Section 2: Definitions

2. Definitions.—In this Ordinance, unless there is anything repugnant in the subject or context,— (1) “apprentice” means a person appointed for training to the sea service under this Ordinance, whether called an apprentice or a cadet, or by any other name whatever; (2) “bareboat or demise charter” means the hiring of a ship for a period where the charter appoints ship's master and crew and pay all running expenses of a ship and has a right to have the vessel registered in his name; (3) “cargo ship” means a ship which is not a passenger ship; (4) “coasts” includes coasts of creeks and tidal waters; (5) “coasting ship” means a ship which is exclusively employed in trading coast-wise within Ports or places in Pakistan or any marine areas specified in the Pakistan Territorial Waters and Maritime Zones Act, 1976 (LXXXII of 1976), or any other law for the time being in force and between such ports or places, as the Federal Government, may, from time to time, notify; (6) “coasting trade” means the carriage by sea of passengers or goods between ports or places in areas specified in clause (5); (7) “collision regulations” means the regulations made under section 411; (8) “company” means a company as defined in clause (7) of sub-section (1 ) of section 2 of the Companies Ordinance, 1984 (XLVII of 1984), and includes— (a) a body corporate constituted or established by or under any Pakistan law; and (b) any partnership or association of persons, whether incorporated or not; (9) “Customs collector” means any of the officers of Customs appointed under section 3 of the Customs Act, 1969 (IV of 1969), and for the time being in separate charge of a customs port as defined in section 2 thereof; (10) “distressed seaman” means a seaman engaged under this Ordinance who, by reason of having not being properly discharged or left behind from or ship- wrecked in any ship at any port or place outside port of engagement in Pakistan, is in distress there; (11) “effects”, in relation to a seaman, includes clothes and documents; (12) “equipment”, in relation to a ship, includes boats, tackle, pumps, apparel, furniture, life saving appliances, of every description, spars, masts, rigging and sails, fog signals, lights, shapes and signals of distress, medicines and medical and surgical stores and appliances, charts, radio installations, appliances for preventing detecting or extinguishing fires, buckets, compasses, axes, lanterns, loading and discharging gears and appliances of all kinds, and all other stores or articles belonging to or to be used in connection with or necessary for the navigation and safety of the ship and pollution prevention; (13) “fishing vessel” means vessel used commercially for catching fish, whales, seals, walrus or other living resources of the sea; (14) “foreign-going ship” means a ship, not being a coasting ship or a home-trade ship, employed in trading between any port or place in Pakistan and any other port or place or between ports or places outside Pakistan; (15) “free board” means, in the case of any ship which is marked with a deck line, the height from the water to the upper edge of the deck line, and, in the case of any other ship, the height amidships from the water to the upper edge of the deck from which the depth of hold as stated in the register is measured; (16) “gross”, in relation to tonnage of vessel, means the gross tonnage of the vessel as registered under this Ordinance; (17) “High Court”, in relation to a vessel means the High Court within the limits of whose appellate jurisdiction— (a) the port of registry of the vessel is situated; (b) the vessel is for the time being; or (c) the cause of action wholly or in part arises; (18) “home-trade ship” or “home-trade passenger ship” means ship employed in trading between ports and places in Pakistan or between any port and place in Pakistan to or from an area within the extremities not exceeding five hundred nautical miles from a point on the Pakistani coast and including Gulf of Oman not beyond Ras-ul-Hadd and ports or places in the Gulf; (19) “Load Line Convention” means the International Convention Load Lines 1966, as amended from time to time; (20) “Maritime Board” means a Board convened under section 481; (21) “master” includes any person, other than a pilot appointed by the owner, having command or charge of any ship and includes the person who replaces him as master; (22) “nakhuda” means the person in command or charge of a sailing vessel or modern crafts of primitive build; (23) “net”, in relation to tonnage of a vessel, means the net tonnage of the vessel as registered under this Ordinance; (24) “nuclear ship” means a ship provided with a nuclear power plant; (25) “owner” means— (a) in relation to a registered ship, the person or persons and companies who are for the time being shown as owners in the Register Book maintained under this Ordinance; (b) in relation to any other ship, the persons and companies to whom the ship or a share in the ship belongs; (c) in relation to a sailing vessel or a fishing vessel, the persons or companies to whom the vessel belongs; and (d) in relation to any ship, in addition to the person who owns the ship, includes also the bareboat charterer and any other person who operates the ship and to whom the owners responsibilities have been formally assigned; (26) “Pakistan consular officer” means a consul-general, consul, vice-consul, pro-consul or consular agents appointed as such by the Federal Government and includes— (a) any person authorised by the Federal Government to perform the functions of any of them; and (b) a seamen's Welfare Officer performing the functions of a Pakistan Consular Officer under Part IV; (27) “Pakistani ship” means a ship registered as such under this Ordinance; (28) “passenger” means any person carried on board a ship except— (a) a person employed or engaged in any capacity on board the ship on the business of the ship; (b) a person on board the ship either in pursuance of the obligation laid upon the master to carry shipwrecked, distressed or other persons, or by reason of any circumstance which neither the master nor the charterer, if any, could have prevented or forestalled; or (c) a child under one year of age; (29) “passenger ship” means a ship carrying more than twelve passengers; (30) “pilgrim” means a person going to or returning from the Kingdom of Saudi Arabia for or after performing Hajj, and includes any such passenger who is returning without having actually landed in the Kingdom of Saudi Arabia; (31) “pilgrim of the lowest class” means a pilgrim for whom no separate accommodation in any cabin, smoke-room or saloon is reserved; (32) “pilgrim ship” means a special trade passenger ship carrying or about to carry pilgrims from or to any port or place in Pakistan to or from any port or place in the Red Sea or any port declared as such by the Federal Government; Provided that no ship carrying passengers other than pilgrims of the lowest class and having on board pilgrims of the lowest class in a less proportion than one pilgrim for every one hundred tonnes of the gross tonnage of the ship shall be deemed to be a pilgrim ship within the meaning of this Ordinance; (33) “port of registry”, in relation to a ship, a sailing vessel or a fishing vessel, means the port at which she is registered or is to be registered; (34) “prescribed” means prescribed by rules made under this Ordinance; (35) “proper return port”, in relation to a master, seaman or apprentice discharged of left behind, means the port at which the master, seaman or apprentice was engaged or the port agreed to as such by the master, seaman or apprentice, as the case may be; (36) “radio installation” means radio equipment, as prescribed; (37) “ratification” means the act of acceptance of international Convention or instruments relating to merchant shipping including but not limited to safety of life at sea, protection of marine environment etc., and any amendments thereto by the Government of Pakistan and the depositing of instrument of ratification or accession to such Convention with the international body concerned and the expression “ratified” shall be construed accordingly; (38) “sailing vessel” means any description of vessel which is— (a) fitted exclusively with sails, or (b) provided with sufficient sail area for navigation under sails alone and, if fitted with mechanical means of propulsion, such means are meant for auxiliary purposes only; (39) “safety Convention” means any international safety Convention, treaty or agreement ratified by Pakistan insofar as it relates to the safety of life at sea; (40) “safety convention certificate” means— (i) a passenger ship safety certificate; (ii) a special trade passenger ship safety certificate; (iii) a special trade passenger ship space certificate; (iv) a cargo ship safety construction certificate; (v) a cargo ship safety equipment certificate; (vi) a cargo ship safety radio certificate; (vii) an exemption certificate; (viii) a nuclear passenger ship safety certificate; (ix) a nuclear cargo ship safety certificate issued under Parts VI, X or, as the case may be, Part XIV; (x) any other certificates as may be prescribed; (41) “surveyor' means a person appointed under section 4 and includes a nautical surveyor, ship surveyor or an engineer surveyor; (42) “salvage” means the rendering of assistance to ships in danger, to any things on board and to things floating, sunk or washed ashore; (43) “salvor” means, in the case of salvage services rendered by the officers or crew or part of the crew of any ship belonging to the Federal Government, the person in command of that ship; (44) “sea-going”, in relation to a vessel, means a vessel proceeding to sea beyond such limits as may be specified by the Federal Government by notification in the official Gazette; (45) “Seaman” means a person employed or engaged, or to be employed or engaged, for service in any capacity on board any ship, but does not include master, pilot or apparentice; (46) “second hand”, in relation to a fishing vessel, means the person next in authority to the skipper of the vessel; (47) “ship” includes every description of vessel used in navigation not propelled by oars; (48) “skipper” means the person in command of a fishing vessel or in charge of the navigation of such vessel; (49) “special trade” means the conveyance of large number of special trade passengers by sea on international voyages within the area specified under the Special Trade Agreement; (50) “Special Trade Agreement” means the Special Trade Passenger Ships Agreement signed at London on the fourth day of October, 1971; (51) “special trade passenger” means a passenger carried in special trades in spaces on the weather deck, upper deck, or between decks which accommodate more than eight passengers; (52) “special trade passenger ship” means a mechanically propelled passenger ship carrying more than fifty special trade passengers; (53) “tidal water” means any part of the sea and any part of a river within the ebb and flow of the tide at ordinary spring tides, but does not include a harbour; (54) “valid international load line certificate” means a certificate purporting to have been issued in accordance with the Load Line Convention in respect of a ship, other than a Pakistani ship, by the competent authority in the country in which the ship is registered; (55) “valid safety convention certificate” means a certificate purporting to have been issued in accordance with the Safety Convention in respect of a ship, not being a Pakistani ship, by the competent authority in the country in which the ship is registered; (56) “vessel” includes a ship, boat, sailing vessel, fishing vessel and any other description of vessel used or intended to be used in navigation and includes dynamically supported craft, submersibles and fixed or floating platforms; (57) “voyage”, in relation to a ship, means the whole distance between the ship's port or place of departure and her final port or place of arrival; (58) wages” includes emoluments; (59) “wreck” includes the following when found in the sea or in the tidal waters or on the shores thereof, namely:— (a) goods which have been cast or fall into the sea and then sink and remain under water; (b) goods which have been cast or fall into the sea and remain floating on the surface; (c) goods which are sunk in the sea, but are attached to a floating object in order that they may be found again; (d) goods which are thrown away or abandoned; and (e) a vessel abandoned without hope or intention of recovery; and (60) “young person” means a person under eighteen years of age. CHAPTER 2.—MERCANTILE MARINE DEPARTMENT

Effective date: 2001-01-01

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