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Indian Coast Guard

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Admiralty law or maritime law is a body of law that governs nautical issues and private maritime disputes. Admiralty law consists of both domestic law on maritime activities, and private international law governing the relationships between private parties operating or using ocean-going ships. While each legal jurisdiction usually has its own legislation governing maritime matters, the international nature of the topic and the need for uniformity has, since 1900, led to considerable international maritime law developments, including numerous multilateral treaties.

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84-623: The Indian Coast Guard ( ICG ) is a maritime law enforcement and search and rescue agency of India with jurisdiction over its territorial waters including its contiguous zone and exclusive economic zone . It was started on 1 February 1977 and formally established on 18 August 1978 by the Coast Guard Act, 1978 of the Parliament of India . It operates under the Ministry of Defence . The Coast Guard works in close cooperation with

168-589: A General-Duty Officer would be to operate weapons, sensors and different kinds of equipment on board a ship. The safety of the ship and the men would be GD officers responsibility. All the District Commanders (COMDIS) and Commander of Coast Guard Region (COMCG) appointments are exercised by a GD Officer of the Indian Coast Guard. Pilot Officers are also part of GD branch. A Pilot Officer gets an opportunity to work at shore Air Stations along

252-463: A U.S. ship must be brought in federal court and cannot be done in state court, except for under the reverse Erie Doctrine whereby state courts can apply federal law. When property is lost at sea and rescued by another, the rescuer is entitled to claim a salvage award on the salvaged property. There is no "life salvage": all mariners have a duty to save the lives of others in peril without expectation of reward. Consequently, salvage law applies only to

336-473: A capable and well-equipped force to intercept vessels engaged in illegal activities. The committee also looked at the number and nature of the equipment, infrastructure and personnel required to provide those services. By 1973, India had started a programme to acquire the equipment and started deputing personnel from the Indian Navy for these anti-smuggling and law enforcement tasks, under the provisions of

420-437: A full-fledged "Tier-3" Data Centre at Mahipalpur , Delhi . The construction will take 2 years. The project worth ₹ 588 crore (US$ 70 million) (including 5-year operational expenditure (opex) and a 2-year hardware warranty) will be carried out by TCIL, Yotta Infrastructure and Attero, a software solution company. This will help ICG for Command and Control over their 109 offices and 88 ships at once. A table showing

504-660: A one-year statute of limitations. A state court hearing an admiralty or maritime case is required to apply the admiralty and maritime law, even if it conflicts with the law of the state, under a doctrine known as the "reverse- Erie doctrine". While the " Erie doctrine " requires that federal courts hearing state actions must apply substantive state law, the "reverse- Erie doctrine" requires state courts hearing admiralty cases to apply substantive federal admiralty law. However, state courts are allowed to apply state procedural law. This change can be significant. Claims for damage to cargo shipped in international commerce are governed by

588-532: A potent force by 1984, but the full potential of this plan was not immediately realised due to an economic resource crunch. One of the historic operational successes of the ICG occurred in October 1999, with the recapture at high seas of a Panamanian-registered Japanese cargo ship, MV Alondra Rainbow , hijacked off Indonesia. Her crew were rescued off Phuket , Thailand. The ship had been repainted as MV Mega Rama , and

672-859: A private organization of maritime lawyers known as the Comité Maritime International (International Maritime Committee or CMI). Founded in 1897, the CMI drafted numerous international conventions, including the Hague Rules (International Convention on Bills of Lading), the Visby Amendments (amending the Hague Rules), the Salvage Convention, and many others. While the CMI continues to function in an advisory capacity, many of its functions have been taken over by

756-513: A proposal to the United Nations Educational, Scientific and Cultural Organization (UNESCO) for Phuket Old Town to be listed as a World Heritage Site . In 2004, the town was elevated to city status ( thesaban nakhon , Thai : เทศบาลนคร ). The major religion is Buddhism . The Buddhist temples in the city are attractive destinations for national and international tourists. Along the streets some Hindu temples depicting

840-535: A shipowner to both pay for an injured seaman's medical treatment until maximum medical recovery (MMR) is obtained and provide basic living expenses until completion of the voyage, even if the seaman is no longer aboard ship. Admiralty law in Pakistan is also classified as shipping law . The Pakistan Merchant Shipping Ordinance 2001 has replaced the Merchant Shipping Act 1923 . This replacement

924-656: A shipowner to provide medical care free of charge to a seaman injured in the service of the ship, until the seaman has reached "maximum medical cure". The concept of "maximum medical cure" is more extensive than the concept "maximum medical improvement". The obligation to "cure" a seaman includes the obligation to provide him with medications and medical devices which improve his ability to function, even if they do not "improve" his actual condition. They may include long-term treatments that permit him to continue to function well. Common examples include prostheses, wheelchairs, and pain medications. The obligation of "maintenance" requires

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1008-410: A shipowner's breach of its obligation to provide maintenance and cure is willful and wanton, the shipowner may be subject to punitive damages. See Atlantic Sounding Co. v. Townsend , 557 U.S. 404 (2009) (J. Thomas). Shipowners owe a duty of reasonable care to passengers. Consequently, passengers who are injured aboard ships may bring suit as if they had been injured ashore through the negligence of

1092-624: A special Admiralty Court handles all admiralty cases. Despite early reliance upon civil law concepts derived from the Corpus Juris Civilis of Justinian , the English Admiralty Court is a common law , albeit sui generis court that was initially somewhat distanced from other English courts. After around 1750, as the Industrial Revolution took hold and English maritime commerce burgeoned,

1176-420: A stationary object, they typically use the term allision . The fixed object could be a bridge or dock . While there is no great difference between the two terms and often they are even used interchangeably, determining the difference helps clarify the circumstances of emergencies and adapt accordingly. Before the mid-1970s, most international conventions concerning maritime trade and commerce originated in

1260-540: A third party. The passenger bears the burden of proving that the shipowner was negligent. While personal injury cases must generally be pursued within three years, suits against cruise lines may need to be brought within one year because of limitations contained in the passenger ticket. Notice requirements in the ticket may require a formal notice to be brought within six months of the injury. Most U.S. cruise line passenger tickets also have provisions requiring that suit to be brought in either Miami or Seattle . In England ,

1344-423: A vessel with fuel, or pulling a vessel off a sand bar. Salvors performing high-order salvage receive substantially greater salvage award than those performing low-order salvage. In both high-order and low-order salvage the amount of the salvage award is based first upon the value of the property saved. If nothing is saved, or if additional damage is done, there will be no award. The other factors to be considered are

1428-671: Is "वयम रक्षामः" ( Vayam Rakshamah ), which translates from Sanskrit as "We Protect" . Missions of Indian Coast Guard: Additional responsibilities of the Indian Coast Guard: The Indian Coast Guard organisation is headed by the Director-General (DG ICG) who is located at Coast Guard Headquarters (CGHQ), New Delhi. At CGHQ, he is assisted by the Additional Director General Coast Guard (ADGCG) of

1512-472: Is a city in the southeast of Phuket Island, Thailand, and the capital of Phuket province . As of 2020 the city had a population of 79,308. It covers the subdistricts ( tambons ) Talat Yai ( Thai : ตลาดใหญ่ ) and Talat Nuea ( Thai : ตลาดเหนือ ) of Mueang Phuket district . Phuket is 862 km (535.6 mi) south of Bangkok. Phuket is one of the oldest cities in Thailand. It was an important port on

1596-457: Is an active member of the ILO. There are several universities that offer maritime law programs. What follows is a partial list of universities offering postgraduate maritime courses: A pseudolegal conspiracy theory of American origin, notably present among the anti-government sovereign citizen and freeman on the land movements, asserts that at some point maritime law, which they consider to be

1680-556: Is called " Sino-Portuguese ", characteristic of which is a single or two-storey building with a narrow front compensated for by considerable depth. The tiles, doors, perforated windows, and other details are all influenced by Chinese and European styles combined. "Phuket Old Town" is a 2.7 km area covering a total of 210 rai . As of 2019 , the Fine Arts Department and the Phuket provincial authorities are preparing

1764-658: Is designated as the Chief Law Officer. Section 115 of the Coast Guard Act, 1978 deals with the qualifications necessary to be appointed as the Chief Law Officer of Indian Coast Guard. Section 116 of the Coast Guard Act, 1978 defines the functions of the Chief Law Officer. Enrolled personnel in the Coast Guard serve as either a yantrik (technician) or navik (sailor). Enrolled personnel of Indian Coast Guard are trained along with Indian Naval sailors at

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1848-566: Is evidence of maritime law being in effect. One variation of this theory is based on a misinterpretation of the English Cestui Que Vie Act 1666 which stated that a person missing at sea shall be assumed to be dead after seven years; conspiracy theorists claim that the government uses this Act to secretly enslave people, by assuming any person to be legally dead from the age of seven and thereafter considering their person and/or property as its possessions. The origin of

1932-441: Is no contract between the owner of the goods and the salvor. The relationship is one which is implied by law. The salvor of property under pure salvage must bring his claim for salvage in court, which will award salvage based upon the "merit" of the service and the value of the salvaged property. Pure salvage claims are divided into "high-order" and "low-order" salvage. In high-order salvage, the salvor exposes himself and his crew to

2016-597: Is not exhaustive of the subject matter. Canadian jurisdiction was originally consolidated in 1891, with subsequent expansions in 1934 following the passage of the Statute of Westminster 1931 , and in 1971 with the extension to "dry" matters. Recent jurisprudence at the Supreme Court of Canada has tended to expand the maritime law power, thus overriding prior provincial laws based on the provinces' power over property and civil rights . Article III, Section 2 of

2100-422: Is occasionally desirable to distinguish between the situation of a vessel striking a moving object and that of it striking a stationary object. The word " allision " is then used to mean the striking of a stationary object, while " collision " is used to mean the striking of a moving object. Thus, when two vessels run against each other, courts typically use the term collision whereas when one vessel runs against

2184-676: The Admiralty Court Act 1861 [24 Vict c 10]. While Pakistan now has its own statute, the Admiralty Jurisdiction of High Courts Ordinance, 1980 (Ordinance XLII of 1980), it also follows English case law. One reason for this is that the 1980 Ordinance is partly modelled on old English admiralty law, namely the Administration of Justice Act 1956. The current statute dealing with the Admiralty jurisdiction of

2268-480: The Carriage of Goods by Sea Act (COGSA), which is the U.S. enactment of the Hague Rules. One of its key features is that a shipowner is liable for cargo damaged from "hook to hook", meaning from loading to discharge, unless it is exonerated under one of 17 exceptions to liability, such as an " act of God ", the inherent nature of the goods, errors in navigation , and management of the ship. The basis of liability for

2352-662: The Gulf of Aden , Somali Basin , Southern Red Sea and Bab-el-Mandeb straits ) are advised to implement self-protective measures, in accordance with most recent best management practices agreed upon by the members of the merchant industry and endorsed by the NATO Shipping Centre, and the Maritime Security Centre Horn-of-Africa (MSCHOA). The common law of England and Wales , of Northern Ireland law , and of US law , contrast to

2436-671: The Indian Naval Academy , Ezhimala along with their counterparts of Indian Navy. This helps in the mutual interchange of Officers among these two sister services. While the Indian Coast Guard Academy is under construction in Mangaluru , Dakshina Kannada district , Karnataka . The command of ships at sea can only be exercised by officers of the General-Duty (GD) branch. The key functions of

2520-710: The Indian Navy , the Department of Fisheries , the Department of Revenue (Customs), and the Central Armed Police Forces , and the State Police Services . The establishment of the Indian Coast Guard was first proposed by the Indian Navy to provide non-military maritime services to the nation. In the 1960s, sea-borne smuggling of goods was threatening India's domestic economy. The Indian Customs Department frequently called upon

2604-768: The International Maritime Organization (IMO). In 1948 an international conference in Geneva adopted a convention formally establishing IMO (the original name was the Inter-Governmental Maritime Consultative Organization, or IMCO, but the name was changed in 1982 to IMO with UN Convention on the Law of the Sea). The IMO Convention entered into force in 1958 and the new Organization met for the first time

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2688-618: The Maintenance of Internal Security Act . The Indian Navy sensed that the law enforcement nature of these duties diverged from its core mission as a military service. Admiral Sourendra Nath Kohli , then Chief of Naval Staff , hence made a recommendation to the Defence Secretary outlining the need for a separate maritime service to undertake those duties and offering the Navy's assistance in its establishment. On 31 August 1974,

2772-568: The Parliament of Canada by virtue of s. 91(10) of the Constitution Act, 1867 . Canada has adopted an expansive definition of its maritime law, which goes beyond traditional admiralty law. The original English admiralty jurisdiction was called "wet", as it concerned itself with things done at sea, including collisions, salvage and the work of mariners, and contracts and torts performed at sea. Canadian law has added "dry" jurisdiction to this field, which includes such matters as: This list

2856-699: The St. Johns River , and the CSS Virginia in Chesapeake Bay ), and sunken merchant ships (the SS Central America off Cape Hatteras ) – have all been the subject of treasure salvage awards. Due to refinements in side-scanning sonars, many ships which were previously missing are now being located and treasure salvage is now a less risky endeavor than it was in the past, although it is still highly speculative and expensive. In maritime law, it

2940-492: The United States Constitution grants original jurisdiction to U.S. federal courts over admiralty and maritime matters; however, that jurisdiction is not exclusive, and most maritime cases can be heard in either state or federal courts under the "saving to suitors" clause. There are five types of cases which can only be brought in federal court: The common element of those cases are that they require

3024-757: The continental law (civil law) that prevails in Scottish law and in continental Europe , which trace back to Roman law . Although the English Admiralty court was a development of continental civil law, the Admiralty Court of England and Wales was a common law court, albeit somewhat distanced from the mainstream King's Bench . Most of the common law countries (including Pakistan , Singapore , India , and many other Commonwealth of Nations countries) follow English statute and case law. India still follows many Victorian-era British statutes such as

3108-617: The law of the sea , which is a body of public international law dealing with navigational rights, mineral rights , jurisdiction over coastal waters, and the maritime relationships between nations. The United Nations Convention on the Law of the Sea has been adopted by 167 countries and the European Union , and disputes are resolved at the ITLOS tribunal in Hamburg. Seaborne transport

3192-537: The 1920 Jones Act grants a jury trial to seamen suing their employers. Maritime law is governed by a uniform three-year statute of limitations for personal injury and wrongful death cases. Cargo cases must be brought within two years (extended from the one-year allowance under the Hague-Visby Rules ), pursuant to the adoption of the Rotterdam Rules . Most major cruise ship passenger tickets have

3276-500: The 1954 case of Adler v Dickson (The Himalaya) [1954] allowed a shipping line to escape liability when a bosun's negligence resulted in a passenger being injured. Since then, the Unfair Contract Terms Act 1977 has made it unlawful to exclude liability for death or personal injury caused by one's negligence. (Since then, however, the so-called " Himalaya clause " has become a useful way for a contractor to pass on

3360-531: The Admiralty Court became a proactive source of innovative legal ideas and provisions to meet the new situation. The Judicature Acts of 1873–1875 abolished the Admiralty Court as such, and it became conflated in the new Probate, Divorce and Admiralty division of the High Court. However, when the PDA was abolished and replaced by a new Family Division, admiralty jurisdiction passed to a so-called Admiralty Court which

3444-456: The DGICG. Each region is headed by an officer of the rank of Inspector-General . Each of the regions is further divided into multiple districts, typically covering a coastal state or a union territory . As of 2023, the Indian Coast Guard operates: As of 2016, there are 42 Coast Guard stations which have been established along the coastline of the country. Indian Coast Guard is responsible for

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3528-829: The Defence Secretary submitted a note to the Cabinet Secretary proposing cabinet action on Admiral Kohli's recommendation. As a result, in September 1974, the Indian cabinet set up the Rustamji Committee , under the chairmanship of Khusro Faramurz Rustamji , with participation from the Navy, the Air Force and the Department of Revenue to examine gaps in security and law enforcement between

3612-685: The England and Wales High Court is the Senior Courts Act 1981 , ss. 20–24, 37. The provisions in those sections are, in turn, based on the International Arrest Convention 1952. Other countries which do not follow the English statute and case laws, such as Panama , also have established well-known maritime courts which decide international cases on a regular basis. Admiralty courts assume jurisdiction by virtue of

3696-521: The Indian Coast Guard bear the prefix "ICGS" – Indian Coast Guard Ship. Vessels belonging to the Indian Coast Guard bear the prefix "ICGS" – Indian Coast Guard Ship. As of November 2024, the Indian Coast Guard has a strength of 182 ships and 78 aircraft while it plans to have 200 ships and 100 aircraft by 2030. The following is a table of vessel classes which are either under construction or planned, but have not yet entered service. Maritime law enforcement Admiralty law may be distinguished from

3780-471: The Indian Coast Guard conducted exercises with its Japanese and Korean counterparts. After the 2008 Mumbai attacks in which the terrorists entered India from Pakistan via the sea-route, the Indian government initiated a program to expand the ICG force, assets and infrastructure for enhanced protection and surveillance of Indian waters. The force had aimed to have 200 ships and 100 twin-engined aircraft by 2023 in its fleet. The Indian Coast Guard's motto

3864-472: The Indian Navy for assistance with patrol and interception in the anti-smuggling effort. The Nagchaudhuri Committee was constituted with participation from the Indian Navy and the Indian Air Force to study the problem. In August 1971, the committee identified the requirement to patrol India's vast coastline, set up a registry of offshore fishing vessels to identify illegal activity, and establish

3948-551: The Indian coasts and also embark ships. ICG operates fixed wing aircraft for surveillance of the Exclusive Economic Zone . In addition, helicopters are embarked on Coast Guard Offshore Patrol Vessels (OPV) to provide local surveillance and perform search and rescue mission at sea. Technical Officers are responsible for operation of advanced technology and sensor systems on board Coast Guard vessels and aircraft, as well as on shore installations. They also command

4032-760: The Law of the Sea (UNCLOS) defined a treaty regarding protection of the marine environment and various maritime boundaries . Restrictions on international fishing such as International Convention for the Regulation of Whaling also form part of the body of conventions in international waters. Other commercial conventions include the "International Convention relating to the Limitation of the Liability of Owners of Sea-Going Ships", Brussels , 10 October 1957. and International Convention for Safe Containers . Once adopted, most international conventions are enforced by

4116-742: The Sea or the Hanseatic League . In southern Italy the Ordinamenta et consuetudo maris (1063) at Trani and the Amalfian Laws were in effect from an early date. Bracton noted further that admiralty law was also used as an alternative to the common law in Norman England, which previously required voluntary submission to it by entering a plea seeking judgment from the court. A leading sponsor of admiralty law in Europe

4200-585: The U.S. Constitution, then under consideration by the States, be amended to include "trial by jury in all matters of fact triable by the laws of the land and not by the laws of Nations". The result was the United States Bill of Rights . Alexander Hamilton and John Adams were both admiralty lawyers and Adams represented John Hancock in an admiralty case in colonial Boston involving seizure of one of Hancock's ships for violations of customs regulations. In

4284-507: The court to exercise jurisdiction over maritime property. For example, in a petitory and possession action, a vessel whose title is in dispute, usually between co-owners, will be put in the possession of the court until the title dispute can be resolved. In a limitation action, the shipowner will post a bond reflecting the value of the vessel and her pending freight. A sixth category, that of prize , relating to claims over vessels captured during wartime, has been rendered obsolete due to changes in

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4368-507: The enemy of all mankind. While the flag state normally has jurisdiction over a ship on the high seas, there is universal jurisdiction in the case of piracy, which means that any nation may pursue pirates on the high seas, including pursuing them into a country's territorial waters. Most nations have signed onto the 1982 United Nations Convention on the Law of the Sea which dictates the legal requirements for pursuing pirates. Merchant vessels transiting areas of increased pirate activity (i.e.

4452-630: The execution of Search and Rescue (SAR) operations in Indian Search and Rescue Region (ISRR). To serve this purpose, ICG operates 3 Maritime Rescue Coordination Centres (MRCC) in Mumbai, Chennai and Port Blair and 36 Maritime Rescue Sub Centres (MRSC/MRCSC), which operates under their respective MRCCs. On 5 November 2024, the Indian Coast Guard and the Telecommunications Consultants India (TICL) laid foundation of

4536-584: The following year ( https://www.imo.org/en/About/HistoryOfIMO/Pages/Default.aspx ). The IMO has prepared numerous international conventions concerning maritime safety, including the International Convention for the Safety of Life at Sea (SOLAS), the Standards for Training, Certification, and Watchkeeping ( STCW ), the International Regulations for Preventing Collisions at Sea (Collision Regulations or COLREGS), Maritime Pollution Regulations ( MARPOL ), International Convention on Maritime Search and Rescue (SAR Convention) and others. The United Nations Convention on

4620-436: The individual signatory nations, either through their Port State Control , or through their national courts. Cases within the ambit of the European Union 's EMSA may be heard by the CJEU in Luxembourg . By contrast, disputes involving the Law of the Sea may be resolved at ITLOS in Hamburg , provided that the parties are signatories to UNCLOS . Throughout history, piracy has been defined as hostis humani generis , or

4704-402: The law of international commerce , substituted for the original, legitimate " common law " system as part of a broader conspiracy which secretly replaced governments with corporations . The judiciary hence became admiralty courts with no actual jurisdiction over people. Sovereign citizens notably claim that the presence of gold fringes on the American flags displayed in courtrooms

4788-453: The laws and practices of warfare. Aside from those five types of cases, all other maritime cases, such as claims for personal injuries, cargo damage, collisions, maritime products liability, and recreational boating accidents may be brought in either federal or state court. From a tactical standpoint it is important to consider that in federal courts in the United States, there is generally no right to trial by jury in admiralty cases, although

4872-416: The maintenance wings of the force. Law Officers act as legal advisers to their respective commanders. They represent the Indian Coast Guard in legal actions filed by or against the organisation. They also perform the duties of trial law officers in Coast Guard courts, convened to try delinquent Coast Guard personnel. The Directorate of Law at Coast Guard Headquarters is headed by a Deputy Inspector-General and

4956-531: The maritime law conspiracy theory is unknown, though it may stem from a misunderstanding of some nautical-sounding words in common usage in the English-language judiciary such as ownership , citizenship , dock or birth (berth) certificate . This theory is entirely devoid of merit: when invoked by litigants, it has been consistently dismissed as frivolous . Phuket (city) Phuket ( / p uː ˈ k ɛ t / poo- KET ; Thai : เทศบาลนครภูเก็ต or ภูเก็ต , pronounced [pʰūː.kèt] )

5040-460: The more modern era, Supreme Court Justice Oliver Wendell Holmes was an admiralty lawyer before ascending to the bench. Matters dealt by admiralty law include marine commerce, marine navigation , salvage , maritime pollution , seafarers' rights , and the carriage by sea of both passengers and goods . Admiralty law also covers land-based commercial activities that are maritime in character, such as marine insurance. Some lawyers prefer to reserve

5124-442: The naval training establishment INS Chilka . All training undertaken by Coast Guard personnel is the same as those undertaken by sailors in the Indian Navy. All personnel are trained in operation of weapons systems in cases of emergency. The rank insignia of commissioned officers . The rank insignia of non-commissioned officers and enlisted personnel . The following is a list of Coast Guard Air Squadrons Vessels belonging to

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5208-508: The original owner (or insurer, if the vessel was insured) continues to have an interest in it, the salvor or finder will generally get the majority of the value of the property. While sunken ships from the Spanish Main (such as Nuestra Señora de Atocha in the Florida Keys ) are the most commonly thought of type of treasure salvage, other types of ships – including German submarines from World War II which can hold valuable historical artifacts, American Civil War ships (the USS Maple Leaf in

5292-433: The phrase in the Declaration of Independence "For depriving us in many cases, of the benefits of Trial by Jury" refers to the practice of the UK Parliament giving the Admiralty Courts jurisdiction to enforce the Stamp Act 1765 in the American colonies. The Stamp Act was unpopular in America, so a colonial jury would be unlikely to convict any colonist of its violation. The Admiralty Court, which has never had trial by jury,

5376-400: The presence of the vessel in its territorial jurisdiction irrespective of whether the vessel is national or not and whether registered or not, and wherever the residence or domicile or their owners may be. A vessel is usually arrested by the court to retain jurisdiction. State-owned vessels are usually immune from arrest. Canadian jurisdiction in the area of navigation and shipping is vested in

5460-411: The protection of a limitation clause to his employees, agents and third-party contractors.) Banks which loan money to purchase ships, vendors who supply ships with necessaries like fuel and stores, seamen who are due wages, and many others have a lien against the ship to guarantee payment. To enforce the lien, the ship must be arrested or seized. In the United States, an action to enforce a lien against

5544-643: The rank of ADG, four Deputy Director-Generals of the rank of Inspector-General , and other senior officers heading various staff divisions. The position is vacant since 18 August 2024 due to the death of Director General Rakesh Pal in harness. The rank of Director General is equivalent to a Vice Admiral of Indian Navy . The Indian Coast Guard has the Western and Eastern Seaboard, both commanded by three-star officers designated Coast Guard Commander Western Seaboard and Coast Guard Commander Eastern Seaboard. The seaboards are in turn divided into four regions. A fifth region, Andaman & Nicobar Region reports directly to

5628-637: The rank structure of Coast Guard officers with those of the other Indian armed services. (Selection Grade) The naming of ranks of officers in the Coast Guard is as same as rank of Central Armed Police Forces . Officers are appointed in the Coast Guard in one of four branches, as either General-Duty officer, Pilot officer, Technical officer or Law officers. Lady Officers have two branches i.e. General-Duty Officer or Pilot Officer and serve on shore establishments/Air Stations/Headquarters. They are not deployed on board Indian Coast Guard ships. Currently, officers of Indian Coast Guard undergo Basic Military Training at

5712-468: The risk of injury and loss or damage to his equipment to salvage the damaged ship. Examples of high-order salvage are boarding a sinking ship in heavy weather, boarding a ship which is on fire, raising a ship or boat which has already sunk, or towing a ship which is in the surf away from the shore. Low-order salvage occurs where the salvor is exposed to little or no personal risk. Examples of low-order salvage include towing another vessel in calm seas, supplying

5796-422: The roles of the Indian Navy and the central and state police forces. The discovery of oil off Bombay High further emphasised the need for a maritime law enforcement and protection service. The committee submitted its recommendation for the establishment of the Indian Coast Guard under the Ministry of Defence on 31 July 1975. Bureaucratic wrangling followed, with the Cabinet Secretary making a recommendation to place

5880-458: The saving of property. There are two types of salvage: contract salvage and pure salvage, which is sometimes referred to as "merit salvage". In contract salvage the owner of the property and salvor enter into a salvage contract prior to the commencement of salvage operations and the amount that the salvor is paid is determined by the contract. The most common salvage contract is called a " Lloyd's Open Form Salvage Contract ". In pure salvage, there

5964-430: The service under the Ministry of Home Affairs . Then Prime Minister Indira Gandhi overruled the Cabinet Secretary and decided to accept the original recommendation of the Rustamji Committee to place the service under the Ministry of Defence. An interim Indian Coast Guard came into being on 1 February 1977, equipped with two small corvettes and five patrol boats transferred from the Navy. The duties and functions of

6048-458: The service were formally defined in the Coast Guard Act , which was passed by India's parliament on 18 August 1978 and came into immediate effect. Vice Admiral V. A. Kamath of the Indian Navy was appointed the founding Director-General. Prime Minister Morarji Desai inspected the Guard of Honour at the service's inauguration. Vice Admiral Kamath proposed a five-year plan to develop the ICG into

6132-474: The shipowner is a bailment and if the carrier is to be liable as a common carrier , it must be established that the goods were placed in the carrier's possession and control for immediate carriage. Seamen injured aboard ship have three possible sources of compensation: the principle of maintenance and cure, the doctrine of unseaworthiness, and the Jones Act . The principle of maintenance and cure requires

6216-431: The shipowner to provide a seaman with his basic living expenses while he is convalescing. Once a seaman is able to work, he is expected to maintain himself. Consequently, a seaman can lose his right to maintenance, while the obligation to provide cure is ongoing. A seaman who is required to sue a shipowner to recover maintenance and cure may also recover his attorneys fees. Vaughan v. Atkinson , 369 U.S. 527 (1962). If

6300-456: The skills of the salvor, the peril to which the salvaged property was exposed, the value of the property which was risked in effecting the salvage, the amount of time and money expended in the salvage operation, etc. A pure or merit salvage award will seldom exceed 50 percent of the value of the property salved. The exception to that rule is in the case of treasure salvage. Because sunken treasure has generally been lost for hundreds of years, while

6384-440: The statues of Ganesha and Brahma can also be seen. Since 2005, the population of Phuket has been increasing. Locals and tourists alike mainly use the songthaews to travel around. Pink songthaews call at stops around Phuket Old Town, while blue songthaews connect Phuket Old Town with the various beach resorts around the island. Phuket International Airport is 36 kilometres (22 mi) northwest of Phuket Old Town. There

6468-590: The term "admiralty law" for "wet law" (e.g. salvage, collisions, ship arrest, towage, liens and limitation), and use "maritime law" only for "dry law" (e.g. carriage of goods and people, marine insurance , and the Maritime Labour Convention ). The doctrine of maintenance and cure is rooted in Article VI of the Rolls of Oléron promulgated in about 1160 A.D. The obligation to "cure" requires

6552-491: The west coast of the Malay Peninsula where Chinese immigrants first landed. Phuket Old Town is a quarter studded with heritage buildings in ten streets: Klang, Phang Nga, Rassada, Dee Buk, Krabi, Thep Kasattri, Phuket, Yaowarat, Satun, and Soi Rammanee. These older buildings show Phuket town's former prosperity. They were constructed when tin mining was an important industry on the island. Their architectural style

6636-505: Was done in 2001 to handle the constantly upgrading modern shipping industry. The purpose of the Pakistan Merchant Shipping Ordinance 2001 is to provide a strategy and rules under which the government authorities will function in dealing with stuff related to the shipping industry. This law also handles duties internationally required under the ILO ( International Labour Organization ) conventions as Pakistan

6720-715: Was effectively the King's Bench sitting to hear nautical cases. The Senior Courts Act 1981 then clarified the admiralty jurisdiction of the Queen's Bench, so England and Wales once again has a distinct Admiralty Court (albeit no longer based in the Royal Courts of Justice , but in the Rolls Building ). English Admiralty courts were a prominent feature in the prelude to the American Revolution . For example,

6804-525: Was one of the earliest channels of commerce, and rules for resolving disputes involving maritime trade were developed early in recorded history. Early historical records of these laws include the Rhodian law ( Nomos Rhodion Nautikos ), of which no primary written specimen has survived, but which is alluded to in other legal texts (Roman and Byzantine legal codes), and later the customs of the Consulate of

6888-521: Was spotted off Kochi , heading towards Pakistan. She was chased by ICGS Tarabai and INS  Prahar  (K98) of the Indian Navy and apprehended. It was the first successful prosecution of armed pirates in over a century. The Indian Coast Guard conducts exercises with the other coast guards of the world. In May 2005, the ICG agreed to establish liaison links with the Pakistan Maritime Security Agency (PMSA). In 2006,

6972-683: Was the French Queen Eleanor of Aquitaine . Eleanor had learned about admiralty law while on the Second Crusade in the eastern Mediterranean with her first husband, King Louis VII of France . Eleanor then established admiralty law on the island of Oléron , where it was published as the Rolls of Oléron . Some time later, while she was in London acting as regent for her son, King Richard I of England , Eleanor instituted admiralty law into England as well. In England and Wales ,

7056-836: Was thus given jurisdiction so a colonist charged with breaching the Stamp Act could be more easily convicted by the Crown. Admiralty law gradually became part of United States law through admiralty cases arising after the adoption of the U.S. Constitution in 1789. Many American lawyers who were prominent in the American Revolution were admiralty and maritime lawyers. Those included are Alexander Hamilton in New York and John Adams in Massachusetts . In 1787, Thomas Jefferson wrote to James Madison proposing that

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