DANGEROUS CARGOES ACT, 1953
DANGEROUS CARGOES ACT, 1953
Last Updated: 19530415
Contents
PREAMBLE. .
1 SHORT TITLE, EXTENT AND COMMENCEMENT
2 DEFINITIONS
3 MEASURES FOR THE SAFETY OF PORTS
4 POWER TO MAKE RULES|
5 DECLARATION OF EMERGENCY
6 POWERS OF THE 3[CHIEF OF THE NAVAL STAFF]_
7 DELEGATION OF POWERS BY 2[CHIEF OF THE NAVAL STAFF]
8 POWERS OF DEPUTY CONSERVATOR OF A PORT
8 A TECHNICAL ADVISER DANGEROUS CARGOES
9 CONTRAVENTION OF THIS ACT
10 POWER TO ARREST WITHOUT WARRANT
11 SAVING AS TO ORDER
12 PROTECTION OF ACTION TAKEN UNDER THIS ACT__
THE DANGEROUS CARGOES ACT, 1953
1ACT NO. V OF 1953
[15th April, 1953]
An Act 2[to make further provision for] the safety of ports in respect of the transit, working and storage of dangerous cargoes and matters incidental thereto.
WHEREAS it is expedient 2[ to make further provision for] the safety of ports in respect of the transit, working and storage of dangerous cargoes and matters incidental thereto ;
It is hereby enacted as follows :___
1. Short title, extent and commencement.___(1) This Act may be called the Dangerous Cargoes Act, 1953.
(2) It extends to the whole of Pakistan.
(3) It shall come into force at once.
3[2. Definitions. In this Act,___
(1) “dangerous cargoes” means any cargoes containing____
(a) any goods shown as explosives in the Comprehensive Classified List of Government Explosives compiled and issued by the Explosive 4[Storage] and Transport Committee which has been accepted and approved by the 5[Federal Government] or any ammunition; or
1 For Statement of Object and Reasons, see Gaz. of P., 1953, Pt. IX, p. 4. 2 Subs. by the Dangerous Cargoes (Amdt.) Act, 1954 (13 of 1954), s. 2, for “to provide for special powers relating to”. 3 Subs. by the Dangerous Cargoes (Amdt.) Act, 1954 (13 of 1954), s. 3, for the original section 2. 4 Subs. by the Dangerous Cargoes (Amdt.) Act, 1974 (43 of 1974), s. 2, for “storage”. 5 Subs. ibid., s. 7, for “Central Government”.
(b) petroleum, as defined in clause (a) of section 2 of the Petroleum Act, 1934, when the flashing point of such petroleum is below one hundred and fifty degrees Fahrenheit ;
1[(c) prohibited dangerous goods, that is to say, goods classified as dangerous in the International Maritime Dangerous Goods Code or the Government Stowage Instructions as revised from time to time by the Federal Government ; or]
(d) any cargoes which are liable to fire or explosion and which are declared by the 2[Federal Government] by notification 3in the official Gazette to be dangerous cargoes for the purposes of this Act.
(2) “Fortress Commander” means an officer of the armed forces appointed as such by the 2[Federal Government] by a notification in the official Gazette.]
3. Measures for the safety of ports. The 2[Federal Government] may make such orders as appear to it to be necessary or expedient for securing the safety of any port and preventing or dealing with explosions and fires on vessels carrying dangerous cargoes within the limits of any port, and generally for the transit working and storage of dangerous cargoes and matters incidental thereto.
4. Power to make Rules. ____(1) The 2[Federal Government] may by notification in the Official Gazette, make such rules as appear to it to be necessary or expedient for carrying the purposes of this Act into effect.
1 Subs. by the Dangerous Cargoes (Amdt.) Act, 1974 (43 of 1974), s. 2. 2 Subs. ibid., s. 7, for “Central Government”. 3 For such notifies, see Gaz. of Pak. 1955 Ext. pp. 1353___1375.
(2) Without prejudice to the generality of the foregoing powers such rules may provide for all or any of the following, namely :___
(a) the constitution, mobilization, enrolment, discipline, equipment,, duties, privileges, and protection of fire‑brigades and fire services in or near any port ;
(b) the powers to be conferred and duties to be imposed on any officer or authority for the purposes of this Act ;
(c) the mobilization and control of any Government, State or Municipal service, or private organization, by the Fortress Commander in the event of the declaration of an emergency or apprehended emergency due to fire or explosion.
5. Declaration of emergency. The existence of an emergency or apprehended emergency 1[due to fire or explosion] shall be declared by the Fortress Commander on the advice of the 2[Chief of the Naval Staff].
6. Powers of the 3[Chief of the Naval Staff].___Without prejudice to any other powers which may be conferred on him under this Act, the 3[Chief of the Naval Staff] may___
(a) issue orders requiring measures to be taken for the safety or vessels in a port and against or in respect of fire ;
(b) issue orders to the owner or master of any vessel in port requiring him,___
(i) to take such steps as may be mentioned in the order for the detection and combating of fire ;
1 Ins. by the Dangerous Cargoes (Amdt.) 1954, (13 of 1954), s. 4. 2 The original words “CommanderinChief of the Royal Pakistan Navy”. Which were previously amended by the A.O. 1961 Art. 2 and Sch. has been subs. by the Dangerous Cargoes (Amdt.) Act, 1974 (43 of 1974), s. 3. to read as above. 3 Subs. ibid., s. 4.
(ii) to do, or to refrain from doing, such things as may be mentioned in the order in order to secure the safety of the vessel or prevent it from endangering other vessels or property ;
(iii) to scuttle or beach the vessel in such position as may be specified in the order if the vessel is on fire or has suffered damage by fire or otherwise and constitutes in the opinion of the 1[Chief of the Naval Staff], a danger to other vessels or obstructs the proper working of the port ;
(c) issue orders requiring any work to be done on any land, or anything to be placed in, on or over any land, within the limits of a port, and such work may include the demolition or the rendering useless of anything placed in, on or over such land and the removal from such land of anything so demolished or rendered useless.
7. Delegation of powers by 2[Chief of the Naval Staff]. The 2[Chief of the Naval Staff] may, by notification in the Official Gazette, delegate any polder conferred on him by or under this Act to any officer subordinate to him and references in the Act to the said 2[Chief of the Naval Staff] shall include references to his delegate : provided that in time of peace such power shall be delegated only to the 3[Commodore‑in‑Charge or Flag officer commanding, Karachi, as the case may be] and in time of war to the 3[officer of the Pakistan Navy, howsoever designated, who is for the time being incharge] of the port.
1 Subs. by the Dangerous Cargoes (Amdt.) Act, 1974 (43 of 1974), s. 3, for “CommanderinChief”. 2 The original words “CommanderinChief of the Royal Pakistan Navy” were previously amended by A.O., 1961, Art. 2 and Sch., have been subs. by Act 43 of 1974 s. 5, to read as above. 3 Subs. by Act 43 of 1974, s. 5 for certain words.
8. Powers of Deputy Conservator of a port. Without prejudice to any powers conferred upon him under this Act or by or under any law for the time being in force the Deputy Conservator of a port shall have power to order the master of any vessel in port 1[other than a tanker]___
(a) to place at his disposal such proportion, not exceeding three quarters, of the crew of the vessel as the Deputy Conservator requires for the purpose of preventing or extinguishing an outbreak of fire in the port ;
(b) to take such steps as he may direct to extinguish any fire in his vessel.
In this section “Deputy Conservator” means the person who is for the time being discharging the duties of Deputy Conservator of the port.
2[8A. Technical Adviser Dangerous Cargoes. ____(1) The Federal Government may appoint a Technical Adviser Dangerous Cargoes on such terms and conditions as it may determine.
(2) The Technical Adviser Dangerous Cargoes shall, besides advising the Federal Government on matters relating to safety and security of any port, prevention of, and dealing with, explosions and fires on vessels carrying dangerous cargoes within the limits of any port and the transit, working and storage of dangerous cargoes, exercise such powers and perform such functions as may be assigned to him by the Federal Government.]
9. Contravention of this Act.___(1) Any contravention of or attempt to contravene, and any abetment of or attempt to abet the contravention of any provision of this Act, or the rules made thereunder or any order under this Act
1 Ins. by the Dangerous Cargoes (Amdt.) Act, 1954 (13 of 1954), s. 5. 2 Ins. by the Dangerous Cargoes (Amdt.) Act, 1974 (43 of 1974), s. 6.
or the rules shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to five thousand rupees or with both.
(2) For the purposes of this section failure to obey the provisions of any rule or order under this Act shall be construed as a contravention of the rule or order.
10. Power to arrest without warrant. The police may arrest without warrant any person committing an offence under this Act.
11. Saving as to order.___(1) No order made in exercise of any power conferred by or under this Act shall be called to question by any Court.
(2) When an order purports to have been made and signed by any officer or any authority in exercise of any power conferred by or under this Act the Court shall, within the meaning of the Evidence Act, 1872 (I of 1872), presume that such order was so made by that officer or authority.
12. Protection of action taken under this Act.___ (1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any rules made thereunder or any order issued under this Act or the rules.
(2) Save as otherwise expressly provided under this Act no suit or other legal proceeding shall lie against the 1[Government] for any damage caused or likely to be caused by anything in good faith done or intended to be done in pursuance of this Act or any rule made thereunder or any order issued under this Act or the rules.
_____
1 Subs. by A.O., 1961, Art. 2, for “Crown” (with effect from the 23rd March, 1956).
