MS Act 242Chapter I · Wreck
Section 242 · Measures to facilitate removal of wrecks
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(1) When it is determined that the wreck
constitutes a hazard, the receiver of wreck shall give the detailed information of the hazard to the Central
Government, in such manner as may be prescribed.
(2) The Central Government, on receipt of information under sub-section (1) shall,---
(a) inform the Government of the State in which the ship is registered as well as the registered ship owner; and
(b) consult such State and any State affected by the wreck regarding measures to be taken in relation to such wreck.
(3) The registered ship owner or the operator of the ship shall remove such wreck which is determined to constitute a hazard: Provided that where any dispute arises as to whether the wreck constitutes a hazard or not, the decision of the Central Government shall be final and binding on all parties.
(4) When a wreck is determined to constitute a hazard, the registered ship owner or any interested person shall provide to the Central Government or the receiver of wreck with the evidence of insurance or other financial security maintained by him in accordance with the provisions of this Act.
(5) The receiver of wreck or ship owner or operator of the ship shall submit a plan for removal of wreck to the Central Government.
(6) The Central Government shall approve or disapprove or approve with certain modifications, the plan submitted before it under sub-section (5) and having regard to the nature of the hazard, specify on a case to case basis, the time within which the ship owner or operator shall remove the wreck.
(7) If the ship owner or operator do not remove the wreck within the time specified under sub-section (6), the Central Government may, at the expense of such ship owner or operator, remove the wreck by the most practical and expeditious means available, consistent with considerations of safety and protection of the marine environment and the wreck or any sale proceeds derived from such wreck shall become the property of the Central Government.
(8) Where immediate action is required and the receiver of wreck has informed the ship owner or the operator accordingly, he may, at the expense of such ship owner or operator, remove the wreck by the most practical and expeditious means available, consistent with considerations of safety and protection of the marine environment.
(9) Where any measure taken under this section is construed to be salvage, the provisions of Chapter II of this Part relating to salvage shall apply.
(2) The Central Government, on receipt of information under sub-section (1) shall,---
(a) inform the Government of the State in which the ship is registered as well as the registered ship owner; and
(b) consult such State and any State affected by the wreck regarding measures to be taken in relation to such wreck.
(3) The registered ship owner or the operator of the ship shall remove such wreck which is determined to constitute a hazard: Provided that where any dispute arises as to whether the wreck constitutes a hazard or not, the decision of the Central Government shall be final and binding on all parties.
(4) When a wreck is determined to constitute a hazard, the registered ship owner or any interested person shall provide to the Central Government or the receiver of wreck with the evidence of insurance or other financial security maintained by him in accordance with the provisions of this Act.
(5) The receiver of wreck or ship owner or operator of the ship shall submit a plan for removal of wreck to the Central Government.
(6) The Central Government shall approve or disapprove or approve with certain modifications, the plan submitted before it under sub-section (5) and having regard to the nature of the hazard, specify on a case to case basis, the time within which the ship owner or operator shall remove the wreck.
(7) If the ship owner or operator do not remove the wreck within the time specified under sub-section (6), the Central Government may, at the expense of such ship owner or operator, remove the wreck by the most practical and expeditious means available, consistent with considerations of safety and protection of the marine environment and the wreck or any sale proceeds derived from such wreck shall become the property of the Central Government.
(8) Where immediate action is required and the receiver of wreck has informed the ship owner or the operator accordingly, he may, at the expense of such ship owner or operator, remove the wreck by the most practical and expeditious means available, consistent with considerations of safety and protection of the marine environment.
(9) Where any measure taken under this section is construed to be salvage, the provisions of Chapter II of this Part relating to salvage shall apply.
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