The Naval and Aircraft Prize Act, 1971

This Act may be called the Naval and Aircraft Prize Act, 1971.

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 ForceAct, 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 writingsdelivered 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 themand includes any other armed force in the service of, or employed with, the Army, Navy or Air Forceduring hostilities; (d) "goods" includes all such things as may be subject to adjudication as prize, but in the case of anaval prize does not include any aircraft or boat unless the aircraft or boat is a part of the cargo of aship; (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 ofbusiness in India; (g) "military aircraft" means any aircraft belonging to the Armed Forces and includes any armedaircraft in the service of the Armed Forces and any other aircraft used as a transport or auxiliary or inany 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 besubjected to adjudication and includes a ship or an aircraft and goods carried therein, irrespective ofwhether the ship is captured at sea or seized in port or whether the aircraft is on or over land or sea atthe time of capture or seizure; (i) "ship" includes a vessel and a boat with the tackle, furniture and apparel of the ship, vessel orboat; (j) "ship-of-war" means any ship belonging to the Armed Forces and includes any armed ship inthe service of the Armed Forces and any other ship used as transport or auxiliary or in any other wayfor the purpose of prosecuting or aiding hostilities; (k) "ship papers" includes all books, passes, sea briefs, charter parties, bills of lading, customsreceipts, manifests, certificates, licences, lists, tickets, notes, letters and other documents and writingsdelivered up or found on board a ship captured at sea or seized in port.

(1) The Central Government may, by notification in the OfficialGazette, constitute from time to time as many Prize Courts as the Central Government may determine toexercise the powers and discharge the functions conferred on a Prize Court by this Act and every suchPrize Court shall exercise jurisdiction within the local limits of such area or areas as may be specified bythe Central Government in the said notification. (2) Every Prize Court shall consist of such one or more than one member as the Central Governmentmay 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 citizenof 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 Courtshall be such as the Central Government may by order determine.

(1) Notwithstanding anything contained in anyother law for the time being in force, every Prize Court shall have exclusive jurisdiction in respect of eachprize and each proceeding for the condemnation of property as prize, whether such prize is taken beforeor after the commencement of this Act, if the prize is-- (a) brought into or seized within the territory of India; (b) brought into or seized within a locality in the temporary or permanent possession of, oroccupied by, the Armed Forces of the Union; or (c) appropriated for the use of the Central Government, and is brought within the territorial jurisdiction of that Prize Court: Provided that in the case of a Naval prize, the Prize Court shall have jurisdiction only if the prizecaptured or seized is brought to a port or place lying within the territorial jurisdiction of that Prize Court. (2) Every Prize Court shall also have exclusive jurisdiction in respect of a prize in which the prizeproperty-- (a) is lost or entirely destroyed; or (b) cannot be brought in for adjudication because of its nature and condition. (3) Without prejudice to the generality of the powers conferred by sub-section (1) , a Prize Court shalltake cognizance of and judicially proceed upon all manners of captures, seizures, prizes and reprisals ofall ships, vessels, aircrafts and goods that are captured or seized, and shall hear and determine the same,and in accordance with this Act and rules made thereunder, shall adjudge and condemn all such ships,vessels, aircrafts and goods belonging to any country or State or the nationals, citizens or subjects thereof,as may be captured or seized as prize during a war or as a measure of reprisal during an armed conflict orin the exercise of the right of self-defence. (4) Notwithstanding anything contained in this section, the Prize Court may in respect of any matterfor which no provision or insufficient provision is made, by or under this Act, apply the principles of theInternational Law regulating that matter.

(1) Where proceedings are pending in any Prize Court against any ship,aircraft or goods, the Prize Court may, at any stage of the proceedings, on application being made by theproper officer of the Central Government and upon being satisfied that the proceedings so far as theyrelate to the ship, aircraft or goods, or any part thereof, would be more conveniently conducted in anotherPrize Court, make an order remitting the proceedings or the proceedings so far as they relate to the ship,aircraft or goods, or any part of the goods, as the case may be, to such other Prize Court. (2) Where any proceedings have been so remitted to another Prize Court, that other Prize Court shallhave the same jurisdiction to deal with the matter as if the subject matter of those proceedings hadoriginally been seized within its jurisdiction or brought within its jurisdiction after capture or seizure, asthe case may be, and any order made or action taken in those proceedings before the order of remissionshall be deemed to have been made or taken by or in that Court.