INDIA Law and Practice Contributed by: Gautam Bhatikar, Deeksha Dev Singh and Isha Patil, Phoenix Legal
4.2 Maritime Liens Section 9 of the Admiralty Act recognises the following maritime liens in India in order of inter se priority: • claims for wages and other sums due to the Master, officers and other members of the vessel’s complement in respect of their employment on the vessel, including costs of repatriation and social insurance contribu - tions payable on their behalf; • claims in respect of loss of life or personal injury occurring, whether on land or on water, in direct connection with the operation of the vessel; • claims for reward for salvage services, includ - ing special compensation relating thereto; • claims for port, canal and other waterway dues and pilotage dues, and any other statu - tory dues related to the vessel; and • claims based on tort arising out of loss or damage caused by the operation of the ves - sel other than loss or damage to cargo and containers carried on the vessel. Under Section 4 of the Admiralty Act, the High Courts in India may exercise jurisdiction on mari - time claims arising out of the following condi - tions: • disputes regarding ownership of a vessel; • disputes between co-owners of a vessel regarding employment or earnings of the ves - sel; • a mortgage on a vessel; • the construction, repair or conversion of the vessel; • disputes arising out of the sale of a vessel; and • environmental damage caused by the vessel, etc.
when the cause of action arose or when the claimant became aware of the injury, whichever is later. It is important to note that the time limit for filing a claim for damaged or lost cargo is a procedural limitation, and not a substantive limitation on the right to bring a claim. This means that the time limit for filing a claim is a procedural requirement and does not affect the validity of the claim itself. In India, the time limit for filing a claim can be extended or sustained under certain circum - stances. For example, the Limitation Act pro - vides for the extension of the time limit in cases where the claimant was prevented by sufficient cause from filing the claim within the prescribed time limit. In such cases, the time limit may be extended by a period equal to the length of the disability. If the contract of carriage is governed by the Hague-Visby Rules, the time bar for filing a claim is within one year from the day on which the goods are delivered or should have been deliv - ered by the carrier. 4. Maritime Liens and Ship Arrests 4.1 Ship Arrests The arrest of ships in India was previously gov - erned by the International Convention Relating to the Arrest of Sea-Going Ships, 1952 and the International Convention on Arrest of Ships, 1999. However, the arrest of ships is now strictly governed by the provisions of the Admiralty Act. If there is any inconsistency, the statute will pre - vail over the conventions.
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