Early Reports.
(1) The Administrative Authorities and Senior Officers shall provide the Chief of the Naval Staff with very early official information of any serious accident or occurrence within their commands in which Indian Naval Ships or Naval personnel and others paid from Defence Services Estimates are in any way concerned, and which may be liable to form the subject of comment in Parliament/a Legislature in any State of India, or in the Press.
(2) Some incidents, though trivial in themselves, may possess news value.
Examples of the type of incident on which information should always be given are as follows: -
(a) Disturbances of any kind in which members of the Naval Service are involved.
(b) Collisions involving Indian Naval Ships.
(c) Despatch of Indian Naval Ships to render assistance to any civil authority.
(d) A disturbance on the high seas in a merchant vessel with a request to Indian Naval Ships for assistance.
(e) Strikes and other incidents involving civilians paid from Defence Services Estimates.
(3) When it is not possible for a full account of any incident to be rendered before the facts have been thoroughly examined, it is of the greatest importance that even an incomplete account should be signaled at the earliest moment, followed in due course by any detailed report considered necessary.
(4) Where a ship is not in company with a Senior Officer, the Commanding Officer shall inform the Chief of the Naval Staff direct by priority signal, as well as the Administrative Authority and such other authorities as may be laid down in local orders.
CHAPTER 35 QUARANTINE AND CUSTOMS REGULATIONS Section Regulations I. Quarantine 3501 – 3505 II. Customs Regulations 3506 – 3511 SECTION I – QUARANTINE
3501. Compliance With Local Regulations. (1) Officers in command of flotillas, squadrons or single ships shall be very careful when arriving at a port, whether commonwealth or foreign, to comply strictly with all local regulations relative to quarantine; in cases of doubts, and when the local regulations may not be known, no communication should be held with the shore, with boats or with other ships, until a sufficient time has elapsed to allow of the visit of the Health officer.
(2) When Quarantine Flag to be Flown. If the ship or ships shall have arrived from an infected port, or shall have any infections or contagious disease on board, or shall have communicated with a ship from an infected port, or with contagion or infection on board, the quarantine flag shall be hoisted and kept flying until pratique is received.
The following detailed procedure should be observed in this respect: -
(a) Indian Naval Ships when within easy signaling distance of the Port Signal Station should hoist flag Q, if healthy, and the Port Signal Station should have orders that it shall be immediately answered by the Signal T.Q. At night the same signal shall be made by flashing.
(b) If the ship is unhealthy, she should make the QQ or QL signal which the Port Signal Station should answer immediately. The signal will the n be hauled down in the ship. At night the same signal will be made by flashing. After anchoring, the ship will display them appropriate flag signal (QQ or QL), or the appropriate light signals at night, until the Port Health officer has boarded. This should be done without delay.
(3) Every facility shall be afforded to Health officers when performing their duties.
3502. Bill of Health. Before a ship sails for any port outside India, the Captain will take care to obtain a bill of health from the Port Health officer.
3503 – 3505. Blank.
SECTION II – CUSTOMS REGULATIONS
3506. Non-observance of Customs Regulations. (1) Any or sailor belonging to Indian Navy, and borne on the books of, or embarked for passage in any of Indian Naval Ships, who shall fail to comply with, o whom shall commit a breach of the Customs Regulations, either by smuggling, or attempting to smuggle, dutiable goods, or in any other way evading or attempting to evade such regulations, will be liable to disciplinary action.
(2) The Captain shall investigate without delay any breach of the customs regulations on the part of an officer, or sailor and forward a report thereon to the Administrative authority for onward transmission to the Chief of the Naval Staff.
(3) Notice as to Dutiable Goods. A notice shall be posted in conspicuous parts Indian Naval Ships to the effect that dutiable goods unshipped or landed without due authority from the customs officers, are liable to seizure, and the offending persons to punishment under the Navy Act, 1957, and penal action under the Customs Act, 1962 (Act No.52 of 1962) and that IN personnel shall acquaint themselves with the customs regulations of a port before they unship or land dutiable goods.
3507. Searches for Contraband (Including Dutiable Articles not Declared or Misdeclared). (1) Under the law a Customs officer has the right to go aboard Indian Naval Ships and search for contraband. Commanding officer shall render every assistance to the Customs officers in carrying out such searches.
(2) On arrival on board, the Customs officers will report to the Commanding officer. He shall ensure that an officer or a petty officer accompanies the customs officers while the search is in progress. The Captain shall give them every possible assistance in discovering such articles of contraband as may be on board, and shall ensure that they are allowed to execute their duty without obstruction, The customs authorities, on the other hand will ensure that their officers will exercise their right of search with circumspection, and will only proceed to a detailed search when information available with them renders such a course necessary.
(3) When the Customs officers have finished their examination they will, accompanied by the officer or petty officer detailed in accordance with sub-regulation
(2), see the Commanding officer before leaving the ship, and shall furnish him with particulars of any irregularity discovered by them to enable prompt inquiries being made.
3508. Provisions and Stores. (1) Unless the provisions and stores are obtained from bonded stock (in which event no import duty is payable), a drawback of the whole of the customs duties will be allowed on provisions and stores intended for the consumption of Naval personnel on board any of Indian Naval Ships in accordance with the provisions of section 90 of the Customs Act 1962 and the rules made thereunder.
Note: Provisions and stores obtained from bonded stock without payment of duty are intended for consumption by Naval personnel borne on the books of the ship only. If these are served to persons other than persons of that ship, customs duty is payable. Commanding officer should ensure that appropriate duty is defrayed to the customs authorities concerned when such provisions and stores are served to nonentitled persons.
(2) Receipt of Stores. (1) All dutiable mess and canteen stores must be entered in the gangway book which must be produced on request to Customs officers.
The shipping bills forwarded by the Customs officer must be completed by a receipt signed by the responsible commissioned officer and countersigned by the Commanding officer, and be responsible commissioned officer and countersigned by the commanding officer, and be returned by the latter immediately to the Customs officer. See regulation 3511, sub regulation (1). This receipt is accepted as evidence that the stores have been shipped, and the Customs rely on Naval officers verifying the particulars of dutiable stores before certifying to their receipt on board.
3509. Conveyance of Packages. (1) Packages shall not be received on board any of Indian Naval Ships for conveyance without the knowledge and approval of the Captain. The Captain shall see that the contents are stated on the package lists of all packages containing anything but letters, the contents of all packages included shall be stated on the package list of each bag.
(2) Merchandise. So far as possible, such packages shall be limited to articles brought or sent by Naval, Army and Air Force officers and Government officials, to their friends, and the shipment of anything in the way of merchandise is distinctly forbidden.
(3) The Government accept no responsibility for damage or loss by pilfering or otherwise for goods purchased from private firms for individual officers, messes, etc., deposited in Government establishments, and any expense incurred in connection with the handling of such goods will be recovered from the officer or officers concerned. Ordinary commercial facilities for the dispatch of private goods to officers, messes, etc., shall be employed and such stores shall not be consigned to the care of the Naval Store officer.
(4) Landing Packages. Unless previously cleared on board, all such packages shall be landed within 48 hours of the ship’s arrival in harbour and removed to the Customs baggage warehouse to await the authority of the Customs for deliver.
3510. Arrival from a Foreign Port. (1) Forty-eight hours before an Indian Naval Ship returning from a foreign port is due to enter any port in India, the Captain, and where IN ships are in company, the Senior Indian Naval Officer, shall by signal, request the Administrative Authority of the port, to arrange for Customs Authorities to come on board the ship/ships on arrival, as convenient, with a view to get the personnel on board to comply with the Customs Regulations and for the purpose of taking duty. Where duty has been paid onboard, a landing pass is not required, but the receipt of the Customs officer must be reproduced if asked for on or after landing .
Note: Officers and sailors of the ship’s company will be allowed to retain reasonable quantities of dutiable goods declared on the prescribed from, on the clear understanding that they are for use on board only and shall not be landed except under customs authority. Dutiable goods in excess of the quantities allowed duty free for use on board must be cleared on payment of duty, as soon as possible after arrival from foreign ports or placed in bond. Any of the ship’s company found with dutiable goods not so declared are liable to disciplinary action.
(2) Each officer and sailor shall render a baggage declaration from in respect of dutiable goods brought home by him in the ship. Wherever duty is leviable on goods brought in along with bonafide baggage, such goods will be declared.
(3) The following returns will be furnished to the customs: -
(a) A list (or a “Nil” return) of Naval Stores acquired abroad intended for landing.
(b) A list (or a “Nil” return) of unaccompanied baggage and cargo for landing (the term ”Cargo” also includes Government stores other than Naval Stores carried in the vessel). The actual customs clearance will be effected on the usual statutory documents.
3511. Unshipment and Landing of Dutiable Goods. (1) The following rules govern the unshipment and landing of dutiable goods from Indian Naval Ships, and any breach of them without customs permission may be treated as a smuggling offence.
(2) If it is desired to reland any dutiable stores, other than victualling or Naval stores e.g., mess and canteen stores for return to the merchant supplying them, previous notice shall be given to the Collector of Customs at the intended port of landing, who will then make the necessary arrangements. Before any dutiable goods the property of a private or official personage, are landed at the conclusion of a voyage in one of Indian Naval Ships, the same procedure shall be followed.
(3) Transfer of Dutiable Stores from one Ship to Another. In Indian waters, then transfer of such stores from one of Indian Naval Ships to another will not be allowed unless both ships are at the same port.
(4) Except as provided in sub-regulations (2) and (6), officers and sailors may not unship or land dutiable goods unless either: -
(a) Duty has previously been paid.
(b) The written orders of a commissioned officer of the ship have ben obtained.
(5) Proceeding on Leave. Officers and sailors and sailors proceeding on leave must produce to the customs officers on demand all dutiable goods in their possession.
(6) Landing on Duty. When it is necessary to land dutiable stores on the public service, an application should be forwarded to the Collector of Customs by a responsible commissioned officer of the ship, stating the number and description of the package(s) and their contents, the value of the goods, and the name or names of the persons to whom the goods belong.
(7) Parcel Post. No dutiable goods may be posted on board Indian Naval Ships in Indian waters, unless the full duty thereon has previously been paid to a Customs officer, and his receipt obtained. Private parcels posted from Indian Naval Ships in Indian waters shall have the name of the ship and the sender’s name, rank and personal number where applicable clearly written on the outside. Private parcels posted on board Indian Naval Ships in foreign waters must be accompanied by a customs declaration form. Commanding officers should hold the ship’s Regulating staff, responsible for checking the accuracy of the information as to sender’s name, etc., which is noted on the parcel or on the Customs declaration form.
(8) Officers and Sailors residing on Shore. The landing of dutiable goods for officers and sailors whose duties compel them to reside onshore is prohibited.
3512. Observance of customs and foreign Exchange Regulations. (1) It is the express responsibility of every Commanding officer to ensure strict observance of the customs and foreign exchange regulations by all naval and civilian personnel on board his ship and to institute measures for preventing smuggling.
(2) Commanding officers are to issue comprehensive instructions for the observance of foreign exchange and customs regulations by all personnel on board during a foreign cruise, together with the warning that, any infringement of these regulations would attract severe disciplinary action.
CHAPTER 36 SALVAGE SERVICES – GENERAL
3601. Salvage Services. Salvage services are services rendered by persons by whose assistance a ship, its apparel, cargo or wreck, lives of people on board thereof, has been saved when in danger, either at sea or in tidal waters or on the shores thereof. It is not necessary that the danger should be imminent; it is sufficient if, at the time when the services are rendered, then ship has encountered any danger or misfortune which might possibly expose her to injury or destruction if the services were not rendered. Services rendered to ships not amounting to salvage services will in this chapter be referred to as “Assistance”.
3602. Aircraft. The law relating to wreck and to salvage of life or property and to the duty of rendering assistance to vessels in distress applies to aircraft on or over the sea of tidal waters as it applies to vessels. The instructions contained in this chapter are to be read as applying to the salvage of or assistance rendered to aircraft and to salvage services or assistance rendered by aircraft.
3603. Receiver Of Wreck. On any vessel being standard or in distress at any place on the shore of the sea or of any tidal water within India, it is the duty of every officer or sailor in the neighbourhood present at the wreck to obey the directions of the Receiver of Wreck or of the person duly authorised to act in his behalf and to afford him every assistance in the performance of the duties imposed upon the Receiver by sections 390 to 401 of the Merchant Shipping Act, 1958.
SALVAGE SERVICES RENDERED TO PRIVATE SHIPS
3604. Aid to Ships in Danger. (1) All officers and sailors of the Indian Navy are to afford every possible aid to vessels in danger, distress or in want of assistances, and in saving life. They are to use their best efforts to save and protect property on board any vessel in danger or distress and, if necessary, to remove such property to a place of safety. Though there may well be other valid considerations in time of war, public economy and policy require that in time of peace Indian Naval Ships should not take action in this respect to the prejudice of any private ship which may be present and capable of affording effective help.
(2) When assistance from Naval sources has been dispatched and has been accepted by the Master of the vessel and there is reasonable hope of saving the vessel or her cargo, salvage operations are to proceed without delay in order to prevent any deterioration in the ship’s position. The service will be governed by the terms of the Standard Form of Salvage Agreement in Form 1 set forth in Appendix 6 (hereinafter referred to as the Government of India Standard Form of Salvage Agreement) and any subsequent deviation will be a matter for arrangement with ship owners either by the Central Government or under instructions of the Central Government.
(3) Whether or not any salvage agreement has been signed, nothing which may be done to assist the vessel can in any way prejudice the Central Government’s right to discontinue operations or to continue on such terms only as may be agreed between the parties.
3605. Salvage Agreement. When salvage services or assistance is rendered to a private vessel by any Indian Naval Ship or by any vessel belonging to the Central Government or by any vessel hired on conditions which amount to a demise to the Central Government, the Captain or owner or agent of the private vessel should be asked to sign Government of India Standard Form of Salvage Agreement, a supply of which should be kept on board all vessels which are likely to require them. It is important that this agreement should be signed before the operations commence, if reasonably possible, but where insistance on this condition would entail danger to human life, or is for other reasons impracticable, every endeavour should be made to make it clear at the time to the owner or Captain of the vessel that the services are being rendered subject to the terms of the agreement, which should then b e signed later, and if practicable, before the termination of the salvage operations.
3606. Right to Claim Salvage. Under Section 402 of the Merchant Shipping Act, 1958 when salvage service are rendered by or on behalf of the Government or by a vessel of the Indian Navy or the Commander or crew of any such vessel, the Government, the Commander or the crew, as the case may be, shall be entitled to salvage and shall have the same rights and remedies in respect of those services as any other salvour provided that the services are rendered: -
(a) Wholly or in part within the territorial waters of India in saving life from any vessel, or elsewhere in saving life from a vessel registered in India.
(b) In assisting a vessel or saving the cargo or equipment of a vessel which is wrecked, stranded or in distress at any port or place in India or within the territorial waters of India.
(c) By any person other than the receiver of the wreck in saving anay wreck.
3607. Report by Signal. (1) Short report of the services is to be made immediately to the Chief of the Naval Staff by signal stating in addition to the nature of the services.
(a) The Name of the salved ship, the name of her owners, the port which she belongs and the nature of her cargo, if any.
(b) Where she lies.
(c) Whether Government of India Standard Form of Salvage Agreement has been signed or whether it is desired that this should be done on reaching a port.
(d) Whether bail or security has been given and for what amount bail has been given or should be required.
(e) If the Government of India Standard Form of Salvage Agreement has not been signed, whether the vessel or property has been arrested. (See also regulation 3608).
(f) Whether a claim will be made on behalf of any of the officers and sailors engaged stating, if so, whether it is desired that the Central Government Solicitor should represent them.
(2) Interim Reports by signal. Where salvage operations extend over more than a few days, the chief of the Naval Staff is to be kept fully informed by signal of the progress of the work and of the prospects of success.
(3) A full report is to be made in writing at the first opportunity through normal channels, one copy being sent direct to the Chief of the Naval Staff by the quickest method. The incident is to be described in detail in narrative form and the services rendered are to be shown in chronological order. In addition to the information sent by signal, the report is to contain full reference to dates and time and is to be accompanied by a copy of the ship’s log for the relevant [period. It is to cover in detail all operations from day to day and, in particular, include the following information: -
(a) Whether the service was rendered at the request of the vessel receiving it or on whose instructions it was rendered.
(b) Name and description of the disabled ship, name and address of her owners, the position (i) in which the casualty occurred and (ii) in which assistance was first rendered, the cause of the casualty, the extent to which the vessel was disabled and all factors relevant in assessing the damages which the vessel would have encountered if the services had not been rendered.
(c) The extent of the damage to the ship with the fullest possible description including statement of any compartments flooded.
(d) Details of weather conditions : wind, tide, sea, etc., showing in what respects these conditions made the operations more difficult or dangerous.
(e) Description of all the services rendered.
(f) Any conditions making the work or any part of it more arduous or dangerous.
(g) Whether any of the officers and sailors involved are desirous of claiming salvage. If so, the report should contain a complete and verified list in duplicate of all officers and sailors on board at the time of the operation together with a list of the persons who on the material date were absent on duty otherwise. Full names of all persons concerned together with their rank is and numbers, if any, should be furnished. Officers and sailors who performed special services, e.g., boat boarding and steaming parties should specially be indicated.
3608. Enforcement of claims. (1) When the salvage services have been completed the first step is to obtain ball or security for the amount of the salvage likely to be awarded to the Government and personnel salvors. Subject to subregulation (4) of this regulation, the salvors should not consent to the release of the vessel or property salved until they have been informed that proper security has been given. This is important when the services are rendered to a foreign ship. The Central Government Solicitor or the Chief of the Naval Staff’s reference to him of the report by signal; mentioned in regulation 3607 will normally obtain bail to cover the claims of the Government and officers and sailors whom he is to represent.
(2) If the salvage agreement has not been signed, and if it is likely that the salved ship or cargo will be removed before action can be taken by the Central Government Solicitor, or advice can be received from him and the Master, owners or agents of the vessel salved will not provide a satisfactory guarantee or security, the salvors should, subject to sub-regulation (4) take such steps as may be necessary to get the salved ship and cargo arrested or detained by the local court or detaining officer at the nearest port until bail or security is given.
(3) If the salvage agreement has been signed, the provision of clause (7) of the agreement must be carefully observed. Only if an attempt is made, or is known on good evidence to be contemplated, to remove the property salved without the consent of the Government before security has been given, it is justifiable to arrest or detain the vessel and or cargo. If such an attempt is made or is believed to be contemplated steps should be taken to enforce the possessory lien conferred on the Government by clause (7) of the agreement by placing an officer on board the salved ship, if this can be done without the exercise of force. If notwithstanding this action, the intention to remove the vessel or cargo is apparent, the vessel and/or cargo may be detained by legal process until bail or security has been given.
(4) If the salvage agreement has been signed and the vessel salved belongs to owners of good standing and reputation of whatever nationality, she should not in any circumstances be arrested or detained without the authority of the Government. This provision also applies to vessels belonging to Indian owners of good standing and reputation even if the salvage agreement has not been signed.
3609. Processing of Claim. When a claim is made by the Government, officers and crew of Indian Naval Ships or any other vessels belonging to the Government or hired by the Government on conditions amounting to a demise to the State and officers attached to shore establishments are at liberty to utilise for the purpose of their personal claims the services of the Government Solicitor to whom a letter of retainer should be sent direct by the Commanding officer of the ship or the vessel or other officer. These services will only be given on the terms that the Central Government Solicitor may enforce compromise or withdraw the claim as he in his absolute discretion may think advisable and without prior communication with the officers and sailors concerned. Where a lump sum is recovered in respect of the joint claims of the Government and of officers and sailors represented by the Central Government Solicitor, his apportionment of that sum as between the respective claimants or groups of claimants must be accepted without question. The names, ranks and numbers of those on whose behalf the claim is to be made should be furnished in duplicate and reference should be made to those who performed any special services. This list is required in addition to that referred to in regulation 3607(3) (g).
3610. Salvage Services Rendered Abroad. (1) If the services have been rendered abroad and the steps recommended in regulation 3608 have proved abortive, it will be necessary to adopt one or other of the methods hereinafter stated.
(2) The salvour should first endavour to obtain in Form 2 given in Appendix 6 the agreement of the Master of the vessel salved to abide by the decision of a High Court in India and if necessary to give his bond with security to answer the claim against the vessel and her cargo and freight in such manner and in such sum as may be agreed on by the parties to the agreement. This is a course which it will be found very desirable to take when the destination of Indian Naval Ship and of the vessel salved are such that they cannot without inconvenience to one or both proceed to a place where there is a consular officer or judge.
(3) Such an agreement involves the abandonment by the salvor of his lien upon the ship, cargo or property salved; therefore, if the vessel or cargo salved is owned by persons not domiciled in India, the master should provide a guarantee of a reliable bank or other security for the due performance of the agreement to the satisfaction of the salvor, and for the payment to the salvor of any amount found or agreed to be due. The sum inserted in the agreement must depend on circumstances, it should not in any case exceed one half of the value of the property salved, and such maximum should be required only in exceptional circumstances. Rs.50,000 should be included to cover costs.
(4) On the agreement being made, the salvor and the Master must respectively make statements in writing, which need not be on oath, specifying so far as possible, and so far as they are applicable, the particulars of the ship, cargo, salvage services etc., as laid down in Form 3 of Appendix 6. Should the parties be unable to give all the particulars, the reasons for omitting any of them should be stated.
(5) The salvor must, as soon as practicable, transmit the agreement and statements to Government Solicitor so as to enable him to take steps in the court in which the agreement is to be adjudicated upon.
3611. Detention of Ship. (1) If the salvor is unable to obtain from the Master the agreement above referred to or from the owners or agents of the vessel salved a satisfactory guarantee for the payment of any salvage which may be awarded, he may take the vessel to some foreign port where there is a consular officer, or to some Indian port where there is a court having jurisdiction of the Admiralty; and in so doing, the salvor is, so far as his primary duty to the Government Solicitor permits, to be guided by the convenience of the vessel salved. Within 24 hours after arriving at such port, the salvor, and the Master or other person in charge of the property alleged to be salved, are each to deliver to the consular officer or to the Judge of the court having jurisdiction of the Admiralty, a statement containing so far as possible, the particulars set out in Form 3 Appendix 6. In this case the statement must be on oath.
(2) Upon receiving these statements, the consular officer or judge must proceed within four days to fix the amount of the bond in such sum as he thinks sufficient to answer the demand for salvage service and to cover any additional claim for costs. In doing this, he is instructed to remember that the claim will have to be decided by the court to which the matter is referred after the consent of the Central Government shall have been obtained, and that for an Indian vessel the only security required is a bond by the Master. For an Indian vessel therefore, hem is to fix a sum which will cover the claim actually made by the salvor, with an additional of about Rs.50,000/- for costs. For a foreign vessel, where sureties are required, it is important that the amount secured should not be excessive and the consular officer or judge is therefore, to exercise special discretion. He should approximate as nearly as he can to what he considers sufficient compensation for the services rendered; and will be guided, so far as he has the means an d knowledge by the rules which ordinarily guide the court exercising jurisdiction of the Admiralty in such cases, adding to the amount Rs.50,000/-n or thereabout to cover the costs. He is to remember that the bond being substituted for the property by way of security for the claim, the amount should be large enough to cover it; on the other hand that no award is ever made exceeding one half of what is considered to be the true value of the property salved.
Should either party fail to make the statement referred to in sub-regulation (1) within 24 hours after arrival at the port, the consular officer or Judge may proceed exparte, but he should not, except in pressing circumstances, do so without giving notice; and if the property or vessel salved is to be sold, he is to allow a reasonable time for the purpose of giving the particulars of the sale. He has no power ever to require the cargo to be unladen.
(4) Should the consular officer of Judge require additional information, he may examine the parties or witnesses upon oath and the evidence is then to be taken in writing, and is to be attached to or to accompany the statements.
(5) When the consular officer or judge has determined the amount, he is to give notice to the parties to cause a bond to be prepared in the form of the agreement set out in Form 2 of Appendix 6 and to see that it is properly filled yup with the particulars as given to him and with the sum which he has determined. If the parties wish that the cause should be adjudicated upon in any court of the Indian Union, the name of the court and the place for which it acts, is to be inserted in the bond, If not, any High Court in India will be the court to adjudicate upon it. This bond must be executed by the Master in the presence of the consular officer or Judge, and must be attested by him. The consular officer or Judge will then deliver it to the salvor and thereupon the lien of the salvor on the property will cases and his remedy will be upon the bond.
(6) Should, however, the vessel or property salved be owned by persons who reside in any foreign country, such additional security must be given as the consular officer or Judge may approve; for this purpose, it is his duty to see that the persons giving the security are solvent persons and that the security is one which is capable of being enforced in an Indian Court of Justice. When duly accepted and attested, it must be given to the consular officer, or judge, or should the salvour so desire, it must be placed in the joint possession of the consular officer, the Judge, and any other person whom the salvor may appoint for the purpose, to be dealt with afterwards as the court which shall adjudicate upon it may direct.
(7) If the Master or other person in-charge of the salved property is still unable or unwilling to execute the bond in the form set out in Form 2 of Appendix 6, in such amount as the consular officer or Judge shall fix, the salvor is free to take proceedings in the court having jurisdiction over the place where the salved vessel or property is at the time of the institution of the proceedings and to proceed to judgement, and may detain the salved vessel or property through the proper officer of the court until the claim is satisfied or security given.
3612. Distribution of Salvage Award. All salvage remunerations whether received from the court or as a result of an award made by an arbitrator or by mutual agreement out of court or from a voluntary gift from the owners shall be taken on charge by the Controller of Defence Accounts (Navy), who shall, after giving credit to the expenses involved in the salvage operations make the distribution of part of the balance amount to officers and sailors in accordance with the directions of the Government unless otherwise already decided by court, or by Government Solicitor under the provisions of regulation 3609.
(2) If the ship is abroad and any amount is recovered by the ship by way of salvage award, this amount shall be taken on charge in the ship’s cash account and shall be transferred to the Controller of Defence Accounts (Navy) in due course. The distribution of this amount shall be in accordance with the procedure prescribed in sub-regulation (1) of this regulation.
SALVAGE AND RECOVERY OF INDIAN NAVAL SHIPS, STORES ETC., REWARDS TO PRIVATE INDIVIDUALS
3613. Salvage of Stores or Articles which are Government Property. (1) If any articles lost from one of Indian Naval Ships shall be brought on board and the Captain shall be satisfied that the person who brings them did not obtain them by improper means, he is to be given a receipt for them. Particulars as to the description, quantity and condition of the articles recovered are to be shown on this receipt, and a copy kept with the ship’s store accounts in which they are taken on charge.
(2) Cost of Recovery. When losses occur of important stores which cannot be recovered by the ship or the local Naval authorities and the employment of private individuals or local authorities is desirable, it should carefully be considered, before a contract is entered into, whether the expenses likely to be incurred would be justified.
It should be understood that it is very seldom, if ever, that salvors are granted more than half the value of the property salved, except where the services have been highly meritorious and the value of the property is small. In forwarding the report of loss to the Government of India, the arrangements made in regard to the recovery of the articles should be stated
(3) Local Payments for Salvage. The captain is to authorise small payments for salvage by private individuals without previous submission to the Government of India in cases where the salvage value does not exceed Rs.75. The payments should be the following scale: -
(a) When the estimated net value of the articles salved does not exceed Rs.40 a sum not exceeding two-thirds of such value may be paid.
(b) When the estimated net value of the articles is over Rs.40, but under Rs.75, the sum paid should not exceed half such value.
(4) Documents Required. T he following documents are required in connection with the salvage of Government property, namely: -
(a) Duplicate copy of the receipt given for the articles salved.
(b) Report of survey showing condition and estimated present value of the articles.
(c) Statement indicating: -
(i) The service for which the articles are expected to be required.
(ii) Whether the parties claiming salvage were assisted by part of the crew of any of Indian Naval Ships.
(iii)Why the crew had not been able to recover the articles.
(iv) The proper amount of salvage to be paid or proposed to be paid.
The statement should also give an expression of opinion whether the salvors were put to any expense or experienced any risk in recovering the articles. If the salvage value exceeds Rs.75, these documents are to be forwarded by the Commanding officer, through the Chief of the Naval Staff to the Government of India. Where the salvage value is Rs.75 and under, and payment is authorised locally, these documents are to be attached to the cash account voucher.