Section 44A:
Raising of or removal of wreck impeding navigation, etc.
1[44A. Raising of or removal of wreck impeding navigation, etc .--(1) If any mechanically
propelled vessel or other vessel is wrecked, stranded or sunk in any inland water is or is likely
to become obstruction, impediment or danger to the safe and convenient navigation or use of
inland water or the landing place or embarkment or part thereof, any officer empowered by the
State Government by notification in the Official Gazette in this behalf (hereafter in this
Chapter referred to as competent officer) shall cause the vessel to be raised, removed, blown up
or otherwise destroyed as the circumstances may warrant.
(2) If any property recovered by a competent officer acting under sub-section (1) is
unclaimed or the person claiming it fails to pay reasonable expenses incurred by the
competent officer under that sub-section and a further sum of twenty-five per cent. of the
amount of such expenses, the competent officer may sell the property by public auction, if the
property is of a perishable nature, forthwith, and if it is not of a perishable nature, at any time
not less than two months after the recovery thereof.
(3) The expenses and further sum aforesaid shall be payable to the competent officer out
of the sale proceeds of the property, and the balance shall be paid to the person entitled to the
property recovered, or, if no such person appears and claims the balance, shall be held in
deposit for payment, without interest, to the person thereafter establishing his right thereto:
Provided that the person makes his claim within three years from the date of the sale.
(4) Where the sale proceeds of the property arc not sufficient to meet the expenses and
further sum aforesaid, the owner of the vessel at the time the vessel was wrecked, stranded
or sunk shall be liable to pay the deficiency to the competent officer on demand, and if t he
deficiency be not paid within one month of such demand, the competent officer may recover
the deficiency from such owner as if it were an arrear of land revenue.]
Notes:
1. Ins. by Act 35 of 1977, s. 22 (w.e.f. 1-5-1978).