Section 504: Power to pass over adjoining lands and order removal of the wreck and

504. Power to pass over adjoining lands and order removal of the wreck and penalties for non-compliance.—(1) Whenever a vessel is wrecked, stranded or in distress as aforesaid, all persons may, for the purpose of rendering assistance to the vessel, or of saving the lives of the ship wrecked persons, or of saving the cargo or equipment of the vessel, unless there is some public road equally convenient, pass and re-pass either with or without vehicles or animals, over any adjoining lands without being subject to interruption by the owner or occupier, so that they do as little damage as possible, and may also, on the like condition, deposit on those lands any cargo or other article recovered from the vessel. (2) Any damage sustained by an owner or occupier in consequence of the exercise of the rights given by this section, shall be a charge on the vessel, cargo or articles in respect of or by which the damage is occasioned and the amount payable, in respect of the damage shall, in case of dispute, be determined, and shall, in default of payment, be recoverable, in accordance with the provisions of section 165. (3) If the owner or occupier of any land— (a) impedes or hinders any person in the exercise of the rights given by this section by locking his gates, or refusing, upon request, to open the same, or otherwise; or (b) impedes or hinders the deposit of any cargo or other articles recovered from the vessel as aforesaid on the land; or (c) prevents or endeavors to prevent any such cargo or other article from remaining deposited on the land for a reasonable period until it can be removed to a safe place of deposit; he shall, for each offence, be liable to a fine which may extend to ten thousand rupees. (4) Where— (a) the receiver determines that salvaging a certain wreck, where due to its location, its salvage and or cleaning of pollution so caused by the wreck is a must; is likely to cost more than the expected proceeds of the wreck, he may order removal of the wreck and cleaning of the pollution at the cost of the owners, insurers, underwriters and local agents as he may deemed fit; or (b) a person, persons or a body corporate made responsible by the receiver of wrecks fails to comply with his orders under clause (a) they shall each be punishable with imprisonment which may extend to five years and fine not exceeding the amount likely to be incurred on removal of the wreck and cleaning of the pollution.

Effective date: 2001-01-01

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