of a deceased seamen or apprentice received by a Shipping Master is substantiated within \r\none year from the receipt thereof by such Shipping Master, the Shipping Master shall cause such \r\nproperty to be sold and pay the proceeds of the sale into the public treasury. \r\n \r\n (2) If, after any money has been so paid into the public treasury, and claim is made thereto, \r\nthen if the claim is established to the satisfaction of the Shipping Master, the amount, or so much as \r\nshall appear to be due to the claimant, shall be paid to him and if the claim is not so established, it \r\nshall be rejected and the claimant may thereupon apply by petition to the High Court which shall, \r\nafter taking evidence either orally or on affidavit make such order on the petition as shall seem just: \r\n \r\nPage 85 of 233 \r\n \r\n \r\n Provided that, after the expiration of six years from the receipt of such property by the \r\nShipping Master, no claim to such property shall be entertained by the Shipping Master without the \r\nsanction of the Federal Government. \r\n__________ \r\n \r\nCHAPTER 13. —DISTRESSED SEAMEN \r\n \r\n 179. Application of Chapter to apprentices.–– This Chapter shall apply to apprentices as it \r\napplies to seamen. \r\n \r\n 180. Power to make rules with respect to distressed seamen.––The Federal Government \r\nmay make rules with respect to the relief, maintenance and return to a proper return port of a \r\nshipwrecked seamen found in distress at any place in or out of Pakistan, and with respect to the \r\ncircumstances in which and the conditions subject to which, seamen may be relieved and provided \r\nwith passages, and generally for carrying out the purposes of this Chapter; and a distressed seaman \r\nshall not have any right to be relieved, maintained or sent to a proper return port except in the cases \r\nand to the extent and on the conditions as may be prescribed. \r\n \r\n 181. Relief and maintenance of distressed seamen.—(1) The Pakistan consular officer \r\nat or near the place outside Pakistan where a seaman is in distress shall, on application being made \r\nto him by or on behalf of the distressed seaman, provide in accordance with rules made in this \r\nbehalf for the return of the seaman to a proper return port and also for his necessary clothing \r\nand maintenance until his arrival at such port. \r\n \r\n (2) Where any expenses, other than excepted expenses are incurred by or on behalf of the \r\nFederal Government on account of a distressed seaman either for his maintenance, necessary \r\nclothing, conveyance to a proper return port, or in case of death, for his burial or otherwise in \r\naccordance with this Ordinance, those expenses, together with the wages, if any, due to the seaman, \r\nshall be a charge upon the ship, whether a Pakistani ship or not, to which the distressed seaman \r\nbelonged, and shall be a debt due to the Federal Government from the master of the ship or from \r\nthe owner of the ship for the time being, or, where the ship has been lost, from the person who \r\nwas the owner of the ship at the time of the loss, or where the ship has been transferred to some \r\nperson not being a citizen of Pakistan, either from the owner for the time being or from the \r\nperson who was the owner of the ship at the time of the transfer, and also, if the ship be a ship other \r\nthan a Pakistani ship, from the person, whether principal or agent, who engaged the seaman for \r\nservice in the ship. \r\n \r\n (3) All excepted expenses incurred by, or on behalf of, the Federal Government in accordance \r\nwith the provisions of this Ordinance shall constitute a debt due to the Federal Government for \r\nwhich the seaman in respect of whom they were incurred and the owner or agent of the ship to \r\nwhich that seaman belonged at the time of his discharge or other event which resulted in his \r\nbecoming a distressed seaman shall be jointly and severally liable; and the owner or agent shall be \r\nentitled to recover from the seaman any amount paid by the owner or agent to the Federal \r\nGovernment in settlement or part settlement of such debt, and may apply to the satisfaction of his \r\nclaim so much as may be necessary of any wages due to the seaman. \r\n \r\n (4) All excepted expenses incurred in accordance with the provisions of this Ordinance in \r\nrespect of any distressed seaman by the owner or agent of the ship to which the seaman belonged at \r\nthe time of his discharge or other event which resulted in his becoming a distressed seaman shall \r\nconstitute a debt due to the owner or agent for which the seaman shall be liable; and the owner or \r\n \r\nPage 86 of 233 \r\n \r\nagent may apply to the satisfaction of his claim so much as may be necessary of any wages due to \r\nthe seaman, but shall not be entitled to recover from the seaman any repatriation expenses other than \r\nexcepted expenses. \r\n \r\n (5) In any proceedings for the recovery of any expenses which in terms of sub-section (2) or \r\nsub-section (3) are a debt due to the Federal Government, the production of an account of the \r\nexpenses and proof of payment thereof by, or on behalf of, or under the direction of, the Federal \r\nGovernment shall be prima facie evidence that the expenses were incurred in accordance with the \r\nprovisions of this Ordinance by or on behalf of the Federal Government. \r\n \r\n (6) Any debt which may be due to the Federal Government under this section may be \r\nrecovered by any officer authorised by it in writing in this behalf from the person concerned in the \r\nsame manner in which wages may be recovered by seamen. \r\n \r\n (7) For the purpose of this section, “excepted expenses” are expenses incurred in cases where \r\nthe certificate of the proper authority obtained on leaving a seaman behind states, or the Federal \r\nGovernment is otherwise satisfied, that the cause of the seaman being left behind is desertion, \r\ndisappearance, imprisonment for misconduct, or discharge from the ship on the ground of \r\nmisconduct, or otherwise due to the fault of the seamen. \r\n \r\n 182. Mode of providing for return of seamen to proper port.—(1) A seaman may be \r\nsent to a proper return port by reasonable route either by sea or land or if necessary by air or partly \r\nby any one and partly by any other of these modes. \r\n \r\n (2) Provision shall be made for the return of the seaman as to the whole of the route if it is \r\nby sea, or as to any part of the route which is by sea by placing the seaman on board a Pakistani \r\nship which is in want of men to make up its complement, or, if that is not practicable, by providing \r\nthe seaman with a passage in any ship, whether a Pakistani ship or not, or with the money for his \r\npassage and, as to any part of the route which is by land or air, by paying the expenses of his \r\njourney and of his maintenance during the journey or providing him with means to pay those \r\nexpenses. \r\n \r\n (3) Where the master of a ship is required under this Chapter to provide for the return of a \r\ndischarged seaman to a proper return port, the master may, instead of providing the seamen's \r\npassage or the expenses of his journey or of providing the seamen with means to pay his passage \r\nor those expenses, deposit with the Pakistan consular officer such sum as that officer considers \r\nsufficient to defray the expenses of the return of the seaman to a proper return port. \r\n \r\n 183. Receiving distressed seamen on ships.—(1) The master of a Pakistani ship shall \r\nreceive on board his ship and afford passage and maintenance to all distressed seamen whom he is \r\nrequired by the Pakistan consular officer or the Shipping Master to take on board his ship, and shall \r\nduring the passage provide every such distressed seaman with accommodation equal to that \r\nnormally provided for the crew of the ship and subsistence proper to the rank or rating of the said \r\ndistressed seaman: \r\n \r\n Provided that the master of the ship shall not be required to receive on board his ship a \r\ndistressed seaman in terms of this section if the Pakistan consular officer or the Shipping Master is \r\nsatisfied that accommodation is not and cannot be made available for such seaman. \r\n \r\n \r\nPage 87 of 233 \r\n \r\n (2) If the master of any such ship, when required so to do under sub-section (1), fails or \r\nrefuses to receive on board his ship, or to give a passage or subsistence to, or to provide for, a \r\ndistressed seaman, he shall, for each offence, be liable to a fine which may extend to five \r\nthousand rupees. \r\n \r\n 184. Pakistan Consular officer of Shipping Master to decide return port to or route by \r\nwhich seaman is to be sent.––If in any case question arises as to what return port a seaman is to be \r\nsent to or as to the route by which he should be sent, it shall be decided by the Pakistan consular \r\nofficer or the Shipping Master, as the case may be, supervising the repatriation and in deciding any \r\nsuch question regard shall be made both to the convenience of the seaman and to the expense \r\ninvolved, and also, where that is the case, to the fact that a Pakistani ship which is in want of men to \r\nmake up its complement is about to proceed to a proper return port. \r\n \r\n 185. Provisions as to taking distressed seamen on ships.—(1) Where a distressed \r\nseaman is for the purpose of his return to a proper return port placed on board a Pakistani ship, \r\nthe Pakistan consular officer or the Shipping Master by whom the seaman is so placed shall endorse \r\non the agreement with the crew of the ship particulars of the seaman so placed on board. \r\n \r\n (2) On the production of a certificate signed by the Pakistan consular officer or the Shipping \r\nMaster, as the case may be, by whose directions distressed seamen were received on board, \r\nspecifying the number and the names of the distressed seamen and the time when each of them was \r\nreceived on board, and on a declaration made by the master stating the number of days during \r\nwhich each distressed seaman has received subsistence, the full complement of his crew and the \r\nactual number of seamen employed on board his ship and every variation in that number, whilst the \r\ndistressed seamen received maintenance, the master shall be entitled to be paid in respect of the \r\nsubsistence and passage of every seaman so conveyed and provided for by him, exceeding the \r\nnumber, if any, wanted to make up the complement of his crew, such sum for each day as the \r\nFederal Government may, by rules made in this behalf, allow. \r\n \r\n 186. What shall be evidence of distress.––In any proceeding under this Chapter, a \r\ncertificate of the Federal Government, or of such officer as the Federal Government may specify in \r\nthis behalf, to the effect that the seaman named therein is distressed shall be conclusive evidence that \r\nsuch seaman is a distressed seaman within the meaning of this Ordinance. \r\n____________ \r\n \r\nCHAPTER 14. —PROVISIONS AND ACCOMMODATION FOR SEAMEN AND THEIR \r\nHEALTH \r\n \r\n 187. Ships to have sufficient provisions and water.—(1) All Pakistani ships and all ships \r\nfor which seamen have been engaged in Pakistan shall have on board sufficient provisions and water \r\nof good quality and fit for the use of the crew according to the scale specified in the agreement with \r\nthe crew. \r\n \r\n (2) If any person making an inspection under section 197 finds that provisions or water \r\nare of bad quality and unfit for use or deficient in quantity, he shall signify it in writing to the \r\nmaster of the ship, and may, if he thinks fit, detain the ship until the defects are remedied to \r\nhis satisfaction, \r\n \r\n (3) If the master does not thereupon provide other proper provisions or water in lieu of any \r\nprovisions so signified to be of bad quality and unfit for use, or does not procure the requisite \r\nquantity of any provisions or water so signified to be deficient in quantity or uses any provisions \r\n \r\nPage 88 of 233 \r\n \r\nor water so signified to be of bad quality and unfit for use, he shall, for each offence, be liable to a \r\nfine which may extend to ten thousand rupees. \r\n \r\n (4) The person making the inspection shall enter a statement of the result of the inspection in \r\nthe official log-book, and shall, if he is not the Shipping Master, send a report thereof to the \r\nShipping Master and that report shall be admissible in evidence in any legal proceeding. \r\n \r\n (5) If the inspection was made in pursuance of a request by members of the crew and the \r\nperson making the inspection certifies in the statement of the result of the inspection that there was \r\nno reasonable ground for the request, every member of the crew who made the request shall be \r\nliable to forfeit to the owner out of his wages a sum not exceeding one week's wages. \r\n \r\n (6) If a master fails to furnish provisions to a seaman in accordance with the agreement \r\nentered into by him and the court considers the failure to be due to the neglect or default of the \r\nmaster, or if a master furnishes to a seaman provisions which are bad in quality or unfit for use, such \r\nmaster shall, for each offence, be liable to a fine which may extend to ten thousand rupees. \r\n \r\n (7) Nothing in sub-section (6) shall affect any claim for compensation under section 188. \r\n \r\n 188. Allowance for short or bad provisions.—(1) In either of the following cases.— \r\n \r\n(a)  if, during the voyage, the allowance of any of provisions for which a seaman \r\nhas by his agreement stipulated is reduced, or \r\n \r\n(b)  if it is shown that any of those provisions are or have during the voyage been \r\nbad in quality or unfit for use; \r\n \r\nthe seaman shall receive by way of compensation for that reduction or bad quality according to the \r\ntime of its continuance such sums as may be prescribed, to be paid to him in addition to, and to be \r\nrecoverable as, wages. \r\n \r\n (2) If it is shown to the satisfaction of the Court before which the case is tried that any \r\nprovisions, the allowance of which has been reduced, could not be procured or supplied in proper \r\nquantity and equivalent substitutes were supplied in liue thereof, the Court shall take those \r\ncircumstances into consideration and modify or refuse the compensation as the justice of the case \r\nrequires: \r\n \r\n Provided that, if the amount of compensation claimed does not exceed five hundred rupees in \r\nrespect of any one seaman, the Shipping Master may, on application of either party settle the \r\ncompensation as if it were a dispute submitted to him under section 156 and the decision of the \r\nShipping Master in the matter shall be final. \r\n \r\n 189. Pakistani foreign going ships to carry duly certificated cooks.—(1) Every Pakistani \r\nforeign-going ship going to sea from any port or place in Pakistan shall be provided with and carry a \r\nduly certificated cook. \r\n \r\n (2) A cook shall not be deemed to be duly certificated within the meaning of this section \r\nunless he is the holder of a certificate of competency in cooking granted by or under the authority \r\nof, or recognised by, the Federal Government on such terms and conditions as may be prescribed in \r\nthis behalf. \r\n \r\nPage 89 of 233 \r\n \r\n \r\n 190. Medicines to be provided and kept on board certain ships.—(1) All Pakistani \r\nforeign-going ships and all home-trade ships shall have always on board a sufficient supply of \r\nmedicines and appliances suitable for diseases and accidents likely to happen on sea voyages \r\naccording to such scale as the Federal Government may, from time to time, by notification in the \r\nOfficial Gazette, fix in respect of a ship or class of ships. \r\n \r\n (2) Every such ship shall also carry such medical guide containing instructions for \r\ndispensing the medicines and using the appliances as may be approved by the Federal Government. \r\n \r\n (3) The Federal Government may, by notification in the Official Gazette, make rules for the \r\nproper maintenance and care of medicines chests, their contents and their regular inspection. \r\n \r\n (4) The master of a ship in respect of which the provisions of this section or of any rules \r\nmade thereunder are contravened shall, for each offence, be liable to a fine which may extend to ten \r\nthousand rupees. \r\n \r\n 191. Certain ships to carry medical officers.—(1) Every foreign-going ship, on hundred \r\npersons (including the crew) or upwards, shall have on board as part of her complement a medical \r\nofficer possessing such qualifications as may be prescribed. \r\n \r\n (2) If any such ship does not carry on board a duly qualified medical officer the ship shall \r\nbe detained until such medical officer is provided. \r\n \r\n (3) Nothing in this section shall apply to any special trade passenger ship including a \r\npilgrim ship. \r\n \r\n 192. Weights and measures on board.—(1) The master of a ship shall keep on board \r\nproper weights and measures for determining the qualities of the several provisions and articles \r\nserved out and shall allow the same to be used at the time of serving out the provisions and articles \r\nin the presence of witnesses whenever any dispute arises about the quantities. \r\n \r\n (2) If the master of a ship fails, without reasonable cause, to comply with sub-section (1), he \r\nshall, for each offence, be liable to a fine which may extend to five thousand rupees. \r\n \r\n 193. Expenses of medical attendance in case of illness.—(1) If the master of, or a \r\nseaman or apprentice belonging to, a Pakistani ship receives any hurt or injury or suffers from any \r\nillness (not being a hurt, injury or illness due to his own wilful act or default or his own \r\nmisbehavior), resulting in his being discharged or left behind at a place other than his proper return \r\nport, the expenses of providing the necessary surgical and medical advice, attendance and treatment \r\nand medicine, and also the expenses of the maintenance of the master, seaman or apprentice until he \r\nis cured, or dies, or is brought back to the port from which he was shipped or other port agreed upon \r\nafter receiving the necessary medical treatment, and of his conveyance to that port, and in case of \r\ndeath, the expenses, if any, of his burial or cremation shall be defrayed by the owner of the ship \r\nwithout any deduction on that account from his wages. \r\n \r\n (2) If the master, seaman or apprentice is on account of any illness or injury temporarily \r\nremoved from his ship, at a port other than his proper return port, for the purpose of preventing \r\ninfection or otherwise for the convenience of the ship, and subsequently returns to his duty, the \r\nexpenses of removal and of providing the necessary surgical and medical advice, attendance and \r\n \r\nPage 90 of 233 \r\n \r\ntreatment and medicine and of his maintenance while away from the ship, shall be defrayed in like \r\nmanner. \r\n \r\n (3) The expenses of all medicines and surgical and medical advice, attendance and treatment, \r\ngiven to a master, seaman or apprentice, while on board his ship, shall be defrayed in like manner. \r\n \r\n (4) Where any expenses referred to in sub-sections (1), (2) and (3) have been paid by the \r\nmaster, seaman or apprentice himself, the same may be recovered as if they were wages duly \r\nearned, and, if any such expenses are paid by the Federal Government, the amount shall be a charge \r\nupon the ship and may be recovered with full costs of suit by the Federal Government. \r\n \r\n 194. Power to make rules 'with respect to crew accommodation.—(1) The Federal \r\nGovernment may, by notification in the official Gazette, make rules with respect to the crew \r\naccommodation to be provided in ships; and different provisions may be made for different classes \r\nof ships and different classes of persons. \r\n \r\n (2) In particular, and without prejudice to the generality of the foregoing power, such rules \r\nmay  provide for all or any of the following matters, namely.— \r\n \r\n(a)  the minimum space for each person which must be provided in any ship to \r\nwhich the rules apply by way of sleeping accommodation for seamen and \r\napprentices and the maximum number of persons by whom any specified part \r\nof such sleeping accommodation may be used; \r\n \r\n(b)  the position in any such ship in which the crew accommodation or any part \r\nthereof may be located and the standards to be observed in the construction, \r\nequipment and furnishing of any such accommodation; \r\n \r\n(c)  the submission to such authority as be specified in this behalf of plans and \r\nspecifications of any works proposed to be carried out for the provisions or \r\nalteration of any such accommodation and the authorization of that authority \r\nto inspect any such works; \r\n \r\n(d)  the maintenance and repair of any such accommodation and the prohibition or \r\nrestriction of the use of any such accommodation for purposes other than those \r\nfor which it is designed; and \r\n \r\n(e)  the manner as to how ships registered or under construction at the \r\ncommencement of any such rules may be dealt with after such \r\ncommencement. \r\n \r\n (3) If any person making an inspection under section 197 finds that the crew accommodation \r\nis unsanitary or is not in accordance with the provisions of this Ordinance, he shall signify it in \r\nwriting to the master of the ship and may, if he thinks fit, detain the ship until the defects are \r\nremedied to his satisfaction. \r\n \r\n Explanation.–In this section, the expression “crew accommodation” includes sleeping rooms, \r\nmess room, sanitary accommodation, hospital accommodation, recreation accommodation, store \r\nrooms and catering accommodation provided for the use of seamen, not being accommodation \r\nwhich is also used by, or provided for the use of passengers. \r\n \r\nPage 91 of 233 \r\n \r\n \r\n (4) The Federal Government may exempt any ship or class of ships from the requirements of \r\nany rules made under this section either absolutely or subject to such conditions as it may consider \r\nfit. \r\n \r\n 195. Inspection of crew accommodation when a ship is re-registered.––Whenever a ship \r\nto which the rules made under section 194 apply, is registered or re-registered in Pakistan, or the \r\ncrew accommodation of a ship has been substantially altered or reconstructed, or a complaint in \r\nrespect of crew accommodation has been made in accordance with the rules, and on such other \r\noccasions as may be required under the rules, a surveyor shall inspect the crew accommodation \r\nand satisfy himself that the requirements of crew accommodation have been duly complied with. \r\n \r\n 196. Bedding, towels, etc., to be provided.—(1) The owner of every Pakistani ship shall \r\nsupply or cause to be supplied to every seaman for his personal use such clothing, bedding, towels, \r\nmess utensils and other articles of such quality and according to such scales as may be prescribed. \r\n \r\n (2) If any requirement of sub-section (1) is not complied with in the case of any ship the \r\nowner thereof, unless he proves that the non-compliance was not caused by his inattention, neglect or \r\nwilful default, shall be liable to a fine which may extend to five thousand rupees. \r\n \r\n 197. Inspection of provisions, water and medicines.—(1) A Shipping Master, surveyor, \r\nSeamen's Welfare Officer, Port Health Officer, Pakistan consular officer or other officer duly \r\nappointed in this behalf by the Federal Government at any port— \r\n \r\n(a)  in the case of any ship upon which seamen have been shipped at that port, may \r\nat any time; and \r\n \r\n(b)  in the case of a Pakistani ship, may at any time, and, if the master or three or \r\nmore of the crew so request, shall enter on board the ship and inspect— \r\n \r\n(i)  the provisions and water; \r\n \r\n(ii)  the medicines and appliances; \r\n \r\n(iii)  the weights and measures; and \r\n \r\n(iv)  the crew accommodation, \r\n \r\n with which the ship is required to be provided by or under this Ordinance. \r\n \r\n (2) If any person making an inspection under this section finds that the crew accommodation \r\nis unsanitary or is not in accordance with the provisions of this Ordinance, he shall signify it in \r\nwriting to the master and may, if he thinks fit, detain the ship until the defects are remedied to \r\nhis satisfaction. \r\n \r\n 198. Inspection by master of provisions, water and accommodation at sea.––The master \r\nof every Pakistani ship while at sea shall, at least once in a week, cause an inspection to be made \r\nof the provisions and water provided for the use of the seamen and apprentices and the crew \r\naccommodation, for the purpose of ascertaining whether the same are being maintained in \r\n \r\nPage 92 of 233 \r\n \r\naccordance with the requirements of this Ordinance, and the person making the inspection shall enter \r\na statement of the result of the inspection in a separate book kept for the purpose. \r\n___________ \r\n \r\nCHAPTER 15. —DISCIPLINE OF SEAMEN AND APPRENTICES \r\n \r\n 199. Definitions.–(1) In this Chapter unless there is anything repugnant in the subject or \r\ncontext–– \r\n(a)  “officer” means an officer qualified for the purposes of section 93 of this \r\nOrdinance or duly certificated under the Merchant Shipping Law previously in \r\nforce; and \r\n \r\n(b)  “seaman” does not include an officer. \r\n \r\n 200. Master's power of arrest.––The master of any ship registered in Pakistan may cause \r\nany person on board the ship to be put under restraint if, and for so long as, it appears to him \r\nnecessary or expedient in the interest of safety or for the preservation of good order or discipline on \r\nboard the ship. \r\n \r\n 201. Maintenance of discipline.––The master shall have the power and authority to give \r\nany command or order to any officer or seaman or apprentice or other person on board which he \r\nconsiders to be necessary for the maintenance of discipline among seamen on board generally or for \r\nthe navigation or safety of the vessel or for the safety of the person or property on board, and \r\nevery such command or order shall be obeyed and carried out by the person to whom it is given. \r\n \r\n 202. On change of master, documents to be handed over to successor.—(1) The master \r\nof any Pakistani ship who, during the progress of a voyage, is removed or superseded or for any \r\nother reason quits the ship, and is succeeded in the command by some other person holding \r\nappropriate certificate of competency, shall deliver to his successor all documents relating to the \r\nnavigation of the ship, including the information required to be carried under section 334 and 388, \r\nand the crew thereof which are in his custody; and such successor shall, immediately on assuming \r\nthe command of the ship, enter in the official log-book a list of the document so delivered to him. \r\n \r\n (2) It is hereby declared that for the purpose of sub-section (1) the documents relating to the \r\nnavigation of the ship shall include documents (i) safety certificates; (ii) safety construction \r\ncertificate; (iii) international load line certificate; (iv) safety equipment certificates; (v) safety radio \r\ntelegraphy certificate; (vi) safety radio telephony certificate; (vii) exemption certificates, and (viii) \r\ncertificate of registry or any other documents that may be prescribed. \r\n \r\n (3) The master of a ship who fails to deliver the documents as required by sub-section (1) \r\nshall be liable to a fine which may extend to ten thousand rupees. \r\n \r\n 203. Misconduct endangering life or ship.––If a master, officer, seaman or apprentice \r\nbelonging to a Pakistani ship, by wilful breach of duty or by neglect of duty or by reason of \r\ndrunkenness or under influence of drug— \r\n \r\n(a)  does any act tending to the immediate loss or destruction of, or serious \r\ndamage to, the ship or tending immediately to endanger the life or limb of a \r\nperson belonging to, or on board, the ship; or \r\n \r\n \r\nPage 93 of 233 \r\n \r\n(b)  refuses or omits to do any lawful act proper and requisite to be done by him \r\nfor preserving the ship from immediate loss or destruction of; or serious \r\ndamage to, or for preserving any person belonging to, or on board, the ship \r\nfrom immediate danger to life or limb, \r\n \r\nhe shall, for every such offence, be punishable with imprisonment for a term which may extend \r\nto two years, or with a fine which may extend to ten thousand rupees, or with both. \r\n \r\n204. Desertion and absence without leave.––(1) No officer, apprentice or seaman \r\nlawfully engaged shall— \r\n \r\n(a)  desert his ship; or \r\n \r\n(b)  neglect or refuse, without reasonable cause, to join the ship or to proceed to \r\nsea in his ship or be absent without leave at any time within twenty-four hours \r\nof the ship's sailing from a port either at the commencement or during the \r\nprogress of a voyage, or be absent at any time without leave and without \r\nsufficient reason from his ship or from his duty. \r\n \r\n (2) For the purposes of sub-section (1), the fact that the ship on which an officer or the \r\nseaman or apprentice is engaged or to which he belongs is unseaworthy shall be deemed to be a \r\nreasonable cause \r\n \r\n Provided that the officer or seaman or apprentice has, before failing or refusing to join his \r\nship of to proceed to sea in his ship or before absenting himself or being absent from the ship, as the \r\ncase may be, complained to the master or a Shipping Master, Surveyor, Seamen's Welfare Officer, \r\nPort Health Officer, Pakistan consular officer or any other officer at any port duly authorised in this \r\nbehalf by the Federal Government, that the ship is unseaworthy. \r\n \r\n 205. Power to suspend deserter's seamen's service book.––If it is shown to the satisfaction \r\nof a proper officer that any officer, seaman or apprentice has deserted his ship has absented himself \r\nwithout leave and without sufficient reason from his ship or from his duty, the proper officer shall \r\nforthwith mike a report to that effect to the Shipping Master who may thereupon direct that the \r\nseaman's certificate of discharge or seamen's service book shall be withheld for such period as may \r\nbe specified in the direction. \r\n \r\n 206. Conveyance of deserter or imprisoned seaman or apprentice on board ship.—(1) If \r\nan officer, seaman or apprentice is guilty of the offence of desertion or of absence without \r\nleave or otherwise absents himself from his ship without leave the master or any mate or the owner \r\nmay convey him on board his ship, and may for that purpose use such force, including police force, \r\nas may be necessary and every police officer shall render all such assistance as may be required of \r\nhim. \r\n \r\n (2) If the officer, seaman or apprentice so requires, he shall first be taken before a Court \r\ncompetent to take cognizance of the case to be dealt with according to law. \r\n \r\n (3) If it appears to the Court before whom the case is brought that the officer, seaman or \r\napprentice has been conveyed on board or taken before the Court on improper or insufficient \r\ngrounds, that Court may punish the master, mate or owner, as the case may be, with a fine which \r\n \r\nPage 94 of 233 \r\n \r\nmay extend to five thousand rupees and such punishment shall be a bar to any action for false \r\nimprisonment against the master, mate or owner. \r\n \r\n (4) If, either at the commencement or during the progress of any voyage, an officer, seaman \r\nor apprentice engaged in a Pakistani ship commits outside Pakistan, the offence of desertion or \r\nabsence without leave or any offence against discipline, the master, any mate, the owner or agent of \r\nthe owner may, if and so far as the laws in force in the place will permit, arrest him without first \r\nprocuring a warrant. \r\n \r\n (5) No person shall convey on board an officer, seaman or apprentice on improper or \r\ninsufficient grounds. \r\n \r\n 207. Power of Court to order offender to be taken on board ship.––Where an \r\nofficer, seaman or apprentice is brought before a Court on the ground of desertion or of absence \r\nwithout leave or of any offence against discipline and the master or the owner or his agent, so \r\nrequires, the Court, may in lieu of committing and sentencing him for the offence, cause him to be \r\nconveyed on board his ship for the purpose of proceeding on the voyage, or deliver him to the \r\nmaster or any mate of the ship or the owner or his agent to be by them so conveyed, and may in \r\nsuch case order any costs and expenses properly incurred by or on behalf of, the master or owner by \r\nreason of the conveyance to be paid by the offender and, if necessary, to be deducted from any \r\nwages which he has then earned or by virtue of his then existing engagements may afterwards be \r\nearned. \r\n \r\n 208. General offences against discipline.––If an officer, seaman or an apprentice commits \r\nany of the following offences (in this Ordinance referred to as offences against discipline) he shall, \r\nnotwithstanding anything in the Code of Criminal procedure, 1898 (Act V of 1898), be liable to be \r\ntried in a summary way and punished as follows, namely— \r\n \r\n(i)  if he quits the ship without leave after her arrival at her port of delivery and \r\nbefore she is placed in security he shall be liable to forfeit out of his wages a \r\nsum not exceeding one month's pay; \r\n \r\n(ii)  if he is guilty of wilful disobedience to any lawful command, he shall be liable \r\nto forfeit out of his wages a sum not exceeding fourteen days' pay; \r\n \r\n(iii)  if he is guilty of continued wilful disobedience to lawful commands or \r\ncontinued wilful neglect of duty, he shall be liable for every twenty-four hours' \r\ncontinuance of such disobedience or neglect, to pay a sum not exceeding one \r\nmonth's pay or any expenses which may have been properly incurred in hiring \r\na substitute; \r\n \r\n(iv)  if he assaults any person on board the ship, he shall be liable to a fine which \r\nmay extend to ten thousand rupees; \r\n \r\n(v)  if he combines with any of the crew to disobey lawful commands or to neglect \r\nduty or to impede the navigation of the ship or the progress of the voyage he \r\n shall be liable to imprisonment for a term which may extend to one year, or \r\nfine which may extend to ten thousand rupees, or with both; \r\n \r\n \r\nPage 95 of 233 \r\n \r\n(vi)  if he wilfully damages his ship or commits criminal misappropriation or \r\nbreach of trust in respect of, or wilfully damages any of, her stores or cargo he \r\nshall be liable to imprisonment for a term which may extend to one year, or \r\nfine which may extend to ten thousand rupees or with both, and shall also be \r\nliable to forfeit out of his wages a sum equal to the loss thereby sustained; and \r\n \r\n(vii)  if he is convicted of any act of smuggling whereby loss or damage is \r\noccasioned to the master or owner of the ship, he shall be liable to pay to that \r\nmaster or owner a sum sufficient to reimburse the loss or damage, and the \r\nwhole or a proportionate part of his wages may be retained in satisfaction on \r\naccount of that liability without prejudice to any other remedy. \r\n \r\n 209. Report of desertion and absence without leave.—(1) Whenever any officer, \r\nseaman or apprentice not shipped in Pakistan deserts or otherwise absents himself in Pakistan \r\nwithout leave from a Pakistani ship in which he is engaged to serve, the master of the ship shall, \r\nwithin forty-eight hours of discovering such desertion or absence, report the same to the Shipping \r\nMaster or to such other officer as the Federal Government may appoint in this behalf, unless in \r\nthe meantime the deserter or absentee returns. \r\n \r\n (2) Any master who wilfully neglects to comply with the provisions of sub-section (1) shall \r\nbe liable to a fine which may extend to five thousand rupees. \r\n \r\n 210. Entries and certificates of desertion abroad.—(1) In every case of desertion from \r\na Pakistani ship whilst she is at any place outside Pakistan the master shall make in the official log \r\nbook an entry of the desertion which shall be signed by him and also by a mate or one of the crew \r\nand shall produce the entry to the Pakistan consular officer who shall thereupon make and \r\ncertify a copy of the entry. \r\n \r\n (2) The master shall forthwith transmit such copy to the Shipping Master at the port at which \r\nthe seaman was shipped, and the Shipping Master shall if required, cause the same to be produced \r\nin any legal proceeding. \r\n \r\n (3) Such copy, if purporting to be so made and certified as aforesaid, shall, in any legal \r\nproceeding relating to such desertion, be admissible in evidence. \r\n \r\n 211. Facilities for proving desertion in proceeding for forfeiture of wages.—(1) \r\nWhenever a question arises whether the wages of any officer, seaman or apprentice are forfeited for \r\ndesertion from a ship, it shall be sufficient for the person insisting on the forfeiture to show that the \r\nofficer, seaman or apprentice was duly engaged in or belonged to the ship, and either that he left \r\nthe ship before the completion of the voyage or engagement or, if the voyage was to terminate in \r\nPakistan and the ship has not returned, that he is absent from her and that an entry of his desertion \r\nhas been duly made in the official log-book.  \r\n \r\n (2) the desertion shall thereupon, so far as relates to any forfeiture of wages under this \r\nChapter, be deemed proved, unless the officer, seaman or apprentice can produce a proper certificate \r\nof discharge or can otherwise show to the satisfaction of the Court that he had sufficient reasons for \r\nleaving his ship. \r\n \r\n 212. Application of forfeiture.—(1) Where any wages or effects are under this \r\nOrdinance forfeited for desertion from a ship, they shall be applied towards reimbursing the expenses \r\n \r\nPage 96 of 233 \r\n \r\ncaused by the desertion to the master or the owner of the ship and subject to that reimbursement \r\nshall be paid into the public treasury and credited to the account of the Federal Government. \r\n \r\n (2) For the purpose of such re-imbursement the master or the owner or his agent may, if the \r\nwages are earned subsequent to desertion, recover them in the same manner as the deserter could \r\nhave recovered them if not forfeited; and the Court in any legal proceeding relating to such wages \r\nmay order them to be paid accordingly. \r\n \r\n 213. Decisions of questions for forfeiture and deductions in suits for wages.––Any \r\nquestion concerning the forfeiture of or deductions from the wages of any officer, a seaman or \r\napprentice may be determined in any proceeding lawfully instituted with respect to those wages \r\nnotwithstanding that the offence in respect of which the question arises, through by this \r\nOrdinance made punishable by imprisonment as well as forfeiture, has not been the subject of \r\nany criminal proceeding. \r\n \r\n 214. Payment of fines imposed under agreement to Shipping Master.—(1) Every fine \r\nimposed on any officer, seaman or apprentice for any act of misconduct for which his agreement \r\nimposes a fine shall be deducted and paid over as follows, namely:— \r\n \r\n(a)  if the offender is discharged at any port or place in Pakistan, and the offence \r\nand such entries in respect thereof as aforesaid, are proved to the satisfaction \r\nof the Shipping Master before whom the offender is discharged, the master or \r\nowner shall deduct such fine from the wages of the offender and pay the same \r\nover to such Shipping Master; and \r\n \r\n(b)  if the officer, seaman or apprentice is discharged at any port or place outside \r\nPakistan and the offence and such entries as aforesaid are proved to the \r\nsatisfaction of the Pakistan consular officer by whose sanction he is so \r\ndischarged, the fine shall thereupon be deducted as aforesaid, and an entry of \r\nsuch deduction shall then be made in the official log-book and signed by such \r\nofficer and on the return of the ship to Pakistan the master or owner shall pay \r\nover such fine to the Shipping Master before whom the crew is discharged. \r\n \r\n (2) If any master or owner neglects or refuses to pay over the fine, he shall, for each offence, \r\nbe liable to a fine which may extend to fifty thousand rupees. \r\n \r\n 215. Penalty for enticing to desert.––If a person by any means whatever persuades or \r\nattempts to persuade any officer, seaman or apprentice to neglect or refuse to join or proceed to sea \r\nin or desert from his ship, or otherwise to absent himself from his duty, he shall, for each offence, \r\nbe liable to a fine which may extend to ten thousand rupees. \r\n \r\n 216. Penalty for harboring deserters.––If a person wilfully harbours or secrets any officer, \r\nseaman or apprentice who has wilfully neglected or refused to join or has deserted from his ship, \r\nknowing or having reason to believe the officer, seaman or apprentice to have so done, he shall, for \r\neach offence, be liable to a fine which may extend to ten thousand. \r\n \r\n 217. Penalties on stowaways and discipline of stowaways and seamen carried under \r\ncompulsion.—(1) If a person secrets himself and goes to sea in a ship without the consent of \r\neither the owner, agent or master, or of a mate, or of the person in charge of the ship or of any \r\n \r\nPage 97 of 233 \r\n \r\nother person entitled to give that consent, he shall be liable to a fine which may extend to ten \r\nthousand rupees. \r\n \r\n (2) Every person who goes to sea in a ship without such consent as aforesaid and every \r\nsea faring person whom the master of a ship is under this Ordinance or any other law compelled to \r\ntake on board and convey shall, so long as he remains in the ship, be subject to the same laws and \r\nregulations for preserving disciplines and to the same fines and punishments for offences constituting \r\nor tending to a breach of discipline as if he were a member of, and had signed the agreement with, \r\nthe crew. \r\n \r\n (3) The master of any Pakistani ship arriving at any port or place in or outside \r\nPakistan and the master of any ship other than a Pakistani ship arriving at any port or place in \r\nPakistan shall, if any person has gone to sea on that ship without the consent referred to in sub-\r\nsection (1), report the fact in writing to the Shipping Master or the Pakistan Consular Officer as soon \r\nas may be after the arrival of the ship. \r\n \r\n 218. Unauthorised presence on board ship.––Where a ship registered in Pakistan or any \r\nother country is in a port in Pakistan and a person who is neither in Government service nor \r\nauthorised by law to do so–– \r\n \r\n(a)  goes on board the ship without the consent of the master or of any other \r\nperson authorised to give it: or \r\n \r\n(b)  remains on board the ship after being requested to leave by the master, Police \r\nor an officer of the customs; \r\n \r\nhe shall be liable to a fine which may extend to five thousand rupees. \r\n \r\n219. Procedure where officer, seaman or apprentice not shipped in Pakistan is \r\nimprisoned on complaint of master.—(1) If any officer, seaman or apprentice who is not          \r\nshipped in Pakistan is imprisoned on complaint made by, or on behalf of the master or owner of the \r\nship for any offence for which he has been sentenced to imprisonment for a term not exceeding one \r\nmonth, then— \r\n \r\n(a)  while such imprisonment lasts, no person shall, without the previous \r\nsanction in writing of the Federal Government or of such officer as it may \r\nappoint in this behalf, engage any citizen of Pakistan to serve as an officer, a \r\nseaman or an apprentice on board such ship; and \r\n \r\n(b)  the Federal Government or such officer as it may appoint in this behalf may \r\ntender such officer, seaman or apprentice to the master or owner of the ship in \r\nwhich he is engaged to serve, and may, if such master or owner, \r\nwithout assigning reasons satisfactory to the Federal Government or to such \r\nofficer as aforesaid, refuses to receive on board any officer: seaman or \r\napprentice so tendered, require the master or owner to deposit in the local \r\nShipping Office— \r\n \r\n(i)  the wages due to such officer, seaman or apprentice and his money and \r\neffects; and \r\n \r\n \r\nPage 98 of 233 \r\n \r\n(ii)  such sum as may, in the opinion of the Federal Government or such \r\nofficer as aforesaid, be sufficient to defray the cost of the passage of \r\nsuch officer or seaman or apprentice to the port at which he was \r\nshipped according to the scale of costs usual in the case of distressed \r\nseaman. \r\n \r\n (2) If any person wilfully disobeys the prohibition contained in clause (a) of sub- section (1), \r\nhe shall be liable to a fine which may extend to five thousand rupees. \r\n \r\n (3) If any master or owner refuses or neglects to deposit any wages, money, effects or sum \r\nwhen so required under clause (b) of sub-section (1), he shall be liable to a fine which may extend to \r\nfive thousand rupees. \r\n \r\n 220. Power to send on board officer or seaman or apprentice not shipped in Pakistan \r\nwho is undergoing imprisonment.––If any officer or seaman or apprentice who is not shipped in \r\nPakistan is imprisoned for any offence for which he has been sentenced to imprisonment for a term \r\nnot exceeding one month and his services are required on board his ship during his imprisonment but \r\nbefore the expiration of the period of his engagement, any Magistrate may on the application of the \r\nmaster or owner or his agent, notwithstanding that the period of his imprisonment has not \r\nterminated, cause the officer, seaman or apprentice to be conveyed on board the ship for the \r\npurpose of proceeding on the voyage, or to be delivered to the master or any mate of the ship, or \r\nto the owner or his agent to be by them so conveyed. \r\n \r\n 221. Deserters from foreign ships.—(1) Where it appears to the Federal Government that \r\ndue facilities are or will be given by the Government of any country outside Pakistan for recovering \r\nand apprehending officers or seamen or apprentices who desert from Pakistani ships in that country, \r\nthe Federal Government may, by notification in the official Gazette, stating that such facilities are or \r\nwill be given, declare that this section shall apply to officers, apprentices or seamen belonging to \r\nships of such country, subject to such limitations or conditions as may be specified in the \r\nnotification. \r\n \r\n (2) Where this section applies to officers or seamen or apprentices belonging to ships of any \r\ncountry and any officer, seaman or apprentice deserts from any such ship, when within Pakistan any \r\nCourt that would have had cognizance of the matter if the officer, seaman or apprentice had deserted \r\nfrom a Pakistani ship shall, on the application of a consular officer of that country, aid in \r\napprehending the deserter and for that purpose may, on information given on oath, issue a warrant \r\nfor his apprehension and on proof of the desertion order him to be conveyed on board his ship or \r\ndelivered to the master or mate of his ship or to the owner of the ship or his agent to be so \r\nconveyed and any such warrant or order may be executed accordingly. \r\n__________ \r\n \r\nCHAPTER 16. —LITIGATION AGAINST SEAMEN \r\n \r\n 222. Definitions.—(1) In this Chapter unless there is anything repugnant in the subject or \r\ncontext— \r\n \r\n(a)  “Court” means a Civil or Revenue Court; \r\n \r\n(b)  “proceeding” includes any suit, appeal or application; and \r\n \r\n(c)  “Shipping Master” means— \r\n \r\nPage 99 of 233 \r\n \r\n \r\n(i)  in the case of a seaman, the Shipping Master for the port at which the \r\nserving seaman entered into or is believed to have entered into an \r\nagreement, or where there is no such agreement, for the port to which \r\nthe serving seaman has returned or is expected to return on the \r\ncompletion of his last voyage; and \r\n \r\n(ii)  in the case of masters and apprentices referred to in section 230, the \r\nShipping Mater for the port at which the agreements with the crew of \r\nthe ship were opened. \r\n \r\n (2) For the purposes of this Chapter, a seaman shall be deemed to be a serving seaman during \r\nany period commencing on the day on which he enters into an agreement and ending thirty days \r\nafter the day on which he is finally discharged from such agreement. \r\n \r\n 223. Particulars to be furnished in plaints, etc.–-If any person presenting any plaint, \r\napplication or appeal to any Court has reason to believe that any adverse party is a serving seaman, \r\nhe shall make a statement accordingly in the plaint, application or appeal. \r\n \r\n 224. Power of Collector to intervene in case of an unrepresented seaman.––If any \r\nCollector has reason to believe that any seaman who ordinarily resides or has property in his \r\nDistrict, and who is party to any proceeding pending before any Court, is unable to appear therein or \r\nis a serving seaman, the Collector may certify the facts in the prescribed manner to the Court. \r\n \r\n 225. Notice to be given in case of unrepresented seaman.—(1) If a Collector has certified \r\nunder section 224, or if a Court has reason to believe that a seaman who is a party to any proceeding \r\nbefore the Court is unable to appear therein or is a serving seaman, the Court shall suspend the \r\nproceeding and shall give notice thereof in the prescribed manner to the Shipping Master: \r\n \r\n Provided that nothing in this sub-section shall be deemed to require the Court to suspend the \r\nproceeding— \r\n \r\n(a)  if the proceeding is one instituted or made by the seaman, alone or conjointly \r\nwith others, with the object of enforcing a right of pre-emption, or \r\n \r\n(b)  if the interests of the seaman in the proceeding are, in the opinion of the Court, \r\neither identical with those of any other party thereto and adequately \r\nrepresented by such other party, or merely of a formal nature. \r\n \r\n (2) If it appears to the Court before which any proceeding is pending that a seaman though \r\nnot a party to the proceeding is materially concerned in the outcome of the proceeding and that his \r\ninterests are likely to be prejudiced by his inability to attend, the Court may suspend the proceeding \r\nand shall give notice thereof in the prescribed manner to the Shipping Master. \r\n \r\n 226. Postponement of proceedings.—(1) If, on receipt of a notice under section 227, the \r\nShipping Master certifies to the Court in the prescribed manner that the seaman is a serving \r\nseaman, the Court shall postpone the proceeding in respect of the seaman for the prescribed period \r\nor, if no period has been prescribed, for such period as it thinks fit: \r\n \r\n \r\nPage 100 of 233 \r\n \r\n Provided that if, by reason of the continued absence of the seaman, the question of any \r\nfurther postponement of the proceedings in respect of the seaman arises, the Court shall in deciding \r\nthe question have regard to the purposes of this Chapter. \r\n \r\n (2) If the Shipping Master either certifies that the seaman is not for the time being serving \r\nseaman or fails within two months from the date of the receipt of the notice under section 227 to \r\ncertify that the seaman is a serving seaman, the Court may, if it thinks fit, continue the proceeding. \r\n \r\n 227. Power to set aside decrees and orders passed against serving seaman.—(1) Where \r\nin any proceeding before a Court a decree or order has been passed against any seaman while \r\nhe was a serving seaman, the seaman, or, if he dies while he is a serving seaman, his legal \r\nrepresentatives, may apply to the Court to have the decree or order set aside, and if the Court, \r\nafter giving an opportunity to the opposite party of being heard, is satisfied that the interests of \r\njustice require that the decree or order should be set aside as against the seaman, the Court shall, \r\nsubject to such conditions, if any, as it thinks fit to impose, make an order accordingly and may, \r\nif it appears that any opposite party in the proceeding has failed to comply with the provisions of \r\nsection 223, award, subject to such conditions as may be prescribed, damages against such opposite \r\nparty. \r\n \r\n (2) The period of limitation for an application under sub-section (1) shall be sixty days from \r\nthe date on which the seaman first ceases to be serving seaman after the passing of the decree \r\nor order or where the summons or notice was not duly served on the seaman in the proceeding in \r\nwhich the decree or order was passed, from the date on which the applicant had knowledge of the \r\ndecree or order, whichever is later; and the provisions of section 5 of the Limitation Act, 1908 (IX of \r\n1908), shall apply to such applications. \r\n \r\n (3) Where the decree or order in respect of which an application under sub-section (1) is \r\nmade is of such a nature that it cannot be set aside as against the seaman only, it may be set aside as \r\nagainst all or any of the parties against whom it was made. \r\n \r\n (4) Where a Court sets aside a decree or order under this section, it shall appoint a day for \r\nproceeding with the suit, appeal or application, as the case may be, in respect of which the decree or \r\norder was passed. \r\n \r\n 228. Modifications of law of limitation where seaman is a party.––In computing the \r\nperiod of limitation provided in section 227, or in the Limitation Act, 1908 (IX of 1908), or in any \r\nother law for the time being in force, for any suit, appeal or application to a Court to which a \r\nseaman is a party, the period or periods during which the seaman has been a serving seaman, and, if \r\nthe seaman has died while he was serving seaman, the period from the date of his death to the date \r\non which his next of kin was first informed by the Shipping Master or otherwise, of his death, shall \r\nbe excluded: \r\n \r\n Provided that this section shall not apply in the case of any suit, appeal or application \r\ninstituted or made with the object of enforcing a right of pre-emption except in such areas and in \r\nsuch circumstances as the Federal Government may, be notification in the official Gazette, specify in \r\nthis behalf. \r\n \r\n 229. Reference in matters of doubt to Shipping Master.––If any Court is in doubt \r\nwhether, for the purposes of section 227 or section 228, a seaman is or was at any particular time or \r\n \r\nPage 101 of 233 \r\n \r\nduring any particular period a serving seaman, it may refer the question to the Shipping \r\nMaster, and the certificate of the Shipping Master shall be conclusive evidence on the question. \r\n \r\n 230. Provisions of this Chapter to apply to master and apprentices.––The provisions of \r\nthis Chapter shall apply to a master and an apprentice as they apply to a seaman, except \r\nthat— \r\n \r\n(a)  a master shall be, deemed to be a “serving seaman” during any period \r\ncommencing on the day on which he assumes command of the ship and \r\nending thirty days after the date on which he finally relinquishes such \r\ncommand; and \r\n \r\n(b)  an apprentice shall be deemed to be a “serving seaman” during any period \r\ncommencing on the day on which he joins a ship and ending thirty days after \r\nthe date on which he leaves such ship. \r\n \r\n 231. Power to make rules.—(1) The Federal Government, after consultation with the High \r\nCourt, may, by notification in the official Gazette, make rules to carry out the purposes of this \r\nChapter. \r\n \r\n (2) In particular, and without prejudice to the generality of the foregoing power, such rules \r\nmay provide for all or any of the following matters, namely:— \r\n \r\n(a)  the manner and form in which any notice or certificate under this Chapter \r\nshall be given; \r\n \r\n(b)  the period for which proceedings or any class of proceedings shall be \r\npostponed under sub-section (1) of section 226; \r\n \r\n(c)  the conditions subject to which damages may be awarded under sub-section \r\n(1) of section 228 and the amount of such damages; and \r\n \r\n(d)  any other matter which is to be or may be prescribed. \r\n_________ \r\n \r\nCHAPTER 17 A.—UNIFORM \r\n \r\n 232. Uniforms to be prescribed.—(1) The Federal Government may, by notification in the \r\nofficial Gazette, make rules prescribing the uniforms (hereinafter referred to as the standard uniform) \r\nwhich a person employed on a Pakistani ship shall be entitled to wear; and a different standard \r\nuniform may be prescribed for persons of different positions or ranks. \r\n \r\n (2) A person entitled to wears standard uniform shall, if so required by the rules but subject \r\nto the provisions of this Chapter, wear the standard uniform appropriate to his position or rank. \r\n \r\n 233. Certificated officers may wear uniforms while employed.––A persons holding a \r\ncertificate of competency issued under this Ordinance and a citizen of Pakistan holding a certificate \r\nof competency recognised under section 100, being temporarily un-employed, shall be entitled \r\nto wear the standard uniform appropriate to the rank in which he was last employed. \r\n \r\n \r\nPage 102 of 233 \r\n \r\n 234. Uniforms when not to be worn.––A person entitled to wear the standard uniform shall \r\nnot wear it while he is employed ashore other than as Marine Superintendent or Engineer \r\nSuperintendent. \r\n \r\n 235. Persons not to be dressed partly in uniform.––A person entitled, to wear the standard \r\nuniform shall not, when on board a Pakistani ship in a port or on shore, be dressed partly in uniform \r\nand partly not in uniform. \r\n \r\n 236. Penalties.—(1) If any person who is required to wear the standard uniform does not \r\nso wear it, he shall be liable to a fine which may extend to five thousand rupees. \r\n \r\n (2) If any person, not being so entitled, wears the standard uniform or any part thereof or any \r\ndress having the appearance or bearing any of the distinctive marks of the standard uniform, he shall \r\nbe liable to a fine which may extend to five thousand rupees. \r\n \r\n (3) If a person wear the standard uniform in such a manner or under such circumstances as to \r\nbe likely to bring contempt on the uniform, he shall be liable to a fine which may extend to five \r\nthousand rupees: \r\n \r\n Provided that nothing in this sub-section shall apply to the wearing of such uniform in the \r\ncourse or for the purpose of a stage play or representation or any other performance if the uniform \r\nis not worn in such a manner or under such circumstances as to bring it into contempt. \r\n \r\n (4) If any person entitled to wear the standard uniform when on board a Pakistani ship in a \r\nport or on shore appears dressed partly in uniform and partly not in uniform under such \r\ncircumstances as to be likely to bring contempt on the uniform, or, being entitled to wear the \r\nuniform appropriate to a particular rank or position, wears the uniform appropriate to some higher \r\nrank or position, he shall be liable to a fine which may extend to five thousand rupees. \r\n \r\nB. —COMPLAINTS BY SEAMEN AND APPRENTICES \r\n \r\n 237. Facilities for making complaints.—(1) If a seaman or apprentice, whilst on board ship, \r\nstates to the master that he desires to make a complaint against him on any of the crew, when in \r\nPakistan to the Shipping Master or a Magistrate, and when outside Pakistan to a Pakistan consular \r\nofficer, the master shall, as soon as the service of the ship, may permit— \r\n \r\n(a)  if the ship is then at a place where there is an authority to whom the complaint \r\nis sought to be made, after such statement; and \r\n \r\n(b)  if the ship is not then at such a place, after her first arrival at such a place,  \r\n \r\nallow the complainant to go ashore or send him ashore in proper custody so that he may be enabled \r\nto make the complaint. \r\n \r\n (2) If any master fails without reasonable cause to comply with the provisions of this section, \r\nhe shall, for each offence, be able to a fine which may extend to five thousand rupees. \r\n \r\nC. —PROTECTION OF SEAMEN AND APPRENTICES \r\n \r\n 238. Salvage reward invalid.––Subject to the provisions of this Ordinance, a salvage reward \r\npayable to a seaman or apprentice made prior to the accruing thereof shall not bind the person \r\n \r\nPage 103 of 233 \r\n \r\nmaking the same, and power-of-attorney or authority for the receipt of any such salvage shall not be \r\nirrevocable. \r\n \r\n 239. Debts not recoverable till the conclusion of agreed services.––A debt incurred by \r\nany seaman after he has engaged to serve shall not be recoverable until the service agreed for is \r\nconcluded. \r\n \r\n 240. Inspection of seamen’s lodging houses.––A Shipping Master, Seamen’s Welfare \r\nOfficer or any officer duly authorised in this behalf may, at any time inspect any place where \r\nseaman may be lodged and either prohibit such lodging or require that persons of improper character \r\nbe excluded from such lodging or that the accommodation, sanitary conditions and other matters \r\nconnected with the proper maintenance of such lodging be brought up to a prescribed standard. \r\n \r\n 241. Prohibition again taking out property from ship.—(1) No person shall, while a ship \r\nis at any port or place in Pakistan, take out of the ship any property of the seaman or apprentice \r\nexcept under the direction of the seaman or apprentice and with the permission of the master. \r\n \r\n (2) Whoever contravenes the provisions of sub-section (1) shall be liable to a fine which may \r\nextend to five thousand rupees. \r\n \r\n 242. Seamen’s property not to be detained.—(1) If a person receives or takes into his \r\npossession or under his control any money or other property of a seaman or apprentice and does not \r\nreturn the same or pay the value thereof when required by the seaman or apprentice subject to \r\ndeduction of such amounts as may be justly due to him from the seaman or apprentice in \r\nrespect of boarding or lodging or otherwise, or absconds therewith, he shall for each offence, be \r\nliable to a fine which may extend to ten thousand rupees. \r\n \r\n (2) Any Court imposing a fine under sub-section (1) may direct the amount of such money or \r\nthe value of the property subject to such deduction as aforesaid, if any, or the property itself, to be \r\nforthwith paid or delivered to the seaman or apprentice. \r\n \r\n 243. Ship not to be boarded without permission before seamen leaves.––Where a ship \r\nhas arrived at a port or place in Pakistan at the end of a voyage and any person, not being in the \r\nservice of the Government or not being duly authorized by law for the purpose, goes on board the \r\nship without the permission of the master before the seaman lawfully leave the ship at the end of \r\ntheir engagement or are discharged (whichever happens last), the master of the ship may take such \r\nperson into custody and deliver him up forthwith to a police officer to be taken before a Magistrate \r\nto be dealt with according to the provisions of this Ordinance. \r\n \r\nD. —RESCISSION OF CONTRACTS \r\n \r\n 244. Power of Court to rescind contract between master, owner or agent and seaman or \r\napprentice.––Where a proceeding is instituted in any Court in relation to any dispute between \r\nthe master, owner or agent of a ship and a seaman or apprentice, arising out of or incidental to their \r\nrelation as such, or is instituted for the purpose of this section, the Court, if, having regard to all \r\nthe circumstances of the case, thinks it just to do so, may rescind any contract between the \r\nmaster or owner or agent and the seaman or apprentice upon such terms as the Court may deem fit; \r\nand this power shall be in addition to any power it may have in the exercise of any other jurisdiction \r\nwhich the Court can exercise independently of this section. \r\n \r\n \r\n \r\nPage 104 of 233 \r\n \r\nE. —MARITIME ADVISORY COMMITTEE \r\n \r\n 245. Constitution and functions of Central Maritime Advisory Committee.—(1) The \r\nFederal Government may, by notification in the official Gazette, constitute a Maritime Advisory \r\nCommittee, consisting of such representatives of ship owners, seaman and the Federal Government \r\nas it may deem fit. \r\n \r\n (2) The functions of the Committee shall be— \r\n \r\n(a)  to prevent and adjust differences between ship owners and seaman; \r\n \r\n(b)  to advise the Federal Government on any improvements to be made in the \r\nsystem of recruitment of seaman; \r\n \r\n(c)  to advise the Federal Government on the improvements or modifications to be \r\nmade in the term and conditions of employment of seamen, such as, \r\nstandardization of their rates or wages, hours of work, manning scale, and \r\nsimilar other matters; \r\n \r\n(d)  to advise the Federal Government on the steps to be taken for ameliorating \r\nunemployment among seamen; and \r\n \r\n(e)  to advise the Federal Government on any other matter relating to seaman \r\nwhich may be referred to it. \r\n \r\nF. —NATIONAL WELFARE. BOARD FOR SEAMEN \r\n \r\n246. Constitution of National Welfare Board for seamen.—(1) The Federal Government \r\nmay, by notification in the official Gazette, constitute an advisory board to be called the National \r\nWelfare Board for seamen, hereinafter referred to as the Board, for the purpose of advising the \r\nFederal Government on the measures to be taken for promoting the welfare of seaman (whether \r\nashore or on board ship) generally and in particular the following, namely:— \r\n \r\n(a)  the establishment of hostels or boarding and lodging houses for seamen; \r\n \r\n(b)  the establishment of clubs, canteens, libraries and other like amenities for the \r\nbenefit of seamen; \r\n \r\n(c)  the establishment of hospitals for seamen of the provision of medical treatment \r\nfor seamen; and \r\n \r\n(d)  the provision of educational and other facilities. \r\n \r\n (2) The Federal Government may, by notification in the official Gazette, make rules \r\nproviding for– \r\n \r\n(a)  the composition of the Board and the term of office of members thereof; \r\n \r\n(b)  the procedure to be followed in the conduct of business by the Board; \r\n \r\n(c)  the travelling and other allowances payable to members of the Board; \r\n \r\nPage 105 of 233 \r\n \r\n(d)  the levy of fees payable by owners of ships at such rates as may be prescribed \r\n(which may be at different rates for different classes of ships) for the purpose \r\nof providing amenities to seaman and for taking other measures for the welfare \r\nof seamen; \r\n \r\n(e)  the procedure by which any such fees may be collected or recovered and the \r\nmanner in which proceeds of such fees, after deduction of the cost of \r\ncollection, shall be utilized for the purpose specified in clause (d); and \r\n \r\n(f)  any other matter which it is necessary to prescribe. \r\n___________ \r\n \r\nPART V. —PASSENGER SHIPS \r\nCHAPTER 18. —SURVEY OF PASSENGER SHIPS \r\n \r\n 247. Application.—(1) This part applies to sea-going passenger ships propelled by \r\nelectricity or other mechanical power, but such provisions of chapter 19 as relate to special trade \r\npassenger ships, except section 271, shall not apply to— \r\n \r\n(a)  any such ship not carrying more than fifty special trade passengers; or \r\n \r\n(b)  any such ship not intended to carry special trade passengers to or from any \r\nport or place in Pakistan. \r\n \r\n (2) Notwithstanding anything contained in sub-section (1), the Federal Government may \r\ndeclare that all or any of the provisions of Chapter 19 shall apply to sailing ships, or any class of \r\nsailing ships, carrying more than fifteen special trade passengers. \r\n \r\n Explanation.—For any of the purposes of this Part, a passenger over the age of one year \r\nshall be reckoned as one special trade passenger. \r\n \r\n 248. No ship to carry passengers without a certificate of survey.––No ship shall take on \r\nboard, or carry between ports or places in Pakistan or to any port or place outside Pakistan, \r\nmore than twelve passengers unless she has a certificate of survey in force and applicable to the \r\nvoyage on which she is about to proceed or the service on which she is about to be employed. \r\n \r\n 249. Powers of Federal Government to exempt certain ships.––The Federal  \r\nGovernment may, by notification in the official Gazette, declare that all or any of the provisions of \r\nthis Chapter relating to the survey of ships shall not apply in the case of any specified ship or \r\nclass of ships, or shall apply thereto with such modifications as the Federal Government may direct. \r\n \r\n 250. No port clearance until certificate of survey produced.––No officer of Customs shall \r\ngrant a port clearance, nor shall any pilot be assigned, to any ship for which a certificate of survey is \r\nrequired until after the production by the owner or master thereof such certificate in force and \r\napplicable to the voyage on which she is about to proceed and the service on which she is about to be \r\nemployed. \r\n \r\n 251. Power to detain ship not having certificate of survey.––If any ship for which a \r\ncertificate of survey is required leaves or attempts to leave any port of survey without a certificate, \r\nany Officer of Customs or any pilot on board the ship may detain her until she obtains a certificate. \r\n \r\n \r\nPage 106 of 233 \r\n \r\n 252. Owner or Agent responsible for survey.––The owner or agent of every passenger ship \r\nfor which a certificate of survey is required shall cause it to be surveyed in the prescribed manner. \r\n \r\n 253. Powers of surveyors.—(1) For the purposes of a survey under this Ordinance, any \r\nsurveyor may, at any reasonable time, go on board a ship and may inspect the ship and any part \r\nthereof, and the machinery, equipment or articles on board thereof: \r\n \r\n Provided that a surveyor shall not, except to the extent necessary for the purposes of this sub-\r\nsection, hinder the loading or unloading of the ship or detain or delay her from proceeding on any \r\nvoyage. \r\n \r\n (2) The owner, master and officers of the ship shall afford to the surveyor all rea-sonable \r\nfacilities for a survey, and all such information respecting the ship and her machinery and \r\nequipments, or any part thereof, respectively, as he reasonably requires. \r\n \r\n 254. Fees in respect of surveys.––Before a survey under this chapter is commenced, the \r\nowner, agent or master of the ship to be surveyed shall pay to such officer, as the Federal \r\nGovernment may appoint in this behalf– \r\n \r\n(a)  a fee calculated on the tonnage of the ship according to the prescribed rates; \r\n and \r\n \r\n(b)  such additional fee, in respect of the expenses, (if any), of the journey of the \r\nsurveyor to the port, as the Federal Government may, by notification in the \r\nofficial Gazette, direct. \r\n \r\n 255. Powers of the Federal Government to direct those two or more surveyors  be \r\nemployed.––A survey shall ordinarily be made by one surveyor, but two or more surveyor, may \r\nbe employed if the Federal Government, by order in writing, so directs either generally in the case \r\nof all ships at any port of survey, or specially in the case of any particular ship or class of ships at \r\nany such port. \r\n \r\n 256. Division of duties when two or more surveyors employed.––When a survey is made \r\nby two or more surveyors, of the surveyor making the survey shall perform a prescribed portion of \r\nthe duties assigned by this Chapter or the rules made thereunder to a surveyor making a survey. \r\n \r\n 257. Declaration of survey.––When a survey is completed, the surveyor making it shall \r\nforthwith, if satisfied that he can with propriety do so, give to the owner or master of the ship \r\nsurveyed a declaration of survey in the prescribed form containing the following particulars, namely: \r\n \r\n(a)  that the hull and machinery of the ship are sufficient for the service intended \r\nand in good condition; \r\n \r\n(b)  that the equipment of the ship is in such condition and the certificates of the \r\nmaster, mate or mates, and engineer or engineers and of the radio operators are \r\nsuch as required by this Ordinance and by other law for the time being in force \r\nand applicable to the ship; \r\n(c)  the time for which the hull, machinery and equipment of the ship will be \r\nsufficient. \r\n \r\n(d)  the voyages or class of voyages on which, as regards construction, machinery \r\nand equipment, the ship is in the Surveyor's judgement fit to ply; \r\n \r\nPage 107 of 233 \r\n \r\n \r\n(e)  the number of passengers which the ship is, in the judgement of the surveyor, \r\nfit to carry, distinguishing, if necessary, between the respective numbers to be \r\ncarried on the deck and in the cabins and in different parts of the deck and \r\ncabins; the number to be subject to such conditions and variations, according \r\nto the time of year, the nature of the voyage, the cargo carried or other \r\ncircumstances as the case requires; and \r\n \r\n(f)  any other prescribed particulars. \r\n \r\n 258. Sending of declaration by owner or master.—(1) The owner or master to whom a \r\ndeclaration of survey is given shall, within fourteen days after the date of the receipt thereof, \r\nsend the declaration to such officer as the Federal Government may appoint in this behalf. \r\n \r\n (2) If the owner or master fails to comply with the provisions of sub-section (1), he shall be \r\nliable to a fine which may extend to five thousand rupees. \r\n \r\n (3) The penalty imposed under sub-section (2) shall be paid at the time of the delivery of the \r\ncertificate of survey to the officer appointed under sub-section (1). \r\n \r\n 259. Grant of certificate of survey by Federal Government.—(1) Upon the receipt of a \r\ndeclaration of survey, the Federal Government shall, if satisfied that the provisions of this Chapter \r\nhave been complied with, cause a certificate, in duplicate, to be prepared and delivered, through such \r\nofficer at the port at which the ship was surveyed as the Federal Government may appoint in this \r\nbehalf, to the owner or master of the ship surveyed , on his applying and paying the sums, if any, \r\nprescribed as payable on delivery of a certificate. \r\n \r\n (2) A certificate granted under this section shall be in the prescribed form, shall \r\ncontain a statement to the effect that the provisions with respect to the survey of the ship and the \r\ntransmission of the declaration of survey in respect thereof have been complied with, and shall set \r\nforth- \r\n \r\n(a)  the particulars concerning the ship which clauses (c), (d) and (e) of section 257 \r\nrequire the declaration of survey to contain; and \r\n \r\n(b)  any other prescribed particulars. \r\n \r\n (3) When a certificate relating to a ship is ready for delivery the Federal Government shall \r\ncause notice thereof to be given by post or otherwise to the owner or master of the ship. \r\n \r\n 260. Powers of the Federal Government to order a second survey.—(1) If a surveyor, or \r\nsurveyors, making a survey refuse to give a declaration of survey under-section 257 with regard to \r\nany ship, or give a declaration with which the owner, agent or master of the ship surveyed is \r\ndissatisfied, the Federal Government may, on the application of the owner, agent or master, and \r\non payment by him of such fee, not exceeding twice the amount of the fee for the previous survey, \r\nas the Federal Government may require, direct any other surveyor or surveyors to survey the ship. \r\n \r\n (2) The Surveyor or surveyors so directed shall forthwith survey the ship, and may, after the \r\nsurvey, either refuse to give a declaration or give such declaration as under the circumstances seems \r\n \r\nPage 108 of 233 \r\n \r\nto them proper; and the decision of the surveyor or surveyors shall, subject to the other provisions of \r\nthis Chapter, be final. \r\n \r\n 261. Ships with certificates of survey or certificates of partial survey granted outside \r\nPakistan.—(1) When a ship is required to be furnished with a certificate of survey and the Federal \r\nGovernment is satisfied by the production of a certificate of survey— \r\n \r\n(a)  that the ship has been officially surveyed at a port in a country outside \r\nPakistan; \r\n \r\n(b)  that the requirement of this Ordinance are proved, by that survey, to have \r\nbeen substantially compiled with; and \r\n \r\n(c)  that certificates of survey granted under this Chapter are accepted in such \r\ncountry in lieu of the corresponding certificates required under the laws in \r\nforce in that country, the Federal Government may, if it thinks fit, dispense \r\nwith any further survey of the ship in respect of the requirements so complied \r\nwith, and give a certificate which shall have the same effect as a certificate \r\ngiven after survey. \r\n \r\n (2) When the Federal Government has, by notification in the official Gazette, declared that it \r\nis satisfied that an official survey at a port in a country outside Pakistan specified in the declaration is \r\nsuch as to prove that the requirements of this Ordinance have been substantially complied with, any \r\nperson authorised by the Federal Government in this behalf may exercise the power, to dispense \r\nwith a survey and to give a certificate, conferred on the Federal Government by sub-section (1) in \r\nthe case of any ship furnished with a valid certificate of survey granted at such port. \r\n \r\n (3) The provisions of sub-section (1) shall be applicable in the case of ships furnished with \r\nvalid certificates of partial survey including docking certificates, as if they were ships furnished with \r\nlike certificates granted at ports in countries outside Pakistan subject to the modification that the \r\npowers of the Federal Government under the said sub-section may be exercised by any person \r\nauthorised by the Federal Government in this behalf. \r\n \r\n 262. Duration of certificate of survey.––A certificate of survey shall not be in force— \r\n \r\n(a)  after the expiration of one year or as prescribed from the date thereof; \r\n \r\n(b)  after the expiration of the period, as specified, for which the hull, boilers, \r\nengines or any of the equipment have been stated in the certificate to be \r\nsufficient; or \r\n \r\n(c)  after notice has been given by the Federal Government to the owner, agent or \r\nmaster of the ship to which the certificate relates that the Federal Government \r\nhas cancelled or suspended it. \r\n \r\n 263. Cancellation or suspension of certificate of survey by Federal Government.––Any \r\ncertificate of survey may be cancelled or suspended by the Federal Government if it has reason to \r\nbelieve— \r\n \r\n \r\nPage 109 of 233 \r\n \r\n(a)  that the declaration by the surveyor of the sufficiency and good condition of \r\nthe hull, boilers, engines or any of the equipment of the ship has been \r\nfraudulently or erroneously made; or \r\n \r\n(b)  that the certificate has otherwise been issued upon false or erroneous \r\ninformation. \r\n \r\n 264. Alterations in ships subsequent to grant of certificate of survey and additional \r\nsurveys.—(1) The owner, agent or master of a ship in respect of which a certificate of survey has \r\nbeen granted and is in force shall, as soon as possible after any alteration is made in the ship's \r\nhull, equipment or machinery, give written notice to such person as the Federal Government may \r\ndirect containing full particulars of the alteration. \r\n \r\n (2) If the owner, agent or master of a ship, without reasonable cause, neglects to give the \r\nnotice required by sub-section (1), he shall be liable to a fine which may extend to ten thousand \r\nrupees. \r\n \r\n (3) If the Federal Government has reason to believe that since the making of the last \r\ndeclaration of survey in respect of a ship— \r\n \r\n(a)  any such alteration as aforesaid has been in the hull, equipment or \r\nmachinery of the ship; or \r\n \r\n(b)  the hull, equipment or machinery of the ship have sustained any injury or are \r\notherwise insufficient, \r\n \r\nthe Federal Government may require the ship to be again surveyed to such extent as it may think fit, \r\nand, if such requirement is not complied with, may cancel any certificate of survey in respect of the \r\nsaid ship. \r\n \r\n 265. Delivery of expired or cancelled certificate.—(1) Every certificate of survey granted, \r\nor deemed to have been granted, which has expired, or has been cancelled or suspended, shall be \r\ndelivered up to such person as the Federal Government may direct. \r\n \r\n (2) If the owner, agent or master of a ship, without reasonable cause, neglects or refuses to \r\ndeliver up a certificate as required by sub-section (1), he shall be liable to a fine which may extend \r\nto five thousand rupees. \r\n \r\n 266. Certificate of survey to be affixed in conspicuous part of ship.—(1) The owner, \r\nagent or master of every ship for which a certificate of survey has been granted shall forthwith, on \r\nthe receipt of the certificate, cause one of the duplicates thereof to be affixed, and kept affixed so \r\nlong as the certificate remains in force and the ship is in use, on some conspicuous part of the ship \r\nwhere it may be easily read by all persons on board thereof. \r\n \r\n (2) If the certificate is not so kept affixed, the owner, agent and master shall each be liable to \r\na fine which may extend to five thousand rupees. \r\n \r\n 267. Ship not to carry passengers in contravention of the Ordinance.—(1) No ship on \r\nany voyage shall carry or attempt to carry any passenger in contravention of section 248, or shall \r\nhave on board or in any part thereof a number of passengers which is greater than the number set \r\n \r\nPage 110 of 233 \r\n \r\nforth in the certificate of survey as the number of passengers which the ship or the part thereof is \r\nfit to carry on that voyage. \r\n \r\n (2) The owner, agent and of a master of a ship in respect of which the provisions of sub-\r\nsection (1) are contravened shall each be liable to a fine which may extend to one hundred  \r\nthousand rupees. \r\n \r\n 268. Offenses in connection with passenger ships.—(1) If, in the case of a ship for which a \r\ncertificate of survey has been granted, any person— \r\n \r\n(a)  being drunk or disorderly has been on that account refused admission \r\nthereto by the owner or any person in his employ and, after having the amount \r\nof his fare (if he has paid it) returned or tendered to him nevertheless persists \r\nin attempting to enter the ship; or \r\n \r\n(b)  being drunk or disorderly on board the ship is requested by the owner or \r\nany person in his employ to leave the ship at any place in Pakistan at which \r\nhe can conveniently do so, and after having the amount of his fare (if he has \r\npaid it) returned or tendered to him, does not comply with the request; or \r\n \r\n(c)  on board the ship after warning by the master or other officer thereof, molests \r\nor continues to molest any passenger; or \r\n \r\n(d)  having gone onboard the ship at any place and being requested, on account of \r\nthe ship being full, by the owner or any person in his employ to leave the \r\nship, before it has departed from that place and having had the amount of his \r\nfare (if he has paid it) returned or tendered to him, does not comply with the \r\nrequest; or \r\n \r\n(e)  travels or attempts to travel in the ship without first paying his fare and with \r\nintent to avoid payment thereof; or \r\n \r\n(f)  on arriving in the ship at the place for which he has paid his fare knowingly \r\nand wilfully refuses or neglects to quit the ship; or \r\n \r\n(g)  on board the ship fails when requested by the master or other officer thereof \r\neither to pay his fare or to exhibit such ticket or other receipt, if any showing \r\nthe payment of his fare as is usually given to persons travelling by and paying \r\nfare for the ship, \r\n \r\nhe shall be liable to a fine which may extend to five thousand rupees but such punishment shall not \r\nprejudice the recovery of the fare, if any, payable by him. \r\n \r\n (2) If any person on board any such ship wilfully does or causes to be done anything in \r\nsuch a manner as to obstruct or injure any part of the machinery, tackle of the ship or to obstruct, \r\nimpede or molest the crew or any of them in the navigation or management of the ship or otherwise \r\nin the execution of their duty on or about the ship, he shall be liable to a fine which may extend to \r\nten thousand rupees but such punishment shall not prejudice the recovery from him, by way of \r\ndamages, of all losses and expenses suffered or incurred by the ship on account of his conduct. \r\n \r\nPage 111 of 233 \r\n \r\n (3) The master or other officer of any such ship and all persons called by him to his \r\nassistance may, without warrant, detain any person who commits any offence thereunder and whose \r\nname and address are unknown to the master or officer and convey the offender with all convenient \r\ndespatch before the nearest Magistrate to be dealt with according to law. \r\n \r\n 269. Power to exclude drunken passengers from passenger ships.––The master of any \r\npassenger ship may refuse to receive on board thereof any person who by reason of drunkenness or \r\notherwise is in such a state or misconduct himself in such manner as to cause annoyance or injury to \r\npassengers on board, and if any such person is on board, may put him on shore at any convenient \r\nplace; and a person so refused admittance or put on shore shall not be entitled to the return of any \r\nfare he has paid. \r\n \r\n 270. Power to make rules.—(1) The Federal Government may, by notification in the \r\nOfficial Gazette, make rules to regulate making of surveys. \r\n \r\n (2) In particular, and without prejudice to the generality of the foregoing power, such rules \r\nmay provide for all or any of the following matters, namely:— \r\n \r\n(a)  the times and places at which, and the manner in which, surveys are to be \r\nmade; \r\n \r\n(b)  the requirements as to construction, machinery, equipment and marking of \r\nsub-division load lines, which are to be fulfilled before a declaration of survey \r\nmay be granted; \r\n \r\n(c)  the duties of the surveyor making a survey, and where two or more surveyors \r\nare employed, the respective duties of each of the surveyors employed; \r\n \r\n(d)  the form in which the declarations of survey and certificates of survey are to \r\nbe made, and the nature of the particulars which are to be stated therein \r\nrespectively; and (e) the rates according to which the fees payable in respect of \r\nsurveys are to be calculated in the case of all or any of the ports of survey and \r\nsums payable on delivery of certificate. \r\n \r\n(e)  the rates according to which the fees payable in respect of surveys are to be \r\ncalculated in the case of all or any of the ports of survey and sums payable on \r\ndelivery of certificate. \r\n_________ \r\n \r\n \r\nCHAPTER 19. —SPECIAL TRADE PASSENGERS SHIPS \r\n \r\n 271. Special trade passenger ships to be mechanically propelled.—(1) No ship shall carry \r\nmore than fifty special trade passengers unless she is propelled wholly by electricity or other \r\nmechanical means of power. \r\n \r\n (2) The owner, agent and master of a ship in respect of which the provisions of sub-\r\nsection (1) are contravened shall each be liable to a fine which may extend to fifty thousand rupees. \r\n \r\n 272. Places appointed by Federal Government.—(1) A special trade passenger ship shall \r\nnot depart or proceed on a voyage from or receive on board or discharge special trade passengers at, \r\nany port or place within Pakistan other than a port or place appointed in this behalf by the Federal \r\nGovernment. \r\n \r\nPage 112 of 233 \r\n \r\n \r\n (2) After a ship has departed or proceeded on a voyage from a port or place so appointed, a \r\nperson shall not be received on board as a special trade passenger except at some other port or place \r\nso appointed. \r\n \r\n 273. Notice to be given on day of departure.—(1) The owner, agent or master of a special \r\ntrade passenger ship intending to depart or proceed on a voyage from a port or place appointed under \r\nsection 272 shall give notice to an officer appointed in this behalf by the Federal Government stating \r\nthat the ship is to carry special trade passengers and also specifying her destination and the time at \r\nwhich it is proposed to depart or proceed. \r\n \r\n (2) The notice under sub-section (1) shall be given not less than twenty-four hours before the \r\ntime of the ship’s departure or proceeding on a voyage, if in Pakistan, at the original port from \r\nwhich she departs or proceeds on a voyage, and, in other cases, at the first port in Pakistan at which \r\nshe touches. \r\n \r\n (3) The owner, agent and master of a ship in respect of which the provisions of sub-section \r\n(l) are not complied with shall each be liable to a fine which may extend to five thousand rupees. \r\n \r\n 274. Power to enter on and inspect ship.—After receiving the notice under section 273, \r\nthe officer or a person authorised by him may at all times enter on the ship and inspect her and her \r\nfittings and the provisions and stores on board. \r\n \r\n 275. Special trade safety and space certificate.—(1) If after inspection and survey the \r\nFederal Government is satisfied in respect of a special trade passenger ship that the ship complies \r\nwith the requirements of the rules mentioned in sub-sections (2) and (3), it shall, on an application \r\nby the owner or master of the ship, cause, in addition to the certificates referred to in section \r\n342, to be prepared and delivered to the owner or master, a special trade passenger ship safety \r\ncertificate and a special trade passenger ship space certificate. \r\n \r\n (2) A special trade passenger ship safety certificate shall be in the prescribed form and shall \r\nstate that the ship has been surveyed and complies with the rules annexed to the Special Trade \r\nAgreement applicable to a voyage within the special trade area. \r\n \r\n (3) A special trade passenger ship space certificate shall be in the prescribed form, shall \r\nindicate the name of the ship, her distinctive number or letters, port of registry, gross tonnage, date \r\non which keel was laid and space available for accommodation of special trade passengers, and shall \r\nstate that the ship has been surveyed and that the spaces shown have been found to comply with \r\nthe requirements of the rules annexed to the Protocol on Space Requirements for Special Trade \r\nPassenger Ship, 1973, being a complementary to the Special Trade Agreement. \r\n \r\n (4) A certificate issued under sub-section (2) or sub-section (3) shal remain in force for a \r\nperiod of one year from the date of issue or for such period as may be specified therein. \r\n \r\n 276. Ship not to sail without certificate A and B.—(1) A ship intended to carry \r\nspecial trade passengers, between ports or places in Pakistan shall not commence a voyage from any \r\nport or place appointed under sub-section (1) of section 272 unless the master holds certificates to \r\nthe effects mentioned in sections 277 and 278. \r\n \r\n \r\nPage 113 of 233 \r\n \r\n (2) A ship intended to carry special trade passengers from or to port or place in Pakistan to or \r\nfrom a port or place outside Pakistan shall not commence a voyage from any port or place appointed \r\nunder sub-section (I) of section 272 unless the master holds— \r\n \r\n(i)  a passenger ship safety certificate; \r\n \r\n(ii)  an exemption certificate; \r\n \r\n(iii)  a special trade passenger ship safety certificate; \r\n \r\n(iv)  a special trade passenger ship space certificate; and \r\n \r\n(v)  a certificate referred to in section 278. \r\n \r\n (3) The officer of Customs whose duty it is to grant a port-clearance for the ship shall not \r\ngrant it unless the master holds the appropriate certificate for the voyage specified in sub-\r\nsection (1), or as the case may be in sub-section (2). \r\n \r\n 277. Contents of certificate A.—(1) The first of the certificates, referred to in sub-section (1) \r\nof section 276 (hereinafter called certificate A) shall be in the prescribed form and contain such \r\nparticulars as may be prescribed. \r\n \r\n (2) In particular, and without prejudice to the generality of the foregoing provisions, \r\ncertificate A shall contain the following statements and particular, namely:— \r\n \r\n(i)  that the ship is seaworthy; \r\n \r\n(ii)  that the ship is properly equipped fitted and ventilated; \r\n \r\n(iii)  the number of special trade passenger the ship is certified to carry; and \r\n \r\n(iv)  such other particulars as may be prescribed. \r\n \r\n (3) Certificate A shall remain in force for a period of one year from the date of issue or for \r\nsuch shorter period as may be specified therein. \r\n \r\n 278. Contents of certificate B.–– The second of the certificates, referred to in sub-section (1) \r\nof section 276 (hereinafter called certificate B) shall be in the prescribed form and shall state— \r\n \r\n(a)  the voyage which the ship is to make and the intermediate ports, is any, at \r\nwhich she it to touch;  \r\n \r\n(b)  that she has the proper complement of officers and seamen; \r\n \r\n(c)  that the master holds— \r\n \r\n(i)  a certificate of survey and certificate A; or \r\n \r\n \r\nPage 114 of 233 \r\n \r\n(ii)  a passenger ship safety certificate accompanied by an exemption \r\ncertificate, a special trade passenger ship safety certificate and a special \r\ntrade passenger ship space certificate; or \r\n \r\n(iii)  a nuclear passenger ship safety certificate; \r\n \r\n(d)  that she has on board such number of medical officers licensed in the \r\nprescribed manner and such number of medical attendants, if any, as may be \r\nprescribed; \r\n \r\n(e)  that food, fuel and fresh water over and above what is necessary for the crew, \r\nand the other things, if any, prescribed for special trade pasengers ships, have \r\nbeen placed on board, of the quality prescribed, properly packed, and \r\nsufficient to supply the special trade passengers on board during the voyage \r\nwhich the ship is to make (including such detention in quarantine as may be \r\nprobable) according to the prescribed scale; \r\n \r\n(f)  if the ship is to make a voyage in a season of foul weather prescribed as such \r\nand to carry upper-deck-passengers, that she is furnished with sufficient \r\nbulwarks and double awnings or with other sufficient protection against the \r\nweather; \r\n \r\n(g)  the number of cabins and special trade passengers embarked at the port of \r\nembarkation; and \r\n \r\n(h)  such other particulars, if any, as may be prescribed for special trade \r\npassengers. \r\n \r\n 279. Customs Collector or officer of Customs not to grant port-clearance certificate.––\r\nThe Customs collector or any officer of Customs shall not grant a port clearance to a ship intended \r\nto carry special trade passengers unless the master thereof holds certificate B issued under section \r\n278. \r\n \r\n 280. Survey of ship.––After receiving the notice under section 273 the certifying \r\nofficer may, if he thinks fit, cause the ship to be surveyed at the expense of the master or owner \r\nby a surveyor, who shall report to him whether the ship is in his opinion, seaworthy and properly \r\nequipped, fitted and ventilated for the service of which she is to be employed: \r\n \r\n Provided that he shall not cause a ship holding a valid certificate referred to in sub clauses (i), \r\n(ii) or (iii) of clause (c) of section 278 to be surveyed unless, by reason of the ship having met with \r\ndamage or having undergone alterations, or on other reasonable grounds, he considers it likely that \r\nshe may be found unseaworthy or not properly equipped, fitted or ventilated for the service on \r\nwhich she is to be employed. \r\n \r\n 281. Discretion as to grant of certificate B.—(1) Save as provided in sub-sections (2) and \r\n(3), it shall be in the discretion of the certifying officer to grant or withhold certificate B and, when \r\nhe withholds the certificate, he shall communicate the reasons thereof to the person concerned. \r\n \r\n \r\nPage 115 of 233 \r\n \r\n (2) The certifying officer shall not grant certificate B if he has reason to believe that the \r\nweather conditions are likely to be adverse or that the ship has on board any cargo likely from its \r\nquality, quantity or of stowage to prejudice the health or safety of the special trade passengers. \r\n \r\n (3) In the exercise of his discretion, the certifying officer shall be subject to the \r\ncontrol of the Federal Government and of any authority appointed by it in this behalf. \r\n \r\n 282. Copy of certificate to be exhibited.––The master or owner of a special trade passenger \r\nship shall post up in a conspicuous part of the ship, so as to be visible to persons on board thereof, a \r\ncopy of each of the certificates granted under this Chapter in respect of the ship, and shall keep those \r\ncopies so posted up throughout the voyage. \r\n \r\n 283. Ship taking additional passengers at intermediate places.––If any special trade \r\npassenger ship performing a voyage between ports or places in Pakistan takes additional special \r\ntrade passengers on board at an intermediate port or place, the master shall obtain from the \r\ncertifying officer at that port or place a supplementary certificate stating— \r\n \r\n(a)  the number of special trade passengers so taken on board; and \r\n \r\n(b)  that food, fuel and fresh water over and above what is necessary for the crew \r\nand the other things, if any, prescribed for such a ship, have been placed on \r\nboard, of the quality prescribed, properly packed and sufficient to supply the \r\nspecial trade passengers on board during the voyage which the ship is to make, \r\nincluding such detention in quarantine as may be probable, according to the \r\nprescribed scale: \r\n \r\n Provided that no such supplementary certificate shall be necessary if the certificate B held by \r\nthe master of the ship states that food, fuel and fresh water over and above what is necessary for the \r\ncrew, and the other things, if any, prescribed for such ships, have been placed on board, of the \r\nquality prescribed, properly packed and sufficient to supply the full number of special trade \r\npassengers which she is capable of carrying, and the master obtains thereon from the certifying \r\nofficer an endorsement showing the number of passengers taken on board, and the number of \r\npassengers discharged, at that port or place. \r\n \r\n 284. Statements concerning passengers.—(1) The master of a special trade passenger ship \r\ndeparting or proceeding on a voyage from any port or place in Pakistan to any port or place outside \r\nPakistan shall sign a statement in duplicate, specifying the total number and the respective sexes of \r\nall the special trade passengers, and the number of the crew, and shall deliver them to the \r\ncertifying officer who shall thereupon, after having first satisfied himself that the numbers are \r\ncorrect, countersign and return to the master one of the statements. \r\n \r\n (2) The master of a special trade passenger ship shall— \r\n \r\n(a)  if after the ship has departed or proceeded on such a voyage any additional \r\nspecial trade passengers are received on board at a port or place within \r\nPakistan appointed in this behalf under section 272; or \r\n \r\n(b)  if the ship upon her voyage touches or arrives at any such port or place, \r\nhaving previously received on board additional special trade passengers at any \r\nport or place outside Pakistan, obtain a fresh certificate to the effect of \r\n \r\nPage 116 of 233 \r\n \r\ncertificate B from the certifying officer at the said port or place within \r\nPakistan and shall make and deliver an additional statement specifying the \r\ntotal number and the respective sexes of all the additional passengers. \r\n \r\n 285. Deaths on voyage.—(1) When a special trade passenger ship reaches her port or place \r\nof destination after performing a voyage between ports or places in Pakistan, the master shall notify \r\nto such officer as the Federal Government may appoint in this behalf, the date and the supposed \r\ncause of death of every passenger who may die on the voyage. \r\n \r\n (2) The master of a special trade passenger ship performing a voyage between a port or \r\nplace in Pakistan to a port or place outside Pakistan shall note in writing on the statement returned to \r\nhim under sub-section (1) of section 284 and on any additional statement referred to in sub-section \r\n(2) of that section, the date and the supposed cause of death of any special trade passenger who may \r\ndie on the voyage, and shall, when the ship arrives at her port or place of destination or at any \r\nport or place where it may be intended to discharge special trade passengers, and before any \r\npassenger leaves the ship, produce the statement with any addition made thereto— \r\n \r\n(a)  where such port or place is in Pakistan, to the certifying officer or the \r\nCustoms-Collector; and \r\n \r\n(b)  where such port or place is outside Pakistan, to Pakistan consular officer. \r\n \r\n 286. Special trade passenger ships to carry medical officers.––Every ship carrying special \r\ntrade passenger shall be provided with a hospital with such medical stores and equipment as may be \r\nprescribed and shall have on board as part of her complement— \r\n \r\n(a)  where the number of special trade passengers carried does not exceed one \r\nhundred, at least one medical officer possessing such qualifications as may be \r\nprescribed; and \r\n \r\n(b)  where the number of such passenger exceeds one hundred, in addition to a \r\nmedical officer, such number of medical attendants as may be prescribed. \r\n \r\n 287. Penalty for non-compliance with certain provisions.––If a master, owner or agent \r\nof a special trade passenger ship— \r\n \r\n(a)  fails, without reasonable cause, the burden of proving which shall lie upon \r\nhim, to obtain any such supplementary certificate as is mentioned in section \r\n283; or \r\n \r\n(b)  fails to comply with any of the requirement of sections 274, 282, 284 or 286; \r\nor \r\n \r\n(c)  wilfully makes any false entry or note in or on any statement referred to in \r\nsections 284 or 285, he shall be liable to fine which may extend to fifty \r\nthousand rupees. \r\n \r\n 288. Penalty for bringing passengers from any foreign port in excess of authorised \r\nnumber.––If a ship carrying special trade passengers from any port or place beyond Pakistan \r\nto any port or place in Pakistan has on board a number of passengers greater either than the number \r\n \r\nPage 117 of 233 \r\n \r\nallowed for the ship, by or under this Chapter, or than the number allowed by the licence or \r\ncertificate, if any, granted in respect of the ship at her port or place of departure, the master and \r\nowner shall, for every special trade passenger in excess of that number, be each liable to a fine which \r\nmay extend to fifty thousand rupees. \r\n \r\n 289. Penalty for failing to supply special trade passengers with prescribed provisions.—\r\n(1) If the master of a special trade passenger ship, or any contractor employed by him for the \r\npurpose, without reasonable cause, the burden of proving which shall lie upon him, omits to \r\nsupply to any special trade passenger the prescribed allowance of food, fuel and water, he shall be \r\nliable to a fine which may extend to five thousand rupees for every special passenger who has \r\nsustained detriment by the omission to supply the prescribed provisions. \r\n \r\n (2) Where, under the terms of the ticket issued to a special trade passenger, he is not entitled \r\nto the supply of food as fore said; sub-sections (1) shall have effect in relation to such passenger \r\nas if reference therein to “food” were omitted. \r\n \r\n 290. Penalty for ship unlawfully departing or receiving passengers on board.—(1) If a \r\nspecial trade passenger ship departs or proceeds on a voyage from, or discharges special trade \r\npassengers at any port or place within Pakistan in contravention of the provisions of this Chapter, or \r\nif a person is received as a special trade passenger on board any such ship in contravention of any \r\nsuch provision, the master or owner shall, for every special trade passenger carried in the ship, or \r\nfor every special trade passenger so discharged or received on board, be liable to a fine which may \r\nextent to ten thousand rupees. \r\n \r\n (2) The Customs-Collector, if he has reasonable grounds to believe that the master or owner \r\nof a ship has contravened the provision of sub-section (1), may seize and detain the ship, whenever \r\nfound in any port or place within Pakistan, until such contravention has been adjudicated and the \r\npayment of the fines, if any, imposed on the master or owner with all costs has been enforced. \r\n \r\n 291. Penalty for fraudulent alteration in ship after certificate obtained.––If the master of \r\na special trade passenger ship after having obtained any of the certificate mentioned in this Chapter \r\nfraudulently does or suffers to be done anything where by a certificate becomes inapplicable to \r\nthe altered state of the ship, or her special trade passengers or other matters to which the certificate \r\nrelates, he shall be liable to a fine which may extend to one hundred thousand rupees. \r\n \r\n 292. Number of passengers on board not to exceed that allowed by or under this \r\nChapter.—(1) No special trade passenger ship on any voyage shall carry or attempt to carry a \r\nnumber of special trade passengers which is greater than the number allowed for the ship by or \r\nunder this Chapter. \r\n \r\n (2) The owner, agent and master of a ship in respect of which the provisions of sub-\r\nsection (1) are contravened shall each be liable to a fine which may extend to one hundred \r\nthousand rupees. \r\n \r\n 293. Penalty for discharging special trade passengers at any port or place other than \r\nthat contracted for.––If the master of special trade passenger ship discharges any special trade \r\npassenger at any port or place other than the port or place contracted for by the passenger, \r\nexcept with his previous consent, or except when the discharge is made necessary by perils of the sea \r\nor other unavoidable accident, the master shall, for each offence, be liable to a fine which may \r\nextend to ten thousand rupees. \r\n \r\nPage 118 of 233 \r\n \r\n 294. Penalty for making voyage in contravention of contract.––If a special trade passenger \r\nship, otherwise than by reason of perils of sea or other unavoidable accident, touches at any port or \r\nplace in contravention of any express or implied contract or engagement with the special trade \r\npassengers with respect to the voyage which the ship was to make and the time which that voyage \r\nwas to occupy, whether the contract or engagement was made by public advertisement or otherwise, \r\nthe master and owner shall each be liable to a fine which may extend to ten thousand rupees. \r\n \r\n 295. Forwarding of passengers by Pakistan Consular Officers.––(1) If any special trade \r\npassenger from a ship which is on a voyage from any port or place in Pakistan finds himself, \r\nwithout any neglect or default of his own, at any port or place outside Pakistan other than the port \r\nor place for which the ship was originally bound or at which he has contracted to be discharged, \r\nthe Pakistan consular officer at or near that port or place may forward the passenger to his intended \r\ndestination, unless the master, owner or agent of the ship within forty-eight hours of the arrival of \r\nthe passenger gives to that officer a written undertaking to forward the passenger within four weeks \r\nthereafter to his original destination and forwards him accordingly within that period. \r\n \r\n (2) A passenger so forwarded by a Pakistan consular officer shall not be entitled to the return \r\nof his passage money or to any compensation for loss of passage. \r\n \r\n 296. Recovery of expenses incurred in forwarding passengers.—(1) All expenses incurred \r\nunder section 295 by a Pakistan consular officer in respect of the forwarding of a passenger to his \r\ndestination, including the cost of maintaining the passenger until he is forwarded to his destination, \r\nshall be a debt due to the Federal Government jointly and severally from the owner, charterer, agent \r\nand master of the ship on board which the passenger had embarked. \r\n \r\n (2) In any proceeding for the recovery of that debt a certificate purporting to be under the \r\nhand of the Pakistan consular officer and stating the circumstances of the case and the total \r\namount of the expenses shall be prima facie evidence of the amount of the expenses and of the fact \r\nthat the same were duly incurred. \r\n \r\n 297. Information to be sent to ports of embarkation and dis-embarkation.—(1) The \r\nofficer appointed by the Federal Government in this behalf, at any port or place within Pakistan at \r\nwhich a special trade passenger ship touches or arrives, shall send any particulars which he may \r\ndeem important respecting the special trade passenger ship, and the special trade passengers \r\ncarried therein, to the officer at the port or place from which the ship commenced her voyage, and to \r\nthe officer at any other port or place within Pakistan where the special trade passengers or any of \r\nthem embarked or are to be disembarked. \r\n \r\n (2) The officer aforesaid may go on board any such ship and inspect herein order to ascertain \r\nwhether the provisions of this Chapter as to the number of special trade passengers and other matters \r\nhave been complied with. \r\n \r\n 298. Information sent under section 297, etc., to be admissible in evidence.––In any \r\nproceeding for the adjudication of any penalty incurred under this Chapter, any document purporting \r\nto be particulars sent under sub-section (1) of section 297 or a copy of the proceedings of any \r\ncourt of law duly authenticated, and also any like document purporting to be made and signed by a \r\nPakistan consular officer shall be received in evidence, if it appears to have been officially \r\ntransmitted to any officer at or near the place where the proceeding under this Chapter is held. \r\n \r\n \r\nPage 119 of 233 \r\n \r\n 299. Power to make rules as to special trade passenger ships.—(1) The Federal \r\nGovernment may, by notification in the official Gazette, make rules to carry out the purposes of this \r\nchapter. \r\n \r\n (2) In particular, and without prejudice to the generality of the foregoing power, such rules \r\nmay provide for all or any of the following matters, namely:— \r\n \r\n(a)  the classification of voyages with reference to the distance between the port of \r\ndeparture and the port of destination, the duration of the voyage or any other \r\nconsideration which the Federal Government may think fit to take into account \r\nfor the purpose; \r\n \r\n(b)  the seasons of fair weather and seasons of foul weather for purposes of \r\nany voyage; \r\n \r\n(c)  the space to be allowed for special trade passengers, in respect of different \r\nclasses of voyages and for seasons of fair and foul weather; \r\n \r\n(d)  the disallowance of any space considered unsuitable by the surveyor for the \r\ncarriage of special trade passengers; \r\n \r\n(e)  the space to be set apart for alleyways, passages and the like; \r\n \r\n(f)  the provision of airing space for special trade passengers; \r\n \r\n(g)  the scale according to which dining rooms, latrines, wash places, baths, \r\ndressing rooms and other amenities are to be provided; \r\n \r\n(h)  the provision of separate accommodation for women and children; \r\n \r\n(i)  the prohibition or regulation of the carriage of cargo in any space reserved for \r\npassengers; \r\n \r\n(j)  where the deck on which special trade passengers are accommodated is not \r\ncovered with wood, the nature of the sheathing to be provided in the space \r\nreserved for passengers; \r\n \r\n(k)  the disposal of baggage of passengers on board ship and the provisions of \r\nseparate space in the between decks for the storage of light baggage; \r\n \r\n(l)  the conditions under which passengers may be allowed to be carried in the \r\nupper deck in seasons of foul weather; \r\n \r\n(m)  the provision of bunks for special trade passengers or for any proportion of \r\nsuch passengers on any specified classes of voyage, and the size ad other \r\nparticulars relating to the bunks to be so provided; \r\n \r\n(n)  the scale on which food and water are to be supplied to passengers or to any \r\nclass of passengers, and the quality of the food, fuel and water; \r\n \r\n \r\nPage 120 of 233 \r\n \r\n(o)  the nature and extent of hospital accommodation and the medical stores and \r\nother appliances and fittings to be provided on board for maintaining health, \r\ncleanliness and decency; \r\n \r\n(p)  the licensing and appointment of medical officers and attendants in cases \r\nwhere they are required by this Chapter to be carried; \r\n \r\n(q)  the anchors and cables to be provided on board; \r\n \r\n(r)  the instruments to be supplied for purposes of navigation; \r\n \r\n(s)  the functions of the master, medical officer, if any, and other officers of the \r\nship during the voyage; \r\n \r\n(t)  the access of between decks passengers to the upper-deck; \r\n \r\n(u)  the local limits within which, at the time and mode at and in which passengers \r\nare to be embarked or disembarked at any port or place appointed under this \r\nChapter in that behalf; \r\n \r\n(v)  the time within which any ship of a specified class is to depart or proceed on \r\nher voyage after commencing to take passengers on board; \r\n \r\n(w)  the conditions under which live-stock may be allowed to be carried; and \r\n \r\n(x)  the licensing, supervision and control of persons engaged in assisting persons \r\nto obtain special trade passenger accommodation in ships departing or \r\nproceeding from any port or place in Pakistan and prohibition of unlicensed \r\npersons from being so engaged. \r\n_________ \r\n \r\n \r\nCHAPTER 20. — PILGRIM SHIPS \r\n \r\n 300. Application of certain provisions of Chapter 19 to pilgrim ships.––The provisions of \r\nsections 272 to 282 (both inclusive) and sections 289 to 298 (both inclusive) shall, so far as they \r\nare not inconsistent with a provisions of this Chapter, shall apply to pilgrim ships as they apply \r\nto special trade passenger ships, and for the purpose of such application— \r\n \r\n(a)  all references therein to special trade passenger ships and special trade \r\npassengers shall be construed as references to pilgrim ships and to pilgrims \r\nrespectively; and \r\n \r\n(b)  clauses (f) and (g) of section 278 shall be deemed to have been omitted. \r\n \r\n 301. Pilgrim ships to be mechanically propelled.—(1) No ship shall be employed, or \r\nproceed on a voyage, as a pilgrim ship unless she is propelled wholly by electricity or other \r\nmechanical means of power. \r\n \r\n (2) The owner, agent and master of a ship in respect of which the provisions of sub-\r\nsection (1) are contravened shall each be liable to a fine which may extend to fifty thousand rupees. \r\n \r\nPage 121 of 233 \r\n \r\n 302. Accommodation, etc; for pilgrims.—(1) The Federal Government may, by rules, \r\ndetermine the number of pilgrims to be carried on any pilgrim ship and the accommodation to be \r\nprovided for each pilgrim on board such ship. \r\n \r\n (2) Every pilgrim ship shall have reserved for the use of the pilgrims on board \r\ngratuitously by day and by night so much of the upper-deck space as is not required for the airing \r\nspace of the crew or for permanent structures and, subject to any rules made in this behalf, such \r\nspace may be allotted among the different classes of pilgrims in such proportion as may be thought \r\nfit: \r\n \r\n Provided that the upper-deck space available for pilgrims shall in no case be less than 0.56 \r\nsquare metres (six square feet) for each pilgrim of each class. \r\n \r\n 303. Disposal of pilgrims baggage.––The baggage of all pilgrims shall be disposed of on \r\nboard in such manner as may be prescribed. \r\n \r\n 304. Hospital accommodation.––There shall be a regularly appointed hospital on board \r\nevery pilgrim ship, offering such conditions of security, health and space, and capable of \r\naccommodating such number, not exceeding five per cent of the pilgrims embarked as may be \r\nprescribed. \r\n \r\n 305. Statement concerning pilgrims to be delivered before ship departs.––The master of \r\nevery pilgrim ship departing or proceeding on a voyage from any port in Pakistan shall sign a \r\nstatement in duplicate in the prescribed form specifying the total number and the number of each sex \r\nof all the pilgrims embarked and the number of the crew, and such other particulars as may be \r\nprescribed, and shall deliver both copies to the certifying officer who shall thereupon, after having \r\nfirst satisfied himself that the entries are correct, countersign and return to the master one of the \r\ncopies. \r\n \r\n 306. Death on voyage.––The master of every pilgrim ship shall note in writing on the copy \r\nof the statement returned to him under section 305, and on any additional statement to be made \r\nunder section 307, the date and the supposed cause of death of any pilgrim who may die on the \r\nvoyage, and shall when the pilgrim ship arrives at her port or place of destination or any port or \r\nplace at which it may be intended to discharge pilgrims, and before any pilgrims disembark, \r\nproduce the statement, with any additions made thereto–– \r\n \r\n(a)  where such port or place is in Pakistan, to the certifying officer or the officer \r\nof Customs; and \r\n \r\n(b)  where such port or place is outside Pakistan, to the Pakistan consular officer. \r\n \r\n 307. Pilgrim ship taking additional pilgrims at intermediate place.––The master of a \r\npilgrim ship shall— \r\n \r\n(a)  if, after the ship has departed or proceeded on her voyage, any additional \r\npilgrims are received on board at a port or place within Pakistan \r\nappointed in this behalf under section 272; or \r\n \r\n(b)  if the ship upon her voyage touches or arrives at any such port or place, \r\nhaving previously received on board additional pilgrims at any place beyond \r\n \r\nPage 122 of 233 \r\n \r\nPakistan, obtain a fresh certificate on the lines of certificate B from the \r\ncertifying officer at the said port or place, within Pakistan and shall make and \r\ndeliver an additional statement, in duplicate in the prescribed form in respect \r\nof such additional pilgrims. \r\n \r\n 308. Statement concerning pilgrims to be delivered before pilgrims disembark in \r\nPakistan.––The master of every pilgrim ship arriving at any port or place in Pakistan at which it \r\nmay be intended to discharge pilgrims shall, before any pilgrims disembark, deliver to the certifying \r\nofficer appointed thereat, a statement signed by him specifying the total number and the number \r\nof each sex of all the pilgrims on board and the number of the crew and such other particulars as may \r\nbe prescribed. \r\n \r\n 309. Penalty for not complying with requirements as to statements concerning pilgrims, \r\netc.––If the master of a pilgrim ship fails to comply with any of the requirements of section 305, or \r\nsection 306, or section 308 as to the statements concerning pilgrims, or wilfully makes any \r\nfalse entry or note in or on any such statement, or fails to obtain any such fresh certificate or to make \r\nany such statement of the number of additional pilgrims as is mentioned in section 307, he shall, in \r\nrespect of each offence, be liable to a fine which may extend to ten thousand rupees. \r\n \r\n 310. Certain pilgrim ships to carry medical officers and attendants.—(1) Every pilgrim \r\nship carrying pilgrims and crew exceeding one hundred in number shall have on board a \r\nmedical officer possessing such qualifications as may be prescribed, and, if the number of \r\npilgrims and crew carried exceeds one thousand, a second medical officer similarly qualified, and if \r\nthe aforesaid number exceeds two thousand, a third medical officer similarly qualified, and also in \r\nall cases such attendants as may be prescribed; and such medical officers and attendants shall give \r\ntheir services free to all pilgrims on board. \r\n \r\n (2) If medical officers and attendants are not carried on a pilgrim ship in accordance with the \r\nprovisions of sub-section (1), the master, owner and agent shall each be liable to a fine which may \r\nextend to fifty thousand rupees. \r\n \r\n (3) Any medical officer or attendants on a pilgrim ship who charges any pilgrim on such ship \r\nfor his services shall, for each offence, be liable to a fine which may extend to ten thousand rupees. \r\n \r\n 311. Medical officer’s diaries and reports.–– Every medical officer on a pilgrim ship shall \r\nkeep such diaries and shall submit such reports or other returns as may be prescribed. \r\n \r\n 312. Bond where pilgrim ship proceeds on outward voyage.—(1) Port–clearance shall \r\nnot be granted from any port in Pakistan to any pilgrim ship unless the master, owner or agent and \r\ntwo sureties resident in Pakistan have executed, in favour of the Federal Government, a joint and \r\nseveral bond for the sum of fifty thousand rupees covering all voyages which may be made by the \r\nship in the current pilgrim season, conditioned that–– \r\n \r\n(a)  the master and medical officer, as the case may be, shall, comply with the \r\nprovisions of this Chapter and the rules made thereunder; and \r\n \r\n(b)  the master, owner or agent, as the case may be, shall pay any sum claimed \r\nby the Federal Government under section 318. \r\n \r\n \r\nPage 123 of 233 \r\n \r\n (2) A bond may be given under this section covering any or all of the pilgrim ships owned \r\nby one owner, and in such case the amount of the bond shall be fifty thousand rupees for each ship \r\ncovered. \r\n \r\n 313. Medical inspection and permission required before embarkation of pilgrims.—(1) \r\nNo pilgrim shall be received on board any pilgrim ship at any port or place in Pakistan unless and \r\nuntil he or she has been medically inspected, at such time and place, and in such manner, as the \r\nFederal Government may fix in this behalf, nor until the certifying officer has given permission for \r\nthe embarkation of pilgrims to commence. \r\n \r\n (2) So far as may be practicable, and subject to any rules made in this behalf, the medical \r\ninspection of female pilgrims shall be carried out by women. \r\n \r\n (3) No pilgrim shall be received on board any pilgrim ship unless he or she produces medical \r\ncertificates signed by persons, who, in the opinion of the officer making an inspection under this \r\nsection, are duly qualified to grant such certificates, showing that such pilgrim has been, within \r\nsuch period before embarkation, inoculated or vaccinated against any such disease as may be \r\nprescribed. \r\n \r\n (4) If, in the opinion of the officer making an inspection under this section, any \r\npilgrim is suffering from cholera or choleraic indisposition, or any dangerously infectious or \r\ncontagious disease, or shows any signs of the same or any other suspicious symptoms, such pilgrim \r\nshall not be permitted to embark. \r\n \r\n (5) All articles which have been contaminated by persons suffering from cholera or choleraic \r\nindisposition, or any dangerously infectious or contagious disease or are suspected of having been \r\nso contaminated shall, before being taken on board a pilgrim ship, be disinfected, under the \r\nsupervision of a medical officer appointed by the Federal Government for the purpose, in such \r\nmanner as may be prescribed. \r\n \r\n (6) If the master of any ship knowingly receives on board any pilgrim or contaminated \r\narticles in contravention of any of the provisions of this section, he shall be liable to a fine which \r\nmay extend to ten thousand rupees. \r\n \r\n 314. Medical inspections after embarkation in certain cases.— (1) If in any case a pilgrim \r\nship does not proceed on her voyage within forty-eight hours after all the pilgrims have been \r\nreceived on board, and there is reason to suspect that any person on board is suffering from cholera \r\nor choleraic indisposition or any dangerously infectious or contagious disease, a medical inspection \r\nof all persons on board may be held in such manner as the Federal Government may direct. \r\n \r\n (2) If on such inspection any person is found to be suffering from cholera or choleraic \r\nindisposition or any dangerously infectious or contagious disease, or shows any signs of the same or \r\nany other suspicious symptoms, he shall, together with all articles belonging to him, be at once \r\nremoved from the ship. \r\n \r\n (3) If the master knowingly keeps on board any pilgrim or article ordered to be removed \r\nunder this section, he shall be liable to a fine which may extend to ten thousands rupees. \r\n \r\n 315. Returan passage to be secured.–– No pilgrim shall be received on board any \r\npilgrim ship at any port or place in Pakistan unless he— \r\n \r\nPage 124 of 233 \r\n \r\n(a)  is in possession of a return ticket; or \r\n \r\n(b)  has deposited in the prescribed manner such sum for the purpose of defraying \r\nthe cost of a return ticket as the Federal Government may, by notification in the official Gazette, \r\nspecify \r\n \r\n Provided that the officer authorised in the behalf by the Federal Government may, if he is \r\nsatisfied that it is inexpedient in the special circumstances of the case to enforce all or any of the \r\nabove requirements, exempt any pilgrim from the same. \r\n \r\n 316. Issue or production of tickets.— (1) Every pilgrim travelling on a pilgrim ship shall be \r\nentitled, on payment of his passage-money and fulfilment of other prescribed conditions, if any, to \r\nreceive a ticket in the prescribed form, and shall be bound to produce it to such officers and on \r\nsuch occasions as may be prescribed and otherwise to deal with it in the prescribed manner: \r\n \r\n Provided that no pilgrim who has not been exempted under the proviso to section 315 shall \r\nbe given a ticket other than a return ticket unless he has made the deposit required by that section. \r\n \r\n (2) Any ticket issued to a pilgrim for a voyage on a pilgrim ship shall entitle him to receive \r\nfood and water, on the scale and of the quality prescribed and necessary medicines and medical \r\ntreatment free of further charge, throughout the voyage. \r\n \r\n 317. Refund of deposits and passage–money.—(1) Every pilgrim prevented from \r\nembarking under section 313 or removed from the ship under section 314 shall be entitled to the \r\nrefund of any passage-money which he may have paid, and of any deposit which he may have made \r\nunder section 315. \r\n \r\n (2) Any pilgrim who, within two months of his sailing from Pakistan, satisfies the Pakistan \r\nconsular officer at Jeddah that he intends to remain in the Kingdom of Saudi Arabia, or to return to \r\nPakistan by a route other than the route by which he came from Pakistan, shall be entitled to a \r\nrefund of any deposit made by him under section 315 or, if he is in possession of a return ticket, to a \r\nrefund of half the passage-money paid by him. \r\n \r\n (3) Where any pilgrim dies in the Kingdom of Saudi Arabia or on the voyage thereto, any \r\nperson nominated by him in this behalf in writing in the prescribed manner, or, if no person has been \r\nso nominated his legal representative shall be entitled to a refund of any deposit made by such \r\npilgrim under section 315, or, if such pilgrim was in possession of a return ticket, to a refund of the \r\npassage-money paid by such pilgrim. \r\n \r\n (4) Where any pilgrim fails to return to Pakistan from the Kingdom of Saudi Arabia within \r\nsix months of his sailing from Pakistan, or returns to Pakistan by a route other than the route by \r\nwhich he came from Pakistan, he or any person nominated by him in this behalf in writing in the \r\nprescribed manner shall be entitled to a refund of any deposit made by such pilgrim under section \r\n315, or, if such pilgrim was in possession of a return ticket, to a refund of half the passage-money \r\npaid by such pilgrim except where such deposit or passage-money has already been refunded under \r\nthis section. \r\n \r\n (5) Refunds under sub-sections (1), (2), (3) and (4) of deposits shall be subject to such \r\nconditions and of passage-money to such deductions and conditions as may be prescribed. \r\n \r\n \r\nPage 125 of 233 \r\n \r\n 318. Unclaimed deposits and passage money to vest in Federal Government. — (1) All \r\ndeposits made under section 315 which have been unclaimed for the prescribed period shall vest in \r\nthe Federal Government. \r\n \r\n (2) If any pilgrim entitled to a refund of passage-money under sub-section (1) of section 317, \r\ndoes not claim such refund within the prescribed period, or if any pilgrim who has purchased a \r\nreturn ticket does not on the basis of such ticket obtain a return passage from the Kingdom of Saudi \r\nArabia within the prescribed period and the value of the return half of such ticket has not been \r\nrefunded under sub-sections (2) or (3) or (4) of the aforesaid section, such passage-money or value \r\nshall vest in the Federal Government. \r\n \r\n (3) Unclaimed deposits and passage-money vesting in the Federal Government under sub-\r\nsection (1) or sub-section (2) shall be made over to such authority administering any fund maintained \r\nfor the assistance of pilgrims as the Federal Government may, by general or special order, \r\ndesignate in this behalf. \r\n \r\n 319. Cost of return journey of pilgrims on ships other than those for which \r\nreturn ticket is available.— (1) The master, owner or agent of a pilgrim ship shall make all \r\narrangements for ensuring the return ex-Jeddah, within a period of sixty days after the Hajj day, of \r\nall pilgrims in possession of return tickets issued in Pakistan who are carried to the Kingdom of \r\nSaudi Arabia by such ship: \r\n \r\n Provided that, for the purpose of computing the said period of sixty days, no period shall be \r\ntaken into account during which the ship is prevented from carrying pilgrims on the return passage \r\nby reason of the port of Jeddah having been declared by proper authority to be infected, or by reason \r\nof war, disturbance, or any other cause not arising from any act or default of the master, owner or \r\nagent. \r\n \r\n (2) Where any such pilgrim who has notified to the prescribed authority in the prescribed \r\nmanner his desire to embark for the return voyage is, owing to his inability to obtain \r\naccommodation within the period of sixty days aforesaid, detained at Jeddah beyond the said \r\nperiod, the master, owner or agent of the ship in which such pilgrim was carried to the Kingdom \r\nof Saudi Arabia shall pay to the Federal Government in respect of such pilgrim such sum not \r\nexceeding double the sum received by the master, owner or agent in respect of the return ticket as \r\nthe Federal Government claims as the cost of repatriating the pilgrim, together with a sum of fifty \r\nrupees for each day after the expiry of the period aforesaid during which the pilgrim has been \r\ndetained at Jeddah. \r\n \r\n (3) A certificate of such detention purporting to be made and signed by the Pakistan consular \r\nofficer at Jeddah shall be received in evidence in any court in Pakistan without proof of the signature \r\nor of the official character of the person who has signed the same. \r\n \r\n 320. Notice of proceeding of pilgrim ship on voyage.— (1) The master, owner or \r\nagent of any ship which is intended to proceed on a voyage as a pilgrim ship from any port or place \r\nin Pakistan shall before advertising such ship for the conveyance of pilgrims or offering to convey \r\nany pilgrim by such ship or selling or permitting any person to sell a passage ticket to any pilgrim \r\nfor conveyance by such ship, supply to the prescribed officer (hereinafter referred to as the Port \r\nHajj Officer) at the port or place from which the ship is to commence the voyage, and at each port \r\nor place in Pakistan at which it is to touch for the purpose of receiving pilgrims on board, full \r\nparticulars as to the class, tonnage and age of the ship, the maximum number of passage tickets of \r\n \r\nPage 126 of 233 \r\n \r\neach class to be issued, the maximum price of each class of ticket, the date on which the ship is to \r\ndepart or proceed on a voyage from that port or place, the ports, if any, at which it is to touch, the \r\nplace of its destination, and the probable date of its arrival thereat. \r\n \r\n (2) The master, owner or agent shall supply to the Port Hajj Officer, within three days from \r\nthe date of demand, such further information in regard to the matters mentioned in sub-section \r\n(1) as that officer may in writing demand from him. \r\n \r\n (3) The master, owner or agent of a pilgrim ship shall, at such time not being less than ten \r\ndays preceding the date of departure or proceeding on voyage of the ship from any port or place in \r\nPakistan as may be prescribed, advertise at such port or place in the prescribed manner— \r\n \r\n(a)  the place of destination of the ship; \r\n \r\n(b)  the proposed date of departure or proceeding on voyage from that port or place \r\nwhich shall be the date communicated to the Port Hajj Officer under sub-\r\nsection (1); and \r\n \r\n(c)  the price of each class of passage tickets, which shall not be in excess of the \r\nprice communicated to the Port Hajj Officer under sub-section (1). \r\n \r\n (4) A master, owner or agent of a pilgrim ship who— \r\n \r\n(a)  without reasonable cause, the burden of proving which shall lie upon him, \r\nfails or refuses to supply any particulars or information which he is by or \r\nunder this section required to supply, or supplies false particulars or \r\ninformation; or \r\n \r\n(b)  advertises any ship for the conveyance of pilgrims, or offers to convey \r\npilgrims by any ship, or sells or promises or permits any person to sell \r\npassage tickets to pilgrims for conveyance by any ship, without having first \r\nsupplied the particulars required by sub-section (1) and in accordance with \r\nthe provisions of that sub-section; or \r\n \r\n(c)  advertises a date of departure or proceeding on voyage from any port or \r\nplace other than the date communicated to the Port Hajj Officer at that port or \r\nplace under sub-section (1), or advertises a price for passage tickets at that port \r\nor place in excess of the price so communicated; or \r\n \r\n(d)  offers to convey pilgrims by any ship from any port or place in Pakistan or \r\nsells or promises or permits any person to sell passage tickets to pilgrims for \r\nconveyance by a ship from any such port or place without having made \r\nadvertisement, as required by sub-section (3), of the matters specified in that \r\nsub-section ; or  \r\n \r\n(e)   sells or permits an person to sell to any pilgrim any passage ticket at a \r\nprice in excess of the price communicated to the Port Hajj Officer under sub–\r\nsection (1), shall be liable to a fine which may extend to ten thousand rupees. \r\n \r\n \r\nPage 127 of 233 \r\n \r\n 321. Compensation for delay in departing or proceeding on voyage.— (1) If a pilgrim \r\nship fails to depart or proceed on voyage from any port or place on the date advertised under sub-\r\nsection (3) of section 320, the master, owner or agent shall be liable to pay as compensation to each \r\npilgrim who has paid his passage money on or before such date the stum of fifty rupees for each \r\ncompleted day during which the departure or proceeding on voyage of the ship is delayed after that \r\ndate: \r\n \r\n Provided that such compensation shall not be payable in respect of any period during which \r\nthe departure of the ship is impossible owing to any cause not arising from the act or default of the \r\nmaster, owner or agent, the burden of proving which shall lie on the master, owner or agent: \r\n \r\n Provided further that where compensation has been paid or has become payable to any \r\npilgrim in respect of delay in the departure or proceeding on voyage of the ship from any port or \r\nplace and the departure or proceeding on voyage of the ship from any other port or place is \r\nthereafter delayed, the pilgrim shall be entitled to compensation only in respect of any period by \r\nwhich the duration of such further delay exceeds, the duration of the delay in respect of which he has \r\nalready received or become entitled to compensation. \r\n \r\n (2) In the event of such failure, the master, owner or agent shall be bound forth-with to \r\ninform the Port Hajj Officer at the port or place at which the delay occurs of the number of passage \r\ntickets of each class which have been issued for the voyage on or before the advertised date of \r\ndeparture or proceeding on voyage. \r\n \r\n (3) Any sum payable to the pilgrims as compensation under sub-section (1) shall be paid to \r\nthe Port Hajj Officer at the port or place at which the delay occurs by the master, owner or \r\nagent on receipt by him of a notice from that officer specifying the sum payable; and the Port \r\nHajj Officer shall, in such manner as may be prescribed, pay to each such pilgrim the \r\ncompensation paid in respect of his detention: \r\n \r\n Provided that, if an objection is made by the master, owner or agent that the sum specified in \r\nany such notice or any part of such sum is not payable by him, the sum paid or, as the case may \r\nbe, the balance thereof remaining after payment to the pilgrims entitled thereto of compensation \r\nthe right to which is not in dispute, shall be held in deposit until the objection has been decided: \r\n \r\n Provided further that if, for any reason, the compensation due to any pilgrim cannot be \r\npaid to him at the time of embarkation or at or before the time of his disembarkation at the port of his \r\ndestination, the sum so remaining unpaid shall be made over to such authority as is referred to in \r\nsub-section (3) of section 318. \r\n \r\n (4) If the master, owner or agent objects that the sum specified in the notice issued under \r\nsub-section (3) or any part thereof is not payable by him, he may, at the time of payment of \r\nsuch sum, give to the Port Hajj Officer notice of his objection, together with a statement of the \r\ngrounds thereof, and the Port Hajj Officer shall thereupon either cancel or modify the aforesaid \r\nnotice in accordance with the objection and refund the sum held in deposit under sub-section (3), or \r\nrefer the objection for decision to a Magistrate of the first class exercising jurisdiction at the port or \r\nplace at which the ship is delayed whose decision on such reference shall be final. \r\n \r\n (5) If the Magistrate decides on a reference under sub-section (4) that any sum held in \r\ndeposit is not payable as compensation under sub-section (1), such sum shall be refunded to the \r\nmaster, owner or agent, as the case may be. \r\n \r\nPage 128 of 233 \r\n \r\n \r\n (6) On the failure of any pilgrim ship to depart or proceed on voyage from any port or place \r\non the date advertised under sub-section (3) of section 320, the Port Hajj Officer at that port or place \r\nshall forthwith give notice of such failure to the officer authorised to grant port-clearance to ships \r\nthereat, and such officer shall refuse port clearance to the pilgrim ship until the master, owner or \r\nagent produces to him a certificate of the Port Hajj Officer that all sums payable by way of \r\ncompensation under this section up to the day on which the ship is to depart or proceed on \r\nvoyage have been paid. \r\n \r\n (7) Nothing in this section or in section 324 shall apply to any advertisement made before \r\nthe time prescribed under sub-section (3) of section 320, and intended to give the public \r\ninformation of the approximate date of the departure or proceeding on voyage of a pilgrim ship, \r\nwhere such advertisement clearly states that the date so advertised is approximate only and that the \r\ncorrct proposed date shall be advertised later. \r\n \r\n 322. Substitution of ships.––Notwithstanding anything contained in section 320 or section \r\n321, where any ship which has been advertised under sub-section (3) of section 320 for the \r\nconveyance of pilgrims has been or is likely to be delayed beyond the advertised date of departure \r\nor proceeding on voyage, the owner or agent may, with the permission in writing of the Federal \r\nGovernment, substitute for it any other ship which is capable of carrying not less than the same \r\nnumber of pilgrims of each class, and where the ship is substituted with such permission the \r\nadvertisement shall be deemed to have been made in respect of the ship so substituted, and all the \r\nprovisions of those sections shall apply accordingly in respect of such ship. \r\n \r\n 323. Sanitary taxes payable by the master.––The master of every pilgrim ship shall be \r\nbound to pay the whole amount of the sanitary taxes imposed by lawful authority at the ports \r\nvisited and such amount shall be included in the cost of the tickets issued to the pilgrims. \r\n \r\n 324. Power to exempt ship from provisions of Chapter 20.—(1) The Federal Government \r\nmay subject to such conditions as it thinks fit, exempt any ship or class of ships from any provisions \r\nof this Chapter relating to pilgrim ships. \r\n \r\n (2) In imposing a condition under this section, the Federal Government may direct that a \r\nbreach of it shall be liable to a fine which may extend to ten thousand rupees. \r\n \r\n 325. Appointment of officers.–– The Federal Government shall appoint such persons as it \r\nthinks fit to exercise the powers and perform duties which are conferred and imposed by this \r\nChapter or may be conferred and imposed thereunder. \r\n \r\n 326. Power to make rules.—(1) The Federal Government may, by notification in the \r\nofficial Gazette, make rules to carry out the purposes of this Chapter. \r\n \r\n (2) In particular, and without prejudice to the generality of the foregoing power, such rules \r\nmay provide for all or any of the following matters, namely:— \r\n \r\n(a)  the principles to be followed for determining the number of pilgrims to be \r\ncarried on any pilgrim ship; \r\n \r\n(b)  the provision of bunks and the size and other particulars relating to the bunks \r\nto be so provided; \r\n \r\nPage 129 of 233 \r\n \r\n(c)  the allotment of the upper-deck space between various classes of pilgrims; \r\n \r\n(d)  the amount and distribution of the baggage of the pilgrims; \r\n \r\n(e)  the boats, anchors and cables to be provided on board pilgrim ships; \r\n \r\n(f)  the instruments to be supplied for purposes of navigation; \r\n \r\n(g)  the fittings and other appliances to be provided in the upper and between– \r\ndecks for the comfort and convenience of pilgrims; \r\n \r\n(h)  the basic scale on which, and the manner in which cooked and uncooked food \r\nand water are to be supplied to pilgrims, and the quality of such food and \r\nwater; \r\n \r\n(i)  the kinds of food to be provided for pilgrims on payment, in addition to the \r\nfood to be supplied in accordance with the basic scale, and the charges which \r\nmay be made for the same; \r\n \r\n(j)  the quality, quantity and storage of the cargo to be carried; \r\n \r\n(k)  the nature and the extent of the hospital accommodation and the medical \r\nstores, disinfectants, and other appliances and fittings to be provided on board \r\nfree of charge to pilgrims for maintaining health, cleanliness and decency; \r\n \r\n(l)  the form of the statements to be furnished by the master under sections 205 \r\nand 308 and the particulars to be entered therein; \r\n \r\n(m)  the manner in which provisional bookings may be made, the acceptance of \r\ndeposits for such bookings and the forfeiture of any part of the deposit in cases \r\nin which any such bookings are cancelled; \r\n \r\n(n)  the appointment of medical officers and other attendants in cases where they \r\nare required by this Chapter to be carried, and the diaries, reports and other \r\nreturns to be kept or submitted by such medical officers; \r\n \r\n(o)  the manner in which contaminated articles shall be disinfected before being \r\ntaken on board a pilgrim ship; \r\n \r\n(p)  the manner in which, and the persons by whom, the medical inspection of \r\nwomen shall be carried out; \r\n \r\n(q)  the manner in, which deposits shall be made for the purposes of section 315 \r\nand any matter in respect of which provision is, in the opinion of the Federal \r\nGovernment, necessary or expedient for the purpose of giving effect to the \r\nprovisions of that section; \r\n \r\n(r)  the supply of tickets to intending pilgrims, the form of such tickets and the \r\nconditions and other matters to be specified thereon, and the amount of the \r\nsanitary taxes to be included in the cost thereof; \r\n \r\nPage 130 of 233 \r\n \r\n(s)  the refund of deposits and passage money under section 317 and the manner \r\nin which persons shall be nominated under that section for the purpose of \r\nentitling them to a refund; \r\n \r\n(t)  the period after which unclaimed passage-money and desposits liable to be \r\nrefunded shall vest in the Federal Government and the purposes to which sums \r\nso vesting shall be applied; \r\n \r\n(u)  the manner in which the proposed date of departure or proceeding on voyage \r\nshall be advertised under section 320, the manner in which payment shall be \r\nmade under section 322 to pilgrims and to the Port Hajj Officer ; and the \r\nprocedure to be followed by masters, owners or agents and by Port Hajj \r\nOfficers and Magistrates in proceedings under that section; \r\n \r\n(v)  the functions of the master, medical officer or officers, if any, and other \r\nofficers during the voyage; \r\n \r\n(w)  the local limits within which, and the time and mode at and in which, \r\npilgrims shall be received on board or discharged at any port or place \r\nappointed under this Chapter in that behalf; \r\n \r\n(x)  the time within which a pilgrim ship shall depart or proceed on her voyage \r\nafter commencing to take pilgrims on board; and \r\n \r\n(y)  prohibition of pilgrim being received on board any pilgrim ship, unless he is in \r\npossession of a passport or a pilgrims pass ; the issue of pilgrims passes, and \r\nthe form of and fees which may be charged for such passes. \r\n \r\n (3) If the master or a medical officer, if any, of a pilgrim ship without reasonable cause, \r\nthe burden of proving which shall lie upon him, contravenes, or omits or neglects to comply with \r\nany rule made under this section he shall in respect of each offence, be liable to a fine which may \r\nextend to ten thousand rupees. \r\n___________ \r\n \r\nPART VI––SAFETY \r\n \r\nCHAPTER 21.–– CONSTRUCTION OF SHIPS AND SAFETY EQUIPMENT, ETC. \r\n \r\n327. Countries to which the safety and Load Line Convention apply.—(1) The \r\nFederal Government, if satisfied— \r\n \r\n(a)  that the Government of any country has accepted or denounced the Safety \r\nConvention or the Load Line Convention; or \r\n \r\n(b)  that  the Safety Convention or, as the case may be, the Load Line Convention \r\nextends or has ceased to extend to any territory; \r\n \r\n   may, by notification in the official Gazette, make a declaration to that effect. \r\n \r\n \r\nPage 131 of 233 \r\n \r\n 328. Construction of passenger ships.—(1) The Federal Government may, by notification \r\nin the official Gazette, make rules, prescribing the requirements that the hull, equipment and \r\nmachinery of Pakistani passenger ships shall comply with. \r\n \r\n (2) The rules made under sub-section (1) shall include such requirements as appear to the \r\nFederal Government to implement the provisions of the Safety Convention prescribing the \r\nrequirements that the hull, equipment and machinery of passgenger ships shall comply with, except \r\nso far as those provisions are implemented by the rules for the life saving and fire fighting \r\nappliances, the radio rules or the collision regulations. \r\n \r\n (3) The powers conferred on the Federal Government by this section shall be in addition to \r\nthe powers conferred by any other provisions enabling it to prescribe the requirements that passenger \r\nship shall comply with. \r\n \r\n 329. Construction of cargo ships.—(1) Every sea-going Pakistani ship of a gross tonnage of \r\nnot less than five hundred, or of such lower tonnage as the Federal Government may by notification \r\nin the official Gazette, specify, not being a passenger ship, shall be constructed in accordance with \r\nsuch specifications, and shall be surveyed to such extent, in such manner and at such intervals as \r\nmay be prescribed. \r\n \r\n (2) The provisions of this section shall apply, in the same manner as they apply to a \r\nPakistani ship, to every other ship of a gross tonnage of not less than five hundred while she is \r\nwithin any port or place in Pakistan. \r\n \r\n (3) This section does not apply to vessels to which the provisions of the Inland Mechanically \r\nPropelled Vessels Act, 1917 (I of 1917), apply so long as such vessels are engaged on voyages \r\nconfined to ports within one Province or do not proceed to sea beyond the limits specified under \r\nclause (4) of section 2. \r\n \r\n 330. Power to make Rules with respect to the construction and survey of cargo ships, \r\netc.—(1) The Federal Government may, by notification in the official Gazette, make rules, \r\nprescribing the requirements for the hull, equipment and machinery of ships to which section 329 \r\napplies, and the requirements of survey thereof. \r\n \r\n (2) In particular, and without prejudice to the generality of the foregoing power, such rules \r\nmay provide for all or any of the following matters, namely:— \r\n \r\n(a)  the extent of surveys and the manner in which and the intervals at which \r\nsurveys shall be made; \r\n \r\n(b)  the requirements as to construction, machinery and equipment; \r\n \r\n \r\n(c)  the form and manner in which declaration of surveys shall be issued and \r\ntransmitted and the particulars which shall be stated therein; \r\n \r\n(d)  the fees that may be charged for surveys made under these rules; and \r\n \r\n(e)  such other matters as may be necessary for carrying out purposes of section \r\n   329. \r\n \r\nPage 132 of 233 \r\n \r\n \r\n 331. Power to make rules as to life saving and fire fighting appliances, etc.—(1) The \r\nFederal Government may, by notification in the official Gazette, make rules prescribing the life \r\nsaving appliances and fire fighting appliances to be carried by every Pakistani ship going to sea from \r\nany port or place. \r\n \r\n (2) In particular and without prejudice to the generality of the foregoing power, such rules \r\nmay provide for all or any of the following matter, namely:— \r\n \r\n(a)  The arranging of ships into classes, having regard to the services in which \r\nthey are employed, the nature and duration of the voyage and the number of \r\npersons carried ; \r\n \r\n(b)  the number description, mode of construction of the boats, life-rafts, line- \r\nthrowing appliances, life-jackets and life-buoys to be carried by ships \r\naccording to the classes in which the ships are arranged ; \r\n \r\n(c)  the equipment to be carried by any such boats and rafts the method to be \r\nprovided to lower the boats and other life saving appliances into the water, \r\nincluding oil for use in stormy weather ; \r\n \r\n(d)  the provision in ships of a proper supply of lights in extinguishable in water \r\nand fitted for attachment to life-buoys ; \r\n \r\n(e)  the quantity, quality and, description of buoyant apparatus to be carried on \r\nboard ships either in addition to or in substitution for boats, life-rafts, life- \r\njackets and life buoys ; \r\n \r\n(f)  the position and means of securing the boats, life-rafts, life-jackets, life-buoys \r\nand buoyant apparatus ; \r\n \r\n(g)  the marking of boats, life-rafts, and buoyant apparatus so as to show their \r\ndimensions and the number of persons authorised to be carried on them; \r\n \r\n(h)  the manning of life-boats and the qualifications and certificates of life– \r\nboatmen ; \r\n \r\n(i)  the provision to be made for mustering the persons on board and for \r\nembarking them in the boats (including provision for the lighting of, and the \r\nmeans of ingress to, and exit from, different parts of the ship) ; \r\n \r\n(j)  the provision of suitable means situated outside the engine room whereby any \r\ndischarge of water into the boats can be prevented ; \r\n \r\n(k)  the assignment of specific duties to each member of the crew in case of \r\nemergency ; \r\n \r\n(l)  the methods to be adopted and the appliances to be carried in ships for the \r\nprevention, detection and extinction of fire ; \r\n \r\n \r\nPage 133 of 233 \r\n \r\n(m)  the provision in ships of plans and other information relating to the means of \r\npreventing, detecting, controlling and extinguishing outbreaks of fire ; \r\n \r\n(n)  the practice in ships of boat-drills and fire-drills ; and the recording of such \r\ndrills in the vessels log books ; \r\n \r\n(o)  the provision in ships of means of making effective distress signals by day and \r\nby night ; \r\n \r\n(p)  the provision in ships, engaged on voyages in which pilots are likely to be \r\nembarked, of suitable pilot ladders and hoists, and of ropes, lights and other \r\nappliances designed to make the use of such ladders or hoists safe ; \r\n \r\n(q)  the periodical examination and maintenance of any appliances or equipment \r\nrequired by any rules made under this Ordinance, to be carried by ships ; \r\n \r\n(r)  the manner in which a notice given under sub-section (2) of section 330 shall \r\nbe communicated to the officers of Customs ; and \r\n \r\n(s)  the charging of fees for the grant of the certificate referred to in sub-section \r\n(3) of section 332, the amount of such fees and the manner in which they shall \r\nbe recoverable. \r\n \r\n 332. Inspection of life saving appliances, etc.—(1) A Surveyor may at any reasonable time \r\ninspect any ship, to which the provisions of sections 328, 330 and 331 apply, for the purpose of \r\nseeing that the ship complies with the requirements of the rules as to life saving appliances and fire \r\nfighting appliances. \r\n \r\n (2) If the surveyor finds that the ship does not comply with the aforementioned requirements, \r\nhe shall give to the master or owner notice in writing pointing out in what respect the ship fails to \r\ncomply with them and what in his opinion is required to be done for compliance with them. \r\n \r\n (3) Every notice so given shall be communicated in the prescribed manner to the officers of \r\nCustoms of any port or place at which the ship may seek to obtain port-clearance and the ship shall \r\nbe detained until a declaration signed by the surveyor to the effect that the ship complies with the \r\nrequirements of the rules as to life saving appliances and fire fighting appliances is produced. \r\n \r\n (4) Such fees as may be prescribed shall be charged for the grant of the certificate referred to \r\nin sub-section (3). \r\n \r\n 333. Control of water-tight openings.–– The Federal Government may, by notification in \r\nthe Official Gazette, make rules in respect of ships for which a passenger ship certificate of survey is \r\nrequired by Part V to regulate all or any of the following matters, namely:— \r\n \r\n(a)  the closing and keeping closed of openings in ships, hulls and in water-tight \r\nbulkheads; \r\n \r\n(b)  the securing, keeping in place and inspecting contrivances for closing any such \r\nopening as aforesaid; \r\n \r\n \r\nPage 134 of 233 \r\n \r\n(c)  the operation of mechanisms of contrivances for closing any such openings as \r\naforesaid and drills in connection with the operation thereof; \r\n \r\n(d)  the exhibition of plans and other information relating to the boundaries of \r\nwater-tight compartments, the openings therein, the means of closing such \r\nopenings and the arrangements for correcting any list due to flooding; and \r\n \r\n(e)  the entries to be made in the official log-book or other record to be kept of any \r\nof the matters aforesaid. \r\n \r\n 334. Stability information and damage control.—(1) There shall be carried on board every \r\nPakistani ship such information in writing about the stability as may be prescribed for the guidance \r\nof the master in loading and ballasting the ship, and, also in maintaining sufficient stability to \r\nenable the ship to withstand damage. \r\n \r\n (2) The aforesaid information shall be in such form as may be approved by the \r\nFederal Government (which may approve the provision of the information in the form of a diagram \r\nor drawing only) and shall be based on the determination of the ship’s stability by means of an \r\ninclining test of the ship : \r\n \r\n Provided that the Federal Government may allow the information to be based on a similar \r\ndetermination of the stability of a sister ship : \r\n \r\n Provided further that in the case of a ship specifically designed for the carriage of liquids or \r\nore in bulk, or of any class of such ships, the Federal Government may allow the inclining test to be \r\ndispensed with if it is satisfied from the information available in respect of similar ships that the \r\nship’s proportions and arrangements are such as to ensure more than sufficient stability in all \r\nprobable loading conditions. \r\n \r\n (3) Whenever the accuracy of the information provided under sub-section (1) is materially \r\naffected by alterations made to the ship, information shall be replaced by fresh information of the \r\nnature specified in that sub-section and, in any such case, the Federal Government may require a \r\nfresh inclining test of the ship. \r\n \r\n (4) When any information under this section is provided for any passenger ship the owner \r\nshall send a copy thereof to the officer appointed under section 258. \r\n \r\n (5) The requirements of sub-section (1) so far as they relates to the carriage of stability \r\ninformation shall be applicable to foreign ships when such ships are in a port or place in \r\nPakistan. \r\n \r\n (6) If any such ship proceeds, or attempts to proceed, to sea without having on board such \r\ninformation as aforesaid, the owner or the master of the ship shall be liable to a fine which may \r\nextend to ten thousand rupees. \r\n__________ \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nPage 135 of 233 \r\n \r\nCHAPTER 22. –– RADIO INSTALLATION, RADIO EQUIPMENT AND NAVIGATIONAL \r\nEQUIPMENT \r\n \r\n 335. Requirements of radio installation and radio equipment.—(1) Every sea-going \r\nPakistani ship, shall be provided with radio installation and radio equipment as specified by the \r\nSafety Convention. \r\n \r\n (2) The Federal Government may, exempt any ship from any of the requirements specified in \r\nsub-section (1), under exceptional circumstances. \r\n \r\n (3) The master or owner of any such ship, in respect of which the provisions of sub-\r\nsection (1) are not complied with, shall be liable to a fine which may extend to ten thousand rupees. \r\n \r\n 336. Requirements as to radio direction finding apparatus.—(1) Every Pakistani ship \r\nof a gross tonnage of sixteen hundred and upwards shall be provided with a radio direction \r\nfinding apparatus of the prescribed description. \r\n \r\n (2) The Federal Government may, by order in writing and subject to such conditions and \r\nrestrictions as may be specified therein, exempt any ship, under five thousand tons gross tonnage \r\nfrom the obligations imposed by sub-section (1), if it is satisfied having regard to the area or areas in \r\nwhich the ship is engaged on a voyage or voyages and the value of radio direction finder as a \r\nnavigational instrument and as an aid to locating ships, aircraft or survival craft that such \r\ncompliance would be unreasonable or unnecessary. \r\n \r\n (3) The master or owner of any such ship, in respect of which the provision of sub-\r\nsection (1) are not complied, with shall be liable to a fine which may extend to ten thousand rupees. \r\n \r\n 337. Radio log.—(1) Every ship equipped under the provision of section 335 shall \r\nmaintain a radio log in which shall be recorded such particulars connected with radio communication \r\nservice as may be prescribed. \r\n \r\n (2) The provisions of section 425 shall apply to the radio log kept under sub-section (1) as if \r\nit were an official logbook. \r\n \r\n 338. Inspection, etc.—(1) A radio inspector may inspect any ship for the purpose of seeing \r\nthat she is properly provided with radio installation and certificated operators and watchers in \r\nconformity with this Chapter and for this purpose may go on board any ship at all reasonable times \r\nand do all things necessary for such inspection and may also require the master of the ship to supply \r\nhim with any information which it is in the power of the master to supply for the purposes of the \r\nprovisions of this Chapter relating to radio installation and radio service including the production \r\nof any certificate granted under this Part in respect of the installation, and of the certificates of the \r\noperators on the ship : \r\n \r\n Provided that if a valid safety convention certificate is produced in respect of any ship, \r\nother than a Pakistani ship, the inspection shall be limited to seeing that the ship is provided with \r\nradio installation and that the number of certificated operators corresponds substantially with the \r\nparticulars stated in the certificate and such operators are familiar with operational procedures. \r\n \r\n \r\nPage 136 of 233 \r\n \r\n (2) If a radio inspector finds that a ship is not so provided, he shall give to the master or \r\nowner notice in writing pointing out the deficiency, and also pointing put what in his opinion is \r\nrequisite to remedy the same. \r\n \r\n (3) Every notice given under sub-section (2) shall be communicated, in the prescribed \r\nmanner, to the officer of Customs of any port or place at which the ship may seek to obtain port-\r\nclearance, and the officer of Customs to whom a notice is so communicated shall order that the ship \r\nbe detained until a certificate under the hand of a Radio Inspector is produced to the effect that the \r\nship is properly provided with a radio installation and certificated operators in conformity with this \r\nChapter. \r\n \r\n (4) The provisions of this section shall applying relation to such portable radio apparatus as \r\nboats or life-rafts may be required to carry by rules made under section 331 as they apply in relation \r\nto radio installation of a ship. \r\n  \r\n 339. Requirements as to navigational equipment.—(1) Every Pakistani ship when going \r\nto sea shall be provided with such navigational equipment as are required to be carried under the \r\nSafety Convention: \r\n \r\n Provided that the Federal Government may exempt from the operation of this sub-section any \r\nship of gross tonnage of less than five hundred, not being a passenger ship, if it is of opinion that, \r\nhaving regard to the nature of the voyages on which the ship is engaged, the provision of a gyro-\r\ncompass is unnecessary or unreasonable. \r\n \r\n (2) All reasonable steps shall be taken to maintain the equipment mentioned in sub-section \r\n(1) in an efficient condition but the malfunction of such equipment shall not render the ship \r\nun-seaworthy nor shall it be considered as a reason for delaying the ship in ports, where repair \r\nfacilities are not readily available. \r\n \r\n 340. Application of chapter to foreign ships.–– The provisions of this chapter shall apply to \r\nships other than Pakistani ships while such ships are in any port or place in Pakistan in the same \r\nmanner as they apply to Pakistani ships. \r\n \r\n 341. Power to make rules.—(1) The Federal Government may, by notification in the Official \r\nGazette, make rules to carry out the provisions of this Chapter. \r\n \r\n (2) In particulars, and without prejudice to the generality of the foregoing power, such rules \r\nmay provide for all or any of the following matters, namely:— \r\n \r\n(a)  the nature of navigation equipment and radio installation or navigational aids \r\nto be provided and of the radio service to be maintained, the form of the radio \r\n log and the particulars to be entered therein, and the number, grades and \r\nqualifications of certificated operators to be carried; \r\n \r\n(b)  the requirements for such portable radio apparatus as boats and life-rafts may \r\nbe required to carry by the rules made under section 331; \r\n \r\n(c)  the manner in which a notice given under sub-section (2) of section 338 shall \r\nbe communicated to the Customs Collector; and \r\n \r\n \r\nPage 137 of 233 \r\n \r\n(d)  the fees for the grant of the certificate referred to in sub-section (3) of section \r\n 338, the amount of such fees and the manner in which they shall be recover- \r\nable. \r\n____________ \r\n \r\nCHAPTER 23. ––SEFTEY CONVENTION CERTIFICATE \r\n \r\n 342. Passenger ship safety certificate.—(1) Upon the receipt of a declaration of survey \r\ngranted under Part V in respect of a passenger ship for which a certificate of passenger ship safety \r\ncertificate is required by this part, the Federal Government, if it is satisfied— \r\n \r\n(a)  that the ship complies fully with the requirements of rules made under section \r\n328 and other provisions of this Ordinance, and the rules made under sections \r\n331 and 341 applicable to such ship and is properly provided with lights and \r\nshapes and means of making of fog signals required by the collision \r\nregulations, may issue a passenger ship safety certificate in respect of the ship; \r\nand \r\n \r\n(b)  that there is in force in respect of the ship an exemption certificate granted \r\nunder section 347 and that the ship complies with all the requirements \r\nspecified in clause (a) other than those from which the ship is exempt under \r\nthat certificate, may endorsed the passenger ship safety certificate in respect of \r\nthe ship, and deliver to the owner or master of the ship through the Principal \r\nOfficer or such other officer as the Federal Government may appoint in this \r\nbehalf. \r\n \r\n(2)  The passenger ship safety certificate shall be in the prescribed form and shall state \r\nthat the ship complies with the requirements of the Safety Convention. \r\n \r\n 343. Cargo ship safety equipment certificate.—(1) If the Federal Government is \r\nsatisfied in respect of a Pakistani cargo ship of a gross tonnage of five hundred or more that the \r\nship complies with the requirements of the rules made under sections 331 and 341 applicable to such \r\nship, and that the ship is properly provided with lights and shapes and means of making fog signals \r\nrequired by the Collision Regulations, the Federal Government shall, on an application by the owner \r\nor master of the ship, cause to be issued if the ship complies fully with the aforesaid requirements, a \r\ncargo ship safety equipment certificate: \r\n \r\n Provided that if there is in force in respect of the ship an exemption certificate granted under \r\nsection 347 and if the ship complies with all the aforesaid requirements other than those from \r\nwhich the ship is exempt under that certificate and is properly provided with lights and shapes and \r\nmeans of making fog signals required by the Collision Regulations, a qualified cargo ship safety \r\nequipment certificate. \r\n \r\n (2) The cargo ship safety equipment certificate shall be in the prescribed form and shall \r\nstate that the ship complies with all the requirements of the Safety Convention as to equipment and \r\nthat she is provided with lights and shapes and means of making fog signals as required by the \r\ncollision regulations. \r\n \r\n 344. Cargo ship equipment certificate.––If the Federal Government is satisfied in respect of \r\nany Pakistani cargo ship of gross tonnage of less than five hundred that the ship complies with the \r\n \r\nPage 138 of 233 \r\n \r\nprovisions of this Ordinance and the rules made thereunder relating to life saving and fire fighting \r\nappliances applicable to such ship and is provided with lights and shapes and the means of making \r\nfog and distress signals required by the collision regulations, the Federal Government may issue in \r\nrespect of such ship a certificate in the prescribed form to be called a cargo ship equipment \r\ncertificate. \r\n \r\n 345. Cargo ship safety radio certificates.—(1) If the Federal Government is satisfied in \r\nrespect of a Pakistani ship, other than a passenger ship, which is required by the provisions of \r\nsection 335 to be provided with radio installation and which is intended to ply on voyage from or to \r\nany port or place in Pakistan to or from any port or place outside Pakistan that the ship complies \r\nwith all the provisions as to radio installation and radio service applicable to such ship under Chapter \r\n22, the Federal Government shall on an application by the owner or master of the ship, cause to be \r\nissued, through the Principal Officer or such other officer as it may appoint in this behalf,–– \r\n \r\n(a)  if the ship is provided with radio equipment, a cargo ship safety radio \r\ncertificate; or \r\n \r\n(b)  if there is in force in respect of the ship referred to in clause (a), an exemption \r\ncertificate granted under section 347 and if the ship complies with all the \r\naforesaid requirements other than those from which the ship is exempt under \r\nthat certificate, the cargo ship safety radio certificate may be endorsed. \r\n \r\n (2) The cargo ship safety radio certificate shall be in the prescribed form and shall state \r\nthat the ship complies with such of the requirements of the Safety Convention as are applicable to \r\nthe ship. \r\n \r\n 346. Cargo ship safety construction certificate.—(1) If the Federal Government, or a \r\nperson authorised by it in this behalf, is satisfied on receipt of a declaration of survey in respect of a \r\nPakistani cargo ship to which section 329 applies that the ship complies with all the provisions of the \r\nrules made under section 330 and applicable to such ship and to such voyages as she is to be engaged \r\non, the Federal Government or such person shall, on the application, of the owner, cause to be issued \r\nin respect of the ship,— \r\n \r\n(a)  if the ship is of a gross tonnage of not less than five hundred and is intended to \r\nply on voyages from or to any port or place in Pakistan to or from any port or \r\nplace outside Pakistan, a cargo ship safety construction certificate showing \r\nthat she complies with the said rules; or \r\n \r\n(b)  if there is in force in respect of the ship, an exemption certificate granted \r\nunder section 347 and the ship complies with the aforesaid requirement other \r\n than those from which the ship is exempt under that certificate, the cargo ship \r\nsafety construction certificate may be endorsed. \r\n \r\n (2) The cargo ship safety construction certificate shall be in the prescribed form and shall \r\nstate that the ship complies with such of the requirements of the Safety Convention as to hull, \r\nequipments and machinery as are applicable to the ship. \r\n \r\n 347. Issuance of Exemption certificate or any other certificate.—(1) The Principal \r\nOfficer, or an officer authorised by the Federal Government in this behalf, shall, on an application \r\nby the owner or master of any Pakistani ship in regard to which the Federal Government has \r\n \r\nPage 139 of 233 \r\n \r\nmade an order of exemption under sub-section (2) of section 335, or under sub-section (2) of section \r\n336, or which is exempt from any of the provisions of the rules made under sections 328, 330, 331 \r\nand 341, issue in the prescribed form an exemption certificate in respect of such ship. \r\n \r\n (2) The Federal Government may issue any other certificate not mentioned in this part and \r\nwhich is required to be issued to give effect to the provision of the Safety Convention. \r\n \r\n 348. Duration of certificates.—(1) A cargo ship safety equipment certificate issued under \r\nthis Part, shall be in force for twenty-four months from the date of its issue or for such period as \r\nmay be specified in the certificate. \r\n \r\n (2) A cargo ship safety construction certificate shall be in force for a period not exceeding \r\nfive years from the date of its issue or for such shorter period as may be specified in the certificate. \r\n \r\n (3) An exemption certificate issued under section 347 shall be in force for the period for \r\nwhich the certificate to which it relates remains in force or for such shorter period as may be \r\nspecified in the exemption certificate. \r\n \r\n (4) Any certificate issued under this Part not specified in sub-sections (1), (2) or (3) shall be \r\nin force for twelve months from the date of its issue or for such shorter period as may be specified in \r\nthe certificate. \r\n \r\n (5) The Federal Government or any person authorised by it in this behalf may grant an \r\nextension of any certificate issued under this Part in respect of a Pakistani ship,_ \r\n \r\n(a)  where the ship is away from Pakistan on the date when the certificate would, \r\nbut for the extension have expired, for such period not exceeding five months \r\nfrom the said date as may be sufficient to enable the ship to return to the port \r\nin Pakistan at which it is to be surveyed ; and \r\n \r\n(b)  in any other case, for a period not exceeding one month from the said date; \r\n \r\n Provided that any extension granted under clause (a) shall cease to be operative upon the \r\nship’s arrival at the port referred to in that clause: \r\n \r\n Provided further that no extension shall be granted under clause (b) in respect of a certificate \r\nextended under clause (a). \r\n \r\n (6) Notwithstanding anything contained in this section a certificate issued under this Part \r\nshall not remain in force after notice is given by the authority issuing the certificate to the owner \r\nor master of the ship in respect of which it has been issued, that authority has cancelled the \r\ncertificate. \r\n \r\n 349. Modification of passenger ship safety certificate in respect of life saving \r\nappliances.—(1) If a Pakistani ship, in respect of which a passenger ship safety certificate or a \r\nspecial trade passenger ship safety certificate issued under section 342 is in force has on board in the \r\ncourse of a particular voyage a total number of persons less than the number stated in the certificate \r\nto be the number for which the life saving appliances on the ship provide, the owner or master of the \r\nship may obtain from the authority issuing the certificate, or any person authorised by the authority \r\nfor the purpose, a memorandum to be attached to the certificate stating the total number of persons \r\n \r\nPage 140 of 233 \r\n \r\ncarried on the ship on that voyage and the modifications which may be made for the purpose of that \r\nvoyage in the particulars with respect to life saving appliances stated in the certificate. \r\n \r\n (2) Where a valid passenger ship safety certificate or special trade passenger ship safety \r\ncertificate is produced in respect of a passenger ship other than a Pakistani ship and there is attached \r\nto the certificate a memorandum which– \r\n \r\n(a)  has been issued by or under the authority of the Government of the country in \r\nwhich the ship is registered; and \r\n \r\n(b)  modifies for the purpose of any particular voyage, in view of the \r\nnumber of persons actually carried on that voyage, the particulars stated in the \r\ncertificate with respect to life saving appliances ; the certificate shall have \r\neffect for the purpose of that voyage as if it were modified in accordance with \r\nthe memorandum. \r\n \r\n 350. Recognition of certificates issued outside Pakistan.––A valid safety convention \r\ncertificate issued in respect of a ship other than a Pakistani ship by the Government of the country \r\nto which the ship belongs shall, subject to such rules as the Federal Government may make in this \r\nbehalf, have the same effect in Pakistan as the corresponding certificate issued in respect of a \r\nPakistani ship under this Part. \r\n \r\n 351. Issue of certificates to foreign ships in Pakistan.––The Federal Government may, \r\nat the request of the Government of a country to which the Safety Convention applies, cause an \r\nappropriate safety convention certificate to be issued in respect of a ship registered or to be \r\nregistered in that country, if it is satisfied in like manner as in the case of a Pakistani ship that such \r\ncertificate can properly be issued, and where a certificate is issued at such a request it shall contain a \r\nstatement that it has been so issued. \r\n \r\n 352. Issue by foreign Governments of certificates to Pakistani ships.—(1) The Federal \r\nGovernment may request the Government of a country, to which the. Safety Convention applies, to \r\nissue an appropriate safety convention certificate in respect of a ship registered or to be registered \r\nin Pakistan and a certificate issued in pursuance of such a request and containing a statement \r\nthat it has been so issued shall have effect for the purpose of this Ordinance as if it had been issued \r\nby the Federal Government. \r\n \r\n (2) When the Federal Government requests the Government of a country to issue any such \r\ncertificates as aforesaid and that Government is not willing to issue, such certificate until \r\nexemption certificate in respect of certain condition is granted by the Federal Government, the \r\nFederal Government may issue that exemption certificate. \r\n \r\n 353. Prohibition on proceeding to sea without certificates.—(1) No Pakistani ship shall \r\nproceed to sea, accept on voyages between ports or places situated within Pakistan, unless that ship \r\nholds appropriate valid certificates applicable to that ship issued under the provision of this chapter \r\nand any other certificates required under safety convention— \r\n \r\n (2) No Pakistani ship shall proceed on any voyage between ports or places situated within \r\nPakistan unless there is in force in respect of the ship such certificate or certificates as may be \r\nprescribed being a certificate or certificates which by the terms thereof is or are applicable to the \r\n \r\nPage 141 of 233 \r\n \r\nvoyage on which the ship is about to proceed and to the trade in which she is for the time being \r\nengaged. \r\n \r\n (3) The master of every ship, to which this section applies, shall produce to the officer of \r\nCustoms from whom a port clearance for the ship is sought the certificate or certificates required by \r\nthe foregoing provisions of this section to be in force when the ship made under section 125 \r\nproceeds to sea, and port clearance shall not be granted and the ship may be detained until the said \r\ncertificate or certificates are so produced. \r\n \r\n (4) Without prejudice to any other liability under this Ordinance of the master or owner of \r\nthe ship, if any ship to which this section applies proceeds or attempts to proceed to sea in \r\ncontravention of any of the foregoing provisions of this section, the master or owner shall, for each \r\noffence, be punishable, in the case of a passenger ship, with fine which may extend to fifty thousand \r\nrupees and in the case of any other ship with fine which may extend to ten thousand rupees. \r\n \r\n (5) Where an exemption certificate issued under section 347 in respect of any ship to which \r\nthis section applies specifies any conditions on which the certificate is issued and any of those \r\nconditions is contravened, the master or owner of the ship shall, for each offence, be liable to a fine \r\nwhich may extend to ten thousand rupees. \r\n \r\n 354. Delegation of powers to perform certain functions.––The Federal Government may, \r\nby order in writing, authorize any recognised organization to perform all or any of the functions \r\nunder sections 342, 343, 345, 346 and 347 in respect of any ship or class of ships. \r\n \r\n 355. Production of certificates by ships other than Pakistani ships.—(1) The master \r\nof every ship other than a Pakistani ship, being a passenger ship or being any other ship of a \r\ngross tonnage of five hundred or upwards, belonging to a country to which the Safety \r\nConvention applies, shall produce valid safety Convention certificates to the officer of Customs \r\nfrom whom a port clearance for the ship is sought in respect of a voyage from a port or place in \r\nPakistan to a port or place outside Pakistan and port clearance shall not be granted and the ship may \r\nbe detained until such a certificate is so produced. \r\n \r\n (2) Where any such ship, other than a passenger ship, as is referred to in sub-section (1), is \r\nof a gross tonnage of less than five hundred but not less than three hundred, the master shall be \r\nrequired to produce only valid safety convention certificates equivalent to those issued under \r\nsection 345 and the other provisions of sub-section (1) shall apply accordingly. \r\n \r\n (3) Where a valid safety convention certificate is produced in respect of a ship, other than a \r\nPakistani ship, the ship shall not be deemed to be unsafe for the purposes of section 394 by \r\nreason of the defective condition of her hull, equipments or machinery unless it appears that \r\nthe ship cannot proceed to sea without danger to the passengers or crew owing to the facts that the \r\nactual condition of the ship does not correspond substantially with the particulars stated in the \r\ncertificate and when there are clear grounds for believing that the master or crew are not familiar \r\nwith essential ship-board procedures relating to the safety of ship. \r\n \r\n 356. Application of sections to certificates.––The provisions of sections 263 to266 shall \r\napply to and in relation to every certificate issued under sections 342 to 347 and section (2) of \r\nsection 353 in the same manner as they apply to and in relation to a certificate of survey. \r\n \r\n \r\nPage 142 of 233 \r\n \r\n 357. Power of Federal Government to make rules.—(1) The Federal Government may, \r\nby notification in the official Gazette, make rules for carrying out the purposes of this chapter. \r\n \r\n (2) In particular, and without prejudice to the generality of the foregoing power, such rules \r\nmay prescribe— \r\n \r\n(a)  the form of the certificates referred to in sections 342 to 347 and sub-section \r\n(2) of section 353 ; and any other certificate required to be issued under the \r\nprovisions of the Safety Convention; and \r\n \r\n(b)  the charging of fees for the grant of such certificates, the amount of such fees, \r\nand the manner in which they shall be recoverable. \r\n____________ \r\n \r\nCHAPTER 24. –– LOAD LINES \r\n \r\n 358. Ships exempt from provisions relating to load lines.—(1) Save as otherwise \r\nprovided in this section, the provisions of this Chapter relating to load lines shall apply to all sailing \r\nvessels as they apply to ships, and accordingly, the expression “ship” in the said provisions of this \r\nChapter shall be construed as including a sailing vessel. \r\n \r\n(2) The provisions of this Chapter relating to load lines shall not apply to— \r\n \r\n(a)  ships of war; \r\n \r\n(b)  any ship solely engaged in fishing; \r\n \r\n(c)  any pleasure yacht not engaged in trade; \r\n \r\n(d)  any existing ship of a gross tonnage of less than one hundred and fifty; and \r\n \r\n(e)  any new ship of less than twenty-four meters (79 ft) in length. \r\n \r\n (3) The Federal Government may, on such conditions, not inconsistent with the rules made \r\nunder section 357, as it may think fit, exempt from the provisions of this Chapter relating to \r\nload lines— \r\n \r\n(a)  any ship plying between the near neighbouring ports of two or more countries \r\nif the Federal Government and the Governments of those countries are \r\nsatisfied that the sheltered nature and conditions of the voyage between those \r\nports make it unreasonable or impracticable to apply such provisions to ships \r\nso plying; \r\n \r\n(b)  any ship plying between near neighbouring ports of the same country if the \r\n Federal Government is satisfied as aforesaid; \r\n \r\n(c)  any ship which embodies features of a novel kind, if the Federal Government \r\nis satisfied that the application of the provisions of this Chapter relating to \r\nload lines to such a ship might seriously impede research into development of \r\nsuch features and their incorporation in ships and the Federal Government and \r\n \r\nPage 143 of 233 \r\n \r\nthe Governments of the countries to be visited by the ship are satisfied that the \r\nship complies with safety requirements which are adequate for the purposes \r\nfor which the ship is intended and are such as to ensure the overall safety of \r\nthe ship; and \r\n \r\n(d)  any ship which is not normally engaged on voyages to ports outside Pakistan \r\nbut which is exceptional circumstances is required to undertake such voyage if \r\nthe Federal Government is satisfied that the ship complies with safety \r\nrequirements which are adequate for such voyage. \r\n \r\n 359. Power to make rules as to load lines.—(1) The Federal Government may, by \r\nnotification in the official Gazette, make rules to carry out the purposes of this Chapter. \r\n \r\n (2) In particular, and without prejudice to the generality of the foregoing power, such rules \r\nmay provide for all or any of the following matters, namely:— \r\n \r\n(a)  survey and periodical inspection of ships; \r\n \r\n(b)  determining of free-board deck in relation to any ship and marking on each \r\nside of the ship to indicate the position of that deck by a mark, hereinafter \r\nreferred to as a “deck line”; \r\n \r\n(c)  determination in relation to a ship by reference to deck line and free boards of \r\nthe position in which each side of the ship is to be marked with lines herein-\r\nafter referred to as “load lines”, to indicate the maximum depths to which the \r\nship may be loaded in various circumstances; \r\n \r\n(d)  conditions, hereinafter referred to as the “conditions to assignments”, on \r\nwhich load lines may be assigned; \r\n \r\n(e)  requirements, relevant to the assignment of free-boards, in respect of hulls, \r\nsuperstructures, fittings and appliances; \r\n \r\n(f)  particulars to be recorded in relation to matters referred to in clauses (d) and \r\n (e) and the manner in which they shall be recorded; \r\n \r\n(g)  the circumstances in which a ship during the continuance of the assignment of \r\nfree-boards assigned to, if any, shall be deemed for the purposes of the pro- \r\nvisions of this Chapter to comply with the conditions of assignment; \r\n \r\n(h)  the form in which an international load line certificate, a Pakistan load line \r\ncertificate, an international load line exemption certificate and a Pakistan load \r\nline exemption certificate shall be issued; \r\n \r\n(i)  the period during which an exemption certificate shall remain in force; and \r\n \r\n(j)  the extension and termination of the period for which an exemption certificate \r\nwas issued. \r\n \r\n \r\nPage 144 of 233 \r\n \r\n 360. Marking of deck line and load lines.—(1) No new Pakistani ship to which the load \r\nlines convention applies and not being exempt from the provision of this Chapter, shall proceed to \r\nsea unless— \r\n \r\n(a)  the ship has been surveyed in accordance with the load line rules ; \r\n \r\n(b)  the ship complies with the conditions of assignment; and \r\n \r\n(c)  the ship is marked with a deck line and with load lines in accordance with the \r\nload line rules. \r\n \r\n (2) No existing Pakistani ship, to which the load line convention applies and not being \r\nexempt from the provisions of this Chapter, shall proceed to see unless— \r\n \r\n(a)  the ship has been surveyed in accordance with the load line rules; \r\n \r\n(b)  the ship complies with the conditions of assignment or with such lesser related \r\nrequirements as were applicable to her immediately before such \r\ncommencement; and \r\n \r\n(c)  the ship is marked with a deck line and with load lines in accordance with the \r\nload line rules or the deck line and load lines have been marked in the position \r\nrequired by the rules in force immediately before such commencement. \r\n \r\n (3) If any ship proceeds or attempts to proceed to sea in contravention of this section, the \r\nmaster and the owner thereof shall, for each offence, be liable to a fine which may extend to fifty \r\nthousand rupees. \r\n \r\n (4) Any ship attempting to proceed to sea without being surveyed and marked as required by \r\nthis section may be detained until she has been so surveyed and marked, and any ship which does \r\nnot comply with the conditions of assignment to the extend required in her case shall be deemed to \r\nbe unsafe for the purpose of section 382. \r\n \r\n 361. Alterations after survey.––Where any survey, under this Part, of a ship for the purpose \r\nof assignment and marking of load lines has been completed, then, notwithstanding anything \r\ncontained in this Ordinance, the owner, agent or master of the ship shall not make, or caused to be \r\nmade, any alteration in the structure, equipment, arrangement, material or scantlings covered by \r\nthe survey without the prior written permission of the Federal Government or a person authorised by \r\nthat Government in this behalf. \r\n \r\n 362. Submersion of load line.––A Pakistani ship, not being exempt from the provisions of \r\nthis Part, shall not be so loaded that the appropriate load line on each side of the ship, that is to say, \r\nthe load line indicating or purporting to indicate the maximum depth to which the ship is for the time \r\nbeing entitled under the load line rules, to be loaded, is submerged if the ship is in salt water and \r\nhas no list or would be submerged if the ship were in salt water and had no list. \r\n \r\n 363. Submersion of sub-division load lines in case of passenger ships.––Where a Pakistani \r\npassenger ship has been marked with sub-division load lines, that is to say, load lines indicating \r\nthe depth to which the ship may be loaded having regard to the extent to which the ship is sub-\r\ndivided and the space for the time being allotted to passengers, and when the appropriate sub-\r\n \r\nPage 145 of 233 \r\n \r\ndivision load lines that is to say, the sub-division load line appropriate to the space for the time being \r\nallotted to passengers on the ship, is lower than the load line indicating the maximum depth to which \r\nthe ship is for the time being entitled under the provisions of this Chapter to be loaded, the ship shall \r\nnot be so loaded that the appropriate load line on each side of the ship is submerged if the ship is in \r\nsalt water and has no list or would be submerged if the ship were in salt water and had no list. \r\n \r\n 364. Penalty for submersion of load lines and sub-division load lines.—(1) If any ship is \r\nloaded in contravention of section 362 or section 363 the owner and master thereof shall, for each \r\noffence, be liable to a fine which may extend to one hundred thousand rupees. \r\n \r\n (2) Without prejudice to any proceedings under this Ordinance, any ship which is loaded in \r\ncontravention of section 366 or section 367 may be detained until the ship ceases to be so loaded. \r\n \r\n 365. Offences in relation to marks.—(1) If the owner or master of a Pakistani ship which \r\nhas been marked in accordance with the foregoing provisions of this Chapter, fails without \r\nreasonable cause, to keep the ship so marked ; or any person conceals, removes, alters, defaces \r\nor obliterates, or suffers any person under his control to conceal, remove, alter, deface or obliterate \r\nany mark placed on any such ship in accordance with the foregoing provisions of this Chapter \r\nexcept with the authority of a person entitled under the load line rules to authorize the alteration of \r\nthe mark, or except for the purpose of escaping capture by an enemy or by a foreign ship of war in \r\nthe exercise of some belligerent right ; he shall, for each offence, be liable to a fine which may \r\nextend to fifty thousand rupees. \r\n \r\n 366. Inspection of ships with respect to load lines.—Any surveyor authorized in this \r\nbehalf by the Federal Government may inspect any Pakistani ship for the purpose of seeing that the \r\nprovisions of this Chapter have been complied with, and for this purpose may go on board the ship at \r\nall reasonable times and do all things necessary for the proper inspection of the ship and may also \r\nrequire the master of the ship to supply him with any information which is in the power of the \r\nmaster to supply for that purpose, including the production of any certificate granted under this \r\nPart in respect of the ship. \r\n___________ \r\n \r\nCHAPTER 25. — LOAD LINE CERTIFICATE \r\n \r\n 367. Issue, duration and extension of load line certificate.—(1) Where a Pakistani ship \r\nhas been surveyed and marked in accordance with the provisions of Chapter 24 and complies with \r\nthe conditions of assignment to the extent required in her case by those provisions, there shall be \r\nissued to the owner of the ship on his application and on payment of the prescribed fees,— \r\n \r\n(a)  in the case of a ship of a gross tonnage of not less than one hundred and fifty, \r\nand in the case of a ship not less than twenty-four metres (79 feet), in length \r\non which the load line Convention applies, a certificate to be called an inter- \r\nnational load line certificate; and \r\n \r\n(b)  in the case of any other ship, a certificate to be called a Pakistan load line \r\ncertificate. \r\n \r\n Provided that no certificate under thus sub-section shall be issued in respect of a ship before \r\nthe expiry of the similar certificate last issued. \r\n \r\n \r\nPage 146 of 233 \r\n \r\n (2) Every such certificate shall be issued either by the Federal Government or by a \r\nrecognised organization authorised by it in this behalf and shall be issued in such form and manner \r\nas may be prescribed by the load line rules. \r\n \r\n (3) The Federal Government may request the Government of a country to which the Load \r\nLine Convention applies, to issue a load line certificate in the form of an international load line \r\ncertificate under that Convention in respect of a Pakistani ship, and a certificate issued in pursuance \r\nof such a request and maintaining a statement that it has been so issued shall have effect for the \r\npurposes of this Chapter as if it had been issued by the Federal Government. \r\n \r\n (4) Where in respect of a ship a certificate issued under this section and for the time being in \r\nforce is produced— \r\n \r\n(a)  the ship shall be deemed to have been surveyed in accordance with the load \r\nline rules; and \r\n \r\n(b)  if lines are marked on the ship corresponding in number description to the \r\ndeck line and load lines as required by the load line rules and the position of \r\nthose lines so marked corresponds with the position of the deck line and load \r\nlines specified in the certificate, the ship shall be deemed to be marked as \r\nrequired by those rules. \r\n \r\n (5) Every load line certificate issued by, or under the authority of, the Federal Government \r\nshall, unless it is extended in accordance with the provisions of sub-section (6), expire at the end of \r\nsuch period, not exceeding five years from the date of its issue or as maybe specified therein. \r\n \r\n (6) Any such load line certificate may, after a survey not less effective than the survey \r\nrequired by the load line rules before the issue of the certificate, be extended by the Federal \r\nGovernment or by a person authorised by it to issue a load line certificate, for such period not \r\nexceeding five months as the Federal Government or the person extending the certificate thinks fit: \r\n \r\n Provided that no certificate in respect of a ship shall be extended if there have been such \r\nalterations in the structure, equipment, arrangements, materials or scantlings as to affect the free-\r\nboard originally assigned to the ship. \r\n \r\n (7) An extension of a certificate under sub-section (6) shall be endorsed on the certificate \r\nin the manner provided by the load line rules. \r\n \r\n (8) The Federal Government may cancel any such load line certificate in force in respect of a \r\nship if it has reason to believe that— \r\n \r\n(a)  material alterations have taken place in the hull or superstructures of the ship \r\nwhich effect the position of the load lines; or \r\n \r\n(b)  the fittings and appliances for the protection of openings, the guard rails, the \r\nfreeing ports or the means of access to the crew’s quarters have not been \r\nmaintained on the ship in as effective a condition as they were in, when the \r\ncertificate was issued; or \r\n \r\n \r\nPage 147 of 233 \r\n \r\n(c)  the markings of the deck line and load lines on the ship have not been properly \r\nmaintained. \r\n \r\n (9) The owner of a ship in respect of which any such certificate has been issued shall, so long \r\nas the certificate remains in force, cause the ship to be periodically inspected in such manner and at \r\nsuch intervals as may be prescribed by the load line rules; and if the ship is not caused to be so \r\ninspected, the Federal Government shall cancel the certificate. \r\n (10) Where any such load line certificate has expired or been cancelled, the Federal \r\nGovernment may require the owner or master of the ship to which the certificate relates to deliver up \r\nthe certificate as it directs, and the ship may be detained until such requirement has been complied \r\nwith, and if the owner or master fails without reasonable cause to comply with such requirement, he \r\nshall, for each offence, be liable to a fine which may extend to ten thousand rupees. \r\n \r\n (11) On the survey of any ship in pursuance of this section there shall be paid by the owner \r\nof the ship such fee may be prescribed. \r\n \r\n 368. Issue, duration and cancellation of exemption certificates, etc.—(1) Where the \r\nFederal Government exempts a ship under section 358 there shall be issued to the owner of the \r\nship, on payment of the prescribed fee, if any,— \r\n \r\n(a)  in the case of a ship referred to in sub-section (3) of section 358, an exemption \r\ncertificate to be called an international load line exemption certificate; and \r\n \r\n(b)  in the case of any other ship, an exemption certificate to be called a Pakistan \r\nload line exemption certificate. \r\n \r\n (2) An exemption certificate under sub-section (1) shall be issued by the Federal \r\nGovernment, or an officer authorised by it in this behalf, in such form and manner as may be \r\nprescribed. \r\n \r\n (3) An exemption certificate issued under sub-section (1) shall remain in force for such \r\nperiod as may be prescribed. \r\n \r\n (4) The owner of a ship in respect of which any such exemption certificate is issued shall, so \r\nlong as the certificate remains in force cause the ship to be periodically inspected in such manner \r\nand at such intervals as may be prescribed. \r\n \r\n (5) The Federal Government shall cancel any such exemption certificate if the ship in respect \r\nof which it was issued is not caused to be inspected as required by sub-section (4) or if any of the \r\nconditions on which the exemption was granted under section 358 has been violated or if the \r\nexemption has ceased to be in force. \r\n \r\n (6) Where any such exemption certificate in respect of a ship has ceased to be in force or \r\nbeen cancelled, the exemption granted under section 358 shall be deemed to have been withdrawn \r\nand the owner or master shall deliver up the certificate to the Federal Government ; and the ship may \r\nbe detained until the certificate is so delivered up. \r\n \r\n (7) The owner or master of a ship, if he fails without reasonable cause to deliver up the \r\nexemption certificate as required by sub-section (6), shall be liable to a fine it may extend to fifty \r\nthousand rupees. \r\n \r\nPage 148 of 233 \r\n \r\n \r\n 369. Ship not to proceed to sea without certificate.—(1) No Pakistani ship shall \r\nproceed to sea unless there is in force in respect of the ship a load line certificate issued under \r\nsection 367 or load line exemption certificate issued under section 368. \r\n \r\n (2) The master of every Pakistani ship shall produce to the officer of Customs from whom a \r\nport clearance for the ship is sought, the certificate which is required by subsection (1) to be in \r\nforce when the ship proceeds to sea, and port clearance shall not be granted, and the ship may be \r\ndetained, until that certificate is so produced. \r\n \r\n (3) The master of any ship which proceeds or attempts to proceed to sea in contravention of \r\nthis section shall, for each offence, be liable to a fine which may extend to fifty thousand rupees. \r\n \r\n 370. Publication of load line certificates and particulars relating to depth of \r\nloading.—(1) When a load line certificate has been issued in pursuance of the foregoing \r\nprovisions of this Chapter in respect of a Pakistani ship other than a home-trade ship not \r\nexceeding a gross tonnage of two hundred— \r\n \r\n(a)  the owner of the ship shall forthwith on receipt of the certificate cause it to be \r\nframed and posted up in some conspicuous place on board the ship, and to be \r\nkept so framed and posted up and legible so long as the certificate remains in \r\nforce and the ship is in use; and \r\n \r\n(b)  the master of the ship, before making any other entry in any official log-book, \r\nshall enter or cause to be entered therein, the particulars as to the position of \r\ndeck line and load lines specified in the certificate. \r\n \r\n (2) Before any such ship leaves any dock, wharf, harbour or other place for the \r\npurpose of proceeding to sea, the master thereof shall— \r\n \r\n(a)  enter or cause to be entered in the official log-book such particulars relating to \r\nthe depth to which the ship is for the time being loaded as the Federal \r\nGovernment may by rules made in this behalf prescribe; and \r\n \r\n(b)  cause a notice, in such form and containing such of the particulars as may be \r\nrequired by the said rules, to be posted up in some conspicuous place on board \r\nthe ship and to be kept so posted up and legible until the ship arrives at some \r\nother dock, wharf, harbour or place: \r\n \r\n Provided that the Federal Government may by the said rules exempt home-trade ships or any \r\nclass of home-trade ships from the requirements of clause (b). \r\n \r\n (3) if the owner or master of any ship fails to comply with the provisions of this section, he \r\nshall, for each offence be liable to a fine which may extend to five thousand rupees. \r\n \r\n 371. Insertion of particulars as to load lines in agreements with crew.—(1) When an \r\nagreement with the crew of any ship in respect of which a load line certificate is in force is signed by \r\nany member of the crew, the master of the ship shall insert in the agreement the particulars as to the \r\nposition of the deck line and load lines specified in the certificate, and if he fails to do so, he shall, \r\nfor each offence, be liable to a fine which may extend to five thousand rupees. \r\n \r\nPage 149 of 233 \r\n \r\n \r\n (2) In the case of a ship required by this Ordinance to engage its crew before a Shipping \r\nMaster, the Shipping Master shall not proceed with the engagement of the crew until— \r\n \r\n(a)  there is produced to him a load line certificate for the time being in force in \r\nrespect of the ship; and \r\n \r\n(b)  he is satisfied that the particulars required by this section have been inserted in \r\nthe agreement with the crew. \r\n                                                 ____________ \r\n \r\nCHAPTER 26. — SPECIAL PROVISIONS RELATING TO LOAD LINES AS TO FOREIGN \r\nSHIP \r\n \r\n 372. Load lines certificates of ships other than Pakistani ships.—(1) The Federal \r\nGovernment may, at the request of a country to which the Load Line Convention applies, issue \r\nan international load line certificate in respect of a ship of that country if it is satisfied in like manner \r\nas in the case of a Pakistani ship that it can properly issue the certificate, and where a certificate is \r\nissued at such a request, it shall contain a statement that it has been so issued. \r\n \r\n (2) The Federal Government shall, as soon as may be, after the issue of a certificate in \r\nrespect of a ship under sub-section (1), forward to the Government, at whose request such certificate \r\nwas issued, a copy each of the certificate, the survey report used in computing the free-board of the \r\nship and of the computations. \r\n \r\n 373. Recognition of load line and exemption certificates issued outside Pakistan.––An \r\ninternational load line certificate or, as the case may be, an International load line exemption \r\ncertificate issued in respect of any ship other than Pakistani ship by the Government of the country \r\nto which the ship belongs shall, subject to such rules as the Federal Government may make \r\nrules in this behalf, have the slime effect in Pakistan as a load line certificate, or as the case may be, \r\nan international load line exemption certificate issued in respect of a Pakistani ship under this Part. \r\n \r\n374. Inspection and control of foreign ships belonging to countries to which Load Line \r\nConvention applies.—(1) Any surveyor authorised in this behalf by the Federal Government may, \r\nat any reasonable time, go on board any ship other than a Pakistani ship carrying cargo or \r\npassengers and belonging to a country to which the Load Line Convention applies, when such ship \r\nis within any port or place in Pakistan, for the purpose of demanding the production of any load line \r\ncertificate, or, as the case may be, international load line exemption certificate for the time being in \r\nforce in respect of the ship: \r\n \r\n Provided that such ship is an existing ship of one hundred and fifty tons gross or more or a \r\nnew ship of twenty-four meters or more in length. \r\n \r\n (2) If a valid international load line certificate is produced to the surveyor on such demand, \r\nthe surveyor’s powers of inspecting the ship with respect to load line shall be limited to seeing— \r\n \r\n(a)  that the ship is not loaded beyond the limits allowed by the certificate; \r\n \r\n(b)  that the position of the load lines on the ship corresponds with the position \r\nspecified in the certificate; \r\n \r\n \r\nPage 150 of 233 \r\n \r\n(c)  that no material alterations have taken place in the hull or superstructure of the \r\nship which affect the position of the load lines; and \r\n \r\n(d)  that the fittings and appliances for the protection of openings, the guard rails, \r\nthe freeing ports and the means of access to the crews quarters have been \r\nmaintained on the ship in as effective a condition as they were in when the \r\ncertificate was issued. \r\n \r\n (3) If a valid international load line exemption certificate is produced to the surveyor on \r\ndemand made under sub-section (1), the surveyor’s powers of inspecting the ship with respect to \r\nload lines shall be limited to seeing that the conditions stipulated in the certificate are complied with. \r\n \r\n (4) If it is found on any such inspection that the ship is loaded beyond the limits allowed by \r\nthe certificate, the ship may be detained and the provisions of section 400 shall apply. \r\n \r\n (5) If it is found on any such inspection that the load lines on the ship are not in the position \r\nspecified in the certificate, the ship may be detained until the matter has been rectified to the \r\nsatisfaction of the surveyor. \r\n \r\n (6) If it is found on any such inspection that the ship has been so materially altered in respect \r\nof the matters referred to in clauses (c) and (d) of sub-section (2) or, as the case may be, sub-section \r\n(3) that the ship is manifestly unfit to proceed to sea without danger to human life, the ship shall be \r\ndeemed to be unsafe for the purpose of section 400: \r\n \r\n Provided that where the ship has been detained, the Federal Government shall order the \r\nship to be released as soon as it is satisfied that the ship is fit to proceed to sea without danger to \r\nhuman life. \r\n \r\n (7) If a valid international load line certificate or, as the case may be international load line \r\nexemption certificate is not produced to the surveyor on such demand as aforesaid the surveyor shall \r\nhave the same power of inspecting the ship, for the purpose of seeing that the provisions of this Part \r\nrelating to load lines have been complied with, as if the ship were a Pakistani ship. \r\n \r\n (8) For the purposes of this section, a ship shall be deemed to be loaded beyond the limits \r\nallowed by the certificate if she is so loaded as to submerge in salt water, when the ship has no list \r\nthe appropriate load line on each side of the ship, that is to say, the load line appearing by the \r\ncertificate to indicate the maximum depth to which the ship is for the time being entitled under the \r\nLoad Line Convention to be loaded. \r\n \r\n 375. Certificate of ship other than Pakistani ships to be produced to Customs.––The \r\nmaster of every ship other than a Pakistani ship, carrying cargo or passengers and belonging to a \r\ncountry to which the Load Line Convention applies shall produce to the officer of Customs \r\nfrom whom a port-clearance for the ship at any port in Pakistan is sought— \r\n \r\n(a)  in a case where port clearance is sought in respect of a voyage to a port or \r\nplace outside Pakistan, a valid international load line certificate or a valid \r\ninternational load line exemption certificate; and \r\n \r\n(b)  In a case where port clearance is sought in respect of any other voyage, a valid \r\ninternational load line exemption certificate or a valid Pakistan load line \r\n \r\nPage 151 of 233 \r\n \r\ncertificate or Pakistan load line exemption certificate, and port clearance shall \r\nnot be granted and the ship may be detained until the certificate is so produced \r\nin pursuance of this section. \r\n \r\n 376. Marking of deck line and load lines of ships other than Pakistani ships.––The \r\nprovisions of section 360 shall apply to ships other than Pakistani ships proceeding or attempting to \r\nproceed to sea from ports or places in Pakistani as they apply to Pakistani ships subject to the \r\nfollowing modifications, namely:— \r\n \r\n(a)  the said section shall not apply if a valid international load line certificate or a \r\nvalid international load line exemption certificate is produced in respect of the \r\nship; and \r\n \r\n(b)  subject to the provisions of clause (a), a ship which does not comply with the \r\nconditions of assignment to the extent required in her case by section 374 shall \r\nbe deemed to be unsafe for the purpose of section 400. \r\n \r\n 377. Submersion of load lines of ships other than Pakistani ships.––The provisions of \r\nsections 362, 363 and 364 shall apply to ships other than Pakistani ships, while they are within any \r\nport or place in Pakistan as they apply to Pakistani ships subject to the following modifications, \r\nnamely:— \r\n \r\n(a)  no ship carrying cargo or passengers and belonging to country to which the \r\nLoad Line Convention applies, shall be detained and no proceedings shal be \r\ntaken against the owner or master thereof, by virtue of the said sections except \r\nafter an inspection by a surveyor as provided by section 374; and \r\n \r\n(b)  the expression “the appropriate load line” in relation to any ship other than \r\na Pakistani ship shall mean,— \r\n \r\n(i)  in the case of a ship in respect of which there is produced on such \r\nan inspection as aforesaid a valid international load line certificate, \r\nthe load line appearing by the certificate to indicate the maximum \r\ndepth to which the ship is for the time being entitled under the \r\nLoad Line Convention to be loaded; and \r\n \r\n(ii)  in any other case, the load line which corresponds with the load line \r\nindicating the maximum depth to which the ship is for the time being \r\nentitled under the load line rules to be loaded, or, if no load line on the \r\nship corresponds as aforesaid, the lowest load line thereon. \r\n \r\n 378. Inspection of ships belonging to non-convention countries.––The provisions of \r\nsection 366 shall apply, in the same manner as they apply to Pakistani ships, to all other ships while \r\nthey are within any port or place in Pakistan except ships to which the provisions of section 374 \r\napply. \r\n \r\n 379. Load line certificates and load line exemption certificates of ships other than \r\nPakistani ships. —(1) The provisions of this Part relating to the issue, effect, duration, \r\nrenewal and cancellation of Pakistan load line certificates or, as the case may be, Pakistan load \r\n \r\nPage 152 of 233 \r\n \r\nline exemption certificates shall apply to ships other than Pakistani ships as they apply to Pakistani \r\nships subject to the following modifications, namely:— \r\n \r\n(a)  any such certificate may be issued in respect of any such ship as in respect of a \r\nPakistani ship provided that any such certificate issued in respect of a ship of a \r\ngross tonnage of one hundred and fifty or upwards carrying cargo or \r\npassengers and belonging to a country to which the Load Line Convention \r\napplies shall only be valid so long as the ship is not plying on voyages from or \r\nto any port or place in Pakistan to or from any port or place outside \r\nPakistan and shall be endorsed with a statement to that effect and shall be \r\ncancelled by the Federal Government if it has reason to believe that the ship is \r\nso plying; and \r\n \r\n(b)  the survey required for the purpose of seeing whether the certificate should \r\nremain in force shall take place when required by the Federal Government. \r\n \r\n (2) If the Federal Government is satisfied— \r\n \r\n(a)  that the provision has been made for the fixing, marking and certifying of load \r\nlines by the law in force in any country outside Pakistan with respect to ships \r\nor any class or description bf ships of that country and has also been so made \r\nor has been agreed to be so made for recognising Pakistan load line certificate \r\nor, as the case may be, Pakistan load line exemption certificate as having the \r\nsame effect in ports or places of that country as certificates issued under the \r\nsaid provisions; and \r\n \r\n(b)  that the said provision for the fixing, marking and certifying load lines is based \r\non the same principles as the corresponding provisions of this Part relating to \r\nload lines and is equally effective, it may, by notification in the official \r\nGazette, direct that the load line certificates or load line exemption certificate \r\nissued in pursuance of the said provisions or in respect of ships of that class or \r\ndescription of ships of that country, shall have the same effect for the purpose \r\nof this Part as Pakistan load line certificates or, as the case may be, Pakistan \r\nload line exemption certificates: \r\n \r\n Provided that such direction shall not apply to ships of gross tonnage of one hundred and \r\nfifty or upwards carrying cargo or passengers and belonging to countries to which the Load Line \r\nConvention applies, if such ships are engaged in plying on voyages from or to any port or place in \r\nPakistan to or from port or place outside Pakistan. \r\n \r\n 380. Certificates to be produced to Customs by ships, other than Pakistani ships, \r\nbelonging to non-Convention countries.––The master of every ship belonging to a country to \r\nwhich the Load Line Convention does not apply shall produce to the officer of Customs from whom \r\na port clearance for the ship is sought, either a Pakistan load line certificate or, as the case may be, \r\nPakistan load line exemption certificate or a certificate having effect under this Ordinance as such a \r\ncertificate, being a certificate for the time being in force in respect of the ship, and port clearance \r\nshall not be granted and the ship may be detained until the certificate required by this section is so \r\nproduced \r\n______________ \r\n \r\n \r\nPage 153 of 233 \r\n \r\nCHAPTER 27. — CARRIAGE OR SPECIAL CARGOES \r\n \r\n 381. Power to make rules in respect of timber cargo.—(1) The Federal Government may, \r\nby notification in the official Gazette, make rules as to the conditions on which timber may be \r\ncarried as cargo in any uncovered space on the deck of any Pakistani ship or any other ship \r\nwithin any port or place in Pakistan, hereinafter referred to as the timber cargo rules, and as to \r\nthe conditions on which any other cargo may be carried. \r\n \r\n (2) The timber cargo rules may prescribe a special load line to be used only when the ship is \r\ncarrying timber as cargo on deck and the conditions on which such special load line may be assigned \r\nand may further prescribe, either generally or with reference to particular voyages or seasons, the \r\nmanner and position in which such timber is to be towed and the provisions which are to be made for \r\nthe safety of the crew. \r\n \r\n (3) Any surveyor authorised in this behalf by the Federal Government may, at any \r\nreasonable time, inspect any ship carrying timber as cargo in any uncovered space on her deck \r\nfor the purpose of seeing whether the timber cargo rules have been complied with. \r\n \r\n (4) The owner or master of a ship who contravenes any provisions of the rules made under \r\nthe preceding sub-sections shall be liable to a fine which may extend to fifty thousand rupees. \r\n \r\n (5) The foregoing provisions of this section and the timber cargo rules shall apply to ships \r\nother than Pakistani ships while they are within Pakistani jurisdiction as they apply to Pakistani \r\nships. \r\n \r\n 382. Carriage of dangerous goods.—(1) The Federal Government may, by notifiction \r\nin the official Gazette, make rules for regulating, in the interest of safety, the carriage of dangerous \r\ngoods in ships. \r\n \r\n (2) In particular and without prejudice to the generality of the foregoing power, such rules \r\nmay provide for the classification of such goods, the packing, marking and stowing of such goods or \r\nany class of such goods, and the fixing of the maximum quantity of any such class of goods which \r\nmay be carried in different ships or classes of ships, and such other matters relating to dangerous \r\ngoods as required to be provided for implementing the provisions of the Safety Convention. \r\n \r\n (3) The owner, master or agent of a ship carrying or intending to carry any dangerous goods \r\nas cargo and about to make a voyage from a port or place in Pakistan shall furnish in advance the \r\nprescribed particulars of the ship and the cargo to the Principal Officer, or to such other officer \r\nas may be specified, for the purpose. \r\n \r\n (4) A surveyor may inspect the ship for the purpose of ensuring that the rules made under \r\nthis section are complied with. \r\n \r\n (5) If any of the rules made under this section is not complied with in relation to any ship, \r\nthe owner or master of the ship shall be liable to a fine which may extend to fifty thousand rupees \r\nand the ship shall be deemed for purposes of this Part to be an unsafe ship. \r\n \r\n (6) This section shall apply, in the same manner as it applies to Pakistani ships, to ships \r\nother than Pakistani ships while they are within any port in Pakistan or are embarking or \r\ndisembarking passengers or are loading or discharging cargo or fuel within Pakistan jurisdiction. \r\n \r\nPage 154 of 233 \r\n \r\n \r\n Explanation.–– In this section the expression “dangerous goods” means goods which by \r\nreason of the nature, quantity or mode of stowage are either singly or collectively liable to endanger \r\nthe life or the health of persons on or nearer the ship or to imperil the ship and includes all substances \r\nwithin the meaning of the expression “explosive” as defined in the Explosives Act, 1884 (IV of \r\n1884), and any other goods which the Federal Government may, by notification in the official \r\nGazette, specify as dangerous goods but shall not include,— \r\n \r\n(a)  any fog or distress signals or other stores or equipment required to be carried \r\nby the ship under this Ordinance or the rules regulations there under; and \r\n \r\n(b)  particular cargoes carried in ships specially built or converted as a whole for \r\nthat purpose, such as tankers. \r\n \r\n 383. Restrictions on carriage of dangerous goods.—(1) A person shall not send or \r\nattempt to send by any vessel, Pakistani or foreign, and a person not being the master or owner \r\nof the vessel, shall not carry or attempt to carry in any such vessel, any dangerous goods, without \r\ndistinctly marking their nature on the outside of the package containing the same, and giving written \r\nnotice of the nature of those goods and of the name and address of the sender or carrier thereof to \r\nthe master or owner of the vessel at or before the time of sending the same to be shipped or taking \r\nthe same on board the vessel. \r\n \r\n (2) If any person fails, without reasonable cause to comply with this section, he shall, for \r\neach offence, be liable to a fine which may extend to fifty thousand rupees or if he shows that he \r\nwas merely an agent in the shipment of any such goods as aforesaid, and was not aware and did \r\nnot suspect and had no reason to suspect that the goods shipped by him were of a dangerous nature, \r\nhe shall be liable to a fine which may extend to five thousand rupees. \r\n \r\n 384. Penalty for misdescription of goods.—(1) No person shall knowingly send or \r\nattempt to send by or carry or attempt to carry in any vessel, Pakistani or foreign, dangerous goods \r\nunder false description, nor shall falsely describe the sender or carrier thereof. \r\n \r\n (2) If any person contravenes the provisions of sub-section (1) he shall be liable to \r\nimprisonment for a term which shall not be less than three months and fine not exceeding five \r\nhundred thousand rupees. \r\n \r\n 385. Power to deal with goods suspected of being dangerous.—(1) The master or owner \r\nof any Pakistani or foreign vessel, may refuse to take on board any package or parcel which he \r\nsuspects to contain any dangerous goods, and may require it to be opened to ascertain the fact. \r\n \r\n (2) Where any dangerous goods or any goods which, in the opinion of the master or owner \r\nof the vessel, are dangerous goods, have been sent or brought abroad any Pakistani or foreign \r\nvessel, without being marked as aforesaid, or without such notice having been given as aforesaid, \r\nthe master or owner of the vessel may cause those goods to be delivered ashore together with any \r\npackage or receptacle in which they are contained and the expenditure involved in such operation \r\nshall be recoverable from the owner or owners of the goods or suppliers. \r\n \r\n 386. Forfeiture of dangerous goods improperly sent or carried.—(1) Where any \r\ndangerous goods have been sent or carried, or attempted to be sent or carried, on board any Pakistani \r\nor foreign vessel, without being marked as aforesaid or without such notice having been given as \r\n \r\nPage 155 of 233 \r\n \r\naforesaid, or under a false description, or with a false description of the sender or carrier thereof, any \r\ncourt having jurisdiction may declare those goods and any package of receptacle in which they are \r\ncontained, to be dangerous goods, and they shall thereupon be forfeited and when forfeited shall be \r\ndisposed of as the Court directs. \r\n \r\n (2) The Court shall have, and may exercise, the aforesaid powers of forfeiture and disposal \r\nnotwithstanding that the owner of the goods has not committed any offence under the provisions \r\nof this Ordinance relating to dangerous goods, and is not before the court, and has not received \r\nnotice of the proceedings, and notwithstanding that there is no evidence to show to whom the goods \r\nbelong; nevertheless the court may, in its discretion, require such notice as it may direct to be given \r\nto the owner or shipper of the goods before they are forfeited. \r\n \r\n 387. Saving for other enactments relating to dangerous goods.––The provisions of this \r\nPart of this Ordinance relating to the carriage of dangerous goods shall be in addition to, and not in \r\nderogation of, any other law for a time being in force. \r\n \r\n 388. Grain loading plan.—(1) No grain shall be loaded on board any Pakistani ship \r\nanywhere unless there is in force in respect of such ship a grain loading plan approved under sub-\r\nsection (3) or sub-section (4). \r\n \r\n (2) The grain loading plan shall be in such form and contain such particulars as the stability \r\nof the ship, circumstances of loading on departure and arrival, the main characteristics of the fittings \r\nused to prevent the shifting of cargo and such other matters as may be prescribed, having regard to \r\nthe rules made under sub-section (7) of section 389. \r\n \r\n (3) Save as otherwise provided in sub-section (4) the grain loading plan shall be submitted to \r\nthe Federal Government for approval and that Government may, having regard to the rules made \r\nunder sub-section (7) of section 389, the stability of the ship and the circumstances of loading on \r\ndeparture and arrival, approve the plan with such modifications, if any, as it may deem necessary. \r\n \r\n (4) The Federal Government may request the Government of a country to which the Safety \r\nConvention applies to approve the grain loading plan of a Pakistani ship and an approval given in \r\npursuance of such a request and containing a statement that it has been so given shall have effect for \r\nthe purposes of this section as if the approval had been given by the Federal Government. \r\n \r\n (5) The Federal Government may, at the request of the Government of a country to which \r\nthe Safety Convention applies approve the grain loading plan of a ship registered in that country \r\nif the Federal Government is satisfied, in the like manner as in the case of Pakistani ship, that such \r\napproval can properly be given and where approval is given at such a request, it shall contain a \r\nstatement that it has been so given. \r\n \r\n (6) If the master, owner or agent fails to comply with the provisions of sub-section (1) he \r\nshall, for each offence, be liable to a fine which may extend to ten thousand rupees. \r\n \r\n 389. Carriage of grain.—(1) Where grain is loaded on board any Pakistani ship or is loaded \r\non board any ship within any port or place in Pakistan, all necessary and reasonable precautions \r\nshall be taken to prevent the grain from shifting; and if such precautions are not taken, the owner or \r\nthe master of the ship or any agent of the owner who was charged with the loading or with \r\nsending the ship to sea laden with grain, shall be liable to a fine which may extend to one hundred \r\n \r\nPage 156 of 233 \r\n \r\nthousand rupees and the ship shall be deemed for the purposes of this Part to be unsafe by reason of \r\nimproper loading. \r\n \r\n (2) Where any ship which is loaded with grain outside Pakistan without all necessary and \r\nreasonable precautions having been taken to prevent the grain from shifting, enters any port or place \r\nin Pakistan so laden, the owner or the master of the ship shall be liable to a fine which may extend to \r\none hundred thousand rupees and the ship shall be deemed for the purposes of this Part to be unsafe \r\nby reason of importer loading. \r\n \r\n (3) Where grain is loaded on board a Pakistani ship in accordance with a grain loading plan \r\napproved under section 388 or where grain is loaded on board any other ship in accordance \r\nwith a grain loading plan approved by or on behalf of the Government of the country in which that \r\nship is registered, the ship shall be deemed, for the purposes of sub-sections (1) and (2), to have \r\nbeen loaded with all necessary and reasonable precautions. \r\n \r\n (4) On the arrival at a port or place in Pakistan from a port or place outside Pakistan of any \r\nship carrying a cargo of grain, the master shall cause to be delivered at the office of the Principal \r\nOfficer or to such other officer as may be specified by the Federal Government in this behalf, a \r\nnotice stating,— \r\n \r\n(a)  the draught of water and free board of the said ship after the loading of the \r\ncargo was completed at the final port of loading; \r\n \r\n(b)  the kind of grain carried and quantity thereof stated in cubic meters, cubic feet, \r\nquarters, bushels or tons weight; and \r\n \r\n(c)  the mode in which the grain is stowed and the precautions taken to prevent the \r\ngrain from shifting and where the grain has been stowed in accordance with \r\nthe ships’ grain loading plan, if any, that it has been so stowed. \r\n \r\n (5) If the master fails to deliver the notice required by sub-section (4), or if on any such \r\nnotice makes any statement that he knows to be false in a material particular, or recklessly makes a \r\nstatement that is false in a material particular, he shall be liable to a fine which may extend to ten \r\nthousand rupees. \r\n \r\n (6) A surveyor or any other person authorised in this behalf, by general or special order \r\nof the Federal Government, may for securing the observance of the provisions of this section inspect \r\na ship carrying a cargo of grain and the mode in which such cargo is stowed therein and require the \r\nproduction of the grain loading plan of the ship. \r\n \r\n (7) The Federal Government may, by notification in the official Gazette, make rules \r\nprescribing in relation to grain loading plans and the loading of ships generally or of ships of any \r\nclass specifying the precautions to be taken, and when such precautions have been prescribed, they \r\nshall be treated for the purposes of this section to be included in the expression “necessary and \r\nreasonable precautions”. \r\n \r\n (8) In this section and section 388 the expression “grain” includes wheat, maize (corn), \r\noats, rye, barley, rice, pulses and seeds, and processed form thereof, and the expression “ship \r\ncarrying a cargo of grain” means a ship carrying a quantity of grain exceeding one-third of the \r\nship’s registered tonnage reckoning two tones by weight of grain as equivalent to one unit of \r\n \r\nPage 157 of 233 \r\n \r\nregistered tonnage, or where the height of grain carried in any compartment exceeds one-third of the \r\nheight of that compartment. \r\n \r\n 390. Carriage of bulk cargoes other than grain, etc.—(1) The Federal government may, \r\nby notification in the official Gazette, make rules in relation to the loading of bulk cargoes, other \r\nthan grain as defined in sub-section (8) of section 389 and oil in bulk, on any Pakistani ship or in any \r\nship within any port or place in Pakistan. \r\n \r\n (2) The owner or master of a ship in respect of which the provisions of any of the rules \r\nmade under sub-section (1) are contravened shall be liable to a fine which may extend to ten \r\nthousand rupees. \r\n_____________ \r\n \r\nCHAPTER 28. — UNSEAWORTHY AND UNSAFE SHIPS \r\n \r\n 391. Unseaworthy ship defined.––A ship is “Unseaworthy” within the meaning of this \r\nOrdinance when the materials of which she is made, her construction, the qualifications of the crew \r\nincluding officers, the weight, description and stowage of the cargo and ballast, the condition of her \r\nhull and equipment, boilers and machinery are not such as to render her in every respect fit for the \r\nproposed voyage or service. \r\n \r\n 392. Unseaworthy ships not to be sent to sea.—(1) Every person who sends or \r\nattempts to send a Pakistani ship to sea from any port or place in Pakistan in such an Unseaworthy \r\nstate that the life of any person is likely to be thereby endangered shall, unless he proves that he \r\nused all reasonable means to ensure her being sent to sea in a seaworthy state, or that her going to \r\nsea in such an Unseaworthy state was, under the circumstances reasonable and justifiable, be liable \r\nto imprisonment for a term which shall not be less than three months and fine not exceeding five \r\nhundred thousand rupees. \r\n \r\n (2) Every master of a Pakistani ship who knowingly takes such ship to sea in such an \r\nUnseaworthy state that the life of any person is likely to be thereby endangered shall, unless he \r\nproves that her going to sea in such an Unseaworthy state was, under the circumstances reasonable \r\nand justifiable, be liable to a fine which may extend to one hundred thousand rupees. \r\n \r\n (3) For the purpose of giving such proof, every person charged under this section may give \r\nevidence in the same manner as any other witness. \r\n \r\n (4) No prosecution under this section shall be instituted except by, or with the consent of, the \r\nFederal Government. \r\n \r\n 393. Obligation of ship owner to crew with respect to seaworthiness.—(1) In every \r\ncontract of service, express or implied, between the  owner of a Pakistani ship and the master or any \r\nseaman there of, there shall be implied, notwithstanding any agreement to the contrary, an obligation \r\non the owner of the ship, that such owner, and the master, and every agent charged with the loading \r\nof the ship or the preparing thereof for sea, or the sending thereof to sea, shall use all reasonable \r\nmeans to ensure the seaworthiness of the ship for the voyage at the time when the voyage \r\ncommences, and to keep her in a seaworthy condition during the voyage. \r\n \r\n \r\nPage 158 of 233 \r\n \r\n (2) For the purpose of seeing that the provisions of this section have been complied with, the \r\nFederal Government may, either at the request of the owner or otherwise, arrange for a survey of \r\nthe hull, equipment or machinery of any sea-going ship by a surveyor. \r\n \r\n 394. Power to detain unsafe ship and procedure for detention.—(1) Where a \r\nPakistani ship in any port or place to which the Federal Government may specially extend this \r\nsection is an unsafe ship, that is to say, is by reason of the defective condition of her hull, equipment \r\nor machinery, or by reason of under manning or by reason of over loading or improper loading, unfit \r\nto proceed to sea without serious danger to human life, having regard to the nature of the service for \r\nwhich she is intended, such ship may be provisonally detained for the purpose of being surveyed and \r\neither finally detained or released as follows, namely:— \r\n \r\n(a)  the Federal Government, if it has reason to believe, on complaint or otherwise, \r\nthat anysuch ship is unsafe, may order the ship to be provisionally detained as \r\nan unsafe ship for the purpose of being surveyed; \r\n \r\n(b)  a written statement of the grounds of such detention shall be forthwith served \r\non the master of such ship; \r\n \r\n(c)  when the Federal Government orders that a ship be provisionally detained, it \r\nshall either refer the matter to the Court of Survey for the port where the ship \r\nis detained, or forthwith appoint some competent person to survey such ship \r\nand report thereon; and, on receiving the report, may either order the ship to be \r\nreleased, or if in its opinion the ship is unsafe, may order her to be finally \r\ndetained, either absolutely or until the performance of such conditions with \r\nrespect to the execution of repairs or alterations, or the unloading or reloading \r\nof cargo, as the Federal Government thinks necessary for the protection of \r\nhuman life; \r\n \r\n(d)  before an order for final detention is made, a copy of the report shall be served \r\nupon the master of the ship, and within seven days after such service, the \r\n owner or master may appeal against such report, in the manner prescribed, to \r\nthe Court of Survey for the port where the ship is detained; \r\n \r\n(e)  where a ship has been provisionally detained and a person has been appointed \r\nunder this section to survey such ship, the owner or master of the ship, at any \r\ntime before such person makes that survey, may require that he shall take with \r\nhim as assessor such person as the owner or master may select, being a person \r\nnamed in the list of assessors for the Court of Survey or if there is no such list \r\nor if it is impracticable to procure the attendance of any person named in such \r\nlist, a person of nautical engineering or of other special skill and experience. If \r\nthe surveyor and assessor agree that the ship should be detained or released, \r\nthe Federal Government shall cause the ship to be detained or released \r\naccordingly, and the owner or master shall have no right of appeal. If the \r\nsurveyor and assessor differ in their report, the Federal Government may act \r\nas if the requisition had not been made, and the owner or master shall have a \r\nright of such appeal touching the report of the surveyor as is here in before \r\nprovided in this section; \r\n \r\n \r\nPage 159 of 233 \r\n \r\n(f)  where a ship has been provisionally detained, the Federal Government may, at \r\nanytime if it thinks it expedient, refer the matter to the Court of Survey for the \r\nport where the ship is detained; and \r\n \r\n(g)  the Federal Government may, at any time if satisfied that a ship detained under \r\nthis section is not unsafe, order her to be released either upon or without any \r\nconditions. \r\n \r\n (2) A Principal Officer or any other person appointed by the Federal Government for the \r\npurpose (in this Ordinance referred to as a Detaining Officer), shall have the same power as the \r\nFederal Government has under this section of ordering that a ship be provisionally detained for the \r\npurpose of being surveyed, and of appointing a person to survey her; and, if he thinks that a ship so \r\ndetained by him is not unsafe, a detaining officer may order her to be released. \r\n \r\n (3) A detaining officer shall forthwith report to the Federal Government any order made by \r\nhim for the detention or release of a ship. \r\n \r\n (4) A ship detained under this section shall not be released by reason of her ceasing to be a \r\nPakistani ship subsequent to her detention. \r\n \r\n (5) A detaining officer, for the purpose of this Chapter, may \r\n \r\n(a)  go on board any ship and may inspect the same or any part thereof, or any of \r\nthe machinery, equipment and cargo on board thereof, and require the unload- \r\ning or removal of any cargo, ballast or tackle, not unnecessarily detaining or \r\ndelaying her from discharging, unloading or proceeding on any voyage; \r\n \r\n(b)  by summons under his hand, require the attendance of all such persons as he \r\nthinks fit to call before him, examine such persons, and, by a like summons, \r\nrequire returns in writing to any inquiries he thinks fit to make; \r\n \r\n(c)  require and enforce the production of all books, papers or documents which he \r\nconsiders important; and \r\n \r\n(d)  administer oaths, or in lieu of administering an oath, require every person \r\nexamined by him to make and subscribe a declaration of the truth of the state- \r\nments made by him in his examination. \r\n \r\n 395. Liability of Federal Government for costs and damages when ship wrongly \r\ndetained.–– If it appears that there was no reasonable and probable cause, by reason of the condition \r\nof the ship or the act or default of the owner or the master, for the provisional detention of a ship, the \r\nFederal Government shall be liable to pay to the owner of the ship his costs of, and incidental to, the \r\ndetention and suvey of the ship and also compensation for any loss or damage sustained by him by \r\nreason of the detention or survey. \r\n \r\n 396. Liability of ship owner for costs when ship rightly detained.––If a ship is \r\nfinally detained under this Chapter, or if it appears that a ship provisionally detained was at the \r\ntime of such detention unsafe, or if a ship is detained in pursuance of any provisions of this \r\nChapter which provide for the detention of a ship until a certain event occurs, the owner of the ship \r\n \r\nPage 160 of 233 \r\n \r\nshall be liable to pay to the Federal Government the costs of, and incidental to, the detention and \r\nsurvey of the ship; and the ship shall not be released until such costs are paid. \r\n \r\n 397. Method of calculating costs of detention and survey.––For the purposes of this \r\nOrdinance, the costs of, and incidental to, any proceeding before a Court of Survey, and a reasonable \r\namount in respect of the remuneration of the surveyor or any person appointed to represent the \r\nFederal Government before the Court, shall be deemed to be part of the costs of the detention and \r\nsurvey of the ship. \r\n \r\n 398. Power to require from complainant security for costs.––When a complaint is made \r\nto the Federal Government or a Detaining officer that a Pakistani ship is unsafe, it shall be in the \r\ndiscretion of the Federal Government or the Detaining officer, as the case may be, to require the \r\ncomplainant to give security to the satisfaction of the Federal Government or the detaining officer \r\nfor the costs and compensation which such complainant may become liable to pay as hereinafter \r\nmentioned. \r\n \r\n Provided that, where the complaint is made by one-fourth being not less than three, of the \r\nseamen belonging to the ship, and is not in the opinion of the Federal Government or the Detaining \r\nOfficer frivolous or vexatious, such security shall not be required, and the Federal Government or \r\nthe Detaining Officer shall, if the complaint is made in sufficient time before the sailing of the ship, \r\ntake proper steps to ascertain whether the ship ought to be detained under this Chapter. \r\n \r\n 399. Costs, etc., payable by Federal Government to be recovered from complainant.–– \r\nWhere a ship is detained in consequence of any complaint and the circumstances are such that the \r\nFederal Government is liable under this Chapter to pay to the owner of the ship any costs or \r\ncompensation, the complainant shall be liable to pay to Federal Government all such costs and \r\ncompensation as the Federal Government incurs, or is liable to pay, in respect of the detention and \r\nsurvey of the ship. \r\n \r\n 400. Application to ships other than Pakistani ships of provisions as to detention.–– \r\nWhen a ship other than a Pakistani ship is in a port in Pakistan and is, whilst at the port, unsafe \r\nby reason of— \r\n \r\n(a)  the defective condition of her hull, equipment, machinery, unsafe operational \r\nprocedure or by reason of over-loading or improper loading; \r\n \r\n(b)  the condition of the ship, or any part thereof, or the stability is such that it \r\ncannot proceed to sea without danger to the ship or the persons on board; \r\n \r\n(c)  the ship is unsafe by reason of under manning, its loading condition or because \r\nof it carries too many passengers; and \r\n \r\n(d)  the provisions, water or medical stores are of such quality and quantity that \r\nthis endangers the safety or health of persons on board; the provisions of this \r\nchapter with respect to the detention of ships shall apply to that ship as if she \r\nwere as Pakistani ship, with the following modifications, namely :– \r\n \r\n(i)  copy of the order for the provisional detention of the ship shall \r\nforthwith be served on the consular officer for the country to which the \r\nship belongs at or nearest to the port in which such ship is detained; \r\n \r\nPage 161 of 233 \r\n \r\n(ii)  the consular officer, at the request of the owner or master of the ship, \r\nmay require that the person appointed by the Federal government to \r\nsurvey the ship shall be accompanied by such person as the consular \r\nofficer may select, and in that case, if the surveyor and that person \r\nagree, the Federal Government shall cause the ship to be detained or \r\nreleased accordingly; but, if they differ, the Federal Government may \r\nact as if the requisition had not been made, and the owner and master \r\nshall have the like right of appeal to a Court of Survey touching the \r\nreport of the surveyor as is here in before provided in the case of a \r\nPakistani ship; and \r\n \r\n(iii)  where the owner or master of the ship appeals to the Court of Survey, \r\nthe consular officer, at the request of the owner or master, may appoint \r\na competent person to be assessor in the case in lieu of the assessor \r\nwho if the ship were a Pakistani ship, would be appointed otherwise \r\nthan by the Federal Government. \r\n \r\n 401. Detention, etc., of foreign ships in cases to which section 400 does not apply.–– \r\nWhere any ship other than a Pakistani ship is detained under this Part in any case to which the \r\nprovisions of section 400 do not apply, or where any proceedings are taken under this Part against \r\nthe master or owner of any such ship, notice shall forthwith be served on the consular officer for the \r\ncountry to which the ship belongs at or nearest to the port where the ship is for the time being, and \r\nsuch notice shall specify the grounds on which the ship has been detained or the proceedings have \r\nbeen taken. \r\n \r\n 402. Exemption of ships from certain provisions of the Chapter.–––Nothing in this-\r\nChapter shall apply to any ship other than a Pakistani ship while it is within any port in Pakistan if it \r\nwould not have been within such port but for stress of whether or any other circumstances that \r\nneither the master nor the owner nor the charter, if any, of the ship could have prevented or \r\nforestalled. \r\n_____________ \r\n \r\nPART VII.—NAVIGATION, COLLISIONS AND ACCIDENTS \r\n \r\nCHAPTER 29. — NAVIGATION \r\n \r\n 403. Method of giving helm order.—(1) No person on any Pakistani ship shall, when the \r\nship is going ahead give helm or steering order containing the word “starboard” or “right” or any \r\nequivalent of “starboard” or “right” unless he intends that the head of the ship shall move to the right \r\nor give a helm or steering order containing the word “port” or “left” or any equivalent of “port” or \r\n“left” unless he intends that the head of the ship shall move to the left. \r\n \r\n (2) Any person who contravenes the provisions of this section shall, for each offence, be \r\nliable to a fine which may extend to five thousand rupees. \r\n \r\n 404. Duty to report dangers to navigation.—(1) The master of a Pakistani ship on \r\nmeeting with— \r\n \r\n(a)  dangerous ice; \r\n \r\n(b)  a dangerous derelict; \r\n \r\n \r\nPage 162 of 233 \r\n \r\n(c)  a tropical storm; \r\n \r\n(d)  air temperatures below freezing point associated with gale force winds causing \r\nsevere ice accretion on the superstructure of the ship; \r\n \r\n(e)  winds of force ten or above on the Beauport scale for which no storm warning \r\nhas been received; or \r\n \r\n(f)  any other direct danger to navigation, \r\n \r\n shall send information accordingly by all means of communication at his disposal, and in \r\naccordance with such rules as the Federal Government may make in this behalf, to ships in the \r\nvicinity and to such authorities on shore as may be prescribed by those rules. \r\n \r\n Explanation.—For the purposes of this section, the expression “tropical storm” means a \r\nhurricane, typhoon, cyclone or other storm of a similar nature, and the master of a ship shall be \r\ndeemed to have met with a tropical storm if he has reason to believe that there is such a storm in the \r\nvicinity. \r\n \r\n (2) If the master of a ship fails to comply with th provisions of this section he shall, for each \r\noffence, be liable to a fine which may extend to five thousand rupees. \r\n \r\n 405. Careful navigation near ice.—(1) When ice is reported on or near his course, the \r\nmaster of every Pakistani ship shall proceed at a moderate speed or alter his course so as to pass \r\nwell clear of the danger zone. \r\n \r\n (2) If the master of any such ship fails to comply with the provisions of this section, he \r\nshall be liable to a fine which may extend to five thousand rupees. \r\n \r\n 406. Obligation to render assistance on receiving signal of distress.—(1) The master \r\nof a Pakistani ship on receiving at sea a signal of distress or information from any source that a \r\nvessel or aircraft is in distress shall proceed with all speed to the assistance of the persons in \r\ndistress (informing them if possible that he is doing so) unless he is unable or in the special \r\ncircumstances of the case considers it unreasonable or unnecessary to do so or unless he is released \r\nfrom such obligation under the provisions of sub-section (3) or sub-section (4). \r\n \r\n (2) Where the master of any ship in distress has requisitioned any Pakistani ship that has \r\nanswered his call, it shall be the duty of the master of the requisitioned ship to comply with the \r\nrequisition by continuing to proceed with all speed to the assistance of the persons in distress unless \r\nhe is released from the obligation under the provisions of sub-section (4). \r\n \r\n (3) The master shall be released from the obligation imposed by sub-section (1) as soon \r\nas he is informed of the requisition of one or more ships other than his own and that the requisition is \r\nbeing complied with by the ship or ships requisitioned. \r\n \r\n (4) The master shall be released from the obligation imposed by sub-section (1), if his ship \r\nhas been requisitioned from the obligation imposed by sub-section (2), if he is informed by the \r\npersons in distress that assistance is no longer required. \r\n \r\n \r\nPage 163 of 233 \r\n \r\n (5) If the master of any Pakistani ship on receiving at sea a signal of distress or information \r\nfrom any source that a vessel or aircraft is in distress is unable or in the special circumstances of the \r\ncase considers it unreasonable or unnecessary to go to the assistance of the persons in distress, he \r\nshall forthwith cause a statement to be entered in the official log-book or, if there is no official \r\nlog-book, cause other record to be kept of his reasons for not going to the assistance of those \r\npersons; and if he fails to do so he shall be liable to a fine which may extend to tell thousand rupees. \r\n \r\n (6) The master of every Pakistani ship for which an official log book is required shall enter or \r\ncause to be entered in the official log-book every signal of distress or message that a vessel, aircraft \r\nor person is in distress at sea. \r\n \r\n (7) Any master, failing to comply with the provisions of sub-section (1) or sub-section (2), \r\nshall be liable to a fine which may extend to fifty thousand rupees. \r\n \r\n 407. Power to make rules.––The Federal Government may, by notification in the official \r\nGazette, make rules prescribing— \r\n \r\n(a)  the manner of communicating information regarding dangers to navigation, \r\nand the authorities on shore to whom such information is to be communicated; \r\n \r\n(b)  the signals which shall be signals of distress and of urgency respectively; \r\n \r\n(c)  the circumstances in which, and the purposes for which any such signal is to \r\nbe used and the circumstances in which it is to be revoked; and \r\n \r\n(d)  the speed at which any message sent by radio telegraphy or by any \r\nother means in connection with such signal is to be transmitted. \r\n \r\n 408. Ships to carry certain navigational instruments, etc.—(1) Every Pakistani ship \r\nshall be provided with such navigational and meteorological instruments, equipment (in addition to \r\nthose referred to in section 339), and publications including charts, directions or information as \r\nappear necessary or expedient for the safe operation of ship, as the Federal Government may by \r\nrules prescribe, and such rules may also prescribe the manner in which such instruments and \r\nequipment shall be maintained. \r\n \r\n (2) The Principal Officer or surveyor may go on board any ship and inspect the instruments, \r\nequipment and publications maintained under sub-section (1) with a view to satisfying himself that \r\nthe provisions of that sub-section have been duly complied with. \r\n \r\n (3) If the Principal Officer or surveyor is of opinion that the provisions of sub-section (1) are \r\nnot being complied with by any Pakistani ship, he may detain the ship until such time as those \r\nprovisions have been duly complied with. \r\n \r\n 409. Signalling lamps.—(1) Every Pakistani ship, being a ship of a gross tonnage of over \r\none hundred and fifty, shall, when proceeding to sea from any port or place in Pakistan, be provided \r\nwith a signalling lamp of the type approved by the Federal Government.. \r\n \r\n (2) If any ship proceeds or attempts to proceed to sea in contravention of this section, the \r\nowner or master thereof shall, for each offence, be liable to a fine which may extend to five \r\nthousand rupees. \r\n \r\nPage 164 of 233 \r\n \r\n \r\n 410. Meteorological observations to be recorded, etc.—(1) Every Pakistani ship shall \r\nmake meteorological observations at such intervals and record the same in such meteorological log \r\nas may be prescribed. \r\n \r\n (2) Any Pakistani ship or ships required by the Federal Government to do so shall transmit \r\nmeteorological reports at such times and to such authorities as may be appointed in this behalf \r\n \r\n (3) The master of a ship in respect of which the provisions of sub-section (1) or sub-\r\nsection (2) are contravened shall be liable to a fine which may extend to five thousand rupees. \r\n_____________ \r\n \r\nCHAPTER 30. — COLLISIONS AND ACCIDENTS \r\n \r\n 411. Collision regulations.—(1) The Federal Government may, by notification in the \r\nofficial Gazette, make regulations for the prevention of collisions at sea, and may thereby regulate \r\nthe lights and shapes to be carried and exhibited, the fog and distress signals to be carried and used, \r\nand the steering and sailing rules to be observed by Pakistani ships, and by sailing vessels and \r\nfishing vessels registered in Pakistan. \r\n \r\n (2) The collision regulations, together with the provisions of sections 412 and 413 shall \r\nalso be observed, while within Pakistan jurisdiction, by all ships other than Pakistani ships and by all \r\nsailing vessels and fishing vessels not registered in Pakistan, and, in any case arising in any court in \r\nPakistan concerning matters arising within Pakistan jurisdiction, such ships and vessels shall, for the \r\npurpose of application of the collision regulations and the said provisions, be treated as if they were \r\nPakistani ships or sailing vessels or fishing vessels registered in Pakistan, as the case may be. \r\n \r\n 412. Observance of collision regulations.—(1) The owner or master of every ship and \r\nthe owner, nakhuda or skipper of every sailing vessel or fishing vessel shall observe the collision \r\nregulations and shall not carry or exhibit any lights or shapes, or use any fog or distress signals, \r\nother than those required by the said regulations. \r\n \r\n (2) Any person who contravenes the provisions of sub-section (1) shall, for each offence, be \r\nliable to a fine which may extend to ten thousand rupees. \r\n \r\n (3) If any damage to person or property arises from the non-observance by any such ship or \r\nvessel of any of the collision regulations, the damage shall be deemed to have been occasioned by \r\nthe wilful default of the person in charge of the ship or the vessel, as the case may be, at the time \r\nunless it is shown to the satisfaction of the Court that the circumstances of the case made a departure \r\nfrom the regulations necessary. \r\n \r\n 413. Inspection of lights and shapes, etc.—(1) A surveyor, or such other person as may \r\nbe appointed by the Federal Government in this behalf, may inspect any ship whether a Pakistani \r\nship or not, and any sailing vessel or fishing vessel whether registered in Pakistan or not, for the \r\npurpose of seeing that the ship or vessel is properly provided with lights and shapes and the means \r\nof making fog and distress signals in conformity with the collision regulations, and, if the surveyor \r\nor such other person finds that the ship or vessel is not so provided with, he shall give to the owner \r\nor to the master, nakhuda or skipper, as the case may be, notice in writing, pointing out the \r\ndeficiency, and also what is, in his opinion, requisite in order to remedy the same. \r\n \r\n \r\nPage 165 of 233 \r\n \r\n (2) Every notice so given shall be communicated in the prescribed manner to the officer of \r\nCustoms at any port or place from which such ship or vessel may seek to clear; and no officer of \r\nCustoms to whom such communication is made shall grant such ship or vessel a port clearance or \r\nallow her to proceed to sea without a certificate under the hand of some person appointed as \r\naforesaid to the effect that the ship or vessel is properly provided with lights and shapes and with the \r\nmeans of making fog and distress signals in accordance with the said regulations. \r\n \r\n 414. Saving for rules of navigation in harbour, etc.––Nothing in this Ordinance shall affect \r\nthe operation of any rules concerning lights and signals to be carried, or the steps for avoiding \r\ncollisions to be taken, by vessels navigating the waters of any harbour, river or other inland \r\nnavigation, made, whether before or after the commencement of this Ordinance, under any law for \r\nthe time being in force. \r\n \r\n 415. Duty of master to assist in case of collision.—(1) In every case of collision between \r\ntwo ships, the master or person in charge of each ship, in and so far as he can do so without danger \r\nto his own ship, crew and passengers, if any, shall— \r\n \r\n(a)  render to the other ship, her master, crew and passengers, if any, Such \r\nassistance as may be practicable and may be necessary to save them from \r\nany danger caused by the collision and stay by the other ship until he has \r\nascertained that she has no need of further assistance; and \r\n \r\n(b)  give to the master or person in charge of the other ship the name of his own \r\nship and of the port to which she belongs and also the names of the ports \r\nfrom which she comes and to which she is bound. \r\n \r\n (2) if the master or person in charge fails, without reasonable cause, to comply with this \r\nsection he shall, for each offence, be liable to a fine which may extend to fifty thousand rupees and \r\nif he is a certificated officer, an inquiry into his conduct may be held, and his certificate suspended \r\nor cancelled. \r\n \r\n 416. Collision to be entered in official-log.—(1) In every case of collision in which it is \r\npracticable so to do, the master of every ship concerned shall, immediately after the occurrence, \r\ncause a statement thereof and of the circumstances under which the same occurred to be entered in \r\nthe official log-book, if any, and the entry shall be signed by the master and also by one of the \r\nofficers or one of the crew. \r\n \r\n (2) If a master fails to comply with this section, he shall be liable to a fine which may extend \r\nto five thousand rupees. \r\n \r\n 417. Report to Federal Government of accidents to ships.—(1) When a ship has \r\nsustained or caused any accident occasioning loss of life or any serious injury to any person or has \r\nreceived any material damage affecting her seaworthiness or her efficiency either in her hull or is \r\nso altered in any part of her machinery as not to correspond with the particulars contained in any of \r\nthe certificates issued under this Ordinance in respect of the ship, the owner or master shall, within \r\ntwenty-four hours after the happening of the accident or damage or as soon thereafter as possible, \r\ntransmit to the Federal Government, or the nearest Principal Officer, a report of the accident or \r\ndamage and of the probable cause thereof stating the name of the ship, her official number, if any, \r\nher port of registry and the place where she is. \r\n \r\n \r\nPage 166 of 233 \r\n \r\n (2) If the owner or master fails, without reasonable cause, to comply with this section he \r\nshall be liable to a fine which may extend to five thousand rupees. \r\n \r\n 418. Notice of loss of Pakistani ship to be given.—(1) If the owner or agent of any \r\nPakistani ship has reasons, owing to the non-appearance of the ship or to any other circumstance, to \r\napprehend that the ship has been wholly lost, he shall, as soon as conveniently may be, send to the \r\nFederal Government notice in writing of the loss and of the probable cause thereof stating the name \r\nof the ship, her official number, if any, and her port of registry. \r\n \r\n (2) If the owner or agent fails, without reasonable cause, to comply with this section he \r\nshall be liable to a fine which may extend to five thousand rupees. \r\n \r\n 419. Division of loss in case of collision.—(1) Whenever by the fault of two or more ships \r\ndamage or loss is caused to one or more of them or to the cargo of one or more of them or to any \r\nproperty on board one or more of them, the liability to make good the damage or loss shall be in \r\nproportion to the degree in which each ship was at fault: \r\n \r\n Provided that— \r\n \r\n(a)  if, having regard to all the circumstances of the case, it is not possible to \r\nestablish different degrees of fault, the liability shall be apportioned equally; \r\n \r\n(b)  nothing in this section shall operate so as to render any ship liable for any loss \r\nor damage to which her fault has not contributed; and \r\n \r\n(c)  nothing in this section shall affect the liability of any person under any \r\ncontract or shall be construed as imposing any liability upon any person from \r\nwhich he is exempted by any contract or by any provision of law, or as \r\naffecting the right of any person to limit his liability in the manner provided by \r\nlaw. \r\n \r\n (2) For the purposes of this Chapter, references to damage or loss by the fault of a ship \r\nshall be construed as including references to any salvage or other expenses, consequent upon that \r\nfault, recoverable in law by way of damages. \r\n \r\n 420. Damages for personal injuries.—(1) Whenever loss of life or personal injuries are \r\nsuffered by any person on board a ship owing to the fault of that ship and of any other ship or \r\nships, the liability of the owners of the ships concerned shall be joint and several. \r\n \r\n (2) Nothing in this section shall be construed as depriving any person of any right \r\nof defence on which, independently of this section, he might have relied in any action brought \r\nagainst him by the person injured, or any person entitled to sue in respect of such loss of life, \r\nor shall affect the right of any person to limi t his liability in cases to which this section relates in \r\nthe manner provided by law. \r\n \r\n 421. Right of contribution.—(1) Whenever loss of life or personal injuries are \r\nsuffered by a person on board a ship owing to the fault of that ship and of any other ship or ships, \r\nand a proportion of the damages is recovered from the owner, of one of the ships which exceeds the \r\nproportion in which she was in fault, the said owner may recover by way of contribution the amount \r\n \r\nPage 167 of 233 \r\n \r\nof the excess from the owners of the other ship or ships to the extent to which those ships were \r\nrespectively in fault: \r\n \r\n Provided that no amount shall be so recovered which could not by reason of any \r\nstatutory or contractual limitation of, or exemption from, liability, or which could not for any other \r\nreason, have been recovered in the first instance as damages by the persons entitled to sue thereof. \r\n \r\n (2) In addition to any other remedy provided by law, the person entitled to any contribution \r\nunder sub-section (1) shall, for the purpose of recovering the contribution, have, subject to the \r\nprovisions of this Ordinance, the same rights and powers as the persons entitled to sue for damages \r\nin the first instance. \r\n \r\n 422. Power to make rules for maritime communication.—(1) The Federal Government \r\nmay, by notification in the official Gazette, make rules to ensure that the maritime emergency and \r\nsafety communication shall be carried out in a satisfactory manner. \r\n \r\n (2) rules made under sub-section (1) may regulate, inter-alia, the provision of necessary \r\nfacilities and, the assignment of radio frequencies, and may provide for the training and certification \r\nof personnel in charge of the maritime communications in a coastal radio station. \r\n \r\n 423. Power to make regulations for search and rescue.—(1) The Federal Government \r\nmay, by notification in official Gazette, make regulations to ensure that the necessary arrangements \r\nare made in Pakistan for coast watching and for the rescue of persons in distress at sea. \r\n \r\n (2) Regulations made under sub-section (1) shall include provisions on the establishment, \r\noperation and maintenance of such maritime safety facilities as are deemed practicable and necessary \r\nhaving regard to the density of the sea-going traffic and the navigational dangers, and shall, so far as \r\npossible, afford adequate means of locating and rescuing such persons and shall provide for the \r\ntraining and certification of personnel involved in search and rescue operations. \r\n \r\n \r\nPART VIII.—OFFICIAL LOGS \r\n \r\nCHAPTER 31.—OFFICIAL LOGS \r\n \r\n 424. Official logs to be kept and to be dated.—(1) Except in the case of a coasting ship \r\nnot exceeding a gross tonnage of two hundred and a sailing vessel or fishing vessel, an official log in \r\nthe prescribed form shall be kept in every Pakistani ship and in every other ship which carries any \r\nPakistani seamen engaged in Pakistan. \r\n \r\n (2) The official log shall be kept distinct from the ordinary ship’s log. \r\n \r\n (3) Any entry required by this ordinance in the official log-book shall be made as soon \r\nas possible after the occurrence to which it relates, and if not made on the same day as that \r\noccurrence, shall be made and dated so as to show the date of the occurrence and of the entry \r\nrespecting it; and if made in respect of an occurrence happening before the arrival of the ship at her \r\nfinal port of discharge, shall not be made more than twenty-four hours after that arrival. \r\n \r\n (4) Save as otherwise provided in this Ordinance every entry in the official log-book shall \r\nbe signed by the master and by the mate or some other member of the crew and also— \r\n \r\n \r\nPage 168 of 233 \r\n \r\n(a)  if it is an entry of illness, injury or death, shall be signed by the surgeon or \r\nmedical practitioner on board, if any; and \r\n \r\n(b)  if it is an entry of wages due to, or of the sale of the effects of, a seaman or \r\napprentice who dies, shall be signed by some other member of the crew. \r\n \r\n (5) Every entry made in an official log-book in the manner provided by this Ordinance shall \r\nbe admissible in evidence. \r\n \r\n 425. Entries required to be made in official log-book.––The master of every Pakistani ship \r\nfor which an official log is required shall enter or cause to be entered in the official log-book the \r\nfollowing matters, namely:— \r\n \r\n(i)  every conviction by a Court or other authority of a member of his crew, \r\nand the punishment inflicted; \r\n \r\n(ii)  every offence committed by a member of his crew, and, if the offence is one \r\nfor which it is intended to prosecute or to enforce a forfeiture or to exact a fine \r\ntogether which such statement concerning the reading over of that entry, and \r\nconcerning the reply, if any, made to the charge as is by this Ordinance \r\nrequired; \r\n \r\n(iii)  every offence for which punishment is inflicted on board and the punishment \r\ninflicted thereof; \r\n \r\n(iv)  a statement of the conduct, character and qualifications, and a report on the \r\nquality of work of each member of his crew, or a statement, with reasons, that \r\nhe declines to give an opinion on those particulars; \r\n \r\n(v)  every case of illness or injury happening to a member of the crew with the \r\nnature thereof, and the medical treatment adopted, if any; \r\n \r\n(vi)  every case of death happening on board and the cause thereof; \r\n \r\n(vii)  every birth happening on board with the sex of the infant and the names \r\nof the parents; \r\n \r\n(viii)  every marriage taking place on board with the names and ages of the parties; \r\n \r\n(ix)  the name of every seaman or apprentice who ceases to be a member of the \r\ncrew otherwise than by death, with the place, time, manner and cause thereof; \r\n \r\n(x)  the wages due to any seaman or apprentice who dies, or otherwise ceases to \r\nbe a member of the crew, during the voyage, and the gross amount of all \r\ndeductions to be made therefrom; \r\n \r\n(xi)  the money or other property taken over of any seaman or apprentice who \r\ndies during the voyage and the sale of such effects, if any, indicating a \r\nstatement of each article sold and of the sum received for it ; \r\n \r\n \r\nPage 169 of 233 \r\n \r\n(xii)  every disrating of seaman along with a statement of disrating and of the fact \r\nthat a copy of the entry has been furnished to the seaman ; \r\n \r\n(xiii)  a statement of the effects left onboard by a seaman who is left behind out of \r\nPakistan and the amount due to him on account of wages at the time he was \r\nleft behind; \r\n \r\n(xiv)  a record of examination of provisions and water and the result of such \r\nexamination; \r\n \r\n(xv)  a record of inspection of crew accommodation and the result of such \r\ninspection ; \r\n \r\n(xvi)  every collision with any other ship and the circumstances under which the \r\nsame occurred; \r\n \r\n(xvii)  every fire or boiler explosion occurring on the ship and the circumstances \r\nunder which the same occurred; \r\n \r\n(xviii)  a statement of any damage sustained by the ship or cargo as a result of any \r\nfire, boiler explosion, perils of the seas or any other reason during the voyage. \r\n \r\n(xix)  a statement of the nature and amount of cargo jettisoned for the safety of the \r\ncrew, passengers or the ship ; \r\n \r\n(xx)  the time of closing and opening the hinged doors, portable plates, side scuttles, \r\ngangway, cargo and coaling ports and other openings which are required by \r\nany rules made under this Ordinance to be kept closed during navigation; \r\n \r\n(xxi)  a record of all drills and inspections required by any rules made under this \r\nOrdinance with an explicit record of any defects disclosed; and, if boat drill \r\nand fire drill are not practiced on board the reasons why boat drill and fire \r\ndrill were not practiced as required by such rules. \r\n \r\n(xxii)  a statement by the master that he has, before the commencement of \r\nvoyage, made an inspection as to whether the ship is in all respects seaworthy, \r\nsafe and in a fit condition to proceed to sea ; \r\n \r\n(xxiii)  the particulars as to the position of the deck line and load lines specified in the \r\nload line certificate ; \r\n \r\n(xxiv)  such particulars relating to the depth to which the ship is loaded before leaving \r\nany place for the purpose of proceeding to sea as may be required by any \r\nrules made under this Ordinance; \r\n \r\n(xxv)  a statement by the master that he had not found any stowaway on board \r\nbefore the commencement of the voyage; \r\n \r\n(xxvi)  the tonnage of the space, measured in accordance with any rules made under \r\nthis ordinance, occupied by goods carried as, deck cargo; \r\n \r\nPage 170 of 233 \r\n \r\n \r\n(xxvii)  any order made by a Maritime Board; \r\n \r\n(xxviii) every signal of distress or message that a vessel, aircraft or person is in \r\ndistress at sea, received by the master; \r\n \r\n(xxix)  any occasion when the master has been unable to go to the assistance of any \r\nvessel or aircraft of person in distress at sea together with his reasons for the \r\ninability; \r\n \r\n(xxx)  a list of documents delivered to him on taking commend of the ship; \r\n and \r\n \r\n(xxxi)  any other mater which may be prescribed for entry in the official log-book. \r\n \r\n 426. Entries required to be made in official log-book of every other ship which carries \r\nPakistani seamen.––The master of every ship, not being a Pakistani ship, for which an official log \r\nis required, shall enter or cause to be entered in the official log-book only such of the matters \r\nspecified in clauses (i) to (vi) and clauses (ix) to (xv) of section 425, as relate to the Pakistani \r\nseamen engaged in Pakistan as member of his crew provided that entry is witnessed by any other \r\nPakistani officer or Pakistani crew, if any. \r\n \r\n 427. Offences in respect of official log.—(1) If an official log-book is not kept in the \r\nmanner required by this Ordinance, or if an entry required by this Ordinance to be made there in is \r\nnot made at the time and in the manner required, the master shall, if no other penalty is provided by \r\nthis Ordinance, for each offence, be liable to a fine which may extend to five thousand rupees. \r\n \r\n (2) If any person makes for procures to be made or assists in making any entry in any official \r\nlog-book in respect of any occurrence happening previously to the arrival of the ship at her final \r\nport of discharge more than twenty-four hours after such arrival, he shall, for each offence, be liable \r\nto a fine which may extend to five thousand rupees. \r\n \r\n (3) If any person wilfully destroys or mutilates or renders illegible any entry in any official \r\nlog-book, or wilfully makes or procures to be made or assists in making a false or fraudulent entry \r\nin, or omission from, an official log-book, he shall be liable to a fine which may extend to five \r\nthousand rupees. \r\n \r\n 428. Delivery of official logs.—(1) The master of every foreign-going ship for which an \r\nofficial log-book is required to be kept shall, within forty-eight hours after the ship’s arrival at \r\nher final port of destination in Pakistan or upon the discharge of the crew, whichever first happens, \r\ndeliver the official log-book of the voyage to the Shipping Master before whom the crew is \r\ndischarged. \r\n \r\n (2) The master or owner of every home-trade ship, and of every coasting ship, for which an \r\nofficial log is required to be kept shall, within twenty-one days of the thirtieth day of June and \r\nthe thirty-fast day of December in every year, transmit or deliver to some Shipping Master in \r\nPakistan the official log-book for the preceding half-year. \r\n \r\n (3) If the master or owner of a ship fails, without reasonable cause, to comply with the \r\nsection, he shall be liable to a fine which may extend to five thousand rupees. \r\n \r\nPage 171 of 233 \r\n \r\n \r\n 429. Official logs to be sent to Shipping Master in the case of transfer or loss of \r\nships.—(1) If for any reason the official log ceases to be required in respect of a ship, the \r\nmaster or owner of the ship shall, if the ship is then in Pakistan, within one month, and, if she is \r\nelsewhere, within six months, after the cessation, deliver or transmit to the Shipping Master at the \r\nport or place where the crew was engaged the official log-book duly completed up to the time of \r\nthe cessation. \r\n \r\n (2) If a ship for which an official log is required to be kept is lost or abandoned, the master or \r\nowner thereof shall, if practicable, and as soon as possible, deliver or transmit to the Shipping \r\nMaster at the port or place where the crew was engaged the official log-book duly completed up to \r\nthe time of the loss or abandonment. \r\n \r\n (3) If the master or owner of the ship fails, without reasonable cause to comply with the \r\nprovisions of this section he shall, for each offence, be liable to a fine which may extend to five \r\nthousand rupees. \r\n \r\n 430. Power to call for official logs.—(1) The Federal Government or the Maritime Board, \r\nor any Principal Officer, surveyor, Shipping Master or Pakistan consular officer may, by order in \r\nwriting at any time, call for the official log book of a ship for the purpose of inspection of the entries \r\nmade therein, and the master or owner of the ship shall, unless the official log-book has already been \r\ncalled for under this section, produce the same at the time and place specified in the order. \r\n \r\n (2) If the master or owner fails, without reasonable cause, to comply with an order made \r\nunder sub-section (1), he shall, for each offence, be liable to a fine which may extend to five \r\nthousand rupees. \r\n__________ \r\n \r\nPART IX.—FISHING AND SAILING VESSELS \r\n \r\nCHAPTER 32.—FISHING VESSELS \r\n \r\n 431. Application of Chapter.––This Chapter applies to sea-going fishing vessels \r\npropelled by mechanical means only. \r\n \r\n 432. Ascertainment of tonnage.–– For the purpose of this Chapter, the tonnage of fishing \r\nvessels shall be such as may be ascertained in accordance with rules made for the ascertainment of \r\ntonnage under Part II except that in the case of a power driven trawler such tonnage shall be her \r\ngross tonnage. \r\n \r\n 433. Registration of fishing vessels.—(1) Every fishing vessel to which this Chapter \r\napplies shall be registered in accordance with the provisions of this section. \r\n \r\n (2) A fishing vessel registered at any time before the commencement of this Chapter at any \r\nport in Pakistan under any law for the time being in force shall, for a period of one year from \r\nsuch commencement or for such further period as may be specified in this behalf by the Federal \r\nGovernment, be required to be registered under this Chapter and be recognised as a fishing vessel \r\nregistered in Pakistan and, if she is not registered under this Chapter within such period, shall be \r\nliable to be forfeited to the Federal government. \r\n \r\n \r\nPage 172 of 233 \r\n \r\n (3) The owner of every fishing vessel shall make an application in the prescribed form to the \r\nRegistrar for the grant to him of a certificate of registry in respect of the vessel, and shall cause \r\nthe tonnage of the vessel to be ascertained in the prescribed manner. \r\n \r\n (4) The registrar, to be called the fishing vessel’s registry, may make such inquiry as he \r\nthinks fit with respect to the particulars contained in the application, and shall enter in a register, the \r\nfollowing particulars in respect of the vessel, namely:–– \r\n \r\n(a)  the name of the vessel, the place where she was built, and the port to which \r\nshe belongs; \r\n \r\n(b)  her tonnage ascertained; \r\n \r\n(c)  type of engines; \r\n \r\n(d)  the name, occupation and address of the owner; \r\n \r\n(e)  the letter and number assigned to the vessel; \r\n \r\n(f)  the mortgages, if any, effected by the owner in respect of the vessel; and \r\n \r\n(g)  such other particulars as may be prescribed. \r\n \r\n (5) After the particulars in respect of the vessel have been entered in the fishing \r\nvessel’s register under sub-section (4), the Registrar shall grant to the applicant a certificate of \r\nregistry in the prescribed form on payment of a fee according to such scale as may be prescribed \r\nhaving regard to the tonnage of the vessel. \r\n \r\n (6) A fishing vessel which is required to be registered under this Chapter but is not so \r\nregistered shall be detained by the Principal Officer, Surveyor or a officer of Customs until the \r\ncertificate of registry is produced by the owner or any other person in charge of the vessel. \r\n \r\n 434. Effect of registration of fishing vessels.—(1) In all proceedings under this \r\nOrdinance against the owner or skipper of, or any person belonging to, any vessel entered in the \r\nfishing vessel’s register, or for the recovery of damages for injury done to such vessel, the register \r\nshall be conclusive evidence that the person entered there in at any date as owner of the vessel was \r\nat that date the owner thereof, and that the vessel is a Pakistani sea going fishing vessel. \r\n \r\n (2) This section shall not prevent any proceedings being instituted against any person not so \r\nentered who is beneficially interested in the vessel nor shall it affect the rights of the owners among \r\nthemselves, if there be more than one owner, or the rights of any owner entered in the register \r\nagainst any person not so entered who is beneficially interested in the vessel. \r\n \r\n (3) Save as aforesaid, entry in the fishing vessel’s register shall not confer, take away, or \r\naffect any title to, or interest in, any such vessel. \r\n \r\n 435. Particulars relating to fishing vessels to be painted.—(1) The owner of a vessel \r\nregistered under section 433 shall paint or cause to be painted permanently in the prescribed manner \r\non some conspicuous part of the vessel, the name by which the vessel has been registered, the letter \r\n \r\nPage 173 of 233 \r\n \r\nand number assigned by the registrar, and the port to which she belongs, and shall ensure that the \r\nvessel remains so painted. \r\n \r\n (2) If the owner contravenes any of the provisions of sub-section (1), he shall, for each \r\noffence, be liable to a fine which may extend to five thousand rupees. \r\n \r\n 436. Change of name.––A change of name of a fishing vessel registered under section 433 \r\nshall not be made except in accordance with the rules made for change of name under Part II, and \r\nwhen so effected, shall be entered in the fishing vessel’s register. \r\n 437. Change of ownership.—(1) No person shall transfer or acquire any fishing vessel \r\nregistered under this Chapter or any interest herein without the previous approval in writing of the \r\nFederal Government or an officer authorized by it in this behalf; and any transaction effected in \r\ncontravention of this section shall be void and unenforceable. \r\n \r\n (2) Every change of ownership shall be reported, jointly by the registered owner and the new \r\nowner, to the registrar in the prescribed form, and the registrar shall make such inquiry as he \r\nthinks fit with respect to the change of ownership, and shall thereupon enter the name of the new \r\nowner in the fishing vessel’s register and endorse the certificate of registry accordingly. \r\n \r\n (3) Whoever contravenes any of the provisions of this section, shall, for each offence, be \r\nliable to a fine which may extend to fine thousand rupees. \r\n \r\n 438. Mortgages of fishing vessels.—(1) Every mortgage of a fishing vessel or of any \r\ninterest therein effected after the commencement of this Chapter shall be registered with the \r\nregistrar. \r\n \r\n (2) Every mortgage of a fishing vessel or any interest therein effected before the \r\ncommencement of this Chapter shall, if subsisting at such commencement, be registered with the \r\nregistrar within six months thereof unless it is earlier discharged. \r\n \r\n (3) The registrar shall enter every such mortgage in the fishing vessel’s register in the order \r\nin which it is registered with him. \r\n \r\n (4) If there are more mortgages than one recorded in respect of the same fishing vessel \r\nor interest therein the mortgages shall, notwithstanding any express, implied or constructive notice, \r\nhave priority according to the date on which each mortgage is registered with the registrar and not \r\naccording to the date of each mortgage itself: \r\n \r\n Provided that nothing contained in this sub-section shall affect the relative priorities as \r\nthey existed immediately before the commencement of this Ordinance as between mortgages of the \r\nsame vessel or interest therein effected before such commencement which are registered in \r\naccordance with the provisions of sub-section (2). \r\n \r\n 439. Registration of alterations.—(1) When a fishing vessel is so altered as not to \r\ncorrespond with the particulars relating to her entered in the certificate of registry, the owner of such \r\nvessel shall make a report of such alteration to the registrar of the port where the vessel is \r\nregistered, and the registrar shall either cause the alteration to be registered or direct that the vessel \r\nbe registered a new, in accordance with such rules as may be made in this behalf. \r\n \r\n \r\nPage 174 of 233 \r\n \r\n (2) If the owner fails to comply with the provisions of this section, he shall, for each offence, \r\nbe liable to a fine which may extend to five thousand rupees. \r\n \r\n 440. Transfer of registry.––The registry of a fishing vessel may be transferred from one \r\nport to another in Pakistan on the application of the owner of the vessel, in accordance with such \r\nrules as may be made in this behalf. \r\n \r\n 441. Entries in register relating to vessel lost, etc; to stand closed.—(1) If a fishing vessel \r\nis lost, destroyed or rendered permanently unfit for service, the owner of such vessel shall, with the \r\nleast practicable delay, report the fact to the registrar of the port where the vessel is registered and \r\nalso forward to him along with the report the certificate of registry in respect of the vessel; and \r\nthereupon the registrar shall make an entry to that effect in the fishing vessel’s register and upon the \r\nmaking of such entry the entries in the register relating to the registration of the vessel shall be \r\nconsidered as closed except so far as they relate to any unsatisfied mortgage entered therein. \r\n \r\n (2) If the owner fails to comply with any of the provisions of this section, he shall, for each \r\noffence, be liable to a fine which may extend to five thousand rupees. \r\n \r\n 442. Certificate of inspection.—(1) No fishing vessel of twelve meters in length and over \r\nshall ply or proceed to sea unless a certificate of inspection applicable to the intended voyage is in \r\nforce. \r\n \r\n (2) A certificate of inspection in respect of fishing vessel shall specify :–– \r\n \r\n(a)  the name and tonnage of the vessel; \r\n \r\n(b)  the name, occupation and address of the owner; \r\n \r\n(c)  the name of the skipper and engine driver; \r\n \r\n(d)  the type of engine; \r\n \r\n(e)  the maximum number of crew that may be carried; \r\n \r\n(f)  the limits within which the vessel may be used for purposes of fishing; \r\n \r\n(g)  the particulars of life saving and fire appliances, lights and shapes, and the \r\nmeans of making fog and distress signals carried on board; and \r\n \r\n(h)  that her hull, machinery and equipment are in good condition: \r\n \r\n Provided that where in respect of a vessel a fishing vessel safety certificate has been issued \r\nunder section 443 the particulars in clause (g) need not be specified. \r\n \r\n (3) A certificate of inspection shall be in force from the date of its issue for two years or for \r\nsuch shorter period as may be specified therein. \r\n \r\n (4) Whereat at any time after the issue of a certificate of inspection in respect of a fishing \r\nvessel, the Federal Government has reason to believe that the vessel is not fit to ply or \r\nproceed to sea, or that the vessel has undergone material alteration or has met with an \r\n \r\nPage 175 of 233 \r\n \r\naccident, it may, after giving the owner an opportunity of making a representation, cancel such \r\ncertificate. \r\n \r\n (5) A fresh certificate of inspection shall not be issued until the requirements of \r\nsection 439 have been satisfied and the vessel has been inspected and the authority making the \r\ninspection is satisfied that the vessel is fit to ply or proceed to sea. \r\n \r\n 443. Fishing vessel safety certificate and exemption certificate.—(1) Where in respect \r\nof a fishing vessel of twenty four meters in length and over, including vessels also processing their \r\ncatch, the Federal Government is satisfied that the vessel has been surveyed in the prescribed \r\nmanner, it may cause a fishing vessel safety certificate to be issued in respect of the vessel. \r\n \r\n (2) Where in respect of any such ship referred to in sub-section (1) an exemption is granted \r\nto vessel as per rules made under section 449 the Federal Government may cause a fishing vessel \r\nexemption certificate to be issued in addition to the certificate prescribed in sub-section (1). \r\n \r\n (3) The fishing vessel safety certificate and the fishing vessel exemption certificate shall be \r\nin the prescribed form. \r\n \r\n (4) A fishing vessel safety certificate shall be in force for five years from the date of its \r\nissue and shall not be extended for more than one year subject to the periodical and intermediate \r\nsurveys as required by the rules made under section 449. \r\n \r\n (5) A fishing vessel exemption certificate shall not be valid for a period longer than the \r\nperiod of the fishing vessel safety certificate. \r\n \r\n 444. Port clearance not to be given.––No officer of customs shall grant a port clearance to \r\nany fishing vessel until after the production of certificate of inspection, if applicable and also the \r\nfishing vessel safety certificate or, as the case may be, fishing vessel exemption certificate in \r\nrespect of a fishing vessel of twenty-four meters in length and over. \r\n \r\n 445. Fraudulent use of certificate of registry, certificate of inspection or safety \r\ncertificate, etc.—(1) No person shall use or attempt to use the certificate of registry, the \r\ncertificate of inspection, the safety certificate, or, as the case may be, the exemption certificate \r\ngranted in respect of a fishing vessel for any purpose other than the lawful navigation of the vessel. \r\n \r\n (2) No person shall use or attempt to use for the navigation of a fishing vessel a certificate of \r\nregistry, a certificate of inspection or a fishing vessel safety certificate, or as the case may be, a \r\nfishing vessel exemption certificate not granted in respect of that vessel. \r\n \r\n (3) No person who has in his possession or under his control the certificate of registry or the \r\ncertificate of inspection of a fishing vessel or a fishing vessel safety certificate, or as the case may \r\nbe, fishing vessel exemption certificate shall refuse or fail without reasonable cause to deliver such \r\ncertificate on demand to the owner of the vessel. \r\n \r\n (4) If any person contravenes any of the provisions of this section, he shall, for each offence, \r\nbe liable to a fine which may extend to ten thousand rupees. \r\n \r\n 446. Life saving appliances, etc.––Every fishing vessel shall be provided with such life \r\nsaving and fire appliances as may be required by rules made for the provisions of such appliances \r\n \r\nPage 176 of 233 \r\n \r\nunder Part VI, and shall be equipped with lights and shapes and the means of making fog and \r\ndistress signals in accordance with the collision regulations. \r\n \r\n 447. Skippers and engine drivers to be duly certificated.—(1) No fishing vessel of a gross \r\ntonnage of twenty-five or upwards shall proceed to sea unless the skipper and engine driver is duly \r\ncertificated by the Federal Government, nor shall any person not so certificated accept any such \r\nemployment in respect of any such vessel. \r\n \r\n (2) The Federal Government may make rules providing for— \r\n \r\n(a)  the manner in which and the conditions upon which such certificates shall be \r\ngranted ; \r\n \r\n(b)  the suspension and cancellation of such certificates ; and \r\n \r\n(c)  the inquiries and investigation into the conduct of the holders of such \r\ncertificates. \r\n \r\n (3) Any person who— \r\n \r\n(a)  having been engaged as a skipper or engine driver, goes to sea as such without \r\nbeing duly certificated, or \r\n \r\n(b)  employs a person in contravention of sub-section (1) without ascertaining that \r\nthe person is duly certificated, shall for each offence, be liable to a fine which \r\nmay extend to five thousand rupees. \r\n \r\n 448. Statement relating to crew to be maintained.—(1) Every owner or skipper of a sea-\r\ngoing fishing vessel shall maintain or cause to be maintained in the prescribed form a statement of \r\nthe crew of the vessel. \r\n \r\n (2) Every change of crew of the vessel shall be entered in the statement maintained under \r\nsub-section (1). \r\n \r\n (3) A copy of such statement and of every change therein shall be communicated as soon as \r\npossible to the registrar at the port where the vessel is registered. \r\n \r\n (4) If the owner or skipper fails to comply with any of the provisions of this section, he shall \r\nfor each offence, be liable to a fine which may extend to five thousand rupees. \r\n \r\n 449. Power to make rules.—(1) The Federal Government may, by notification in the \r\nofficial Gazette, make rules to carry out the purposes of this Chapter. \r\n \r\n (2) In particular, and without prejudice to the generality of the foregoing power, such rules \r\nmay provide for all or any of the following matters, namely:— \r\n \r\n(a)  the form in which applications for certificates of registry shall be made and the \r\nparticulars which such applications should contain ; \r\n \r\n \r\nPage 177 of 233 \r\n \r\n(b)  the form in which certificate of registry and certificates of inspection may be \r\nissued ; \r\n \r\n(c)  the manner in which fishing vessels shall be surveyed including their \r\nperiodical and the intermediate surveys ;  \r\n \r\n(d)  the form and the manner in which fishing vessel safety certificate and the \r\nfishing vessel exemption certificate are to be issued ; \r\n \r\n(e)  the issue of duplicate copies of certificates of registry, certificates of inspec- \r\ntion, fishing vessel safety certificate and fishing vessel exemption certificate \r\nwhen the originals are destroyed, lost, mislaid, mutilated or defaced ; \r\n \r\n(f)  the manner in which and the time within which, reports for the registration of \r\nalterations in the certificates of registry shall be made, the endorsements of the \r\nparticulars of alteration on such certificates, the grant of provisional cer- \r\ntificates where vessels are directed to be registered anew, the period for which \r\nprovisional certificates shall be valid and all other matters ancillary to the reg- \r\nistration of alterations ; \r\n \r\n(g)  the form and manner in which applications for the transfer of registry from \r\none port to another in Pakistan shall be made, and the procedure to be fol- \r\nlowed by the registrar in connection with such transfer ; \r\n \r\n(h)  the form and manner in which change of ownership is to be reported, and the \r\nprocedure to be followed in connection with such change ; \r\n \r\n(i)  the construction, equipment, machinery and other matters relating to the safety \r\nof the vessels ; \r\n \r\n(j)  the fees which may be levied for the issue or re-issue of certificate of registry \r\nor certificate of inspection and for all purposes of this Chapter and the \r\nminimum in which such fees may be recovered ; and \r\n \r\n(k)  any other matter which is to be or may be prescribed under this Chapter. \r\n___________ \r\n \r\nCHAPTER 33.—SAILING VESSELS \r\n \r\n 450. Application of Chapter.––Save as otherwise provided, this Chapter applies to \r\nevery sea-going sailing vessel owned by a citizen of Pakistan or a company which fulfils the \r\nconditions set out in section 13. \r\n \r\n 451. Decision of question whether a vessel is a sailing vessel.––Any question as to \r\nwhether or not a vessel is a sailing vessel for the purposes of this Chapter shall be referred to the \r\nFederal Government whose decision there-on shall be final. \r\n \r\n 452. Certificate of registry.—(1) Every sailing vessel shall be registered in accordance \r\nwith the provisions of this section \r\n \r\n \r\nPage 178 of 233 \r\n \r\n (2) A sailing vessel registered at any time before the commencement of this Chapter at any \r\nport in Pakistan under any law for the time being in force shall, for a period of one year from \r\nsuch commencement or for such further period as may be specified in this behalf by the Federal \r\nGovernment, be deemed to have been registered under this Chapter and be recognised as a sailing \r\nvessel registered in Pakistan and if she is not re-registered under this Chapter within such period \r\nshall be liable to be forfeited to the Federal Government. \r\n \r\n (3) The owner of every sailing vessel shall make an application in the prescribed form to the \r\nregistrar for the grant to him of a certificate of registry in respect of the vessel, and shall cause \r\nthe tonnage of the vessel to be ascertained in the prescribed manner. \r\n \r\n (4) The registrar may make such inquiry as he thinks fit with respect to the particulars \r\ncontained in such application and shall enter in a register, hereinafter referred to as called the sailing \r\nvessel’s register, the following particulars in respect of the vessel, namely:— \r\n \r\n(a)  the name of the sailing vessel, place where she was built and the port to which \r\nshe belongs ; \r\n \r\n(b)  the rig, type and tonnage of the vessel ; \r\n \r\n(c)  the name, occupation and address of the owner ; \r\n \r\n(d)  the number assigned to the vessel ; \r\n \r\n(e)  the mortgages, if any, effected by the owner in respect of the vessel ; and \r\n \r\n(f)  such other particulars are as my be prescribed. \r\n \r\n (5) After the particulars in respect of the vessel have been entered in the sailing \r\nvessel’s register under sub-section (4), the registrar shall grant to the applicant a certificate of \r\nregistry in the prescribed form on payment of a fee according to such scale as may be prescribed \r\nhaving regard to the tonnage of the vessel. \r\n \r\n (6) A sailing vessel which is required to be registered under this Chapter but is not so \r\nregistered shall be detained by the Principal Officer, surveyor or officer of Customs until the \r\ncertificate of registry is produced. \r\n \r\n 453. Change of name of sailing vessel.–– A change of name of a sailing vessel registered \r\nunder section 452 shall not be made except in accordance with the rules made in this behalf. \r\n \r\n 454. Prevention of overloading or overcrowding —(1) The Federal Government may, \r\nby notification in the official Gazette, make rules to regulate the carriage of cargo or passengers \r\nin sailing vessels and the protection of life and property on board such vessels. \r\n \r\n (2) In particular, and without prejudice to the generality of the foregoing power, such rules \r\nmay provide for all or any of the following matters, namely:— \r\n \r\n(a)  the assignment of freeboard to sailing vessels ; \r\n \r\n \r\nPage 179 of 233 \r\n \r\n(b)  the marking of such free board on such vessels and the maintenance of such \r\nmarkings ; \r\n \r\n(c)  the survey of the space allotted to passengers on board such vessels ; and \r\n \r\n(d)  the scale and type of accommodation to be provided for each passenger. \r\n \r\n (3) Any sailing vessel attempting to ply or proceed to sea without free board markings or any \r\nsailing vessel which has been so loaded as to submerge such markings may be detained by the \r\nPrincipal Officer, surveyor or officer of Customs until free board makings are made in accordance \r\nwith the rules made under sub-section (1) or the vessel is so loaded that such markings are not \r\nsubmerged. \r\n \r\n (4) Nothing in this section relating to survey of spaces allotted to passengers or the scale or \r\ntype of accommodation to be provided for each passenger shall apply to any sailing vessel which \r\nhas been surveyed under Part V, nor shall anything in this section relating to free board apply to \r\nany sailing vessel in respect of which a load line has been assigned under Part VI. \r\n \r\n (5) If any sailing vessel arrives at a port or place in Pakistan with a number of passengers in \r\nexcess of the number which the vessel is certified to carry, or arrives at such port or place with the \r\nfree board markings submerged, the owner and nakhuda shall, for each offence, be liable to a fine \r\nwhich may extend to ten thousand rupees. \r\n \r\n \r\n 455. Certificate of inspection.—(1) No sailing vessel shall ply or proceed to sea unless \r\na certificate of inspection applicable to the intended voyage is in force. \r\n \r\n (2) A certificate of inspection in respect of a sailing vessel shall specify—  \r\n \r\n(a)  the name and tonnage of the vessel ; \r\n \r\n(b)  the names of the owner and nakhuda of the vessel ; \r\n \r\n(c)  the maximum number of the crew and the maximum number of passengers \r\nthat may be carried ;  \r\n \r\n(d)  the limits within which the vessel may be used for purposes of trading ; \r\n \r\n(e)  the particulars of the free board assigned to the vessel; \r\n \r\n(f)  the particulars of life saving and fire appliances, lights, shapes and means of \r\nmaking fog and distress signals carried on board ; and shall contain a \r\nstatement to the effect that her hull, rigging and equipment, including \r\nauxiliary machinery, if any, are in good condition. \r\n \r\n (3) A certificate of inspection shall be in force for two years from the date of its issue or for \r\nsuch shorter period as tray be specified therein: \r\n \r\n \r\nPage 180 of 233 \r\n \r\n Provided that where a sailing vessel is on a voyage outside Pakistan at the time of expiry of \r\nthe certificate, the certificate shall continue to be valid until her first arrival at a port or place in \r\nPakistan after the expiry of such period. \r\n \r\n (4) No officer of Customs shall grant a port clearance until after the production by the owner \r\nor nakhuda there of, of a certificate of inspection in respect of the vessel. \r\n \r\n (5) Where at any time after the issue of a certificate of inspection in respect of a sailing \r\nvessel, the Federal Government has reason to believe that the vessel is not fit to ply or proceed to sea, \r\nit may, after giving the owner an opportunity of making a representation, cancel such certificate. \r\n \r\n (6) Where at any time after the issue of a certificate of inspection a sailing vessel has \r\nundergone material alteration or has met with an accident or, where the certificate of inspection of a \r\nsailing vessel has been cancelled under sub-section (5) and an application is made for the re-issue of \r\nsuch certificate, the registrar may, before re-issuing the certificate or issuing a fresh certificate, as the \r\ncase may be, cause such vessel to be inspected; and if the authority inspecting the vessel reports that \r\nshe is not fit to ply or proceed to sea or that her hull, rigging and equipment, including auxiliary \r\nmachinery, if any, are defective, such certificate shall not be re-issued or issued until the vessel is, in \r\nthe opinion of such authority, fit to ply or proceed to sea or the defect is rectified to the satisfaction \r\nof such authority. \r\n \r\n 456. Inquiry into jettisoning of cargo.—(1) If any owner or nakhuda of a sailing vessel \r\nin the course of her voyage has jettisoned or claims to have jettisoned the whole or any part of the \r\ncargo of the vessel on account of abnormal weather conditions or for any other reason, he shall, \r\nimmediately after arrival of the vessel at any port or place in Pakistan, give notice of such \r\njettisoning to the Principal Officer at such port, or, where there is no such officer, to such other \r\nofficer as may be appointed by the Federal Government in this behalf ; and such notice shall contain \r\nfull particulars of the cargo jettisoned and the circumstances under which such jettisoning took place. \r\n \r\n (2) When any such officer receives notice under sub-section (1) or has reason to believe that \r\nthe cargo of any sailing vessel in his port has been jettisoned, he shall forthwith report in writing to \r\nthe Federal Government the information he has received and may proceed to make an inquiry into \r\nthe matter. \r\n \r\n 457. Foreign sailing vessels not to engage in coasting trade without permission—(1) A \r\nsailing vessel not owned by a citizen of Pakistan or a company which fulfils the conditions set out \r\nin section 13 shall not engage in the coasting trade of Pakistan without the previous permission in \r\nwriting of the Federal Government. \r\n \r\n (2) The Federal Government may, when granting such permission, impose such terms and \r\nconditions as it thinks fit and may require the owner or other person in charge of the vessel to \r\ndeposit such amount as it thinks necessary for the due fulfillment of such terms and conditions. \r\n \r\n (3) No Officer of Customs shall grant a port clearance to a sailing vessel not registered under \r\nthis Chapter which engages or attempts to engage in the coasting trade of Pakistan until after the \r\nproduction by the owner or person in charge thereof of the permission under sub-section (1). \r\n \r\n 458. Detention of overloaded foreign sailing vessels.—(1) The provisions of sub-section (5) \r\nof section 454 shall apply to any sailing vessel registered in any country other than Pakistan which \r\narrives in a port or place in Pakistan in an overloaded condition. \r\n \r\nPage 181 of 233 \r\n \r\n \r\n (2) A sailing vessel shall be deemed to be in an over-loaded condition for the purposes of this \r\nsection— \r\n \r\n(a)  where the vessel is loaded beyond the limit specified in any certificate issued \r\nin the country in which she is registered ; or \r\n \r\n(b)  in case where no such certificate has been issued in respect of the vessel where \r\nthe actual free board of the vessel is less than the free board which would have \r\nbeen assigned to her had she been registered under this Chapter. \r\n \r\n (3) Any such vessel which is in an overloaded condition and is about to proceed from a port \r\nor place in Pakistan may be detained until she ceases to be in an overloaded condition; but nothing \r\nherein contained shall affect the liability of the person in charge of the vessel in respect of such \r\noverloading under any other provision of this Ordinance. \r\n \r\n 459. Application to sailing vessels of certain provisions relating to ships and \r\nfishing vessels. —(1) The provisions of sections 427, 437, 438, 439, 440, 441, 445, 446, and 448 \r\nshall, mutatis mutandis, apply to sailing vessels as they apply to fishing vessels. \r\n \r\n (2) The Federal Government may, by notification in official Gazette, direct that any other \r\nprovisions of this Ordinance which do not expressly apply to sailing vessels shall also apply to such \r\nvessels subject to such conditions, exceptions and modifications, if any, as may be specified in the \r\nnotification. \r\n \r\n 460. Powers to make rules respecting sailing vessels.—(1) The Federal Government may, \r\nbe notification in the official Gazette, make rules to carry out the purposes of this Chapter. \r\n \r\n (2) In particular, and without prejudice to the generality of the foregoing power, such rules \r\nmay, besides providing for all or any of the matters specified in section 449 in so far as such matters \r\nrelate to sailing vessels, provide for all or any of the following matters, namely:— \r\n \r\n(a)  the manner in which the tonnage of sailing vessel shall be ascertained ; \r\n \r\n(b)  the manner in which free board is to be assigned to sailing vessels and the free \r\nboard markings are to be made; \r\n \r\n(c)  the form and manner in which applications for the change of name of sailing \r\nvessels shall be made and the procedure to be followed by the registrar in \r\nconnection with such change ; \r\n \r\n(d)  the criteria by which sailing vessels may be classified for the purpose of \r\ndetermining the limits within which they may be used for purposes of trading; \r\n \r\n(e)  the survey of space provided for passengers of sailing vessels and the scale \r\nand type of accommodation to be provided for such passengers ; and \r\n \r\n(f)  any other matter which is to be or may be prescribed under this Chapter. \r\n____________ \r\n \r\n \r\nPage 182 of 233 \r\n \r\nPART X.— NUCLEAR SHIPS \r\n \r\nCHAPTER 34.—NUCLEAR SHIPS \r\n \r\n 461. Application of Ordinance to nuclear ships.—(1) This Part applies only to nuclear \r\nships. \r\n \r\n (2) Notwithstanding anything contained in this Ordinance, a nuclear ship shall not be \r\nrequired to obtain or produce any certificate referred to in sub-clauses (i) to (xiii) or clause (36) of \r\nsection 2 or, as the case may be, any like valid safety convention certificate. \r\n \r\n (3) The Federal Government may, by notification in the official Gazette, direct that any of \r\nthe provisions of this Ordinance (other than the provisions of this Part and the provisions of section \r\n605) specified in the notification. \r\n \r\n(a)  Shall not apply to nuclear ships; or \r\n \r\n(b)  shall apply to nuclear ships, only with such exceptions, modifications and \r\nadoptations as may be specified in the notification. \r\n \r\n 462. Nuclear passenger ship safety certificates and nuclear cargo ship safety \r\ncertificates.—(1) If in respect of any Pakistani nuclear passenger or cargo ship the Federal \r\nGovernment is satisfied that the ship has been surveyed in accordance with this Ordinance and \r\nhas been inspected by a person appointed in this behalf by the Federal Government and has \r\ncomplied with such special requirement, if any, as that person has, after such inspections, specified, \r\nthe Federal Government may issue— \r\n \r\n(a)  in the case of a passenger ship, a nuclear passenger ship safety certificate; and \r\n \r\n(b)  in the case of a cargo ship, a nuclear cargo ship safety certificate. \r\n \r\n (2) A certificate issued under sub-section (1) shall be in force for a period of twelve months \r\nfrom the date of issue or for such shorter period as may be specified in the certificate. \r\n \r\n 463. Prohibition of proceeding to sea without certificates—(1) No Pakistani nuclear ship \r\nshall proceed on a voyage from port or place in Pakistan to any port or place outside Pakistan \r\nunless there is in force in respect of the ship. \r\n \r\n(a)  a nuclear passenger ship safety certificate, if she is passenger ship; and \r\n \r\n(b)  a nuclear cargo ship safety certificate, of she is a cargo ship. \r\n \r\n (2) The master of a ship to which this section applies shall produce to the officer of Customs \r\nfrom whom a port clearance for the ship is demanded the certificate required by sub-section (1) \r\nwhen the ship proceeds to sea and the port clearance shall not be granted and the ship may be \r\ndetained until the said certificate is so produced. \r\n \r\n (3) If a Pakistani nuclear ship proceeds or attempts to proceed to sea in contravention of sub-\r\nsection (1) the master or owner shall, for each offence, be liable to a fine which may extend to one \r\nhundred thousand rupees. \r\n \r\n \r\nPage 183 of 233 \r\n \r\n 464. Safety assessment and operating manual.—(1) Every Pakistani nuclear ship shall \r\nhave on board a safety assessment and an operating manual in such form and containing such \r\nparticulars and approved by such authority as may be prescribed. \r\n \r\n (2) The safety assessment and the operating manual shall be prepared, maintained and kept \r\nup to date in such manner as may be prescribed. \r\n \r\n (3) if a Pakistani nuclear ship fails to comply with sub-section (1) the master, owner or \r\nagent shall, for each offence, be liable to a fine which may extend to one hundred thousand rupees. \r\n \r\n 465. Foreign nuclear ships to give advance notice of arrival.—(1) No nuclear ship, \r\nother than a Pakistani ship, shall enter the territorial waters of Pakistan unless the master, owner or \r\nagent thereof has given such advance notice of the ship’s intended arrival in Pakistan as may be \r\nprescribed, to such authority as may be specified by the Federal Government, and has forwarded \r\nalong with the notice a true copy of the ship’s safety assessment to that authority. \r\n \r\n (2) If on the examination and evaluation of the ship's safety assessment the authority referred \r\nto in sub-section (1) is of the opinion that the entry of the ship will involve unreasonable radiation \r\nand other hazards to the crew, passengers, members of the public, waterways, food or water \r\nresources, he may direct the nuclear ship not to enter the territorial waters of Pakistan and the ship \r\nshall comply with such direction. \r\n \r\n (3) If a nuclear ship other than a Pakistani ship enters the territorial waters of Pakistan in \r\ncontravention of this section the master shall, for each offence, be liable to a fine which may \r\nextend to one hundred thousand rupees. \r\n \r\n 466. Control on arrival of nuclear ship.—(1) The master of every nuclear ship shall, on \r\narrival at a port in Pakistan, give notice of the ship’s arrival in the prescribed form to such authority \r\nas the Federal Government may specify in this behalf. \r\n \r\n (2) Any person authorised in this behalf (herein-after referred to as the authorised person), \r\nby general or special order of the Federal Government, may go on board such ship for the purpose \r\nof verifying that she has on board a valid nuclear passenger ship safety certificate or, as the case may \r\nbe, nuclear cargo ship safety certificate and for the purpose of satisfying himself after examining the \r\nsafety assessment and operating manual and such other things as he deems fit that there are no \r\nunreasonable radiation or other hazards to the crew, passengers, members of the public, waterways, \r\nfood or water resources. \r\n \r\n (3) If the authorized person is satisfied after such examining that there are no unreasonable \r\nradiation or other hazards to the crew, passengers, members of the public, waterways, food or water \r\nresources, he may issue a certificate to that effect. \r\n \r\n (4) If the master of a nuclear ship fails to give notice required by sub-section (1) he shall, for \r\neach offence, be liable to a fine which may extend to fifty thousand rupees. \r\n \r\n 467. Notice of accidents to nuclear ships.—(1) Where a Pakistani nuclear ship meets with \r\nan accident and such accident is likely to lead to environmental hazards, the master of the ship \r\nshall forth with give notice of the accident.–– \r\n \r\n(a)  to such officer or authority as may be specified in this behalf by the Federal \r\n \r\nPage 184 of 233 \r\n \r\n Government; and \r\n \r\n(b)  if the ship is in, or intends to enter, the territorial waters of a foreign State, also \r\nthe appropriate Government authority of the State. \r\n \r\n (2) Where a nuclear ship, other than a Pakistani ship, meets with an accident of the nature \r\nspecified in sub-section (1), while she is in the territorial waters of, or at a port, in Pakistan the \r\nmaster of the ship shall forthwith give notice of the accident to the officer or authority specified \r\nunder clause (a) of sub-section (1). \r\n \r\n (3) On receipt of a notice under sub-section (1) or sub-section (2), the officer or authority, \r\nspecified under clause (a) of sub-sections (1), shall issue such directions as may be deemed \r\nnecessary and expedient in the circumstances of the case and investigate into the causes of the \r\naccident in such manner as may be prescribed. \r\n \r\n (4) A copy of the directions issued under sub-section (3) and a report of the findings of the \r\ninvestigation shall be sent to the Federal Government within such time as may be prescribed. \r\n \r\n (5) Where a nuclear ship other than a Pakistani ship meets with an accident of the nature \r\nspecified in sub-section (1) at any port or place outside Pakistan and intends to enter the territorial \r\nwaters of Pakistan in a damaged condition, the master of such ship shall give notice of the nature of \r\nthe accident and the condition of the ship in such form as may be prescribed to the officer or \r\nauthority specified under clause (a) of sub-section (1) and shall comply with such directions as that \r\nofficer or authority may give. \r\n \r\n (6) If the master of a nuclear ship fails to give the notice required by sub-section (1) or (5) \r\nor fails to comply with any directions issued under such sub-sections he shall, for each offence, be \r\nliable to a fine which may extend to fifty thousand rupees. \r\n \r\n (7) The provisions of this section are in addition to and not in derogation of the provisions of \r\nPart XI of this Ordinance. \r\n \r\n 468. Application of certain section to or in relation to certain certificates under \r\nsection 462.––The provisions of section 263 to 266 (inclusive) shall, so far as may be, apply to and \r\nin relation to every certificate issued by the Federal Government under section 462 in the same \r\nmanner as they apply to and in relation to a certificate of survey. \r\n \r\n 469. Power to make rules.—(1) The Federal Government may, by notification in the official \r\nGazette, make rules for carrying out the purposes of this part. \r\n \r\n (2) In particular, and without prejudice to the generality of the foregoing power, such rules \r\nmay provide for all or any of the following matters namely:— \r\n \r\n(a)  the design construction and standards of inspection and assembly of the react- \r\nor installations of nuclear ships; \r\n \r\n(b)  the standards of safety of nuclear ships; \r\n \r\n(c)  the manner of survey of nuclear ships; \r\n \r\n \r\nPage 185 of 233 \r\n \r\n(d)  the forms in which certificates under this Part may be issued; \r\n \r\n(e)  the form and mariner in which the safety assessment and operating manual of \r\na nuclear ship are to be prepared, maintained and kept up to date and the \r\nparticulars to be contained therein; \r\n \r\n(f)  the form of notices under this Part and the time when such notices shall be \r\ngiven; \r\n \r\n(g)  the manner in which investigations may be made into causes of accidents to a \r\nnuclear ship; \r\n \r\n(h)  the special precautions to be taken against unreasonable radiation or other \r\nnuclear hazards to the crew, passengers and other persons, to waterways and to \r\nfood and water resources; \r\n \r\n(i)  the manner in which radio-active waste from nuclear ships is stowed posed of;  \r\n \r\n(j)  the manner in which the reactor fuelling defuelling and refuelling and \r\nmaintenance of nuclear ships are to be carried out; \r\n \r\n(k)  the special training for and qualifications of master, officers and seamen of \r\nnuclear ships; \r\n \r\n(l)  the special requirements relating to approach, entry into, stay in or departure \r\nfrom, a Pakistani port of a nuclear ship; \r\n \r\n(m) the procedure to be followed for determining the operational conditions of a \r\nnuclear ship; \r\n \r\n(n)  the protection and closure of the reactor installation of nuclear ships in the \r\ncase of a collision, grounding, fire, leakage of radio-active material or other \r\naccident; \r\n \r\n(o)  the fees to be charged for any inspection survey or certificate under this Part; \r\n and \r\n \r\n(p)  any other matter which has to be or may be prescribed. \r\n           ____________ \r\n \r\nPART XI.—INQUIRIES AND INVESTIGATIONS \r\n \r\nCHAPTER 35.—SHIPPING CASUALTIES \r\n \r\n 470. Shipping casualties and report thereof.—(1) For the purpose of inquiries and \r\ninvestigations under this Part, a shipping casualty shall be deemed to occur when- \r\n \r\n(a)  on or near the coasts of Pakistan including the territorial waters or in the \r\nPakistan exclusive zone thereof, any ship is lost, abandoned, stranded or \r\nmaterially damaged; \r\n \r\n \r\nPage 186 of 233 \r\n \r\n(b)  any ship causes loss or material damage to any other ship on or near such \r\ncoasts, or within such waters; \r\n \r\n(c)  any loss of life ensues by reason of any casualty happening to or on board any \r\nship on or near those coasts or within such waters; \r\n \r\n(d)  in any place, any such loss, abandonment, stranding, material damage or \r\ncasualty occurs to, or on board of, any Pakistani ship, and any competent wit- \r\nness thereof is found in Pakistan; or \r\n \r\n(e)  any Pakistani ship is lost or is supposed to have been lost, and any evidence is \r\nobtainable in Pakistan as to the circumstances under which she proceeded to \r\nsea or was last heard of. \r\n \r\n (2) In the cases mentioned in clauses (a), (b) and (c) of sub-section (1), the master, pilot, \r\nharbour master or other person in charge of the ship, or (where two or more ships are concerned) in \r\ncharge of each ship, at the time of shipping casualty, shall give immediate notice of the shipping \r\ncasualty to the officer appointed in this behalf by the Federal Government and if such offcer is not \r\nthe Principal Officer himself, he shall inform the nearest Principal Officer of the shipping casualty. \r\n \r\n (3) In the case mentioned in clause (d) of sub-section (1) where the master of the ship \r\nconcerned, or (except in the case of a loss) where the ship concerned proceeds to any place in \r\nPakistan from the place where the shipping casualty has occurred, the master of the ship shall, \r\non arriving in Pakistan, give immediate notice of the shipping casualty to the nearest Principal \r\nOfficer. \r\n \r\n (4) Any person bound to give notice under this section and wilfully failing to give the same \r\nshall be liable to a fine which may extend to ten thousand rupees. \r\n \r\n 471. Preliminary inquiry into shipping casualties.—(1) When ever any Principal Officer \r\nreceives, by notice as aforesaid or otherwise, credible information that a shipping casualty has \r\noccurred, he shall forthwith communicate in writing the information to the Federal Government and \r\nmay proceed to make a preliminary inquiry into the casualty. \r\n \r\n (2) Notwithstanding the provisions of sub-section (1) the Federal Government may appoint \r\nany person to hold a preliminary inquiry respecting any shipping casualty. \r\n \r\n (3) Any person, making an inquiry under this section, may— \r\n \r\n(a)  go on board any ship and inspect the same or any part thereof, or any of them \r\nmachinery, boats, equipment or articles on board thereof, to which the provi- \r\nsions of this ordinance apply, without unnecessarily detaining or delaying her \r\nfrom proceeding on any voyage; \r\n \r\n(b)  enter and inspect any premises the entry or inspection of which appears to him \r\nto be necessary for the purpose of the inquiry; \r\n \r\n(c)  by summons under his hand, require the attendance of all such persons as he \r\nthinks fit to call before him and examine for such purpose, and require answers \r\nor returns to any inquiries he thinks fit to make; \r\n \r\nPage 187 of 233 \r\n \r\n \r\n(d)  require and enforce the production of all books, papers or documents which \r\nhe considers important for such purpose; and \r\n \r\n(e)  administer oaths, or, in lieu of requiring or administering an oath, require any \r\nperson examined by him to make and subscribe a declaration of the truth of \r\nstatements made by him in his examination. \r\n \r\n (4) An Officer making a preliminary inquiry under this section shall send a report thereof to \r\nthe Federal Government or such authority as may be appointed for this purpose by the Federal \r\nGovernment. \r\n \r\n 472. Application to Court for a formal inquiry.—(1) Where in any case it appears to the \r\nFederal Government that an inquiry should be made respecting a shipping casualty, whether a \r\npreliminary inquiry under section 471 has been held or not, it may direct an officer to make an \r\napplication to a Court empowered under sub-section (2) to make a formal inquiry into such \r\ncasualty, and upon the making of such application the Court shall make such inquiry. \r\n \r\n (2) Magistrates of the first class specially empowered by the Federal Government shall \r\nhave jurisdiction to make inquiry into shipping casualties under this Chapter. \r\n \r\n (3) The Courts to make any such inquiry shall hold the same with the assistance of one or \r\nmore assessors of nautical, engineering, or other special skill or knowledge, to be appointed out of a \r\nlist of persons for the time being approved for the purpose by the Federal Government in such \r\nmanner as may be prescribed. \r\n \r\n (4) Where an inquiry involves or appears or is likely to involve any question as to the \r\ncancelling or suspension of the certificate of a master, mate, or engineer, the court shall hold the \r\ninquiry with the assistance of not less than two assessors having experience in the merchant service. \r\n \r\n 473. Power of Court to inquire into charges against masters, mates and engineers.—(1) \r\nA Court making an inquiry under section 472 may inquire into any charge of incompetency or \r\nmisconduct arising, in the course of the inquiry, against any master, mate or engineer, as also into \r\nany charge of a wrongful act or default on his part and causing the shipping casualty. \r\n \r\n (2) In every case in which any such charge, whether of incompetency or misconduct, or of a \r\nwrongful act or default, as aforesaid, arises against any master, mate or engineer, in the course of \r\nan inquiry, the Court shall, before the commencement of the inquiry, cause to be furnished to him \r\na statement of the case upon which the inquiry has been directed. \r\n \r\n 474. Person accused to be heard.––For the purpose of an inquiry by a Court under this \r\nChapter into any charge against a master, mate or engineer, the Court may summon him to appear, \r\nand shall give him full opportunity of snaking a defense either in person or otherwise. \r\n \r\n 475. Powers of Courts as to evidence and regulation of proceedings.––For the purpose of \r\nany inquiry under this Chapter, the Court making the inquiry, so far as relates to compelling the \r\nattendance and examination of witnesses and the production of documents and the regulations of \r\nthe proceedings, shall have the same powers as are exercisable by that Court in the exercise of its \r\ncriminal jurisdiction. \r\n \r\n \r\nPage 188 of 233 \r\n \r\n 476. Assessors.—(1) The list of persons approved by the Federal Government as \r\nassessors for the purpose of formal inquiry into shipping casualties shall remain in force for three \r\nyears only, but persons whose names are on any such list may be approved for any subsequent list. \r\n \r\n (2) The assessors shall attend during the inquiry and deliver their opinions in writing, to be \r\nrecorded on the proceedings, but the exercise of all powers conferred on the Court by this Chapter \r\nor any other law for the time being in force shall rest with the Court. \r\n \r\n (3) The Federal Government may amend the list so to add any name thereto or omit any \r\nname therefrom. \r\n \r\n 477. Power to arrest witnesses and enter ships, etc.—(1) If any Court making an inquiry \r\nunder this Chapter thinks it necessary for obtaining evidence that any person should be arrested, it \r\nmay issue a warrant for his arrest, and may, for the purpose of effecting the arrest, authorize any \r\nofficer, subject, nevertheless, to any general or special instructions from the Federal Government, to \r\nenter any vessel, and any officer so authorised may, for the purpose of enforcing the entry, call to his \r\naid any officer of police or Customs or any other person. \r\n \r\n (2) Where any officer of police, Customs or any other person is called under sub-section (1), \r\nit shall be the duty of such officer or person to render all such assistance as may be required by the \r\nCourt. \r\n \r\n 478. Power to commit for trial and bind over making the witnesses.––Whenever, in the \r\ncourse of any such inquiry, it appears that any person has committed within the jurisdiction of any \r\nCourt in Pakistan an offence punishable under any law in force in Pakistan, the Court making the \r\ninquiry may, subject to such rules consistent with this Ordinance as the High Court may, from \r\ntime to time, make, cause him to be arrested, or commit him, or hold him to bail, to take his trial \r\nbefore the proper Court, and may bind over any person to give evidence at the trial, and may, for \r\nthe purposes of this section exercise all its powers as a criminal court. \r\n \r\n 479. Report by Court to Federal Government.—(1) The Court shall, in the case of all \r\ninvestigations or inquiries under this Chapter, transmit to the Federal Government a full report of the \r\nconclusions at which it has arrived together with the evidence; and may make such \r\nrecommendations as it may deem fit in regard to the matters inquired into including a \r\nrecommendation for the cancellation or suspension of any certificate of competency. \r\n \r\n (2) Where the inquiry affects a master, mate or engineer of a ship other than a \r\nPakistani ship who holds a certificate under the law of a country other than Pakistan, the Federal \r\nGovernment may transmit a copy of the report together with the evidence to the proper \r\nauthority in that country. \r\n \r\n 480. Investigation into causes of explosion or fire on board ship, etc.—(1) Whenever any \r\nexplosion or fire occurs on board any ship on or near the coasts of Pakistan including the territorial \r\nwaters thereof or anywhere else on board any Pakistani ship, the Federal Government may direct \r\nthat an investigation into the causes of explosion or fire be made by such person or persons as it \r\nthinks fit. \r\n \r\n (2) The person or persons referred to in sub-section (1) may go on board the ship on which \r\nthe explosion or fire has occurred with all necessary workmen and labourers and remove any portion \r\nof the ship, or of the machinery thereof, for the purpose of investigation, and shall report to the \r\n \r\nPage 189 of 233 \r\n \r\nFederal Government or the person duly appointed by it, as the case may be, what in his, or their, \r\nopinion was the cause of the explosion or fire. \r\n \r\n 481. Power of Federal Government to direct inquiry into charges of incompeteney or \r\nmisconduct.—(1) If the Federal Government has reason to believe that there are grounds for \r\ncharging any master, mate or engineer with incompetency, misconduct, drunkenness or tyranny, \r\notherwise than in the course of an inquiry under section 472, the Federal Government— \r\n \r\n(a)  if the master, mate or engineer holds a certificate under this Ordinance, in any \r\ncase; and. \r\n \r\n(b)  if the master, mate or engineer holds a certificate under the law of a country \r\nother than Pakistan, in any case where the incompetency or misconduct has \r\noccurred on board a Pakistani ship, may transmit a statement of the case to any \r\nCourt having jurisdiction under section 472 which is at or nearest to the place, \r\nwhere it may be convenient for the parties and witnesses to attend, and direct \r\nthat Court to make an inquiry into that charge. \r\n \r\n (2) Notwithstanding the provisions of sub-section (1), the Federal Government may, where it \r\nconsiders expedient to do, appoint a person to make an inquiry if it has reason to believe that any \r\nmaster, mate or engineer is, due to incompetency or misconduct, unfit to discharge his duties, or \r\nthat, in the case of a collision, has failed to render such assistance or information as is required by \r\nsection 415 and transmit a statement of the case to such person. \r\n \r\n (3) Before commencing an inquiry under this section the Court or the person appointed under \r\nsub-section (2), shall cause the master, mate or engineer so charged to be furnished with a copy of \r\nthe statement transmitted by the Federal Government. \r\n \r\n (4) Where the inquiry is made by a person appointed under sub-section (2), that \r\nperson, for the purpose of the inquiry, shall have all such powers as are specified in sub-section (3) \r\nof section 471, and shall give a report of the case to the Federal Government: \r\n \r\nProvided that no such inquiry shall be made without giving the master, mate or \r\nengineer concerned an opportunity of making a representation. \r\n \r\n 482. Provisions of this Chapter to apply to certain other vessels.—The provisions of this \r\nChapter relating to inquiries shall, mutatis mutandis, apply to fishing vessels as they apply to any \r\nother ship, and the provisions of clause (b) of sub-section (1) and sub-section (2) of section 470 and \r\nsections 471 and 472 shall likewise apply to a ship belonging to the Pakistan Navy, or belonging to \r\nthe Navy of any other country, where the loss or material damage is caused by such ship, or where \r\nsuch ship is involved in a collision with any ship to which this Ordinance applies on or near the \r\ncoasts of Pakistan including the territorial waters thereof. \r\n_____________ \r\n \r\nCHAPTER 36.—MARITIME BOARDS \r\n \r\n483. Convening of Maritime Boards outside Pakistan. Whenever, outside Pakistan— \r\n \r\n(a)  a complaint is made to a Pakistan consular officer, or a senior officer of any \r\nship of the Pakistan Navy in the vicinity hereinafter referred to as “naval \r\n \r\nPage 190 of 233 \r\n \r\nofficer”, by the master or any member of the crew of a Pakistani ship, and \r\nsuch complaint appears to the Pakistan consular officer or naval officer, as the \r\ncase may be, to require immediate inquiry; or \r\n \r\n(b)  the interests of the-owner of a Pakistani ship or if the cargo thereof appears to \r\na Pakistan consular officer or naval officer, as the case may be, to require such \r\ninquiry; or \r\n \r\n(c)  an allegation of incompetency or misconduct is made to a Pakistan consular \r\nofficer of navel officer against the master, mate or an engineer of a Pakistani \r\nship; or \r\n \r\n(d)  any Pakistani ship is lost, abandoned or stranded at or near the place where a \r\nPakistan consular officer or a naval officer may be, or whenever the crew, or \r\npart of the crew, of any Pakistani ship which has been lost, abandoned or \r\nstranded arrives at that place; or \r\n \r\n(e)  any loss of life or any serious injury to any person occurred on board a \r\n Pakistani ship at or near that place. \r\n \r\nThe Pakistan consular officer or naval officer, as the case may be, may, in his discretion, convene a \r\nMaritime Board to inquire into the said complaint or allegation or the matter affecting the said \r\ninterest or the cause of the loss, abandonment or the stranding of the ship, or of the loss if life or of \r\nthe injury to the person. \r\n \r\n 484. Constitution and procedure of Maritime Board.—(1) A Maritime Board shall \r\nconsist of the officer convening the Board and two other members. \r\n \r\n (2) The two other members of the Maritime Board shall be appointed by the officer \r\nconvening the Maritime Board from among persons conversant with maritime or mercantile affairs. \r\n \r\n (3) The Officer convening the Maritime Board shall be the presiding officer thereof.  \r\n \r\n(4) A Maritime Board shall, subject to the provisions of this Ordinance, have power to \r\nregulate its own procedure. \r\n \r\n 485. Decisions of Maritime Boards to be by majority.––Where there is a difference of \r\nopinion among members of the Maritime Board, the decision of the majority of the members shall be \r\nthe decision of the Board. \r\n \r\n 486. Powers of Maritime Boards.—(1) While making an inquiry under this Chapter, a \r\nMaritime Board may exercise all or any of the powers specified in sub-section (3) of section 471, as \r\nmay be necessary in the circumstances of the case. \r\n \r\n(2) A Maritime Board may, after inquiring into and hearing the case— \r\n \r\n(a)  if it is of opinion that the safety of a Pakistani ship or her cargo or crew, or the \r\ninterest of the owner of a Pakistani ship or of the owner of the cargo requires \r\nit, remove the master and appoint another qualified person to act in his stead; \r\n \r\n \r\nPage 191 of 233 \r\n \r\n(b)  if it is of opinion that any master, mate or engineer of a Pakistani ship is \r\nincompetent or has been guilty of any act of misconduct; or in a case of col- \r\nlision has failed to render such assistance or information as is required by sec- \r\ntion 413 or that loss, abandonment or stranding of or serious damage to any \r\nship, or loss of life or serious injury to any person, has been caused by the \r\nwrongful act or default of any master, mate or engineer of a Pakistani ship, \r\nsuspend the certificate of that master, mate or engineer for a specified period: \r\n \r\n  Provided that no such certificate shall be suspended unless the master, \r\nmate or engineer concerned has been furnished with a statement of the case in \r\nrespect of which an inquiry has been ordered, and he has been given an \r\nopportunity of making a defence either in person or otherwise— \r\n \r\n(c)  discharge a seaman from a Pakistani ship and order the wages of any seaman \r\nso discharged or any part of those wages to be forfeited; \r\n \r\n(d)  decide any questions as to wages, fines or forfeitures arising between any of \r\nthe parties to the proceedings; \r\n \r\n(e)  direct that any or all of the costs incurred by the master or owner of a Pakistani \r\nship, or on the maintenance of a seaman or apprentice while in prison outside \r\nPakistan, shall be paid out of, and deducted from, the wages of that seaman or \r\napprentice, whether then or subsequently earned; \r\n \r\n(f)  if it considers such a step expedient, order a survey to be made of any \r\nPakistani ship which is subject of inquiry; and \r\n \r\n(g)  order the costs of proceedings before it, or any part of those costs, to be paid \r\nby any of the parties thereto, and may order any person making a frivolous or \r\nunjustified complaint to pay compensation for any loss or delay caused \r\nthereby; and any costs or compensation so ordered to be paid by any person \r\nshall be paid by that person accordingly, and may be recovered in the same \r\nmanner in which wages of seamen are recoverable, or may be deducted from \r\nthe wages due to that person. \r\n \r\n (3) All orders made by a Maritime Board shall, whenever practicable, be entered in the \r\nofficial log-book of the ship which is the subject of inquiry, or of the ship on board whereof the \r\ncasualty or occurrence or conduct inquired into took place, and be signed by the presiding officer of \r\nthe Board. \r\n \r\n (4) A Maritime Board shall, in the case of every inquiry under this Chapter, transmit to the \r\nFederal Government a full report of the conclusions at which it has arrived together with the \r\nevidence and any orders passed under this section. \r\n \r\n 487. Penalty for obstructing proceedings before Maritime Boards.––If any person \r\nwilfully and without due cause obstructs the conduct of any hearing or inquiry by any Maritime \r\nBoard he shall, for each offence, be liable to a fine which may extend to ten thousand rupees. \r\n \r\n \r\nPage 192 of 233 \r\n \r\n 488. Application of Chapter.––The provisions of this Chapter shall apply to all Pakistani \r\nships, whether registered or deemed to have been registered under this Ordinance, or not so \r\nregistered, and their owners, masters and crew. \r\n_____________ \r\n \r\nCHAPTER 37.––CANCELLATION AND SUSPENSION OF CERTIFICATES \r\n \r\n489. Power of Federal Government to cancel, suspend, etc. Certificates of master, mate \r\nor engineer.––Any certificate which has been granted by the Federal Government under this \r\nOrdinance to any master, mate or engineer may be cancelled, or for a specified period suspended, \r\nby the Federal Government in the following cases namely:— \r\n \r\n(a)  if, on receipt of a report under sub-section (4) of section 471 or under sub- \r\nsection (4) of section 481 the Federal Government considers cancellation or \r\nsuspension necessary; or \r\n \r\n(b)  if, on an inquiry made by any Court, tribunal or other authority for the time \r\nbeing authorised by the legislative authority in any country outside Pakistan, \r\nthe Court, tribunal or other authority reports that the master, mate or engineer \r\nis incompetent or has been guilty of any gross act of misconduct, drunkenness \r\nor tyranny, or in a case of collision has failed to render assistance, or to give \r\nsuch information as is referred to in section 415, or that the loss, stranding or \r\nabandonment of, or damage to, any ship or loss of life has been caused by his \r\nwrongful act or default; or \r\n \r\n(c)  if the master, mate or engineer is proved to have been convicted –– \r\n \r\n(i)  of any offence under this Ordinance or of any non-bailable offence \r\ncommitted under any other law for the time being in force in Pakistan; \r\nor \r\n \r\n(ii)  of an offence committed outside Pakistan, which if committed in \r\nPakistan, would be a non-bailable offence. \r\n \r\n 490. Delivery of cancelled or suspended certificates.—(1) A master, mate or engineer \r\nwhose certificate has been cancelled or suspended by the Federal Government, or has been \r\nsuspended by a Maritime Board, shall deliver his certificate— \r\n \r\n(a)  If suspended by a Maritime Board, to that Board on demand; \r\n \r\n(b)  if not so demanded, or it is cancelled or suspended by the Federal \r\nGovernment, to the Federal Government, or to such officer as the Federal \r\nGovernment may direct. \r\n \r\n (2) If a master, mate or engineer fails to comply with this section, he shall, for each offence, \r\nbe liable to a fine which may extend to five thousand rupees. \r\n \r\n 491. Effect of cancellation or suspension of certificate.—The cancellation or suspension of \r\na certificate by the Federal Government, or the suspension of a certificate by a Maritime Board, \r\nshall–– \r\n \r\nPage 193 of 233 \r\n \r\n \r\n(a)  if the certificate was issued under this Ordinance, be effective everywhere and \r\nin respect of all ships; and \r\n \r\n(b)  if the certificate was issued outside Pakistan, be effective— \r\n \r\n(i)  within Pakistan and the territorial waters of Pakistan in respect of all \r\nships; and \r\n \r\n(ii)  outside Pakistan, in respect of Pakistani ships only. \r\n \r\n 492. Suspended certificates not to be endorsed.––If the certificate of a master, mate or \r\nengineer is suspended under this Part by the Federal Government, or by a Maritime Board, no \r\nendorsement shall be made to that effect on the said certificate. \r\n \r\n 493. Power of Federal Government to cancel or suspend other certificates.—(1) \r\nNotwithstanding anything contained in this Ordinance, the Federal Government may after making an \r\ninquiry, cancel or suspend any certificate granted by it under this Ordinance, if, in its opinion, the \r\nholder is, or has become unfit to act in the grade for which the certificate was granted to him: \r\n \r\n Provided that no order under this section shall be passed by the Federal Government unless \r\nthe person concerned has been given an opportunity of making a representation against the order \r\nproposed. \r\n \r\n (2) The provisions of clause (b) of sub-section (1) and sub-section (2) of section 481 shall \r\napply to certificates cancelled or suspended under this section. \r\n \r\n 494. Re-hearing.—(1) The Federal Government may, either of its own motion or on receipt \r\nof an application from any person required by an order under section 486, 489 or section 493 in \r\nrespect of any case in which an inquiry has been made under this Part, order the case to be re-\r\nheard, either generally or as to any part thereof, by any person or persons, or by any Court, specially \r\nappointed or empowered for the purpose, and shall, in respect of each case, so order— \r\n \r\n(a)  if new and important evidence which could not be produced at the inquiry has \r\nbeen discovered; or \r\n \r\n(b)  if, for any other reason there has, in its opinion, been a miscarriage of justice. \r\n \r\n (2) An application under sub-section (1) shall be made in such form, within such time \r\nand on payment of such fees, and a case shall be re-heard in such manner as may be prescribed. \r\n \r\n (3) The provisions of sub-section (3) of 471, sections 474, 478 and 479 shall, so as far as \r\nmay be, apply to every case re-heard under this section as if the re-hearing were an inquiry referred \r\nto therein. \r\n \r\n 495. Power of Federal Government to revoke cancellation, etc.—(1) The Federal \r\nGovernment may, in any case ordered to be re-heard under section 494 on receipt of the report \r\nof re-hearing and in any case not so ordered, at any time, if it thinks the justice of the case so \r\nrequired,–– \r\n \r\n \r\nPage 194 of 233 \r\n \r\n           (a)    revoke any order of cancellation or suspension made by it under section 489 or \r\nset aside any order or suspension made by a Maritime Board under clause (b) of subsection (2) of \r\nsection 486; or \r\n \r\n           (b)    shorten or lengthen the period of suspension ordered by it under section 489 or \r\nby a Maritime Board; or \r\n \r\n    (c)    grant, without examination, a new certificate of the same or any lower grade in \r\nthe case of any certificate cancelled or suspended by it under section 489 or suspended by a \r\nMaritime Board under clause (b) of sub-section (2) of section 486 \r\n \r\n (2) A certificate granted under clause (c) of sub-section (1) shall have the same effect as if it \r\nhad been granted after examination. \r\n____________ \r\n \r\nCHAPTER 38.—COURTS OF SURVEY AND SCIENTIFIC REFEREES \r\n \r\n 496. Appeal to Court of Survey.—(1) If a surveyor, authorized to inspect a ship,–– \r\n \r\n(a)  makes a statement in his report of inspection with which the owner or his \r\nagent or the master of the ship is dissatisfied; or \r\n \r\n(b)  gives notice under this Ordinance of any defect in any ship; or \r\n \r\n(c)  declines to give any certificate under this Ordinance; the owner, master or \r\nagent, as the case may be, subject to the provisions of sub-section (2) and of \r\nsection 500, prefer appeal to a Court of Survey. \r\n \r\n (2) Whenever a surveyor inspects any ship, he shall, if the owner, master or agent of the \r\nship so requires, be accompanied on the inspection by some person nominated by the owner, master \r\nor agent, as the case may be, and if the person so nominated agrees with the surveyor as to the \r\nstatement made or the notice given by the suveyor or the refusal by the surveyor to give a \r\ncertificate, there shall be no appeal to a Court of Survey from that statement, notice or refusal. \r\n \r\n 497. Constitution of Court of Survey.—(1) A Court of Survey for a port shall consist \r\nof a Judge, sitting with two assessors. \r\n \r\n (2) The “Judge” shall be a District Judge, a Judge of Court of Small Causes, a Magistrate of \r\nthe first class or other fit person appointed in this behalf by the Federal Government either \r\ngenerally or for any specified case. \r\n \r\n  \r\n(3) The assessors shall be persons of nautical engineering or other special skill or experience. \r\n \r\n (4) Subject to the provisions of Part VI as regards ships, other than Pakistani ships, one of \r\nthe assessors shall be appointed by the Federal Government either generally or for any specified case \r\nand the other shall be summoned by the Judge, in the manner prescribed, out of a list of persons \r\nprepared by the Federal Government for the purpose from time to time, or, if there is no such list or \r\nif it is impracticable to procure the attendance of any person named in such list, shall be appointed by \r\nthe Judge. \r\n \r\n \r\nPage 195 of 233 \r\n \r\n 498. Powers and procedure of Court of Survey.—(1) The Judge shall, on receiving notice \r\nof an appeal or a reference from the Federal Government, immediately summon the assessors to \r\nmeet forthwith in the prescribed manner. \r\n \r\n (2) The Court of Survey shall hear every case in open Court. \r\n \r\n (3) The Judge and each assessor shall, for the purposes of this Ordinance, have the same \r\npowers of inspection, and of enforcing the attendance of witnesses and the production of evidence \r\nas are by this Ordinance conferred on a detaining officer. \r\n \r\n (4) The Judge may appoint any competent person to survey the ship and report thereon \r\nto the Court. \r\n \r\n (5) The Judge shall have the same powers as the Federal Government has to order the ship to \r\nbe released or finally detained; but unless one of the assessors concurs in an order for the detention \r\nof the ship, the ship shall be released. \r\n \r\n (6) The owner and master of the ship and any person appointed by the owner or master \r\nand also any person appointed by the Federal Government may attend any inspection or survey \r\nmade in pursuance of this section. \r\n \r\n (7) The Judge shall report the proceedings of the Court in each case to the Federal \r\nGovernment in the manner prescribed, and each assessor shall either sign such report or report \r\nto the Federal Government the reasons for his dissent. \r\n \r\n 499. Power to make rules.—(1) The Federal Government may, by notification in the \r\nofficial Gazette, make rules to carry out the purposes of the Chapter. \r\n \r\n (2) In particular, and without prejudice to the generality of the foregoing power, such rules \r\nmay provide for all or any of the following matters, namely :— \r\n \r\n(a)  the procedure before a Court of Survey; \r\n \r\n(b)  the requiring, on an appeal, of security for costs and damages; \r\n \r\n(c)  the amount and application of fees; and \r\n \r\n(d)  the ascertainment, in case of dispute, of the proper amount of costs. \r\n \r\n 500. Reference in difficult cases to scientific persons.—(1) If the Federal Government is of \r\nopinion that an appeal to a Court of Survey involves a question of construction or design or a \r\nscientific difficulty or important principle, it may refer the matter to such one or more out of a list of \r\nscientific referees to be from time to time prepared by the Federal Government as may appear to \r\npossess the special qualifications necessary for the particular case and may be selected by agreement \r\nbetween a person duly appointed by the Federal Government in this behalf and the appellant, or in \r\ndefault of any such agreement, by the Federal Government; and thereupon the appeal shall be \r\ndetermined by the referee or referees instead of by the Court of Survey. \r\n \r\n \r\nPage 196 of 233 \r\n \r\n (2) The Federal Government, if the appellant in any such appeal so requires and gives \r\nsecurity to its satisfaction to pay the costs of, and incidental to, the reference, shall refer such appeal \r\nto a referee or referees selected as aforesaid. \r\n \r\n (3) The referee or referees shall have the same powers as a Judge of the Court of \r\nSurvey. \r\n \r\nPART XII.— WRECK AND SALVAGE \r\n \r\nCHAPTER 39.—WRECK  \r\n \r\n 501. Receivers of wreck.—(1) The Federal Government may, by notification in the official \r\nGazette, appoint any person to be receiver of wreck (here in after referred to as the receiver) to \r\nreceive and take possession of wreck, and to perform such duties connected therewith as are \r\nhereinafter mentioned, within such local limits as may be specified in the notification. \r\n \r\n (2) A receiver may, by order in writing, direct that all or any of his functions under this \r\nPart shall, in such circumstances and subject to such conditions, if any, as may be specified in the \r\norder, be discharged by such person as may be so specified, and any person, while discharging any \r\nsuch functions shall be deemed to be a receiver for the purposes of this Ordinance. \r\n \r\n 502. Duty of receiver where vessel is in distress.—(1) Where any vessel is wrecked, \r\nstranded or in distress at any place on or near the coasts of Pakistan including the territorial waters \r\nthereof, the receiver within the limits of whose jurisdiction the place is situated shall, upon being \r\ninformed of the same, forthwith proceed there, and upon his arrival shall take command of all \r\npersons present and shall assign such duties and give such directions to each person as he thinks fit \r\nfor the preservation of the vessel and of the lives of persons belonging to the vessel and of its cargo \r\nand equipment: \r\n \r\n Provided that the receiver shall not interfere between the master and the crew of the vessel \r\nin reference to the management thereof unless he is requested to do so by the master. \r\n \r\n (2) If any person wilfully disobeys the directions of the receiver he shall be liable to a fine \r\nwhich may extend to five thousand rupees. \r\n \r\n 503. Power of receiver in case of vessel in distress.—(1) The receiver may, with a view \r\nto saving the ship wrecked persons, the vessel, cargo or equipment— \r\n \r\n(a)  require such persons as he thinks necessary to assist him; \r\n \r\n(b)  require the master of any vessel near at hand to give such aid with his men or \r\nvessel as may be in his power; and  \r\n \r\n(c)  demand the use of any vehicles or an aircraft that may be near at hand. \r\n \r\n (2) If any person refuses without reasonable cause to comply with any such requisition or \r\ndemand, he shall for each offence, be liable to a fine which may extend to ten thousand rupees. \r\n \r\n 504. Power to pass over adjoining lands and order removal of the wreck and \r\npenalties for non-compliance.—(1) Whenever a vessel is wrecked, stranded or in distress as \r\naforesaid, all persons may, for the purpose of rendering assistance to the vessel, or of saving the lives \r\n \r\nPage 197 of 233 \r\n \r\nof the ship wrecked persons, or of saving the cargo or equipment of the vessel, unless there is some \r\npublic road equally convenient, pass and re-pass either with or without vehicles or animals, over any \r\nadjoining lands without being subject to interruption by the owner or occupier, so that they do as \r\nlittle damage as possible, and may also, on the like condition, deposit on those lands any cargo or \r\nother article recovered from the vessel. \r\n \r\n (2) Any damage sustained by an owner or occupier in consequence of the exercise of the \r\nrights given by this section, shall be a charge on the vessel, cargo or articles in respect of or by \r\nwhich the damage is occasioned and the amount payable, in respect of the damage shall, in case \r\nof dispute, be determined, and shall, in default of payment, be recoverable, in accordance with the \r\nprovisions of section 165. \r\n \r\n (3) If the owner or occupier of any land— \r\n \r\n(a)  impedes or hinders any person in the exercise of the rights given by this \r\nsection by locking his gates, or refusing, upon request, to open the same, or \r\notherwise; or \r\n \r\n(b)  impedes or hinders the deposit of any cargo or other articles recovered from \r\nthe vessel as aforesaid on the land; or \r\n \r\n(c)  prevents or endeavors to prevent any such cargo or other article from \r\nremaining deposited on the land for a reasonable period until it can be \r\nremoved to a safe place of deposit; he shall, for each offence, be liable to a \r\nfine which may extend to ten thousand rupees. \r\n \r\n (4) Where— \r\n \r\n(a)  the receiver determines that salvaging a certain wreck, where due to its \r\nlocation, its salvage and or cleaning of pollution so caused by the wreck is a \r\nmust; is likely to cost more than the expected proceeds of the wreck, he may \r\norder removal of the wreck and cleaning of the pollution at the cost of the \r\nowners, insurers, underwriters and local agents as he may deemed fit; or \r\n \r\n(b)  a person, persons or a body corporate made responsible by the receiver of \r\nwrecks fails to comply with his orders under clause (a) they shall each be \r\npunishable with imprisonment which may extend to five years and fine not \r\nexceeding the amount likely to be incurred on removal of the wreck and \r\ncleaning of the pollution. \r\n \r\n 505. Power of receiver to suppress plunder and disorder by force.—(1) Whenever a \r\nvessel is wrecked, stranded or in distress as aforesaid, and any person plunders, creates disorder or \r\nobstructs the preservation of the vessel or of the shipwrecked persons or of the cargo or equipment of \r\nthe vessel, the receiver may take such steps and use such force as he may consider necessary for the \r\nsupression of any such plundering, disorder or obstruction, and may for that purpose command any \r\nperson to assist him. \r\n \r\n (2) If any person is killed, maimed or hurt by reason of his resisting the receiver or any \r\nperson acting under the orders of the receiver in the execution of his duties under this Chapter, \r\n \r\nPage 198 of 233 \r\n \r\nneither the receiver nor the person acting under his orders shall be liable to any punishment, or to \r\npay any damages by reason of the person being so killed, maimed or hurt. \r\n \r\n 506. Procedure to be observed by persons finding wreck.—(1) Any person finding and \r\ntaking possession of any wreck within any local limits for which a receiver has been so appointed, or \r\nbringing within such limits any wreck which has been found and taken possession of elsewhere, \r\nshall, as soon as practicable,— \r\n \r\n(a)  if he be the owner thereof, give the receiver notice in writing of the finding \r\nthereof and of the marks by which such wreck is distinguished; and \r\n \r\n(b)  if he be not the owner of such wreck, deliver the same to the receiver of \r\nwreck. \r\n \r\n (2) Any person who omitting to give notice of the finding of, or to deliver, any wreck to the \r\nreceiver as required by sub-section (1) shall be liable to a fine which may extend to ten thousand \r\nrupees and, in the case of omission to deliver any wreck, shall, in addition to such fine, forfeit all \r\nclaim to salvage, and pay to the owner of such wreck if the same is claimed, or if the same is \r\nunclaimed, to the Federal Government, a penalty not exceeding twice the value of such wreck. \r\n \r\n 507. Investigation of certain matters in respect of vessels wrecked.—(1) Whenever any \r\nvessel is wrecked, stranded or in distress as aforesaid, the receiver within the local limits of whose \r\njurisdiction the vessel is wrecked, stranded or in distress may conduct an investigation into all or any \r\nof the following matters, namely:— \r\n \r\n(a)  the name and description of the vessel; \r\n \r\n(b)  the names of the masters and of the owners of the vessel; \r\n \r\n(c)  the names of the owners of the cargo; \r\n \r\n(d)  the ports from and to, which the vessel was bound; \r\n \r\n(e)  the occasion of wrecking, stranding or distress of the vessel; \r\n \r\n(f)  the services rendered; and \r\n \r\n(g)  such other matters or circumstances relating to the vessel, the cargo or the \r\nequipment, as the receiver thinks necessary. \r\n \r\n (2) The receiver making an investigation under this section shall have such powers as are \r\nspecified in sub-section (3) of section 471. \r\n \r\n (3) A record shall be kept of the investigation made, and the receiver shall send a report \r\nto the Federal Government immediately the investigation is concluded. \r\n \r\n 508. Penalty for taking wreck at time of casualty.—(1) Where a vessel is wrecked, \r\nstranded, or in distress at any place on or near the coasts of Pakistan including the territorial waters \r\nthereof, any cargo or other articles belonging to or separated from the vessel, which may be washed \r\non shore or otherwise post or taken from the vessel shall be delivered to the receiver. \r\n \r\nPage 199 of 233 \r\n \r\n \r\n (2) If any person, whether the owner or not, secrets or keeps possession of any such cargo or \r\narticle, or refuses to deliver the same to the receiver, or any person authorized by him to demand \r\nthe same, he shall, for each offence, be liable to a fine which may extend to ten thousand rupees. \r\n \r\n (3) The receiver or any person authorized as aforesaid, may take any such cargo or articles \r\nby force from the person so refusing to deliver the same. \r\n \r\n 509. Taking wreck to foreign port.––If any person takes into any foreign port any vessel, \r\nstranded, derelict, or otherwise in distress, found on or near the coasts of Pakistan including the \r\nterritorial waters thereof, or any part of the cargo or equipment of the vessel, or anything belonging \r\nthereto, or any wreck found within those limits, without the permission in writing of the Federal \r\nGovernment, he shall be liable to a fine which may extend to five hundred thousand rupees. \r\n \r\n 510. Notice to be given by receiver.––The receiver shall, as soon as may be, after \r\ntaking possession of any wreck, publish a notification in such manner and at such place as the \r\nFederal Government may, by general or special order, direct, containing a description of the wreck \r\nand the time at which and the place where the same was found. \r\n \r\n 511. Wrecks may in certain cases be sold.—(1) If, after publication of such notification \r\nor notice the wreck is unclaimed or if the person claiming the same fails to pay the amount due for \r\nsalvage and for charges incurred by the receiver in respect thereof, the receiver may sell such \r\nwreck in his custody by public auction, if of a perishable nature, forthwith, and if not of a perishable \r\nnature, at any period not less than two months after such notification or notice as aforesaid. \r\n \r\n (2) Irrespective of the fact whether a casualty on Pakistan coasts and in navigable channels \r\nhas been declared a wreck or not; if it poses a danger to navigation, the receiver shall cause the \r\nowners, agents or underwriters to immediately mark such casualty in a prescribed manner at their \r\nown cost and shall also bear all costs of transmission of the information regarding the danger so \r\nposed to navigation. \r\n \r\n (3) Such casualties or wrecks which in any way impede safe navigation, anchorage or \r\nfishing, so determined; shall be caused to be removed within six months of their taking place \r\nat the cost of the owners, agents or underwriters of the casualty or wreck; the Federal Government, \r\nor a person duly authorised by it in this behalf, shall have the right to confiscate other vessels and \r\nproperties of the owners, agents or underwriters to meet the costs of removal of the casualty or \r\nwreck and in addition to collect suitable fine as may be determined by the Federal Government if \r\nremoval is delayed beyond the specified time. \r\n \r\n (4) Damage caused to other craft, property or personnel due to presence of the casualty or \r\nwreck itself; shall be the responsibility of the owners, agents or underwriters of the initial casualty \r\nor wreck, unless it is proved to the satisfaction of the Federal Government that all possible care had \r\nbeen exercised to avoid such damage. \r\n \r\n 512. Proceeds how applied.––The proceeds of such sale as referred to in section 511, shall, \r\nafter defraying all expenses thereof including salvage charges, be held by the receiver for the same \r\npurposes arid subject to the same claims, rights and liabilities as set out hereinafter in this Ordinance. \r\n \r\n 513. Removal of wreck by harbour or conservancy authority.—(1) Where any vessel \r\nis sunk, stranded, or abandoned in any harbour or tidal water under the control of a harbour or \r\n \r\nPage 200 of 233 \r\n \r\nconservancy authority, or in or near any approach thereto, in such manner, is in the opinion of the \r\nauthority, to be, or likely to become, an obstruction or danger to navigation or threat to environment \r\nand marine life that authority may— \r\n \r\n(a)  take possession of, and raise, remove, or destroy the whole or any part of the \r\nvessel; \r\n \r\n(b)  light or mark or buoy any such vessel or part until the raising, removal, or \r\ndestruction thereof; \r\n \r\n(c)  give information to masters and agents of ships entering, moving within or \r\nleaving the port; and \r\n \r\n(d)  sell, in such manner as it thinks fit, any vessel or part so raised, and also any \r\nother property, recovered by it, in the course of exercise of its powers under \r\nthis section, and out of the proceeds of the sale reimburse itself for the \r\nexpenses incurred by it in relation thereto and hold the surplus, if any, of the \r\nproceeds in trust for the persons entitled thereto. \r\n \r\n Provided that a sale shall not, except in the case of property which is of a \r\nperishable nature or which would deteriorate in value by delay, be made under \r\nthis section until at least seven clear days’ notice of the intended sale has been \r\ngiven by advertisement in some newspaper circulating in or near the area over \r\nwhich the authority has control: \r\n \r\nProvided further that, at any time before any property is sold under this \r\nsection, the owner thereof shall be entitled to have the same delivered to him \r\non payment to the authority of the fair market value thereof, to be ascertained \r\nby agreement between the authority and the owner, or failing agreement by \r\nsome person to be named for the purpose by the Federal Government whose \r\ndecision in this regard shall be final and the sum paid to the authority as the \r\nvalue of any property under this proviso shall for the purposes of this section, \r\nbe deemed to be the proceeds of sale of that property. \r\n \r\n (2) Where any vessel is sunk, stranded or abandoned in the territorial waters or exclusive \r\neconomic zone beyond the harbour limits, the Federal Government may, if it is of the opinion that \r\nthe vessel may cause an obstruction or danger to navigation or a threat to environment and or \r\nmarine life, take measures specified in sub-section (1). \r\n \r\n 514. Claims of owners to wrecks.—(1) The owner of any wreck in the possession of the \r\nreceiver upon establishing his claim to the same to the satisfaction of the receiver within six \r\nmonths from the time at which the wreck came into the possession of the receiver shall, upon paying \r\nthe salvage and other charges be entitled to have the wreck, if not sold, or the balance of the \r\nproceeds thereof if sold, delivered to him. \r\n \r\n (2) Where any articles belonging to or forming part of a vessel other than a Pakistani ship \r\nwhich has been wrecked or belonging to and forming part of the cargo of such vessel are found on or \r\nnear the coasts of Pakistan or are brought into any port or place in Pakistan, the consular officer of \r\nthe country in which the vessel is registered or, in the case of cargo, the country to which the \r\nowners of the cargo may have belonged shall, in the absence of the owner and of the master or \r\n \r\nPage 201 of 233 \r\n \r\nother agent of the owner, be deemed to be the agent of the owner, with respect to the custody and \r\ndisposal of the articles. \r\n \r\n (3) Where the owner of the wreck does not appear and claim the balance of the proceeds of \r\nsale within six months from the date of sale, the said balance shall vest in the Federal Government. \r\n \r\n 515. Interfering with wrecked vessel or wreck.—(1) A person shall not, without the leave \r\nof the master, board or endeavour to board any vessel which is wrecked, stranded, or in distress, \r\nunless that person is, or acts by command of, the receiver or a person lawfully acting as such and, if \r\nhe does so, shall be liable to be removed from the vessel or repelled by the master of the vessel by \r\nforce. \r\n \r\n (2) No person shall— \r\n \r\n(a)  impede or hinder, or endeavour in any way to impede or hinder, the saving of \r\nany vessel stranded or in danger of being stranded, or otherwise in distress on \r\nor near the coasts of Pakistan including the territorial waters thereof, or of any \r\npart of the cargo or equipment of the vessel, or of any wreck; \r\n \r\n(b)  secret any wreck, or deface or obliterate any marks thereon; or \r\n \r\n(c)  wrongfully carry away or remove any part of a vessel stranded or in danger of \r\nbeing stranded, or otherwise in distress, on or near such coasts or within those \r\nwaters, or any part or the cargo of equipment of the vessel, or any wreck. \r\n \r\n (3) if any person acts in contravention of this section, he shall, for each offence, be liable to \r\na fine which may extend to ten thousand rupees in addition to any other punishment to which he \r\nmay otherwise be liable. \r\n \r\n 516. Search warrants where wreck is concealed.––Where a receiver suspects or receives \r\ninformation that any wreck is secreted or is in the possession of some person who is not the owner \r\nthereof, or that any wreck is otherwise improperly dealt with, he may apply to the nearest Magistrate \r\nfor a search warrant, and that Magistrate shall grant such warrant and the receiver, by virtue thereof, \r\nmay enter any house or other place wherever situated and also any vessel and search for, seize and \r\ndetain any such wreck there found. \r\n \r\n 517. Right of Federal Government to unclaimed wreck.––The unclaimed wreck \r\nfound anywhere in Pakistan, except where it has, by law, been granted to any other person, shall \r\nvest in the Federal Government. \r\n \r\n 518. Notice of unclaimed wreck to be given to persons entitled.—(1) Where any person \r\nis entitled for his own use to unclaimed wreck found in any place within the jurisdiction of a receiver, \r\nhe shall deliver to the receiver a statement containing the particulars of his title, and an address to \r\nwhich notices may be sent. \r\n \r\n (2) When a statement has been so delivered and the title proved to the satisfaction of the \r\nreceiver, the receiver shall, on taking possession of any wreck found in a place to which the \r\nstatement refers, send, within forty-eight hours, at the address delivered a description of the wreck \r\nand any marks by which it is distinguished. \r\n \r\n \r\nPage 202 of 233 \r\n \r\n 519. Disposal of unclaimed wreck.––Where no owner establishes a claim to any wreck \r\nfound in Pakistan and in the possession of a receiver, within six months after it came into his \r\npossession, the wreck shall be dealt with as follows, that is to say: \r\n \r\n(a)  if the wreck is unclaimed by any person who has delivered a statement under \r\nsection 518 to the receiver and has proved to the satisfaction of the receiver his \r\ntitle to receive unclaimed wreck found in the place where that wreck was \r\nfound, the wreck, after payment of all expenses, costs, fees, and salvage due in \r\nrespect thereof, shall be delivered to him; or \r\n \r\n(b)  if the wreck is not claimed by any such person as aforesaid, the receiver shall \r\nsell the same and shall pay to the Federal Government the proceeds of the sale, \r\nafter deduction therefrom the expenses of the sale, and any other expenses \r\nincurred by him, and his fees, and paying there out to the salvors such amount \r\nof salvage as the Federal Government may, in each case, or by any general \r\nrules, determine. \r\n \r\n 520. Disputed title to unclaimed wreck.—(1) where any dispute arises between any person \r\nwho has delivered a statement under section 518 and the receiver respecting title to wreck found in \r\nany place, or where more persons than one claim title to that wreck and a dispute arises between \r\nthem as to that title, that dispute may be referred and determined in the same manner as if it were a \r\ndispute as to the salvage to be determined summarily under this Part. \r\n \r\n (2) If any party to the dispute is unwilling to have the same so referred, or, where it is so \r\nreferred, is dissatisfied with the decision, he may, within three months after the expiration of a year \r\nfrom the time when the wreck has come into the receiver’s hands, or from the date of the decision, \r\nas the case may be, institute proceedings in any Court having jurisdiction in the matter for \r\nestablishing his title. \r\n \r\n 521. Delivery of unclaimed wreck by receivers not to prejudice title.–– Upon delivery of \r\nwreck or payment of the proceeds of sale of wreck by a receiver in pursuance of the provisions of \r\nthis Chapter, the receiver shall be discharged from all liability in respect thereof, but the delivery \r\nshall not prejudice or affect any question which may be raised by third parties concerning the right \r\nor title to the wreck, or concerning the title to the place on which the wreck was found. \r\n \r\n 522. Duty to report wreck.—(1) The master of s ship present in Pakistan territorial waters \r\nshall immediately report to the nearest port authority any wreck of which he has knowledge and \r\nwhich has not been marked on a nautical chart. \r\n \r\n (2) The provisions of sub-section (1) shall apply also to the operator of a platform in \r\nPakistan territorial waters or the Pakistan exclusive economic zone. \r\n \r\n 523. Liability for damage to waterways or related water areas structure.––The owner of \r\ns ship shall be liable for any damage caused by the ship to waterways or related water areas, \r\nstructures, except if and to the extent that the owner proves that the damage— \r\n \r\n(a)  resulted from force majeure; \r\n \r\n(b)  was caused by the gross negligence or actions done with intent to cause \r\ndamage on behalf of any authority responsible for the establishment or \r\n \r\nPage 203 of 233 \r\n \r\nmaintenance of lights or other navigational aids in the exercise of that \r\nfunction; or \r\n \r\n(c)  was caused by gross negligence, or actions, done with intent to cause damage, \r\nof a pilot or vessel traffic service personnel in the exercise of their functions. \r\n \r\n 524. Liability for reasonable costs.—(1) The owner of a ship involved in a  maritime \r\ncasualty shall be wholly or partly liable for the reasonable costs of removal of wreck pursuant to \r\nsection 513 and salvage measures taken under sections 517 and 518 except if and to the extent that \r\nthe owner proves that the casualty was caused by gross negligence or actions done with intent to \r\ncause damage by or on behalf of any government authority in performance of its functions. \r\n \r\n (2) Reasonable costs for wreck removal measures shall include the reasonable costs made for \r\nnotification and publication of the wreck’s position, and the reasonable costs for removal lighting, \r\nmarking, buoying, guarding and transporting the wreck. \r\n \r\n 525. Unseaworthy ships brought to Pakistani water without prior permission.––If any \r\nship or craft, which in the opinion of the Federal Government is unseaworthy as regards her hull, \r\npropelling machinery, rig, equipment, manning, life saving and fire fighting appliances, etc., and is \r\nbrought to Pakistani waters or Pakistani port approaches without prior permission and conditions; the \r\nFederal Government may order removal of the same as in case of a wreck in clause (a) of sub-section \r\n(4) of section 504 and in case of non-compliance deal with the same as in case of a wreck under \r\nclause (b) of sub-section (4) thereof or confiscate the ship or craft in favour of the Federal \r\nGovernment or if it deems fit impose any or both the punishments. \r\n_____________ \r\n \r\nCHAPTER 40.—SALVAGE \r\n \r\n 526. Salvage payable for saving life, cargo or wreck.—(1) Where services are \r\nrendered— \r\n \r\n(a)  wholly or in part within the territorial waters of Pakistan in saving life from \r\nany vessel or, elsewhere in saving life from a vessel registered in Pakistan; or \r\n \r\n(b)  in assisting a vessel or saving the cargo or equipment of a vessel which is \r\nwrecked, stranded or in distress at any place on or near the coasts of Pakistan \r\nincluding the territorial waters thereof; or \r\n \r\n(c)  by any person other than the receiver in saving any wreck; there shall be \r\npayable to the salvor by the owner of the vessel, cargo, equipment or wreck, a \r\nreasonable sum for salvage having regard to all the circumstances of the case. \r\n \r\n (2) Salvage in respect of the preservation of life when payable by the owner of the vessel \r\nshall be payable in priority to all other claims for salvage. \r\n \r\n (3) Where services have been rendered for the purpose of containing or abating \r\npollution, the salvor shall be entitled to recover reasonable compensation from the owner or, as the \r\ncase may be, the charterer or the operator of the vessel. \r\n \r\n \r\nPage 204 of 233 \r\n \r\n (4) Where salvage services are rendered by or on behalf of the Government or by a vessel of \r\nthe Pakistan Navy, Maritime Security Agency or the commander or crew of any such vessel, the \r\nGovernment, the commander or the crew, as the case may be, shall be entitled to compensation \r\nand shall have the same rights and remedies in respect of those services as any other salvor. \r\n \r\n (5) Any dispute arising concerning the amount under this section hall be determined upon \r\napplication made by either of the parties to the dispute— \r\n \r\n(a)  to the District Judge, where the amount claimed does not exceed twenty-five \r\nthousand rupees; or \r\n \r\n(b)  to the High Court, where the amount claimed exceeds twenty-five thousand \r\nrupees. \r\n \r\n (6) Where there is any dispute as to the persons who are entitled to the salvage \r\namount under this section, the District Judge or the High Court, as the case may be, shall decide the \r\ndispute, and if there are more persons than one entitled to such amount, the District Judge or the \r\nHigh Court shall apportion the amount thereof among such persons. \r\n \r\n (7) The costs of, and incidental to, all proceedings before the District Judge or the High \r\nCourt under this section shall be in the discretion of the District Judge or the High Court, and \r\nthe District Judge or the High Court shall have full powers to determine by whom or out of what \r\nproperty and to what extent such costs are to be paid and to give all necessary directions for the \r\npurpose aforesaid. \r\n \r\n 527. Savings. Nothing in this Part shall— \r\n \r\n(a)  affect any treaty or arrangement with any foreign country to which Pakistan is \r\na party with reference to the disposal of the proceeds of wrecks on their \r\nrespective coasts; or \r\n \r\n(b)  affect the provisions of section 29 of the Ports Act, 1908 (XV of 1908), or \r\nentitle any person to salvage in respect of any property recovered by creeping \r\nor sweeping in contravention of that section. \r\n \r\n 528. Instructions to prevent harmful consequences.—(1) When the measures taken by the \r\nmaster or the owner of a ship which is involved in a maritime casualty do not sufficiently prevent, \r\nmitigate or eliminate the harmful consequences of the maritime casualty, the Federal Government \r\nmay for that purpose give instructions to the owner or charterer or operator, as the case may be, and \r\nthe persons rendering assistance, requiring— \r\n \r\n(a)  the presence of the ship and its cargo in a particular place or area; \r\n \r\n(b)  the ship and its cargo to move a particular place or area; \r\n \r\n(c)  assistance to be rendered to the ship or its cargo; and \r\n \r\n(d)  grounding of the ship in a particular location; \r\n \r\n \r\nPage 205 of 233 \r\n \r\n 529. Measures to prevent harmful consequences.—(1) If in the opinion of the \r\nFederal Government, the instructions do not result in sufficient prevention, mitigation or elimination \r\nof the harmful consequences of the maritime casualty, the Federal Government may direct–– \r\n \r\n(a)  taking of measures relating to the matters specified in section 528; \r\n \r\n(b)  taking over control of the ship; and \r\n \r\n(c)  removing, sinking or destroying the ship as well as eliminating, removing, \r\njettisoning, sinking or destroying its cargo. \r\n \r\n (2) In respect of a ship which has been stranded, sunk or been grounded in or near a route or \r\nroad stead or in or on a pier or other coastal public water works, the Federal Government may only \r\ntake the measures provided in section 513 unless the stranding, sinking or grounding was a \r\nconsequence of measures taken pursuant to section 528. \r\n \r\n 530. Proportionality of instructions and measures.––The Federal Government shall ensure \r\nthat instructions issued and measures taken pursuant to sections 528 and 529 are— \r\n \r\n(a)  proportionate to the actual or threatened damage, taking into account— \r\n \r\n(i)  the extent and probability of imminent damage if those measures are \r\nnot taken; \r\n \r\n(ii)  the likelihood of those measures being effective; and \r\n \r\n(iii) the extent of damage which may be caused by such measures; \r\n \r\n(b)  reasonably necessary to achieve sufficient prevention, mitigation or \r\nelimination of the harmful consequences of the maritime casualty; and \r\n \r\n(c)  not unnecessarily in conflict with the rights and interests of a flag State, other \r\n States and of any natural or juristic persons. \r\n \r\n 531. Consultation.—(1) Except in cases of extreme urgency requiring immediate action, \r\nthe Federal Government shall consult the flag State and the owner, or as the case may be, the \r\ncharterer or operator of the ship prior to giving instructions or taking measures in respect of a foreign \r\nship. \r\n \r\n (2) Prior to taking measures in respect of a ship present in the exclusive economic zone \r\nof another coastal State, the Federal Government shall consult the competent authorities of that State. \r\n \r\n 532. Duty to co-operate.––The master and the owner of the ship and the persons rendering \r\nassistance shall carry out instructions issued pursuant to section 528 and shall co-operate with \r\nmeasures taken pursuant to section 529. \r\n \r\n 533. Power to make rules respecting wreck and salvage.—(1) The Federal Government \r\nmay, by notification in the official Gazette, make rules for carrying out the purposes of this \r\nPart. \r\n \r\n \r\nPage 206 of 233 \r\n \r\n (2) In particular, and without prejudice to the generality of the foregoing power, such rules \r\nmay provide for all or any of the following matters, namely:— \r\n \r\n(a)  the procedure to be followed by a receiver of wreck in respect of the taking \r\npossession of wrecks and their disposal ; \r\n \r\n(b)  the fees payable to receiver of wreck in respect of the work done by him ; \r\n \r\n(c)  the procedure to be followed for dealing with claims relating to ownership of \r\nwrecks ; \r\n \r\n(d)  the appointment of values in salvage cases ; \r\n \r\n(e)  the principles to be followed in awarding salvage and the apportioning of sal- \r\nvage; having regards to the international practices ; \r\n \r\n(f)  the procedure to be followed for dealing with claims for salvage ; \r\n \r\n(g)  the detention of property in the custody of a receiver of wreck for the purpose \r\nof enforcing payment of salvage; \r\n \r\n(h)  any other matter which is to be or may be prescribed. \r\n         ____________ \r\n \r\nPART XIII.—LIABILITY OF SHIPOWNERS \r\n \r\n \r\n CHAPTER 41.—LIMITATION OF LIABILITY OF SHIPOWNERS \r\n \r\n 534. Scope.—(1) This Chapter shall apply whenever any person referred to in section 535 \r\nseeks to limit his liability before a court in Pakistan or seeks to procure the release of a ship or \r\nother property or the discharge of any security given in Pakistan. \r\n \r\n (2) Subject to sub-section (3), this chapter shall not apply to— \r\n \r\n(a)  ships constructed for or adapted to and engaged in drilling at sea ; \r\n \r\n(b)  floating platforms constructed for the purpose of exploring or exploiting the \r\nnatural resources of the sea bed or its subsoil ; and \r\n \r\n(c)  air-cushioned vehicles. \r\n \r\n (3) The Federal Government may, by notification in the official Gazette, apply any or all the \r\nprovisions of this Chapter to any ship, platform or vehicle referred to in sub-section (2) and fix limits \r\nof liability the ships which may deviate from the limits set for other ships under this chapter. \r\n \r\n 535. Persons entitled to limit liability.—(1) Ship owners and salvors may limit their \r\nliability in accordance with the provisions of this chapter in relation to claims which are set out in \r\nsection 536. \r\n \r\n Explanation.—For the purposes of sub-section (1)— \r\n \r\n \r\nPage 207 of 233 \r\n \r\n(a)  “ship owner” means the owner and includes the charterer, manager and \r\noperator of any ship ; and \r\n \r\n(b)  “salvor” means any person rendering services in direct connection with \r\nsalvage operations. \r\n \r\n (2) If any claims set out in section 537 are made against any person for whose act, neglect or \r\ndefault the ship owner or salvor is responsible, such person shall be entitled to avail himself of \r\nthe limitation of liability provided for in this chapter. \r\n \r\n (3) In this chapter the liability of a ship owner shall include liability in action brought against \r\nthe ship herself. \r\n \r\n (4) An insurer of liability for claims which are subject to limitation in accordance with the \r\nrules made under this Chapter shall be entitled to the benefits of this Chapter to the same extent as \r\nthe assured himself. \r\n \r\n (5) The act of invoking limitation of liability shall not constitute an admission of liability. \r\n \r\n 536. Claims subject to limitation.—(1) Subject to sections 537 and 538, thefollowing  \r\nclaims, whatever the basis of liability may be, shall be subject to limitation of liability, namely : \r\n— \r\n \r\n(a)  claims in respect of loss of life or personal injury or loss of, or damage to, \r\nproperty, including damage to harbour works, basins and waterways and aids \r\nto navigation, occurring on board or in direct connection with the operation of \r\nthe ship or with salvage operations and consequential loss resulting \r\ntherefrom; \r\n \r\n(b)  claims in respect of loss resulting from delay in the carriage by sea of cargo, \r\npassengers or their luggage ; \r\n \r\n(c)  claims in respect of other loss resulting from infringement of rights other than \r\ncontractual rights, occurring in direct connection with the operation of the ship \r\nor salvage operations ; and \r\n \r\n(d)  claims of a person other than the person liable in respect of measures taken in \r\norder to avert or minimise loss for which the person liable may limit his \r\nliability in accordance with this Chapter, and further loss caused by such \r\nmeasures. \r\n \r\n (2) Claims set out in sub-section (1), except in clause (d) thereof, shall be subject to limitation \r\nof liability even if brought by way of recourse or for indemnity under a contract or otherwise, or by \r\nway of a direct action against the insurer, if any, of the person liable in respect of the claim. \r\n \r\n 537. Claims excepted from limitation.—(1) The provisions of this chapter shall not apply \r\nto— \r\n \r\n(a)  claims for salvage or contribution in general average ; \r\n \r\n \r\nPage 208 of 233 \r\n \r\n(b)  claims for oil pollution damage ; \r\n \r\n(c)  claims subject to any international convention or any Pakistan law governing \r\nor prohibiting limitation of liability for nuclear damage ; \r\n \r\n(d)  claims against the ship owner of a nuclear ship for nuclear damage ; \r\n \r\n(e)  claims by a servant of the ship owner or salvor whose duties are connected \r\nwith the ship or salvage operations, including claims of their heirs, dependants \r\nor other persons entitled to make such claims; if the contract of service \r\nbetween the ship owner or salvor and such servants is governed by Pakistan \r\nlaw or, in case Pakistan law is not applicable, if under the applicable law the \r\nship owner or salvor is not entitled to limit his liability in respect of such \r\nclaims, or if he is by such law only permitted to limit his liability to an amount \r\ngreater than that provided for under section 541 ; \r\n \r\n(f)  claims in respect of the raising, removal, destruction or the rendering harmless \r\nof a ship which is sunk, wrecked, stranded or abandoned including anything \r\nthat is or has been on board such ship; and \r\n \r\n(g)  claims in respect of the removal, destruction or the rendering harmless of the \r\ncargo of the ship. \r\n \r\n 538. Conduct barring limitation.––A person liable shall not be entitled to limit his liability \r\nif it is proved that the loss resulted from his personal act, or omission, committed with intent to \r\ncause such loss recklessly and with knowledge that such loss would probably result. \r\n \r\n 539. Counter-claims.––Where a person entitled to limitation of liability under this chapter \r\nhas a claim against the claimant arising out of the same occurrence, their respective claims shall be \r\nset off against each other and the provisions of this chapter shall only apply to the balance, if any. \r\n \r\n 540. Applications of the limits.––The limits of liability determined in accordance with \r\nsections 541 and 542 shall apply to Pakistani and foreign ships. \r\n \r\n 541. General limits of liability.—(1) The limits of liability for claims other than those \r\nmentioned in section 542, arising on any distinct occasion, shall be calculated as follows— \r\n \r\n(a)  in respect of claims for loss of life or personal injury— \r\n \r\n(i)  333,000 units of account for a ship with a tonnage not exceeding 500 \r\ntons; \r\n \r\n(ii)  for a ship with a tonnage in excess thereof, the following amount in \r\naddition to that mentioned in sub-clause (i) — \r\n \r\n \r\n for each ton from 501 to 3,000 tons, 500 units of account ; \r\nfor each ton from 3,001 to 30,000 tons, 333 units of account ; \r\nfor each ton from 30,001 to 70,000 tons 250 units of account; and  \r\nfor each ton in excess of 70,000 tons, 167 units of account; and \r\n \r\nPage 209 of 233 \r\n \r\n \r\n(b)  in respect of any other claims— \r\n \r\n(i)  167,000 units of account for a ship with a tonnage not exceeding 500 \r\ntons; and \r\n \r\n(ii)  for a ship with a tonnage in excess thereof the following amount in \r\naddition to that mentioned in sub-clause (i) — \r\n \r\n \r\n for each ton from 501 to 30,000 tons, 167 units of account ;  \r\nfor each ton from 30,001 to 70,000 tons, 125 units of account ; and \r\nfor each ton in excess of 70,000 tons, 83 units of account. \r\n \r\n (2) In the application of sub-section (1) to a ship with a tonnage of less than 300 tons that \r\nsub-section shall have effect as if— \r\n \r\n(a)  in clause (a), in sub-clause (i), for the figure “333,000” the figure \r\n“166,667” were substituted; and \r\n \r\n(b)  in clause (b), in sub-clause (i), for the figure “167000” the figure \r\n“83,333” were substituted. \r\n \r\n (3) Where the amount calculated in accordance with clause (a) of sub-section (1) is not \r\nsufficient to pay the claims mentioned therein in full, the amount calculated in accordance with \r\nclause (b) thereof shall be available for payment of the unpaid balance of claims and such unpaid \r\nbalance shall rank rate ably with such claims mentioned in clause (b) of sub-section (1). \r\n \r\n (4) Claims in respect of damage to harbour works, basins and waterways and aids to \r\nnavigation shall have priority over all other claims. \r\n \r\n (5) The limit of liability for any salvor not operating from any ship or for any salvor \r\noperating solely on the ship to, or in respect of which, he is rendering salvage services, shall be \r\ncalculated according to a tonnage of 1,500 tons. \r\n \r\n (6) For the purpose of this Chapter the ship’s tonnage shall be the gross tonnage calculated in \r\naccordance with this Ordinance. \r\n \r\n 542. Limit for passenger claims.—(1) In respect of claims arising on any distinct \r\noccasion for loss of life or personal injury to passengers of a ship, the limit of liability of the ships \r\nowner thereof shall be in the amount of 46,666 units of accounts multiplied by the number of \r\npassenger which the ship is authorised to carry according to the passenger ship safety certificate \r\nissued in accordance with this Ordinance but not exceeding twenty-five million units of account. \r\n \r\n (2) For the purpose of this section “claims for loss of life or personal injury to passengers on \r\na ship” means any such claims brought by or on behalf of any person carried, in that ship,— \r\n \r\n(a)  under a contract of carriage of passengers by sea; or \r\n \r\n \r\nPage 210 of 233 \r\n \r\n(b)  who, with the consent of the carrier, is accompanying a vehicle, live animals \r\nor other goods which are covered by a contract for the carriage of goods. \r\n \r\n 543. Unit of account.—(1) The unit of account referred to in sections 541 and 542 is the \r\nSpecial Drawing right as defined by the International Monetary Fund and the amounts mentioned in \r\nthe aforesaid sections shall be converted into Pakistan currency by the Federal Government on the \r\nbasis of the value of the currency on the date of the constitution of a limitation fund under Section \r\n545 or when payment is made or such security, as the court may recognise as equivalent to the \r\npayment, given. \r\n \r\n (2) The value in Special Drawing Rights of the national currency shall be calculated \r\naccording to the method for valuation applied by the International Monetary Fund in effect at the \r\ndate in question under sub-section (1), for its operations and transactions as certified by the State \r\nBank of Pakistan. \r\n \r\n 544. Aggregation of claims.—(1) the limits of liability determined in accordance with \r\nsection 530 shall apply to the aggregate of all claims which arise on any distinct occasion— \r\n \r\n(a)  against the person or persons mentioned in Explanation to sub-section (1) of \r\nsection 535 and any person for whose act, neglect or default he or they are \r\nresponsible; or \r\n \r\n(b)  against the ship owner of a ship rendering salvage services from that ship and \r\nthe salvors operating from such ship and any person for whose act, neglect or \r\ndefault he or they are responsible; or \r\n \r\n(c)  against the salvor or salvors who are not operating from a ship or who are \r\noperating solely on a ship to, or in respect of which, the salvage services are \r\nrendered and any person for whose act, or default he or they are responsible. \r\n \r\n (2) The limits of liability determined in accordance with section 542 shall apply to the \r\naggregate of all claims subject thereto which may arise on any distinct occasion against the person or \r\npersons mentioned in the Explanation to sub-section (I) of section 535. \r\n \r\n 545. Limitation of fund and consolidation of claims against owners.—(1) where any \r\nliability is alleged to have been incurred by the owner of a vessel in respect of claims arising out of \r\nan occurrence and the aggregate of the claims exceeds or is likely to exceed the limits of liability of \r\nthe owner under sections 541 or 542, then the owner may apply to the High Court for the setting up \r\nof a Limitation Fund for the total sum representing such limits of liability. \r\n \r\n (2) The High Court, to which the application is made under sub-section (1), may determine \r\nthe amount of the owner’s liability and require him to deposit such amount with the High Court or \r\nfurnish such security in respect of the amount as in the opinion of the High Court is satisfactory \r\nand the amount so deposited or secured shall constitute a Limitation Fund, hereinafter referred to \r\nas the Fund for the purpose of the claims referred to in sub-section (1) and shall be utilised only for \r\nthe payment of such claims. \r\n \r\n (3) After the Fund has been constituted, no person entitled to claim against it shall be entitled \r\nto exercise any right against any other assets of' the owner in respect of his claim against cite Fund, \r\nif that Fund is actually available for the benefit of the claimant. \r\n \r\nPage 211 of 233 \r\n \r\n \r\n (4) Subject to the provision of this Part, the High Court may distribute the amount \r\nconstituting the Fund rateably amongst the several claimants and may stay any proceedings pending \r\nin any other court in relation to the same matter and may proceed in such manner and subject to \r\nsuch rules of the High court as to making persons interested parties to the proceedings, and as to the \r\nexclusion of any time levied claims, and as to requiring security from the owner, and as to payment \r\nof any costs, as the High Court thinks fit. \r\n \r\n (5) Where the owner establishes that he has paid in whole or in part any claim in respect of \r\nwhich he can limit his liability under section 536, the High Court shall place him in the same \r\nposition and to the same extent in relation to the Fund as the claimant whose claim he has paid. \r\n \r\n (6) Where the owner has established that he may at a later date be requiring to pay in whole \r\nor in part, any of the claims under this Part, which could be settled from the Fund, the High Court \r\nmay notwithstanding the foregoing provisions of this section order that a sufficient sum may be \r\nprovisionally set aside for the purpose to enable the owner to enforce his claim against the Fund at a \r\nlater date in accordance with the provisions of subsection (4). \r\n \r\n (7) If the owner is entitled to make a claim against a claimant arising out of the same \r\noccurrence, their respective claims shall be set off against each other and the provisions of this \r\nChapter shall only apply to the balance, if any. \r\n \r\n 546. Release of ships, etc.—(1) Where a vessel or other property is detained in \r\nconnection with a claim which appears to the High Court to be founded on a liability to which \r\na limit set by section 541 or 542 applies, or security is given to prevent or obtain release from \r\nsuch detention the High Court may, if the guarantee was given in a port which, in relation to the \r\nclaim, is the relevant port, order the release of the vessel, property or security if the conditions \r\nspecified in sub-section (2) are satisfied; and where the release is ordered, the person on whose \r\napplication it is ordered shall be deemed to have submitted to the jurisdiction of the High Court to \r\nadjudicate upon the claim. \r\n \r\n (2) the conditions referred to in sub-section (1) are— \r\n \r\n(a)  that security which in the opinion of the High Court is satisfactory (in this \r\nsection referred to as “guarantee”) has previously been given whether in \r\nPakistan or elsewhere, in respect of the said liability or any other liability \r\nincurred on the same occasion and the High Court is satisfied that if the claim \r\nis established, the amount for which the guarantee was given or such part \r\nthereof as corresponds to the claim will be actually available to the claimant; \r\nand \r\n \r\n(b)  that either the guarantee is for an amount not less than the said limit or further \r\nsecurity is given which, together with the guarantee is for an amount not less \r\nthat that limit; \r\n \r\n (3) For the purposes of this section— \r\n \r\n(a)  a guarantee given by the giving of security in more than one country shall be \r\ndeemed to have been given in the country in which security was last given; \r\n \r\n \r\nPage 212 of 233 \r\n \r\n(b)  any question whether the amount of any security is (either by itself or together \r\nwith any other amount) not less than any limit set by section 541 or 542 shall \r\nbe decided as at the time at which the security is given ; and \r\n \r\n(c)  where part only of the amount for which a guarantee was given will be avail- \r\nable to a claimant that part shall not be taken to correspond to his claim if any \r\nother part may be available to a claimant in respect of a liability to which no \r\nlimit is set as mentioned in sub-section (1). \r\n \r\n 547. Application to ships in course of completion or construction, etc.––The provisions of \r\nthis Chapter relating to limitation of liability to owners shall extend and apply to the owners, \r\nbuilders or other persons having an interest in any vessel built in any port or place in Pakistan from \r\nand including the launching of such vessel until the registration thereof in accordance with the \r\nprovisions of this Ordinance, as they apply in relation to the owner of a vessel registered under this \r\nOrdinance. \r\n \r\n 548. Power to make rules.––The Federal Government may, by notification in the official \r\nGazette, make rules for carrying out the purposes of this chapter. \r\n______________ \r\n \r\nCHAPTER 42. —LIENS FOR WAGES \r\n \r\n 549. Seamen’s lien for wages, etc.—(1) A seaman shall have a lien on the ship, and shall \r\nnot by any agreement forfeit his lien on the ship, or be deprived of any remedy for the recovery of \r\nhis wages to which in the absence of the agreement he would be entitled, and shall not by any \r\nagreement abandon his right to wages in case of the loss of the ship or abandon any right that he \r\nmay have or obtained in the nature of salvage, and every stipulation in any agreement inconsistent \r\nwith any provisions of this Ordinance, shall be void. \r\n \r\n (2) Nothing in this section shall apply to a stipulation made by the seamen belonging to any \r\nship which according to the terms of the agreement, is to be employed on salvage service with \r\nrespect to the remuneration to be paid to them for such service to be rendered by that ship to any \r\nother ship. \r\n \r\n 550. Master’s lien.—(1) The master of a ship shall, so far as the case permits, have the \r\nsame rights, liens and remedies for the recovery of his wages as a seaman has under this \r\nOrdinance, or by any law or custom having the force of law. \r\n \r\n (2) The master of a ship, and every person lawfully acting as master of a ship by reason \r\nof the decease or incapacity from illness of the master of the ship, shall so far as the case permits, \r\nhave the rights, liens and remedies for the recovery of disbursement or liabilities properly made or \r\nincurred by him on account of the ship as the master has for the recovery of his wages. \r\n \r\n (3) If in any proceeding in any court having jurisdiction touching the claim of a master \r\nin respect of wages, or of such disbursements, or liabilities as aforesaid, any right of set-off or \r\ncounter-claim is set up, the Court may enter into and adjudicate upon all questions, and settle all \r\naccounts then arising or outstanding and unsettled between the parties to the proceedings, and may \r\ndirect payment of any balance found to be due. \r\n \r\n \r\nPage 213 of 233 \r\n \r\n 551. Priorities.––The seaman’s lien under section 549 shall have precedence over all other \r\nliens or charges on the ship, and the master’s lien under section 550 shall have precedence likewise \r\nexcept over that of a seaman. \r\n_____________ \r\n \r\nPART XIV \r\n \r\nCHAPTER 43.—PREVENTION OF POLLUTION FROM SHIPS \r\n \r\n 552. Definitions.––In this Part unless there is anything repugnant in the subject or \r\ncontext— \r\n \r\n(a)  “chemical tanker” means a ship constructed or adapted primarily to carry a \r\ncargo of noxious liquid substances in bulk and includes an oil tanker when it is \r\ncarrying a cargo or part cargo of noxious liquid substances in bulk ; \r\n \r\n(b)  “convention” means the International Convention for the Prevention of \r\nPollution from Ships, 1973, as modified by the Protocol of 1978, relating \r\nthereto (MARPOL 73/78), as amended from time to time ; \r\n \r\n(c)  “convention country” means any country in respect to which the convention \r\nreferred to in clause (b) in force and includes any country to which such con- \r\nvention extends ; \r\n \r\n(d)  “Director-General” means the Director-General of the Ports and Shipping \r\n Wing, Ministry of Communications; \r\n \r\n(e)  “Discharge”, in relation to harmful substances of effluents containing such \r\nsubstances, means any release howsoever caused from a ship and includes any \r\nescape, disposal, spilling, leaking, pumping, emitting or emptying except–– \r\n \r\n(i)  dumping within the meaning of the convention on the Prevention of \r\nMarine Pollution by Dumping of Wastes and Other Matter, signed at \r\nLondon on the 13th November, 1972 ; or \r\n \r\n(ii)  release of harmful substances directly arising from the exploration, \r\nexploitation and associated off-shore processing of sea-bed mineral \r\nresources; or \r\n \r\n(iii)  release of harmful substances for purposes of legitimate scientific \r\nresearch into pollution abatement or control ; \r\n \r\n(f)  “existing ship” means any ship which is not a new ship ; \r\n \r\n(g)  “garbage” means all kinds of victual, domestic and operational waste exclud- \r\ning fresh fish and parts thereof, generated during the normal operation of the \r\nship and liable to be disposed of continuously or periodically ; \r\n \r\n(h)  “harmful substance” means oil and other substances which if introduced \r\ninto the sea or other water areas is liable to create hazards to human health or \r\n \r\nPage 214 of 233 \r\n \r\nharm living resources and marine life and damage amenities or to \r\ninterfere with other legitimate uses of the sea or other water areas ; \r\n \r\n(i)  “instantaneous rate of discharge of oil content” means the rate of discharge of \r\noil in litres per hour at any instant divided by the speed of the ship in knots at \r\nthe same instant ; \r\n \r\n(j)  “marine environment” means the navigable waters of Pakistan and the \r\nland and resources therein and thereunder; the water and fishery resources of \r\nany area over which Pakistan asserts exclusive fishery management authority; \r\nthe sea-bed and sub soil of the outer continental shelf of Pakistan, the \r\nresources thereof and the waters superjacent thereto; and the recreational; \r\neconomic; and scenic values of waters and resources ; \r\n \r\n(k)  “nearest land” means the nearest land the base link from which the \r\nterritorial sea of the territory in question is established in accordance with \r\ninternational law ; \r\n \r\n(l)  “new ship” means a ship— \r\n \r\n(i)  for which the building contract was placed after the 31st December, \r\n1975 ; or \r\n \r\n(ii)  in the absence of a building contract, the keel which was laid or was \r\nat a similar stage of construction after the 30th June, 1976 ; \r\n \r\n(iii) the delivery of which was after the 31st December, 1979; and \r\n \r\n(iv) which has undergone a major conversion— \r\n \r\n(a)  for which the contract was placed after the 31st December, \r\n1975 ; or \r\n \r\n(b)  in the absence of a contact, construction work of which was \r\nbegun after the 30th June, 1976 ; or \r\n \r\n(c)  which completed after the 31st December, 1976 ; \r\n \r\n(m) Noxious liquid substances means any substances defined as such in the \r\nConvention ; \r\n \r\n(n)  “oil” means petroleum in any form including crude oil, fuel oil, sludge, oil \r\nrefuse and refined products ; \r\n \r\n(o)  “oily mixture” means a mixture with any oil content ; \r\n \r\n(p)  “oil tanker’ means a ship constructed or adapted primarily to carry oil in \r\nbulk in its cargo spaces and includes combination carries and any “chemical \r\ntanker”, When it is carrying a cargo or a part cargo of oil in bulk; \r\n \r\n \r\nPage 215 of 233 \r\n \r\n(q)  “off-shore installation” means an installation whether mobile or fixed, \r\nwhich is used or is intended to be used for under-water exploration or \r\nexploitation of crude oil, petroleum or other similar mineral oils, under lease, \r\nlicence or any other form of contractual arrangement and includes. \r\n \r\n(a)  any installation which could be moved from place to place under \r\nits own motive power or otherwise; and \r\n \r\n(b)  a pipe-line ; \r\n \r\n(r)  “sewage” means–– \r\n \r\n(a)  drainage and other wastes from any form of toilets and urinals ; \r\n \r\n(b)  drainage from medical premises (dispensary, sick bay, etc;) via \r\nwash basin, wash tubs and scuppers located in such premises ; \r\n \r\n(c)  drainage from spaces containing living animals ; or \r\n \r\n(d)  other waste waters when mixed with the drainages specified above ; \r\n \r\n(s)  “ship” means any vessel of any type whatsoever operating in the marine \r\nenvironment and includes hydrofoil boats, air-cushion vehicles, submersibles, \r\nfloating craft (self propelled or not) and fixed or floating platforms; and \r\n \r\n(t)  “special area” means a sea area where, for recognised technical reasons in \r\nrelation to its oceanographical and ecological condition and to the particular \r\ncharacter of its traffic, the adoption of special mandatory methods for the pre- \r\nvention of sea pollution is required and defined as such in the convention. \r\n \r\n 553. International pollution prevention certificates.—(1) Each Pakistani oil tanker of one \r\nhundred and fifty gross tons and above and each other Pakistani ship of four hundred gross tons and \r\nabove ; or of such other type or tonnage as is specified in the convention or any Pakistani chemical \r\ntanker shall have on board a valid international oil pollution prevention certificate ; or international \r\npollution prevention certificate for the carriage of noxious liquid substances in bulk as the case \r\nmay be or any other certificate required under the convention. \r\n \r\n (2) Each oil tanker of one hundred and fifty gross tons and above, or of such type or tonnage \r\nas is specified in the convention and each other ship of four hundred gross tons and above, or any \r\nchemical tanker, operated under the authority of a convention country other than Pakistan shall \r\nhave on board valid certificates mentioned in sub-section (1). \r\n \r\n (3) The certificates required by sub-section (1) shall be in the prescribed form issued by the \r\nFederal Government, or by any organizations authorized by the Federal Government in this behalf, \r\nafter a satisfactory survey in the prescribed manner. \r\n \r\n (4) The certificates issued under the provisions of sub-section (1) shall be issued for a period \r\nprescribed by the Federal Government, which shall not exceed five years from the date of issue ; \r\nexcept where –– \r\n \r\n \r\nPage 216 of 233 \r\n \r\n(a)  significant alternations have taken place in the construction, equipment, fit- \r\ntings, or arrangements required by the pollution prevention requirements, \r\nwithout the approval of the Federal Government of any other organization \r\nauthorized by the Federal Government ; \r\n \r\n(b)  surveys as required under the convention are not carried out; and \r\n \r\n(c)  transfer of the ship to the flag of another country has taken place, the \r\ncertificate shall cease to be valid. \r\n \r\n (5) No officer of Customs shall grant a port clearance to a Pakistani ship specified in sub-\r\nsection (1) or to a ship specified in sub-section (2), until after the production by master or owner of \r\nthe ship of international oil pollution prevention certificate; or international pollution prevention \r\ncertificate for the carriage of noxious liquid substances in bulk, as the case may be or any other \r\ncertificate required under the convention.  \r\n \r\n 554. Prevention of pollution by sewage and garbage from ships.—(1) The discharge of \r\nsewage and disposal of garbage into the sea from any ship is prohibited except as specified under \r\nthe convention. \r\n \r\n (2) The Federal Government may, in respect of a Pakistani ship, issue with an international \r\nsewage pollution prevention certificate for the prescribed period which shall not exceed five years \r\nfrom the date of issue thereof after satisfactory survey in the prescribed manner. \r\n \r\n (3) Garbage management plan and garbage record book shall be maintained as required under \r\nthe convention. \r\n \r\n (4) If sewage or garbage is discharged or disposed of into the sea in contravention of sub-\r\nsection (1), the master or the owner of the ship shall be liable to a fine which may extended to ten \r\nthousand US dollars. \r\n \r\n (5) The provisions of this section shall take effect from such date as the Federal \r\nGovernment may by notification in the official Gazette, appoint. \r\n \r\n 555. Prohibition against oil pollution from ships.—(1) No oil or oily mixture or \r\nharmful substance shall be is charged into the sea from any Pakistani ship or a foreign ship unless \r\nthe condition specified in the convention are satisfied–– \r\n \r\n (2) Every ship of gross tonnage of less than four hundred tons other than oil tanker shall be \r\nequipped as far as practicable and reasonable with installations to ensure the storage of oil residues \r\non board and their discharge to reception facilities. \r\n \r\n (3) If oil or oily mixture or harmful substance is discharged in contravention of sub-\r\nsection (1) the master or the owner of the ship shall be liable to imprisonment which shall not be less \r\nthan two years and fine which shall not be less than fifty thousand US dollars but may extend to \r\none million US dollars, and, in the case of a continuing contravention or failure with an \r\nadditional fine which may extend to ten thousand US dollars for every day after the first during \r\nwhich such contravention or failure continue,. \r\n \r\n \r\nPage 217 of 233 \r\n \r\n (4) The Federal Government, or an officer generally or specifically authorised by it in this \r\nbehalf, may compound any offence under this section. \r\n \r\n 556. Prohibition against pollution due to discharge of noxious liquid substances from \r\nships.—(1) No noxious liquid substances shall be discharged into the sea from a Pakistani \r\nship or a foreign ship unless the condition specified in the Convention are satisfied. \r\n \r\n (2) If noxious liquid substances or their residues are discharged in contravention of this \r\nsection, the master or the owner of the ship shall be liable to imprisonment for a term which shall not \r\nbe less than two years and fine which shall not be less than fifty thousand US dollars, but may \r\nextend to one million US dollar. \r\n \r\n 557. Special Powers.—(1) Any person specially authorised by the Federal Government, may \r\norder any vessel in a port or place in Pakistan, or in the navigable waters of Pakistan, to operate or \r\nanchor in such manner as he may direct if— \r\n \r\n(a)  he has reasonable cause to believe such vessel does not comply with any \r\nregulation issued under this Ordinance, or any other law for the time being in \r\nforce; \r\n \r\n(b)  by reason of weather, visibility, sea conditions, port congestion, other \r\nhazardous circumstances, or the condition of such vessel, he is satisfied that \r\nsuch directive is justified in the interest of safety; \r\n \r\n(c)  he determines that such vessel does not satisfy the conditions for entry in port \r\nif such— \r\n \r\n(i)  vessel has a history of accident, pollution incidents, or serious repair \r\nproblems which in the opinion of the Federal Government or person \r\nauthorised by it, render such vessel unsafe or may create a threat to the \r\nmarine environment; or \r\n \r\n(ii)  vessel fails to comply with any regulation issued under this \r\nOrdinance, as amended, or under any other laws for the time being in \r\nforce; \r\n \r\n(iii)  vessel discharges oil or hazardous material in violation of any law \r\nof Pakistan or in a manner and quantities inconsistent with the \r\nprovisions of any treaty or convention to which the Pakistan \r\nGovernment is a party; \r\n \r\n(iv)  vessel does not comply with any applicable vessel traffic service \r\nrequirements; \r\n \r\n(v)  vessel is manned by one or more officers who are licensed or \r\ncertificated by a certificating State which the Federal Government or \r\nperson authorised by it, has determined, does not have standards for \r\nlicensing and certification of seafarers which are comparable to or \r\nmore stringent than Pakistan’s standards or international standards \r\nwhich are accepted by the Government of Pakistan; \r\n \r\nPage 218 of 233 \r\n \r\n \r\n(vi) vessel is not manned in compliance with manning levels prescribed by \r\nthe Federal Government, or person authorised by it to be necessary to \r\nensure the safe navigation of the vessel; and \r\n \r\n(vii)  vessel while underway, does not have at least one licensed or \r\ncertificated Deck Officer on the navigation bridge capable of clearly \r\nunderstanding marine (nautical) terminology. \r\n \r\n (2) The Federal Government, or person authorised by it, may allow provisional entry of a \r\nvessel not in compliance with clause (c) of sub-section (1), if the owner or operator of such vessel \r\nproves, to the satisfaction of the Federal Government, or person authorised, that such vessel is not \r\nunsafe or a threat to the marine environment, and if such entry is necessary for the safety of the \r\nvessel or persons abroad. \r\n \r\n 558. Exceptions in cases of emergencies.––Nothing in sections 555 and 556 shall \r\napply to— \r\n \r\n(a)  the discharge into the sea of oil or oily mixture or noxious liquid substances or \r\nother harmful substances mixture containing such substances necessary for the \r\npurpose of securing the safety of a ship or saving life at sea; and \r\n \r\n(b)  the discharge into the sea of oil or oily mixture or noxious liquid substances or \r\nother harmful substances mixture containing such substances resulting from \r\ndamage to a ship or its equipment if— \r\n \r\n(i)  all reasonable precautions have been taken after the occurrence of the \r\ndamage or discovery of the discharge for the purpose of preventing or \r\nminimizing the discharge; \r\n \r\n(ii)  the owner or the master acted neither with intent to cause damage \r\nnor recklessly and with knowledge that damage would probably result; \r\nand \r\n \r\n(iii) the discharge into the sea of noxious liquid substances or mixtures \r\ncontaining such substances, approved by the Federal Government, \r\nwhen being used for the purpose of combating specific pollution \r\nincidents in order to minimize the damage from pollution. \r\n \r\n 559. Equipment in ships to prevent pollution.—(1) For the purpose of preventing or \r\nreducing discharges of oil and oily mixtures into the sea, and for cleaning, removing of dispersing \r\nany oil and oily mixture already discharged, the Federal Government may make rules requiring \r\nPakistani ships to be fitted with such equipment and to comply with such other requirements \r\n(including requirement for preventing the escape of fuel oil or heavy diesel oil into bilges) as \r\nmay be prescribed. \r\n \r\n (2) If a Pakistani ship is not fitted with equipment as required by sub-section (1) the master, \r\nowner, operator or the agent shall be liable to a fine which may extend to five hundred \r\nthousand rupees and in case of a continuing offence with an additional fine which may extend to five \r\nthousand rupees for every day during which such offence continues after first conviction. \r\n \r\nPage 219 of 233 \r\n \r\n \r\n 560. Oil record book.—(1) Each oil tanker, of one hundred and fifty gross tons and above, \r\nand ship of four hundred gross tons and above, other than an oil tanker, and manned fixed or floating \r\ndrilling rig or other platform to which this part applies, shall maintain an oil record book part-I \r\n(machinery space operations). An oil tanker of one hundred and fifty gross tons and above or a \r\nnon-oil tanker that carries two hundred cubic meters or more of oil in bulk, shall also maintain an \r\noil record book part-II (cargo ballast operations). \r\n \r\n (2) The form and manner in which the oil record book shall be maintained, the nature of the \r\nentries to be made there in, the time and circumstances in which such entries shall be made, the \r\ncustody and disposal thereof and all other matters relating thereto shall be such as may be prescribed \r\nhaving regard to the provisions of the convention. \r\n \r\n (3) If the master of an oil tanker or other ship fails to maintain an oil record book as required \r\nby this section shall, for each offence, be liable to a fine which may extend to one hundred thousand \r\nrupees. \r\n \r\n (4) If any person wilfully destroys or mutilates or renders illegible or prevents the making of, \r\nany entry in the oil record book or makes or causes to be made a false entry in such book in \r\ncontravention of any rule made under this section, he shall for each offence, be liable to a fine which \r\nmay extend to five hundred thousand rupees. \r\n \r\n 561. Cargo record book for chemical tankers.––Each chemical tanker to which this chapter \r\napplies shall maintain a cargo record book, whether as part of the ship’s official log-book or \r\notherwise, in the prescribed form. \r\n \r\n 562. Inspection and control of ships with respect to prevention of pollution.—(1) A \r\nsurveyor or any person appointed in this behalf by the Federal Government may, at any \r\nreasonable time, go on board a ship for the purpose of— \r\n \r\n(a)  ensuring that the prohibitions, restrictions and obligations imposed by or under \r\nthe convention are complied with; \r\n \r\n(b)  satisfying himself about the adequacy of the measures taken to prevent the \r\nescape of oil or oily mixture or noxious liquid substances or any other harmful \r\nsubstances from the ship including appropriate operational practices specified \r\nin the convention; \r\n \r\n(c)  ascertaining the circumstances relating to an alleged discharge of oil or oily \r\nmixture or of noxious liquid substances or any other harmful substances from \r\nthe ship in contravention of the provisions of the convention; \r\n \r\n(d)  investigating and apportioning responsibility whenever information is received \r\nregarding the existence of visible traces of oil or contamination by noxious \r\nliquid substances or any other harmful substances on or below the surface of \r\nwater in the immediate vicinity of a ship or its wake; and \r\n \r\n(e)  inspecting the oil record book, cargo record book or any other relevant record.  \r\n \r\n \r\nPage 220 of 233 \r\n \r\n (2) The surveyor or any such person may, if necessary, make, without unduly delaying the \r\nship, a true copy of any entry in the oil or cargo record book of the ship, and may require the \r\nmaster of the ship to certify the copy to be a true copy and such copy shall be admissible as evidence \r\nof the facts stated therein. \r\n \r\n 563. Information regarding contravention of the provisions of the convention.—(1) If, \r\non report from a surveyor or other person authorised to inspect a vessel under section 562, the \r\nFederal Government is satisfied that any provision of the Convention has been contravened \r\nanywhere by a foreign ship being a ship to which the provisions of the Convention apply, it shall \r\ntransmit particulars of the alleged contravention to the Government of the country to which the ship \r\nbelongs. \r\n \r\n (2) On receipt of information from the Government of any country which has ratified the \r\nConvention that a Pakistani ship has contravened any provision of the Convention, the Federal \r\nGovernment shall investigate the matter and, if satisfied that any provision of this Part, or any \r\nrule made thereunder has been contravened, take appropriate action against the owner or master and \r\nintimate such Government of the action so taken. \r\n \r\n 564. Oil reception facilities at ports in Pakistan.—(1) Notwithstanding anything \r\ncontained in any other law for the time being in force, in respect of every port in Pakistan, the \r\npowers of the port authority shall include the power to provide oil reception facilities. \r\n \r\n (2) A port authority providing oil reception facilities or a person providing such facilities by \r\narrangement with the port authority, may make charges for the use of facilities at such rates and may \r\nimpose such conditions in respect of the use thereof as may be approved, by notification in the \r\nOfficial Gazette, by the Federal Government in respect of the port. \r\n \r\n (3) Where the Federal Government is satisfied that there are no oil reception facilities at any \r\nport in Pakistan or that the facilities available at such port are not adequate for enabling ships \r\ncalling at such port to comply with the requirements of the convention, the Federal Government \r\nmay, after consultation with the port authority in charge of such port, direct by order in writing such \r\nauthority to provide or arrange for the provision of such oil reception facilities as may be specified in \r\nthe order. \r\n \r\n Explanation.—For the purposes of this section “port authority” means the Conservator of the \r\nport within the meaning of section 7 of the Ports Act, 1908 (XV of 1908). \r\n \r\n 565. Reception facilities for noxious liquid substances in Pakistan.––The Federal \r\nGovernment shall ensure that the ships using its ports, terminals or repair, ports shall have— \r\n \r\n(a)  cargo loading and unloading ports and terminals with facilities adequate for \r\nreception of residues and mixtures containing noxious liquid substances; and \r\n \r\n(b)  ship repair ports undertaking repairs of chemical tankers with facilities ade- \r\nquate for the reception of residues and mixtures containing noxious liquid \r\nsubstances. \r\n \r\n 566. Pollution from shipping casualties.—(1) If an accident occurs involving any ship in \r\nor outside Pakistan waters and the Federal Government is of opinion that oil or oily mixture or \r\nharmful substances from such ship may cause pollution or damage to the marine environment on a \r\n \r\nPage 221 of 233 \r\n \r\nlarge scale in Pakistan waters, it may give such directions to the master, owner, charterer salvor or \r\nagent of the ship as it considers necessary to avoid, reduce or neutralize such pollution and damage \r\nof the marine environment. \r\n \r\n (2) If a master, owner, charterer, salvor or agent fails to comply with the directions given \r\nunder sub-section (1) he shall, for each offence, be liable to imprisonment which shall not be less \r\nthan two years and fine which may extend to one million US dollars. \r\n \r\n 567. Prohibition of dumping.––The dumping of wastes or other matter prescribed as such is \r\nprohibited and any person acting in contravention of this section shall be liable to imprisonment \r\nwhich shall not be less than two years and fine which may extend to one million US dollars. \r\n \r\n 568. Permits for dumping.—(1) The dumping of wastes or other matter not specified in \r\nsection 567 is prohibited unless a prior special permit has been issued by the Federal \r\nGovernment. \r\n \r\n (2) Any person acting in contravention to this section shall be liable to a fine which may \r\nextend to five hundred thousand rupees and imprisonment for a term which shall not be less than \r\nthree months. \r\n \r\n 569. Prohibition of loading without permit.—(1) The loading of wastes or other matter \r\non board a ship in a Pakistani port with the intention of subsequent dumping anywhere at sea is \r\nprohibited and any person acting in contravention of this section shall be liable to a fine which may \r\nextend to five hundred thousand rupees and imprisonment for a term which shall not be less than \r\nthree months. \r\n \r\n (2) The provisions of sub-section (1) shall not apply to substances referred to in \r\nsection 568 in respect of which, prior to the loading, a permit has been issued by the Federal \r\nGovernment under sub-section (l) thereof. \r\n \r\n 570. Exemption.––The provisions of sections 567 and 568 shall not apply when, for security \r\nand safety of human life or of ships in cases of force majeure caused by stress or weather, or in any \r\ncase which constitutes a danger to human life or a real threat to ships, dumping appears to be the \r\nonly way of averting the threat and if there is every probability that the damage consequent upon \r\nsuch dumping will be less than would otherwise occur, and such dumping shall be so conducted as to \r\nminimize the occurrence of damage to human or marine life and shall be reported forthwith by the \r\nmaster to the Federal Government. \r\n \r\n 571. Issuance of special permit.––The Federal Government may issue a special permit for \r\ndumping wastes, in emergencies, posing serious risk to human health and admitting no other feasible \r\nsolution. \r\n \r\n 572. Conditions to permits.––When issuing a permit under sections 568 and 569, the \r\nFederal Government may attach such conditions and restrictions, as may be necessary for the \r\nprotection of the marine environment or the safety and health of persons. \r\n \r\n 573. Recognition of foreign permits.–– A permit for the dumping or wastes or other matter \r\nissued by a competent authority in a foreign country may be recognized by the Federal Government \r\nas permit deemed to have been issued in accordance with section 568. \r\n \r\n \r\nPage 222 of 233 \r\n \r\n 574. Recovery and liability.—(1) The Federal Government may order the owner or master \r\nof a ship who has contravened the provisions of sections 567 and 568, or who has dumped wastes in \r\naccordance with section 570, to recover, practicable, the wastes or other matter which were dumped \r\nif such wastes or other matter constitute a serious threat to the marine environment or the safety of \r\nhuman life or navigation and the costs of such recovery shall be borne by the owner of the ship. \r\n \r\n (2) The Federal Government may recover from the owner of the ship which has \r\ncontravened the provisions of sections 567 and 568, or which has dumped wastes in accordance with \r\nsection 570, all reasonable costs incurred by the Government in the recovery of the wastes or other \r\nmatter referred to sub-section (1). \r\n \r\n 575. Power to make rules.—(1) The Federal Government may, by notification in the \r\nofficial Gazette, make rules for carrying out the purposes of this Part. \r\n \r\n (2) In particular, and without any prejudice to the generality of the provisions of sub- \r\nsection (1), such rules may provide for any of the following matters, namely:— \r\n \r\n(a)  the form and the manner in which the international oil pollution prevention \r\ncertificate or international pollution prevention certificate for noxious liquid \r\nsubstances in bulk or any other certificate required under the convention shall \r\nbe issued and any extensions thereof granted; \r\n \r\n(b)  the form and the manner in which the oil record book, cargo record book or \r\nany other relevant record shall be maintained; \r\n \r\n(c)  the mode or the manner of construction of new ships and any structural \r\nalterations in the existing ships for the purpose of giving effect to the \r\nprovisions of section 559; \r\n \r\n(d)  the manner in which investigation may be made by the Federal Government \r\nfor the purpose of sub-section (2) of section 563; \r\n \r\n(e)  the authorities which may, in individual cases, allow exemptions from the \r\nprovisions of this Part and specify conditions for such exemptions; \r\n \r\n(f)  form of application for permits and the issue, refusal and cancellation of \r\npermits for dumping; and \r\n \r\n(g)  fees which may be levied for the issue of any certificate or permit under this \r\n Part. \r\n            _______________ \r\n \r\nPART XV.––PROCEDURAL AND MISCELLANEOUS \r\n \r\nCHAPTER 44.––PROCEDURE \r\n \r\n 576. Certain persons to be deemed public servant.––The following persons shall be \r\ndeemed to be public servants within the meaning of section 21 of the Pakistan Penal Code, 1860 \r\n(Act XLV of 1860) namely: — \r\n \r\n \r\nPage 223 of 233 \r\n \r\n(a)  every Principal Officer, Surveyor, Shipping Maters, Radio Inspector, \r\nRegistrar appointed under this Ordinance; \r\n \r\n(b)  every person appointed under section 94 for the purpose of examining the \r\nqualifications of persons desirous of obtaining certificates of competency \r\nunder this Ordinance; \r\n \r\n(c)  every person appointed under this Ordinance to report information as to ship- \r\nping casualties; \r\n \r\n(d)  every judge, assessor, scientific referee or other person acting under Part XI; \r\n \r\n(e)  every person authorised under this Ordinance to make an inquiry or \r\ninvestigation under Part XI and all persons whom he calls to his aid; \r\n \r\n(f)  every person directed to make an investigation into an explosion or fire on \r\nboard ship under section 480; \r\n \r\n(g)  every presiding officer and member of a Maritime Board convened under \r\nsection 483; \r\n \r\n(h)  every receiver of wreck and all persons whom he calls to his aid; and \r\n \r\n(i)  every other officer or person appointed under this Ordinance to perform any \r\nfunctions thereunder. \r\n \r\n 577. Jurisdiction.––No Court inferior to that of a magistrate of the first class shall try any \r\noffence under this Ordinance or any rule or regulation made thereunder. \r\n \r\n 578. Place of trial.––Any person committing any offence under this Ordinance or any rule \r\nor regulation made thereunder may be tried for the offence in any place in which he may be found, \r\nor which the Federal Government may, by notification in the Official Gazette, direct in this behalf, \r\nor in any other place in which he might be tried under any other law for the time being in force. \r\n \r\n 579. Enforcement of penalties in certain cases.––The penalties to which masters and \r\nowners of special trade passenger ships and pilgrim ships are liable under part V, shall be enforced \r\nonly on information laid at the instance of the certifying officer, or, at the port or place where there \r\nis no such officer, at the instance of such other officer as the Federal Government may specify in this \r\nbehalf. \r\n \r\n 580. Special provision regarding punishment.––Notwithstanding anything contained in \r\nsection 32 of the Code of Criminal Procedure, 1898 (Act V of 1898), a Magistrate of the first class \r\nmay pass any sentence authorised by, or under, this Ordinance on any person convicted of an \r\noffence under this Ordinance or rule or regulation made thereunder. \r\n \r\n 581. Offences by companies.—(1) If the person committing an offence under this \r\nOrdinance is a company, every person who, at the time the offence was committed, was in charge \r\nof, and was responsible to, the company for the conduct of the business of the company, as well as \r\nthe company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against \r\nand punished accordingly: \r\n \r\nPage 224 of 233 \r\n \r\n \r\n Provided that nothing in this sub-section shall render any such person liable to any \r\npunishment under this Ordinance if he proves that the offence was committed without his knowledge \r\nor that he exercised all due diligence to prevent the commission of such offence. \r\n \r\n (2) Notwithstanding anything contained in sub-section (1), where an offence under this \r\nOrdinance has been committed by a company, and it is proved that the offence was committed with \r\nthe consent or connivance of, or is attributable to any neglect on the part of, any director, partner, \r\nmanager, secretary or other officer of the company, such director, partner, manager, secretary or \r\nother officer shall also be deemed to be guilty of that offence, and shall be liable to be proceeded \r\nagainst and punished accordingly. \r\n \r\n 582. Depositions to be received in evidence when witnesses cannot be produced.—(1) \r\nWhenever, in the course of any legal proceeding under this Ordinance instituted at any place in \r\nPakistan before any Court or magistrate, or before any person authorised by law or by consent of \r\nparties to receive evidence, the testimony of any witness is required in relation to the subject matter, \r\nand the defendant or the person accused, as the case may be, after being allowed a reasonable \r\nopportunity for so doing, does not produce the witness before the Court, Magistrate or person so \r\nauthorized, any deposition previously made by the witness in relation to the same subject matter \r\nbefore any Court, Judge or Magistrate in Pakistan, or, if elsewhere, before a maritime Board or \r\nbefore any Pakistan consular officer, shall be admissible in evidence if— \r\n \r\n(a)  the deposition is authenticated by the signature of the presiding officer of the \r\nCourt or of the Judge or Magistrate or of the presiding officer of the Maritime \r\nBoard or of the Pakistan consular officer, before whom it is made; \r\n \r\n(b)  the defendant or the person accused had an opportunity by himself or his agent \r\nof cross-examining the witness; and \r\n \r\n(c)  the proceeding is criminal, on proof that the deposition was made in the \r\npresence of the person accused. \r\n \r\n (2) It shall not be necessary in any case to prove the signature or official character of the \r\nperson appearing to have signed such deposition; and a certificate by such person that the defendant \r\nor the person accused had an opportunity of cross-examining the witness, and that the deposition, if \r\nmade in a criminal proceeding was made in the presence of the person accused, shall unless the \r\ncontrary is proved, be sufficient evidence that he had that opportunity and that it was so made. \r\n \r\n 583. Survey of ships alleged by seamen to be unseaworthy.—(1) Whenever, in any \r\nproceeding against any seaman or apprentice belonging to any ship for the offence of desertion or \r\nabsence without leave it is alleged by one-fourth, or if their number exceeds twenty by not less than \r\nfive, or the seaman belonging to the ship, that the ship is by reason of unseaworthiness, over \r\nloading, improper loading, defective equipment, or for any other reason, not in a fit condition to \r\nproceed to sea, or that the accommodation in the ship is insufficient, the Court, having cognizance of \r\nthe case shall take such means as may be in its power to satisfy itself concerning the truth or \r\notherwise of the allegation, and shall for that purpose receive the evidence of the person making the \r\nsame, and may summon any other witness whose evidence it may think it desirable to hear, and \r\nshall, if satisfied that the allegation is groundless, adjudicate in the case, but if not so satisfied shall \r\nbefore adjudication cause the ship to be surveyed. \r\n \r\n \r\nPage 225 of 233 \r\n \r\n (2) A seaman or apprentice charged with desertion, or with absence without leave, shall \r\nnot have any right to apply for a survey under this section unless he has before deserting or absenting \r\nwithout leave complained to the master of the circumstances so alleged in justification. \r\n \r\n (3) For the purposes of this section the Court shall require any surveyor or, if such surveyor \r\ncannot be obtained without unreasonable expense or delay, then any other competent person \r\nappointed by the Court, and having no interest in the ship, her freight or cargo, to survey the ship, \r\nand to answer any question concerning her which the Court thinks fit to put. \r\n \r\n (4) Such surveyor or other person shall survey the ship, and make his written report to the \r\nCourt, including an answer to every question put to him by the Court, and the Court shall cause the \r\nreport to be communicated to the parties, and, unless the opinions expressed in the report are proved \r\nto the satisfaction of the Court to be erroneous, shall determine the questions before it in accordance \r\nwith those opinions. \r\n \r\n (5) Any person making a survery under this section shall, for the purposes thereof, have all \r\nsuch powers as are specified in sub-section (3) of section 471. \r\n \r\n (6) The costs, if any, of the survey shall be determined in accordance with the scale of feet \r\nthe Federal Government may, by notification in the official Gazette, fix in this behalf. \r\n \r\n (7) If it is proved that the ship is in a fit condition to proceed to sea, or that the \r\naccommodation is sufficient, as the case may be, the costs of the survey shall be paid by the person \r\nupon whose demand, or in consequence of whose allegation, the survey was made, and may be \r\ndeducted by the master or owner out of the wages due or to become due to that person, and \r\nshall be paid over to the Federal Government. \r\n \r\n (8) If it is proved that the ship is not  in a fit condition to proceed to sea, or that the \r\naccommodation is insufficient, as the case may be, the master or owner of the ship shall pay the \r\ncosts of the survey to the Federal Government, and shall also be liable to pay to the seaman or \r\napprentice who has beets detained in consequence of the said proceeding before the Court under \r\nthis section such compensation for his detention as the Court may award. \r\n \r\n 584. Jurisdiction over ships laying off coasts.––Where any area within which any Court or \r\nMagistrate has jurisdiction, either under this Ordinance or under any other law for any purpose \r\nwhatsoever, is situated on the coast of any sea, or abutting on or Projecting any bay, channel, lake, \r\nriver, or other navigable water, every such Court or Magistrate shall have jurisdiction over any \r\nvessel being on, or lying or passing off, that coast, or being in or near that bay, channel, lake, river, \r\nor navigable water, and over all persons on board that vessel or for the time being belonging thereto, \r\nin the same manner as if the vessel or persons were within the limits of the original jurisdiction of \r\nthe Court or Magistrate. \r\n \r\n 585. Jurisdiction in case of offences on board.––Where any person, being a citizen of \r\nPakistan is charged with having committed any offence on board any Pakistani ship on the high \r\nseas, or in any foreign port or harbour, or on board any ship other than a Pakistani ship to which he \r\ndoes not belong, or, not being a citizen of Pakistan, is charged with having committed any offence \r\non board any Pakistani ship on the high seas, and that person is found within the jurisdiction of any \r\nCourt or Magistrate which would have had jurisdiction to take cognizance of the offence if it had \r\nbeen committed on board a Pakistani ship within the limits of its or his ordinary jurisdiction shall \r\nhave jurisdiction to try the offence as if it had been so committed. \r\n \r\nPage 226 of 233 \r\n \r\n \r\n 586. Power to detain foreign ship that has occasioned damage.—(1) Whenever any \r\ndamage has in any part of the world been caused to property belonging to the Government, or to any \r\ncitizen of Pakistan or a company, by a ship other than a Pakistani ship, and at any time thereafter that \r\nship is found in any port or place in Pakistan including the territorial waters thereof, the High Court \r\nmay, upon the application of any person who alleges that the damage was caused by the misconduct \r\nor want of skill of the master or  any member of the crew of the ship, issue an order directed to any \r\nPrincipal Officer, officer of Customs or other person named in the order, requiring him to detain \r\nthe ship until such time as the owner, master or consignee thereof has satisfied any claim in respect \r\nof the damage, or has given security to the satisfaction of the High Court to pay all costs and \r\ndamages that may be awarded in any legal proceedings that may be instituted in respect of the \r\ndamage, and the officer or person to whom the order is directed shall detain the ship accordingly. \r\n \r\n (2) Whenever it appears that, before an application can be made under this section, the ship in \r\nrespect of which the application is to be made will have departed from Pakistan or the territorial \r\nwaters thereof, any Principal Officer or officer of Customs may detain the ship for such time as to \r\nallow the application to be made and the result thereof to be communicated to the officer detaining \r\nthe ship, and that officer shall not be liable for any costs or damages in respect of the detention \r\nunless the same is proved to have been made without reasonable grounds. \r\n \r\n (3) In any legal proceedings in relation to any such damage as aforesaid, the person giving \r\nsecurity shall be made a defendant and shall, for the purpose of such proceedings, be deemed to be \r\nthe owner of the ship that has occasioned the damage. \r\n \r\n 587. Enforcing detention of ship.—(1) Where under this Ordinance a ship is authorised, or \r\nordered, to be detained, any commissioned officer of the Pakistan Navy, or any Principal Officer or \r\nofficer of Customs may detain the ship. \r\n \r\n (2) If any ship after detention, or after service on the master of any notice of, or order for, \r\nsuch detention, proceeds to sea before she is released by competent authority, the master of the ship \r\nshall be liable to a fine which may extend to ten thousand rupees. \r\n \r\n (3) When a ship so proceeding to sea takes to sea, when on board thereof in the execution of \r\nhis duty, any person authorised under this Ordinance to detain or survey the ship, the owner, \r\nmaster or agent of such ship shall each be liable to pay all expenses of, and incidental to, such \r\nperson being so taken to sea, and shall also be liable to a fine which may extend to fifty thousand \r\nrupees. \r\n \r\n (4) When any owner, master or agent is convicted of an offence under sub-section (3), the \r\nMagistrate convicting him may inquire into and determine the amount payable on account of \r\nexpenses by such owner, master or agent under that sub-section, and may direct that the same shall \r\nbe recovered from him in the manner provided for the recovery of fines. \r\n \r\n 588. Levy of wages, etc. by distress of moveable property.––When an order under this \r\nOrdinance for the payment of any wages or other money is made by a Shipping Master or a \r\nMagistrate or other officer or authority, and the money is not paid at the time or in the manner \r\ndirected, the sum mentioned in the order, with such further sum as may be thereby awarded for costs, \r\nmay be levied by distress and sale of the moveable property of the person directed to pay the same \r\nunder a warrant to be issued for that purpose by a Magistrate. \r\n \r\n \r\nPage 227 of 233 \r\n \r\n 589. Levy of wages, fines etc. by sale of ship.––Where any Court or Magistrate or other \r\nofficer or authority has power under this Ordinance to make an order directing payment to be made \r\nof any seaman’s wages, fine, or, other sums of money, then if the person so directed to pay the same \r\nis the master, owner or agent of a ship and the same is not paid at the time or in the manner directed \r\nby the order, the Court or Magistrate or Officer or authority, as the case may be, may, in addition to \r\nany other power it or he may have for the purpose of compelling payment by warrant, direct the \r\namount remaining unpaid to be levied by distress and sale of the ship and her equipment. \r\n \r\n 590. Notice to be given to consular representative of proceedings taken in respect of \r\nforeign ship.––If any ship other than a Pakistani ship is detained under this Ordinance, or if any \r\nproceedings are taken under this Ordinance against the master, owner or agent of any such ship, \r\nnotice shall forthwith be served on the consular officer of the country in which the ship is \r\nregistered, at or nearest to the port where the ship is for the time being, and such notice shall \r\nspecify the grounds on which the ship has been detained or the proceedings have been taken. \r\n \r\n 591. Service of documents.––Where for the purposes of this Ordinance any document is to \r\nbe served on any person, that document may be served— \r\n \r\n(a) in any case, by delivering a copy thereof personally to the person to be served, \r\nor by leaving the same at his place of abode or by post; \r\n \r\n(b)  if the document is to be served on the master of a ship, where there is one. or \r\non a person belonging to a ship, by leaving the same for him on board that \r\nship, with the person being or appearing to be in command or charge of the \r\nship; and \r\n \r\n(c)  if the document is to be served on the master of a ship where there is no \r\nmaster and the ship is in Pakistan, on the managing owner of the ship; or, if \r\nthere is no managing owner, on some agent of the owner residing in \r\nPakistan, or where no such agent is known or can be found, by affixing a \r\ncopy thereof to the mast of the ship. \r\n \r\n 592. Proof of attestation not required.––Where any document is required by this \r\nOrdinance to be executed in the presence of, or to be attested by, any witness that document may be \r\nproved by the evidence of any person who is able to bear witness to the requisite facts without \r\ncalling the attesting witness or the attesting witnesses or any of them. \r\n \r\n 593. Fines to compensate for damages.––A Magistrate or a Court imposing a fine under \r\nthis Ordinance may, if he thinks fit, direct the whole or any part thereof to be applied in \r\ncompensating any person for any detriment which he may have sustained by the act or default in \r\nrespect of which the fine is imposed or in or towards payment of the expenses of the prosecution. \r\n_______________ \r\n \r\nCHAPTER 45.––MISCELLANEOUS \r\n \r\n 594. Shipping Development Fund.—(1) The Federal Government may, by notification in \r\nthe Official Gazette, form a fund to be called the Shipping Development Fund (hereinafter referred \r\nto as the Fund) to be applied towards meeting the expenses of operating the Fund and for granting \r\nloans and financial assistance in any other form–– \r\n \r\n \r\nPage 228 of 233 \r\n \r\n(a)  to persons of the description mentioned in section 13— \r\n \r\n(i)  for the acquisition and maintenance of ships, including modification, \r\nreconstruction and renovation thereof ; and \r\n \r\n(ii)  for meeting any short term requirements. \r\n \r\n(b)  to Pakistani shipyards for the construction of new ships. \r\n \r\n (2) The Federal Government may, by notification in the Official Gazette, make rules \r\nproviding for— \r\n \r\n(a)  the constituting of a committee for the management of the Fund and the \r\nmanner and mode of its working and memberships; \r\n \r\n(b)  the manner and mode of the payments into the Fund; \r\n \r\n(c)  the exemption from liability to pay any taxes by the committee referred to in \r\nclause (a) ; and \r\n \r\n(d)  any other matter which is considered necessary for the smooth operation of the \r\n Fund and the management of the committee referred to in clause (a). \r\n \r\n 595. Fees for establishing training institutions.—(1) For the purpose of establishing or \r\nfinancing institutions for training in the various trades, professions and callings provided for in this \r\nOrdinance, there shall be paid, in the prescribed manner, a monthly fee by the owner of every \r\nPakistani ship at such rate as may be prescribed, not exceeding ten rupees per one hundred units of \r\ngross tonnage and different rates may be prescribed for different classes of ships. \r\n \r\n (2) If any owner fails or refuses to pay such fee, any Principal Officer may detain the ship, \r\nin respect of which the fee has not been paid in accordance with the provisions of sub-section \r\n(1), until such time as the fee payable in respect thereof has been duly paid. \r\n \r\n (3) The Federal Government may, by notification in the official Gazette, make rules \r\nproviding for— \r\n \r\n(a)  the appointment of a committee to administer the proceeds of the fees paid or \r\ncollected under this section; \r\n \r\n(b)  the rates of such fees; \r\n \r\n(c)  the manner in which such fees shall be paid or collected; and \r\n \r\n(d)  such other matter as may be considered, necessary for carrying out the \r\npurposes of this section. \r\n \r\n 596. Inquiry into cause of death on board Pakistani ship.—(1) If any person dies on \r\nboard a Pakistani foreign-going ship, the Shipping Master at the port where the crew of the ship is \r\ndischarged, or the Shipping Master at any earlier port of call in Pakistan shall, on the arrival of the \r\nship at that port, inquire into the cause of death, and shall make in the official log-book an \r\n \r\nPage 229 of 233 \r\n \r\nendorsement to the effect, either that the statement of the cause of death in the log-book is in his \r\nopinion true, or the contrary, according to the result of the inquiry. \r\n \r\n (2) If, in the course of any such inquiry, it appears to the Shipping Master that a death has \r\nbeen caused on board the ship by violence or other unlawful act, he shall either report the matter to \r\nthe Federal Government or, if the emergency of the case so require, take immediate steps for \r\nbringing the offender to trial. \r\n \r\n (3) For the purposes of an inquiry under this section the Shipping Master shall have all \r\nsuch powers as are specified in sub-section (3) of section 471. \r\n \r\n 597. Power to appoint examiners and to make rules as to qualifications of surveyors.–– \r\nThe Federal Government may appoint competent persons for the purposes of examining the \r\nqualification of persons desirous of practicing the profession of a surveyor at any port in Pakistan, \r\nand may make rules— \r\n \r\n(a)  for the conduct of such examinations and the qualifications required ; \r\n \r\n(b)  for the grant of certificates to qualified persons ; \r\n \r\n(c)  for the fees to be paid for such examinations and certificates ; \r\n \r\n(d)  for holding inquiries into charges of incompetency and misconduct on the part \r\nof holders of such certificates; and \r\n \r\n(e)  for the suspension and cancellation of such certificates. \r\n \r\n 598. No person to practise as surveyor unless qualified.––No person shall practise the \r\nprofession of a surveyor in any port in Pakistan unless he holds a certificate granted under section \r\n597: \r\n \r\n Provided that nothing herein contained shall prevent any person employed by a classification \r\nsociety which the Federal Government may, by notification in the official Gazette, specify in this \r\nbehalf, from discharging any of the duties of such employment. or apply to any person specially \r\nexempted by the Federal Government from the operation of this section. \r\n \r\n 599. Penalty for practising as surveyor without certificate.––Any person practising the \r\nprofession of a surveyor in contravention of the provisions of section 598 shall, for each offence, be \r\npunishable with fine which may extend to five thousand rupees, and shall not be entitled to maintain \r\nany suit for any fee or reward for anything done by him. \r\n \r\n 600. Powers of person appointed or authorised to survey ships.––Any person appointed \r\nor authorised under this Ordinance to survey any ship may, in the execution of his duties, go on \r\nboard the ship and inspect the same and every part thereof, and the machinery, equipment and cargo, \r\nand may require the unloading or removal of any cargo, ballast or equipment. \r\n \r\n 601. Decision of consular officer to be final until ship returns to the final port of \r\ndischarge in Pakistan.––The decision of a Pakistan consular officer on any matter under this \r\nOrdinance shall be final and shall not be called in question in any Court or before any authority \r\n \r\nPage 230 of 233 \r\n \r\nuntil the ship in respect of, or in relation to, which such decision is taken, returns to the final port of \r\ndischarge in Pakistan. \r\n \r\n 602. Penalty for hindering or obstructing execution of duties, etc.––If any person hinders \r\nor obstructs any Judge, assessor, officer or other person who is empowered by this Ordinance to \r\nconduct an inquiry or investigation or to go on board, survey, inspect or detain a ship, or otherwise \r\nimpedes him in the execution of his duties or the exercise of his powers under this Ordinance, he \r\nshall, for each offence, be liable to a fine which may extend to fifty thousand rupees. \r\n \r\n 603. General power to make rules or regulations and penalty for breach thereof.—(1) \r\nWithout prejudice to any power to make rules or regulations contained elsewhere in this Ordinance, \r\nthe Federal Government may, by notification in the official Gazette, make rules or regulations to \r\ncarry out the purposes of this Ordinance. \r\n \r\n (2) In making a rule or regulation under this Ordinance, the Federal Government may direct \r\nthat any breach of the provisions thereof shall, unless a penalty for such breach has been \r\nexpressly provided in this Ordinance, be liable to a fine which may extend to ten thousand rupees \r\nand, if the breach is a continuing one, with an additional fine which may extend to five thousand \r\nrupees for every day after the first during which such breach continues. \r\n \r\n 604. Power to appoint officers to try certain offences, etc.—(1) Notwithstanding \r\nanything contained in the Code of Criminal Procedure, 1898 (Act V of 1898), or any other law \r\nfor the time being in force, the Federal Government may, by notification in the official Gazette, \r\nappoint one or more officers to try, within such local areas as may be specified therein, an offence of \r\nany breach of, or failure to comply with, any rule for the safety of ship or of crew, passengers, \r\ngoods, mails and other things carried thereon, or for preventing ships from endangering other ships, \r\npersons or property ; and any such officer trying an offence shall, for the purpose of the trial, be \r\ndeemed to be a Magistrate of the first class appointed under the Code and any proceedings before, \r\nand any sentence passed by him shall have effect accordingly. \r\n \r\n (2) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of \r\n1898), an officer appointed under sub-section (1) may try an offence in a summary way in \r\naccordance with the procedure laid down for summary trial in the said Code. \r\n \r\n (3) Where an officer has been appointed under sub-section (1) to try an offence specified \r\ntherein, no court other than such officer shall try such offence. \r\n \r\n 605. Power to exempt ships from the provisions of the Ordinance.––Notwithstanding \r\nanything contained in this Ordinance, the Federal Government may, upon such conditions. if any, as \r\nit may think fit to impose, exempt any ship from any specified requirement contained in, or \r\nprescribed in pursuance of, this Ordinance, or dispense with the observance of any such \r\nrequirement in the case of any ship, if it is satisfied that, that requirement has been \r\nsubstantially complied with or that compliance with the requirement is unnecessary in the \r\ncircumstances of the case. \r\n \r\n 606. Power to constitute committees to advise on rules, regulations and scales of \r\nfees.—(1) The Federal Government may, if it thinks fit, constitute one or more committees \r\nconsisting of such number of persons as it may appoint thereto representing the interests principally \r\naffected or having special knowledge of the subject matter, for the purpose of advising it when \r\n \r\nPage 231 of 233 \r\n \r\nconsidering the making or alteration of any rules, regulations or scales of fees under this \r\nOrdinance or for any other purpose connected with this Ordinance. \r\n \r\n (2) There shall be paid to the members of any such committee such travelling and other \r\nallowances as the Federal Government may fix. \r\n \r\n (3) Committees may be constituted under this section to advise the Federal Government \r\neither generally as regards any rules, regulations or scales of fees or as regards any class or classes \r\nof rules, regulations or scales of fees in particular or for any other purpose connected with this \r\nOrdinance. \r\n \r\n 607. Protection of persons acting under Ordinance.––No suit or other legal proceeding \r\nshall lie against any person for anything which is in good faith done or intended to be done under \r\nthis Ordinance. \r\n \r\n 608. Removal of difficulties.––If any difficulty arises in giving effect to the provisions of \r\nthis Ordinance, in so far as they relate to any Conventions referred to in this Ordinance, the Federal \r\nGovernment may, by notification in the official Gazette, make such provisions not in-consistent with \r\nthe provisions of this Ordinance, as appear to be necessary or expedient for removing the difficulty \r\nand giving effect to the provisions of such Convention: \r\n \r\n Provided that no such order shall be made under this section after the expiry of three years \r\nfrom the coming into force of this Ordinance. \r\n \r\n 609. Power to make rules with respect to maritime international conventions.–– The \r\nFederal Government may, by notification in the official Gazette, make rules, not in-consistent with \r\nthe provisions of this Ordinance, or the rules or regulations made thereunder, for implementing the \r\nprovisions of the maritime international conventions ratified by Pakistan. \r\n_____________ \r\n \r\nPART XVI \r\n \r\nCHAPTER 46.––REPEALS AND SAVINGS \r\n \r\n 610. Repeals and savings.—(1) Subject to the provisions of sub-section (2), the laws \r\nspecified in Part I of the Schedule to this Ordinance, and the enactments specified in Part II thereof \r\nin so far as they extend to, and operate as part of the laws of Pakistan or any part thereof, are hereby \r\nrepealed. \r\n \r\n (2) Notwithstanding the repeal of any enactment by sub-section (1)— \r\n \r\n(a)  any notification, rule, regulation, bye-law, order or exemption issue, made or \r\ngranted under any such enactment shall have effect as if it had been issued, \r\nmade or granted under the corresponding provision of this Ordinance ; \r\n \r\n(b)  any official appointed and any body elected or constituted under any such law \r\nshall continue and shall he deemed to have been, appointed, elected or \r\nconstituted, as the case may be, under the corresponding provision of this \r\nOrdinance ; \r\n \r\n \r\nPage 232 of 233 \r\n \r\n(c)  any document referring to any enactment hereby repealed shall be construed \r\nas referring, as far as may be, to this Ordinance, or to the corresponding pro- \r\nvision of this Ordinance ; \r\n \r\n(d) mortgages of ships recorded in any register book maintained at any port of \r\nPakistan under any enactment hereby repealed shall be deemed to have been \r\nrecorded in the register book maintained under the corresponding provision of \r\nthis Ordinance; and \r\n \r\n(e)  any licence, certificate of competency or survey, A or B certificates, safety \r\ncertificate,, radio telegraphy certificate, radio telephone certificate, safety \r\nequipment certificate, exemption certificate, international or Pakistan load line \r\ncertificate, or document issued made or granted under any enactment hereby \r\nrepealed shall be deemed to have been issued, made or granted under this \r\nOrdinance and shall, unless cancelled in pursuance of the provisions of this \r\nOrdinance, continue in force until the date specified in the certificate or \r\ndocument. \r\n \r\n_______ \r\nTHE SCHEDULE \r\n(See section 610) \r\nENACTMENTS REPEALED \r\n(A) PART I.__ PAKISTAN LAWS \r\n1.  The Coasting Vessels Act, 1838 (XIX of 1838). \r\n2.  The Registration of Ships Act, 1841 (X of 1841). \r\n3.  The Registration of Ships Act, 1841 Amendment Act, 1850 (XI of 1850). \r\n4.  The Merchant Shipping Act, 1923 (XXI of 1923). \r\n5.  The Merchant Seamen (Litigation) Act, 1946 (XXI of 1946). \r\n6.  The Merchant Shipping (National Colours) Act, 1949 (V of 1950). \r\n7.  The Control of Shipping Ordinance, 1959 (XIII of 1959). \r\nB. PART II \r\n1.  Merchant Shipping Act, 1894 (57 & 58 Vic. c. 60). \r\n2.  Merchant Shipping Act, 1897 (60 & 61 Vic. c. 59). \r\n3.  Merchant Shipping (Liability of Ship owners) Act, 1898 (61 & 62 Vic. c. 14). \r\n4.  Merchant Shipping (Mercantile Marine Fund) Act, 1898 (61 & 62 Vic. c. 44). \r\n \r\nPage 233 of 233 \r\n \r\n5.  Merchant Shipping (Liability of Ship owners and others) Act, 1900 (63 & 64 Vic. c. \r\n32). \r\n6.  Merchant Shipping Act, 1906 (6 Edw 7 c. 48). \r\n7.  Merchant Shipping Act, 1907 (7 Edw 7 c. 52). \r\n8.  Merchant Shipping (Seamen’s Allotment) Act, 1911 (1 to 2 Geo 5 c. 8). \r\n9.  Merchant Shipping Act, 1911 (1 & 2 Geo. 5 c. 42). \r\n10.  Merchant Shipping (Certificates) Act, 1914 (1 & 2 Geo. 5 с. 57). \r\n11.  Merchant Shipping (Certificates) Act, 1914 (4 & 5 Geo. Sc. 42). \r\n12.  Merchant Shipping (Salvage) Act, 1916 (7 & 7 Geo. 5 c. 41). \r\n13.  Merchant Shipping (Wireless Telegraphy) Act, 1919 (9 & 10 Geo. 5 с. 38). \r\n14.  Merchant Shipping Act, 1921 (11 & 12 Geo. 5 c. 28). \r\n15.  Merchant Shipping Acts (Amendment) Act, 1923 (13 & 14 Geo. 5 c. 40). \r\n16.  Merchant Shipping (Equivalent Provisions) Act, 1925 (15 & 16 Geo. 5 с. 37). \r\n17.  Merchant Shipping (Safety and Load Line Conventions) Act, 1932 (22 & 23 Geo. 5 c. \r\n9). \r\n18.  Merchant Shipping Act. 1937 (1 Edw. 8 & 1 Geo. 6 c. 23). \r\n19.  Merchant Shipping (Superannuation Contribution) Act, 1937 (1 Geo. 6 c. 4). \r\n20.  Merchant Shipping (Salvage) Act, 1940 (3 & 4 Geo. 6 c. 43). \r\n \r\n_______ \r\n \r\n \r\n \r\n \r\n \r\n \r\n \r\nRGN Dated- 08-10-2025",
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