Naval and Aircraft Prize Act, 1971
No: 59 Dated: Dec, 16 1971
THE NAVAL AND AIRCRAFT PRIZE ACT, 1971
ACT NO. 59 OF 1971
An Act to provide for the establishment and procedure of Prize Courts and for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Twenty-second Year of the Republic of India as follows:—
1. Short title.—This Act may be called the Naval and Aircraft Prize Act, 1971.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “aircraft” has the meaning assigned to it in clause (ii) of section 4 of the Air Force Act, 1950 (45 of 1950);
(b) “aircraft papers” includes all books, passes, charter parties, bills of lading, customs receipts, manifests, certificates, licences, lists, tickets, notes, letters and other documents and writings delivered up or found on board a captured aircraft;
(c) “Armed Forces” means the Army, Navy and Air Force or any part of any one or more of them and includes any other armed force in the service of, or employed with, the Army, Navy or Air Force during hostilities;
(d) “goods” includes all such things as may be subject to adjudication as prize, but in the case of a naval prize does not include any aircraft or boat unless the aircraft or boat is a part of the cargo of a ship;
(e) “Prize Court” means a prize court established under section 3;
(f) “Indian citizen” includes a company registered in India and having its principal place of business in India;
(g) “military aircraft” means any aircraft belonging to the Armed Forces and includes any armed aircraft in the service of the Armed Forces and any other aircraft used as a transport or auxiliary or in any other way for the purpose of prosecuting or aiding hostilities;
(h) “prize” means anything which, subject to this Act and the rules made thereunder, may be subjected to adjudication and includes a ship or an aircraft and goods carried therein, irrespective of whether the ship is captured at sea or seized in port or whether the aircraft is on or over land or sea at the time of capture or seizure;
(i) “ship” includes a vessel and a boat with the tackle, furniture and apparel of the ship, vessel or boat;
(j) “ship-of-war” means any ship belonging to the Armed Forces and includes any armed ship in the service of the Armed Forces and any other ship used as transport or auxiliary or in any other way for the purpose of prosecuting or aiding hostilities;
(k) “ship papers” includes all books, passes, sea briefs, charter parties, bills of lading, customs receipts, manifests, certificates, licences, lists, tickets, notes, letters and other documents and writings delivered up or found on board a ship captured at sea or seized in port.
3. Establishment of Prize Courts.—(1) The Central Government may, by notification in the Official Gazette, constitute from time to time as many Prize Courts as the Central Government may determine to exercise the powers and discharge the functions conferred on a Prize Court by this Act and every such Prize Court shall exercise jurisdiction within the local limits of such area or areas as may be specified by the Central Government in the said notification.
(2) Every Prize Court shall consist of such one or more than one member as the Central Government may from time to time deem it necessary to appoint.
(3) A person shall not be qualified for appointment as a member of a Prize Court unless he is a citizen of India and has been or is qualified to be appointed as a Judge of a High Court.
(4) Subject to the provisions of section 18, the conditions of service of a member of a Prize Court shall be such as the Central Government may by order determine.