MERCHANT SHIPPING ACT, 1958
(1) This Act may be called the Merchant Shipping Act, 1958.
(2) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint, and different dates1 may be appointed for different provisions of this Act.
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1. Parts I and II came into force on 15-12-1958; Part IV came into force on 17-3-1959; section 7, whole of Part XIV, i.e. sections 405 to 414, section 436, in so far as it relates to offences mentioned at Sl. Nos. 122 to 125 under section 436, sections 437 to 442, sections 447, 448, sections 456 to 460 and section 461, so far as it relates to Control of Shipping Act, 1947, on 1-4-1960; All other sections or parts, etc., on 1-1-1961. (These provisions include Part III (except section
(1) Unless otherwise expressly provided, the provisions of this Act which apply to—
(a) any vessel which is registered in India; or
(b) any vessel which is required by this Act to be so registered; or
(c) any other vessel which is owned wholly by persons to each of whom any of the descriptions specified in clause (a) or in clause (b) or in clause (c), as the case may be, of section 21 applies, shall so apply wherever the vessel may be.
(2) Unless otherwise expressly provided, the provisions of this Act which apply to vessels other than those referred to in sub-section (1) shall so apply only while any such vessel is within India, including the territorial waters thereof.]
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In this Act, unless the context otherwise requires,—
1[(1) “cargo ship” means a ship which is not a “passenger ship”;]
2[(1A)] “coasting ship” means a ship exclusively employed in trading between any port or place in India and any other port or place on the continent of India or between ports or places in India and ports or places in Ceylon or Burma;
(2) “coasting trade of India” means the carriage by sea of passengers or goods from ‘any port or place in India to any other port or place on the continent of India;
(3) “collision regulations” means the regulations made under section 285 for the prevention of collisions at sea;
(4) “company” means a company as defined in section 3 of the Companies Act,
(1) With effect from such date as the Central Government may, by notification in the Official Gazette, specify in this behalf, there shall be established a Board to be called the National Shipping Board (hereinafter in this Part referred to as the Board).
(2) The Board shall consist of the following members, namely:—
(a) six members elected by Parliament, four by the House of the People from among its members and the other two by the Council of States from among its members;
(b) such number of other members, not exceeding sixteen as the Central Government may think fit to appoint to the Board, to represent—
(i) the Central Government,
(ii) shipowners,
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The Board shall advise the Central Government—
(a) on matters relating to Indian shipping, including the development thereof; and
(b) on such other matters arising out of this Act as the Central Government may refer to it for advice.
(1) The Central Government may make rules to carry out the purposes of this Part.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the term of office of members of the Board and the manner of filling casual vacancies in the Board;
(b) the appointment of officers and other employees to enable the Board to discharge its functions under section 5 and the terms and conditions of their service;
(c) the travelling and other allowances payable to members of the Board.
(1) The Central Government may, by notification in the Official Gazette, appoint a person to be the Director General of Shipping for the purpose of exercising or discharging the powers, authority or duties conferred or imposed upon the Director General by or under this Act.
(2) The Central Government may, by general or special order, direct that any power, authority or jurisdiction exercisable by it under or in relation to any such provisions of this Act as may be specified in the order shall, subject to such conditions and restrictions as may be so specified, be exercisable also by the Director General or by such other officer as may be specified in the order.
(3) The Director General may, by general or special order, and with the previous approval of the Central Government, direct that any power or authority conferred upon or delegated
(1) The Central Government may establish and maintain at each of the ports of Bombay, Calcutta and Madras and at such other port in India as it may consider necessary an office of the Mercantile Marine Department for the administration of this Act and the rules and regulations thereunder.
(2) The office of the Mercantile Marine Department at the port of Bombay, Calcutta or Madras shall be in the charge of a principal officer, and the office at any other port shall be in the charge of such officer as the Central Government may appoint in this behalf.
(3) In the discharge of their duties, the principal officer and other officers shall be subject to the control of the Director General.
(1) The Central Government may, by notification in the Official Gazette, appoint at such ports as it may consider necessary as many persons as it may think fit to be surveyors for the purposes of this Act.
1[(lA) Without prejudice to the provisions of sub-section (1), the Central Government, in the case of cargo ships, may, by notification in the Official Gazette authorise any person or body of persons, on such terms and conditions as may be specified therein, to be surveyor or surveyors for the purposes of this Act.]
(2) The surveyors may be nautical surveyors, ship surveyors or engineer and ship surveyors.
(3) At any port at which no surveyor appointed under this section is available, the Central Government may, by notification in the Official Gazette, appoint any qualified person to perform
The Central Government may, by notification in the Official Gazette, appoint as many radio inspectors as it may consider necessary for the purpose of securing that the requirements of this Act and the rules and regulations thereunder relating to radio telegraphy, radio telephony and direction finders are complied with.
(1) The Central Government may, by notification in the Official Gazette, establish a shipping office at every port in India in which it thinks it necessary so to do, and shall appoint thereto a shipping master and as many deputy shipping masters and assistant shipping masters as it may consider necessary.
(2) Shipping masters, deputy shipping masters and assistant shipping masters shall exercise their powers and discharge their duties subject to the general control of the Central Government or of any intermediate authority which the Central Government may specify in this behalf.
(3) The Central Government may direct that at any port at which no separate shipping office is established, the whole or any part of the business of the shipping office shall be conducted at the custom house or at the office of the port officer or at such other o
(1) The Central Government may, by notification in the Official Gazette, establish at every port in India in which it thinks it necessary so to do, a seamen’s employment office and shall appoint thereto a director and as many deputy directors and assistant directors as it may consider necessary.
(2) The directors, deputy directors and assistant directors shall exercise their powers and discharge their duties subject to the general control of the Central Government or of any intermediate authority which the Central Government may specify in this behalf.
(3) All acts done by or before a deputy or assistant director shall have the same effect as if done by or before a director for the purposes of this Act.
(4) The Central Government may, by notification in the Official Gazette, direct that at any
(1) The Central Government may appoint seamen’s welfare officers at such ports in or outside India as it may consider necessary.
(2) A seamen’s welfare officer appointed under sub-section (1) shall perform—
(a) in the case of any such officer appointed at any port in India, such functions in relation to welfare of seamen as may be assigned to him by the Central Government;
(b) in the case of any such officer appointed at any port outside India, such functions in relation to welfare of seamen and such functions of an Indian consular officer under Part VII as may be assigned to him by the Central Government.
(3) If any seamen’s welfare officer appointed at any port outside India performs any functions assigned to an Indian consular o
1[14. [Omitted]
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1 . Pt. IV containing Sub-Section 14 to 19 omitted by Shipping Development fund Committee (Abolition) Act (66 of 1986), Section 3 (3-4-87).
1[15. [Omitted]
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1 . Pt. IV containing Sub-Section 14 to 19 omitted by Shipping Development fund Committee (Abolition) Act (66 of 1986), Section 3 (3-4-87).
1[16. [Omitted]
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1 . Pt. IV containing Sub-Section 14 to 19 omitted by Shipping Development fund Committee (Abolition) Act (66 of 1986), Section 3 (3-4-87).
1[17. [Omitted]
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1 . Pt. IV containing Sub-Section 14 to 19 omitted by Shipping Development fund Committee (Abolition) Act (66 of 1986), Section 3 (3-4-87).
1[18. [Omitted]
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1 . Pt. IV containing Sub-Section 14 to 19 omitted by Shipping Development fund Committee (Abolition) Act (66 of 1986), Section 3 (3-4-87).
1[19. [Omitted]
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1 . Pt. IV containing Sub-Section 14 to 19 omitted by Shipping Development fund Committee (Abolition) Act (66 of 1986), Section 3 (3-4-87).
This Part applies only to sea-going ships fitted with mechanical means of propulsion.
For the purposes of this Act, a ship shall not be deemed to be an Indian ship unless owned wholly by persons to each of whom 1[any] of the following descriptions applies:—
(a) a citizen of India; or
2[(b) a company or a body established by or under any Central or State Act which has its principal place of business in India; or
(c) a co-operative society which is registered or deemed to be registered under the Co-operative Societies Act, 1912 (2 of 1912), or any other law relating to co-operative societies for the time being in force in any State.]
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1. Subs. by Act 43 of 1981, sec. 2, for “either” (w.e.f. 28-9-1981).
2. S
(1) Every Indian ship, unless it is a ship which does not exceed fifteen tons net and is employed solely in navigation on the coasts of India, shall be registered under this Act.
(2) No ship required by sub-section (1) to be registered shall be recognised as an Indian ship unless she has been registered under this Act:
Provided that any ship registered at the commencement of this Act at any port in India under any enactment repealed by this Act, shall be deemed to have been registered under this Act and shall be recognised as an Indian ship.
(3) A ship required by this Act to be registered may be detained until the master of the ship, if so required, produces a certificate of registry in respect of the ship.
1[Explanation.—For the purposes of this s
(1) The ports at which registration of ships shall be made shall be the ports of Bombay, Calcutta and Madras and such other ports in India as the Central Government may, by notification in the Official Gazette, declare to be ports of registry under this Act.
(2) The port at which an Indian ship is registered for the time being under this Act shall be deemed to be her port of registry and the port to which she belongs.
At each of the ports of Bombay, Calcutta and Madras, the principal officer of the Mercantile Marine Department, and at any other port such authority as the Central Government may, by notification in the Official Gazette, appoint, shall be the registrar of Indian ships at that port:
1[Provided that subject to such order as the Central Government may issue in this behalf, when the office of registrar of Indian ships at any port is vacant or the holder of such office is on leave or is not available, for any reason, at the port to exercise and discharge the powers, duties and functions of the office, the senior most surveyor at that port may act as, and exercise and discharge the powers, duties and functions of, the registrar of Indian ships at that port.]
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Every registrar shall keep a book to be called the register book and entries in that book shall be made in accordance with the following provisions:—
(a) the property in a ship shall be divided into ten shares;
(b) subject to the provisions of this Act with respect to joint owners or owners by transmission, not more than ten individuals shall be entitled to be registered at the same time as owners of any one ship; but this rule shall not affect the beneficial interest of any number of persons represented by or claiming under or through any registered owner or joint owner;
(c) a person shall not be entitled to be registered as owner of a fractional part of a share in a ship; but any number of persons not exceeding five may be registered as joint owners of a ship or of
An application for the registry of an Indian ship shall be made—
(a) in the case of an individual, by the person requiring to be registered as owner or by his agent;
(b) in the case of more than one individual requiring to be so registered, by some one or more of the persons so requiring or by his or their agent; and
(c) in the case of a company 1[or a co-operative society] requiring to be so registered, by its agent,
and the authority of the agent shall be testified by writing, if appointed by an individual, under the hand of the person appointing him and, if appointed by a company, 1[or a co-operative society] under its common seal.
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(1) The owner of every Indian ship in respect of which an application for registry is made shall cause such ship to be surveyed by a surveyor and the tonnage of the ship ascertained in the prescribed manner.
(2) The surveyor shall grant a certificate specifying the ship’s tonnage and build and such other particulars descriptive of the identity of the ship as may be prescribed and the certificate of the surveyor shall be delivered to the registrar before registry.
(1) The owner of an Indian ship who applies for registry under this Act shall, before registry, cause her to be marked permanently and conspicuously in the prescribed manner and to the satisfaction of the registrar and any ship not so marked may be detained by the registrar.
(2) Subject to any other provision contained in this Act and to the provisions of any rules made thereunder, the owner and the master of an Indian ship shall take all reasonable steps to ensure that the ship remains marked as required by this section, and the said owner or master shall not cause or permit any alterations of such marks to be made except in the event of any of the particulars thereby denoted being altered in the manner provided in this Act or except to evade capture by the enemy or by a foreign ship of war in the exercise of some belligerent right.
A person shall not be registered as the owner of an Indian ship or of a share therein until he or, in the case of a company, 1[or a co-operative society] the person authorised by this Act to make declarations on its behalf has made and signed a declaration of ownership In the prescribed form referring to the ship as described in the certificate of the surveyor and containing the following particulars:—
(a) a statement whether he is or is not a citizen of India; 2[or in the case of a company, or a co-operative society, whether the company or a co-operative society, satisfies the requirements specified in clause (b) or, as the case may be, clause (c) of section 21;]
(b) a statement of the time when and the place where the ship was built or if the ship is built outside India and the time and place of building is not known,
On the first registry of an Indian ship, the following evidence shall be produced in addition to the declaration of ownership:—
(a) in the case of a ship built in India, a builder’s certificate, that is to say, a certificate signed by the builder of the ship and containing a true account of the proper denomination and the tonnage of the ship as estimated by him and the time when and the place where she was built, and the name of the person, if any, or whose account the ship was built; and if there has been any sale, the instrument of sale under which the ship or the share therein has become vested in the applicant for registry;
(b) in the case of a ship built outside India, the same evidence as in the case of a ship built in India unless the declarant who makes the declaration of ownership declares that the time and pla
As soon as the requirements of this Act preliminary to registry have been complied with, the registrar shall enter in the register book the following particulars in respect of the ship:—
(a) the name of the ship and the name of the port to which she belongs;
1[(aa) the ship identification number;]
(b) the details contained in the surveyors certificate;
(c) the particulars respecting her origin stated in the declaration of ownership; and
(d) the name and description of her registered owner or owners, and, if there are more owners than one, the number of shares owned by each of them.
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1. Ins. by the Me
On the registry of a ship, the registrar shall retain in his custody the following documents:—
(a) the surveyor’s certificate;
(b) the builder’s certificate;
(c) any instrument of sale by which the ship was previously sold;
(d) all declarations of ownership.
(1) Where it appears to the Central Government that there is any doubt as to the title of any Indian ship to be registered as an Indian ship, it may direct the registrar of her port of registry to require evidence to be given to his satisfaction within such time, not being less than thirty days as the Central Government may fix, that the ship is entitled to be registered as an Indian ship.
(2) If within such time as may be fixed by the Central Government under sub-section (1) evidence to the satisfaction of the registrar that the ship is entitled to be registered as an Indian ship is not given, the ship shall be liable to forfeiture.
On completion of the registry of an Indian ship, the registrar shall grant a certificate of registry containing the particulars respecting her as entered in the register book with the name of her master.
(1) The certificate of registry shall be used only for the lawful navigation of the ship, and shall not be subject to detention by season of any title, lien, charge or interest whatever, had or claimed by any owner, mortgagee or other person to, on or in the ship.
(2) No person, whether interested in the ship or not, who has in his possession or under his control the certificate of registry of a ship, shall refuse or omit without reasonable cause to deliver such certificate on demand to the person entitled to the custody thereof for the purposes of the lawful navigation of the ship or to any registrar, customs collector or other person entitled by law to require such delivery.
(3) Any person refusing or omitting to deliver the certificate as required by sub-section (2), may, by order, be summoned by 1[any Judicial Magistrate of the first
(1) In the event of the certificate of registry of an Indian ship being defaced or mutilated, the registrar of her port of registry may, on the delivery to him of that certificate, grant a new certificate in lieu of her original certificate.
(2) In the event of the certificate of registry of an. Indian ship being mislaid, lost or destroyed or of the person entitled thereto being unable to obtain it from the custody of any other person, the registrar of her port of registry shall grant a new certificate in lieu of her original certificate.
(3) If the port at which the ship is at the time of the event referred to in sub-section (2) or first arrives after the event is outside India, then the master of the ship or some other person having knowledge of the facts of the case shall make a declaration stating such facts and the names and descrip
Where the master of an Indian ship is changed, each of the following persons, that is to say,—
(a) if the change is made in consequence of the removal of the master by a Marine Board or by a court under this Act, the presiding officer of the Marine Board or of the court, as the case may be;
(b) if the change occurs from any other cause,—
(i) In India, the registrar or any other officer authorised by the Central Government on his behalf at the port where the change occurs, and
(ii) outside India, the Indian consular officer at the port where the change occurs,
shall endorse and sign on the certificate of registry a memorandum of the change; and any customs col
(1) Whenever a change occurs in the registered ownership of an Indian ship, the change of ownership shall be endorsed on her certificate of registry either by the registrar of the ship’s port of registry or by the registrar of any port at which the ship arrives who has been advised of the change by the registrar of the ship’s port of registry.
(2) The master shall, for the purposes of such endorsement by the registrar of the ship’s port of registry, deliver the certificate of registry to the registrar forthwith after the change if the change occurs when the ship is at her port of registry, and if it occurs during her absence from that port and the endorsement under this section is not made before her return, then, upon her first return to that port.
(3) The registrar of any port, not being the ship’s port of registry, who is required to
(1) In the event of a registered snip being either actually or constructively lost, taken by the enemy, burnt or broken up or ceasing for any reason to be an Indian ship, every owner of the ship or any share in the ship shall immediately on obtaining knowledge of the event, if no notice thereof has already been given to the registrar, give notice thereof to the registrar at her port of registry and that registrar shall make an entry thereof in the register book and its registry in that book shall be considered as closed except so far as relates to any unsatisfied mortgages entered therein.
(2) In any such case, except where the ship’s certificate of registry is mislaid, lost or destroyed, the master of the ship shall, immediately if the event occurs in any port in India, or within ten days after his arrival in port if it occurs elsewhere, deliver the certificate to the registrar of
(1) If at any port outside India a ship becomes entitled to be registered as an Indian ship, the Indian consular officer there may grant to her master on his application a provisional certificate containing such particulars as may be prescribed in relation to the ship and shall forward a copy of the certificate at the first convenient opportunity to the Director General.
(2) Such a provisional certificate shall have the effect of a certificate of registry until the expiration of six months from its date or until the arrival of the ship at a port where there is a registrar whichever first happens, and on either of those events happening shall cease to have effect.
Where it appears to the Central Government that by reason of special circumstances it is desirable that permission should be granted to any Indian ship to pass without being previously registered from one port to any other port in India, the Central Government may authorise the registrar of the first-mentioned port to grant a pass in such form as may be prescribed, and that pass shall for the time and within the limits therein mentioned have the same effect as a certificate of registry.
(1) No person shall transfer or acquire any Indian ship or any share or interest therein 1[at any time during which the security of India or of any part of the territory thereof is threatened by war or external aggression and during which a proclamation of emergency issued under clause (1) of article 352 of the Constitution is in operation] without the previous approval of the Central Government and any transaction effected in contravention of this provision shall be void and unenforceable.
(2) The Central Government may, if it considers it necessary or expedient so to do for the purpose of conserving the tonnage of Indian shipping, refuse to give its approval to any such transfer or acquisition.
2[(2A) No transfer or acquisition of any Indian ship shall be valid unless—
(a) all wages
(1) Every instrument for the transfer of an Indian ship or of a share therein when duly executed shall be produced to the registrar of her port of registry, and the registrar shall thereupon enter in the register book the name of the transferee as owner of the ship or share, as the case may be, and shall endorse on the instrument the fact of that entry having been made with the day and hour thereof.
(2) Every such instrument shall be entered in the register book in the order of its production to the registrar.
(1) Where the property in an Indian ship or share therein is transmitted to a person on the death or insolvency of any registered owner, or by any lawful means other than by a transfer under this Act,—
(a) that person shall authenticate the transmission by making and signing a declaration in the prescribed form (in this Act referred to as a declaration of transmission) identifying the ship and also a statement of the manner in which and the person to whom the property has been transmitted;
(b) if the transmission is consequent on insolvency, the declaration of transmission shall be accompanied by proper proof of such claim;
(c) if the transmission is consequent on death, the declaration of transmission shall be accompanied by a succession certificate, probate or lett
(1) Where by reason of the transmission of any property in a ship or a share therein on death, insolvency or otherwise, a ship ceases to be an Indian ship, the registrar of her port of registry shall submit a report to the Central Government setting out the circumstances in which the ship has ceased to be an Indian ship.
(2) On receipt of such report, the Central Government may make an application to the High Court for a direction for the sale to any citizen of India 1[or any 2[company or body or co-operative society] which satisfies the requirements specified in clause (b) or, as the case may be, clause (c) of section 21] of the property so transmitted.
(3) The High Court may require any evidence in support of the application it thinks requisite and may make such order thereon and on such terms and conditions as it thinks just or may re
Where any court, whether under section 45 or otherwise, orders the sale of any ship or share therein, the order of the court shall contain a declaration vesting in some person named by the court the right to transfer that ship or share, and that person shall thereupon be entitled to transfer the ship or share in the same manner and to the same extent as if he were the registered owner thereof, and every registrar shall obey the requisition of the person so named in respect of any such transfer to the same extent as if such person were the registered owner.
(1) A registered ship or a share therein may be made a security for a loan or other valuable consideration, and the instrument creating the security (in this Act called a mortgage) shall be in the prescribed form or as near thereto as circumstances permit, and on the production of such instrument the registrar of the ship’s port of registry shall record it in the register book.
(2) Mortgages shall be recorded by the registrar in the order in time in which they are produced to him for that purpose, and the registrar shall, by memorandum under his hand, notify on each mortgage that it has been recorded by him stating the day and hour of that record.
Where a registered mortgage is discharged, the registrar shall, on the production of the mortgage deed with a receipt for the mortgage money endorsed thereon, duly signed and attested, make an entry in the register book to the effect that the mortgage has been discharged, and on that entry being made the estate, if any, which passed to the mortgagee shall vest in the person in whom (having regard to intervening acts and circumstances, if any) it would have vested, if the mortgage had not been made.
If there are more mortgages than one recorded in respect of the same ship or share, the mortgagees shall, notwithstanding any express, implied or constructive notice, have priority according to the date on which each mortgage is recorded in the register book and not according to the date of each mortgage itself.
Except in so far as may be necessary for making a mortgaged ship or share available as a security for the mortgage debt, the mortgagee shall not, by reason of his mortgage, be deemed to be the owner of the ship or share, nor shall the mortgagor be deemed to have ceased to be owner thereof.
(1) Where there is only one registered mortgagee of a ship or share, he shall be entitled to recover the amount due under the mortgage by selling the mortgaged ship or share without approaching the High Court:
Provided that nothing contained in this sub-section shall prevent the mortgagee from recovering the amount so due in the High Court as provided in sub-section (2).
(2) Where there are two or more registered mortgagees of a ship or share they shall be entitled to recover the amount due under the mortgage in the High Court, and when passing a decree or thereafter the High Court may direct that the mortgaged ship or share be sold in execution of the decree.
(3) Every registered mortgagee of a ship or share who intends to recover the amount due under the mortgage by selling the mortgaged shi
A registered mortgage of a ship or share shall not be affected by any act of insolvency committed by the mortgagor after the date of the record of such mortgage, notwithstanding that the mortgagor, at the commencement of his insolvency, had the ship or share in his possession, order or disposition, or was the reputed owner thereof, and the mortgage shall be preferred to any right, claim or interest therein of the other creditors of the insolvent or any trustee or assignee on their behalf.
(1) A registered mortgagee of a ship or share may be transferred to any person and the instrument effecting the transfer shall be in the prescribed form or as near thereto as circumstances permit, and on the production of such instrument, the registrar shall record it by entering in the register book the name of the transferee as mortgagee of the ship or share and shall, by memorandum under his hand, notify on the instrument of transfer that it has been recorded by him stating the day and hour of the record.
(2) The person to whom any such mortgage has been transferred shall enjoy the same right of preference as was enjoyed by the transferor.
(1) Where the interest of a mortgagee in a ship or share is transmitted on death, or insolvency, or by any lawful means other than by a transfer under this Act, the transmission shall be authenticated by a declaration of the person to whom the interest is transmitted containing a statement of the manner in which and the person to whom the property has been transmitted, and shall be accompanied by the like evidence as is by this Act required in case of a corresponding transmission of the ownership of a ship or share.
(2) The registrar, on receipt of the declaration and the production of the evidence aforesaid, shall enter the name of the person entitled under the transmission in the register book as mortgagee of the ship or share.
(1) An Indian ship shall not be described by any name other than that by which she is for the time being registered.
(2) The registrar may refuse the registry of any Indian ship by the name by which it is proposed to register the ship if that name is already borne by another ship or if the name be so similar as is calculated or likely to deceive.
(3) A change shall not be made in the name of an Indian ship except in the prescribed manner.
(4) If any person acts or suffers any person under his control to act in contravention of this section or omits to do or suffers any person under his control to omit to do anything required under this 1[section], the ship may be detained until the provisions of this section are complied with:
Provided that nothing
When a registered ship is so altered as not to correspond with the particulars relating to her tonnage or description contained in the register book, then, if the alteration is made at any port having a registrar, that registrar, or if it is made elsewhere, the registrar of the first port having a registrar at which the ship arrives after the alteration, shall, on application being made to him stating the particulars of the alteration, either cause the alteration to be registered or direct that the ship be registered anew.
(1) For the purpose of registry of an alteration in a ship the ship’s certificate of registry shall be produced to the registrar, and the registrar shall, in his discretion, either retain the certificate of registry and grant a new certificate of registry containing a description of the ship as altered or endorse and sign on the existing certificate a memorandum of the alteration.
(2) The particulars of the alteration so made, and the fact of the new certificate having been granted, or endorsement having been made, shall be entered by the registrar of the ship’s port of registry in his register books, and for that purpose the registrar to whom the application for the registry of the alteration has been made (if he is not the registrar of the ship’s port of registry) shall forthwith report to the last-mentioned registrar the particulars and facts as aforesaid, accompanied, where a n
(1) Where any registrar, not being the registrar of the ship’s port of registry, on an application as to an alteration in a ship directs the ship to be registered anew, he shall either grant a provisional certificate describing the ship as altered, or provisionally endorse the particulars of the alteration on the existing certificate.
(2) Every such provisional certificate, or certificate provisionally endorsed, shall, within ten days after the first subsequent arrival of the ship at her port of discharge in India, be delivered to the registrar thereof and that registrar shall cause the ship to be registered anew.
(3) The registrar granting a provisional certificate, or provisionally endorsing a certificate under this section shall add to the certificate or endorsement a statement that the same is made provisionally, and shall send a rep
Subject to the other provisions contained in this Act, where the ownership of any Indian ship is changed, the registrar of the port at which the ship is registered may, on the application of the owner of the ship, register the ship anew although registry anew is not required under this Act.
(1) Where a ship is to be registered anew, the registrar shall proceed as in the case of first registry, and on the delivery to him of the existing certificate of registry and on the other requisites to registry, or in the case of a change of ownership such of them as he thinks material, being duly complied with, shall make such registry anew, and grant a certificate thereof.
(2) When a ship is registered anew, her former registry shall be considered as closed except so far as relates to any unsatisfied mortgage entered thereon, but the names of all persons appearing on the former register to be interested in the ship as owners or mortgagees shall be entered in the new register and the registry anew shall not in any way affect the rights of any of those persons.
(1) The registry of any ship may, with the previous approval of the Director-General, be transferred from one port of registry to another on the application to the registrar of the existing port of registry of the ship made by declaration in writing of all persons appearing in the register to be interested therein as owners or mortgagees, but that transfer shall not in any way affect the rights of those persons or any of them and those rights shall in all respects continue in the same manner as if no such transfer had been effected.
(2) On receipt of any such application the registrar shall transmit notice thereof to the registrar of the intended port of registry with a copy of all particulars relating to the ship and the names of all persons appearing in that register to be interested therein as owners or mortgagees.
(3) The ship’s cert
Where a ship has ceased to be registered as an Indian ship by reason of having been wrecked or abandoned, or for any reason other than capture by the enemy, the ship shall not be re-registered until she has at the expense of the applicant for the registry been surveyed by a surveyor and certified by him to be seaworthy.
(1) The Central Government may, by notification in the Official Gazette, declare what shall be the proper national colours for all ships registered under this Act and for all ships which are not so registered but which are owned by the Government or by any local authority or by any body corporate established by or under any law for the time being in force in India or by a citizen of India; and different colours may be declared for different classes of ships.
(2) Any commissioned officer of the Indian Navy, or any customs collector or any Indian consular officer, may board any ship on which any colours are hoisted contrary to this Act and seize and take away the colours which shall be forfeited to the Government.
No person on board a ship which is not an Indian ship shall, for the purpose of making it appear to be an Indian ship, use the Indian national colours, unless the assumption of Indian character has been made (the burden of proving which shall lie on him) for the purpose of escaping capture by the enemy or by a foreign ship of war in the exercise of some belligerent right.
No owner or master of an Indian ship shall knowingly do anything or permit anything to be done, or carry or permit to be carried any papers or documents, with intent to conceal the Indian character of the ship from any person entitled by any law for the time being in force to inquire into the same, or with intent to assume a foreign character for the ship, or with intent to deceive any person so entitled as aforesaid.
An Indian ship shall hoist the proper national colours—
(a) on a signal being made to her by any vessel of the Indian Navy;
(b) on entering or leaving any foreign port;
(c) if of fifty tons gross tonnage or more, on entering or leaving any Indian port.
(1) A customs collector shall not grant a clearance for any ship until the master of such ship has declared to that officer the name of the country to which he claims that she belongs, and that officer shall thereupon inscribe that name on the clearance.
(2) If a ship attempts to proceed to sea without such clearance, she may be detained by any customs collector until the declaration is made.
Where it is declared by this Act that an Indian ship shall not be recognised as such, that ship shall not be entitled to any privileges, benefits, advantages or protection usually enjoyed by Indian ships or to use the Indian national colours for Indian ships or to assume the Indian national character, but so far as regards the payment of dues the liability to fine and forfeiture and the punishment of offences committed on board such ship, or by any person belonging to her, such ship shall be dealt with in the same manner in all respects as if she were a recognised Indian ship.
Where any ship has either wholly or as to any share therein become subject to forfeiture under this Part, any commissioned officer of the Indian Navy, any customs collector or any Indian consular officer or any other officer authorised by the Central Government, may seize and detain the ship, and bring her for adjudication before the High Court, and the High Court may thereupon adjudge the ship with her equipment to be forfeited to the Government, and make such order in the case as to the High Court seems just and may award to the officer bringing in the ship for adjudication such portion of the proceeds of the sale of the ship or any share therein as the High Court thinks fit.
No notice of any trust, express, implied or constructive, shall be entered in the register book or be receivable by the registrar ‘and subject to any rights and powers appearing by the register book to be vested in any other person, the registered owner of a ship or of a share therein shall have power to dispose of the ship or share in the manner provided in this Act and to give effectual receipts for any money paid or advanced by way of consideration.
Where any person is beneficially interested otherwise than by way of mortgage in any ship or share in a ship registered in the name of some other person as owner, the person so interested shall, as well as the registered owner, be subject to all the pecuniary penalties imposed by this or any other Act on the owners of ships or shares therein, so nevertheless that proceedings for the enforcement of any such penalties may be taken against both or either of the said parties with or without joining the other of them.
(1) On application to the registrar and on payment of the prescribed fee, a person may, at any time during office hours, inspect any register book, and may obtain a certified copy of any entry in the register book.
(2) The following documents shall be admissible in evidence in any court in manner provided by this Act, namely:—
(a) any register book on its production from the custody of the registrar or other person having the lawful custody thereof;
(b) a certificate of registry under this Act purporting to be signed by the registrar or any other officer authorised in this behalf by the Central Government;
(c) an endorsement on a certificate of registry purporting to be signed by the registrar or any other officer authoris
The Central Government may, by notification in the Official Gazette, direct that, subject to such rules as may be made in this behalf, ships belonging to the Government other than ships of the Indian Navy may be registered as Indian ships under this Act and thereupon this Act, subject to any exceptions and modifications which may be made in the notification either generally or with respect to any class of ships belonging to Government, shall apply to ships belonging to Government registered in accordance with those rules as they apply to Indian ships registered in the manner provided by this Act.
(1) The Central Government may make rules to carry out the purposes of this Part.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the manner in which the tonnage of any ship shall be ascertained, whether for the purpose of registration or otherwise, including the mode of measurement;
(b) the recognition for the purpose of ascertaining the tonnage of any ship or for any other purpose, of any tonnage certificate granted in respect of any ship in any country outside India, the tonnage regulations of which are substantially the same as the tonnage rules made by the Central Government, including the conditions and restrictions subject to which such recognition may be gra
This Part applies to—
(a) every sea-going Indian ship fitted with mechanical means of propulsion wherever it is; and
(b) every foreign ship while it is at port or place in India.
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1. Subs. by Act 13 of 1987, sec. 2, for section 75 (w.e.f. 1-7-1989).
In this Part, unless the context otherwise requires,—
(a) “contiguous zone” means the contiguous zone of India described, or notified as such for the time being under section 5 of the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 (80 of 1976);
(b) “Convention” means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, signed at London on the 7th day of July, 1978, as amended from time to time.]
(1) Every Indian ship, when going to sea from any port or place, shall be provided with officers duly certified under this Act in accordance with such manning scales as may be prescribed:
Provided that the Central Government may prescribe different manning scales for different types of ships.
(2) Every ship, whether at sea or in any port or place, shall engage such number of persons and with such qualifications as may be prescribed for maintaining watches.
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1. Subs. by Act 13 of 1987, sec. 2, for section 76 (w.e.f. 1-7-1989).
2. Subs. by Act 63 of 2002, sec. 2, for section 76 (w.e.f. 1-2-2003).
Subject to the provisions contained in section 86, an officer shall not be deemed to be duly certificated under this Act unless he holds a certificate of a grade appropriate to his station in the ship or of a higher grade granted in accordance with this Act.
(1) Certificates of competency shall be granted in accordance with the provisions of this Act for each of the following grades, namely:—
extra Master;
master of a foreign-going ship;
first mate of a foreign-going ship;
second mate of a foreign-going ship;
master of a home-trade ship;
mate of a home-trade ship;
navigational watchkeeping officer;
extra first class engineer;
marine engineer officer class I;
marine engineer officer class II;
ma
(1) The Central Government or a person duly authorised by it in this behalf shall appoint persons for the purpose of examining the qualifications of persons desirous of obtaining certificates of competency under section 78.
(2) The Central Government or such authorised person shall grant to every applicant, who is duly reported by the examiners to have passed the examination satisfactorily and to have given satisfactory evidence of his sobriety, experience and ability and general good conduct on board ship, such a certificate of competency as the case requires:
Provided that the Central Government may, in any case in which it has reason to believe that the report has been unduly made, require, before granting a certificate, a re-examination of the applicant or a further inquiry into his testimonials and character.
&n
[Omitted by Merchant Shipping (Amdt.) Act (33 of 1986),Section 2 (14-8-86)].
Every certificate of competency granted under this Act shall be in the prescribed form and shall be made in duplicate and one copy shall be delivered to the person entitled to the certificate, and the other shall be kept and recorded in the prescribed manner.
A note of all orders made for cancelling, suspending, altering or otherwise affecting any certificate of competency, in pursuance of the powers contained in this Act, shall be entered on the copy of the certificate kept under section 81.
Whenever a person holding a certificate granted under this Act proves to the satisfaction of the Central Government that he has, without fault on his part, lost or been deprived of such certificate, the Central Government shall on payment of the prescribed fee, cause a copy of the certificate, to which by the record kept in accordance with this Act he appears to be entitled, to be granted to him, and such copy shall have all the effect of the original.
(1) The master of a foreign-going ship or the master of a home-trade ship of two hundred tons gross or more—
(a) on signing the agreement with his crew, shall produce to the shipping master before whom the same is signed, the certificates of competency which the 1[mates and engineers] of the ship are by this Act required to hold; 2[***]
(b) in the case of a running agreement, shall, also, before the second and every subsequent voyage, produce to the shipping master the certificate of competency of any mate or engineer then first engaged by him who is required by this Act to hold a certificate;
3[(c) who is not required to sign the agreement with the crew, shall submit before commencing the first voyage from any port to the Mercantile Marine Department having jurisdictio
If it appears to the Central Government that the holder of a certificate granted under this Act has obtained it on false or erroneous information, it may cancel or suspend such certificate:
Provided that no order under this section shall be passed by the Central Government unless the person concerned has been given an opportunity of making a representation against the order proposed.
(1) If provision, is made by the laws in force in any country other than India for the grant of certificates of competency 1[***] similar to those referred to in this Act, and the Central Government is satisfied—
(a) that the conditions under which any such certificates are granted in that country require standards of competency 1[***] not lower than those required for the grant under this Act of corresponding certificates; and
(b) that certificates granted under this Act are accepted in that country in lieu of the corresponding certificates granted under the laws of that country,
the Central Government may, by notification in the Official Gazette, declare that any certificate of competency 1[***] granted under the laws in force in that country and specified in that notificat
(1) Every master of a foreign ship shall, before proceeding to sea from any port or place in India, ensure that the ship has the requisite number of officers and engineers of appropriate grades as specified by the Convention.
(2) A surveyor or any person authorised in this behalf by the Central Government may, at any reasonable time, go on board a ship to which any of the provisions of this Part applies for the purpose of ensuring that the officers holding certificates issued in accordance with the Convention are actually appointed and are present, and satisfy himself about the adequacy of such officers for the watchkeeping duties in ports and at sea.
(3) If any report made under sub-section (2) by a surveyor or any person authorised in this behalf by the Central Government, reveals any deficiency in a foreign ship in relation to the req
(1) The Central Government may make rules to carry out the provisions of this Part.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the form and manner in which a service endorsement shall be made on the certificate of competency of a marine engineer officer class II;
(b) the number of persons and the qualifications they may possess for maintaining watches 2[by different types of ships] at sea or in any port or place;
(c) the conduct of the examination of persons desirous of obtaining certificates of competency and endorsements thereon for the grades falling under section 78;
In this Part, unless the context otherwise requires,—
(a) “appointed day” means the date on which the Merchant Shipping (Amendment) Act, 1979, comes into force;
(b) “certificate” means—
(i) a certificate of competency referred to in section 78; or
1[***]
(iii) a certificate of competency 2[***] referred to in section 86,
which has been obtained by any person by availing of training facilities in any of the merchant navy training establishments in India or experience of sea service on board any Indian ship 3[***];
(c) “Government”
(1) Every citizen of India who obtains, on or after the appointed day, a certificate shall be liable to serve the Government, or in any Indian ship, for such period not extending beyond four years from the date on which he obtains such certificate or for such shorter period as the Central Government may, by a general or special order published in the Official Gazette, specify.
(2) No citizen of India who has obtained, on or after the appointed day, a certificate shall accept any employment other than an employment under the Government or in any Indian ship, before the expiry of the period during which he is liable to serve the Government or in any Indian ship in accordance with the provisions of sub-section (1) and the orders made thereunder.
(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), a citizen of India
(1) When any person referred to in section 87B has failed to secure suitable employment within a reasonable period from the date on which he applied for the same, he may make an application to the Director General for exempting him from the requirements of sub-sections (1) and (2) of that section and if the Director General is satisfied that the grounds stated in the application justify the exemption sought for, he shall, by order, exempt such person from the requirements of those sub-sections.
(2) The Director General may, either on his own motion or on an application made by any person referred to in section 87B, by order in writing, exempt such person from the requirements of sub-sections (1) and (2) of that section, if the Director General is satisfied—
(a) that it is necessary so to do for compliance with any request made b
Every citizen of India who obtains, on or after the appointed day, a certificate, shall furnish, in such form and at such intervals as may be prescribed, particulars of the certificate or certificates obtained by him and of his employment.]
The Central Government may make rules for the classification of seamen other than ship’s officers into different categories and for the prescription of the minimum manning scale of seamen of such categories for ships; and different scales may be prescribed for different classes of ships.
It shall be the duty of shipping masters—
(a) to superintend and facilitate the engagement and discharge of seamen in the manner provided in this Act;
(b) to provide means for securing the presence on board at the proper times of the seamen who are so engaged;
(c) to facilitate the making of apprenticeship to the sea service;
(d) to hear and decide disputes under section 132 between a master, owner or agent of a ship and any of the crew of the ship;
1[(dd) to transmit the complaint of any dispute of a foreign seaman of a vessel, registered in a country other than India, in Indian territorial waters, with the master, owner or agent, to the competent authority of the
(1) The Central Government may, by notification in the Official Gazette, fix the fees which shall be payable upon all engagements and discharges effected before a shipping master.
(2) Scales of the fees payable for the time being shall be conspicuously placed in the shipping office, and a shipping master may refuse to proceed with any engagement or discharge unless the fees payable thereon are first paid.
(3) Every owner or master of a ship engaging or discharging any seamen in a shipping office or before a shipping master shall pay to the shipping master the whole of the fees hereby made payable in respect of such engagement or discharge, and may, for the purpose of reimbursing himself in part, deduct in respect of each such engagement or discharge from the wages of all persons (except apprentices) so engaged or discharged, and retain a
All shipping masters shall give to persons desirous of apprenticing boys not under fifteen years of age to sea service or requiring apprentices not under that age for the sea service such assistance as may be in their power, and may receive from those person such fees as the Central Government may fix.
(1) The apprenticeship of any boy to the sea service shall be by contract in writing between the apprentice or on his behalf by his guardian, if the boy is a minor, and the master or owner of the ship requiring the apprentice.
(2) Every such contract shall be executed in duplicate in the prescribed form and in accordance with the rules made by the Central Government in this behalf.
(3) Every such contract shall be executed in the presence of, and shall be attested by, the shipping master of the port, who shall, before the execution of the contract, satisfy himself—
(a) that the intended apprentice—
(i) understands the contents and provisions of the contract;
(ii) free
For the purpose of the record—
(a) the master or owner of the ship to whom an apprentice to the sea service is bound shall transmit the contract executed in duplicate within seven days of the execution thereof, to the shipping master, who shall record one copy and endorse on the other the fact that it has been recorded and redeliver it to the master or owner;
(b) the master or owner shall notify any assignment or cancellation of the contract and the death or desertion of the apprentice to the shipping master, within seven days of the occurrence, if it occurs within India, or as soon as circumstances permit, if it occurs elsewhere.
(1) The master of a ship shall, before carrying an apprentice to sea from a port in India, cause the apprentice to appear before the shipping master before whom the crew are engaged, and shall produce to him the contract by which the apprentice is bound, and every assignment thereof.
(2) The name of the apprentice, with the date of the contract and of the assignments thereof, if any, and the names of the ports at which the same have been registered, shall be entered on the agreement with the crew.
(1) It shall be the business of the seamen’s employment offices—
1[(a) to issue licence, to regulate and control the recruitment and placement service, and to—
(i) ensure that no fees or other charges for recruitment or placement of seafarers are borne directly or indirectly or in whole or in part, by the seafarers;
(ii) ensure that adequate machinery and procedures exist for the investigation, if necessary, of complaints concerning the activities of recruitment and placement services; and
(iii) to maintain registers of seamen in respect of the categories of seamen;]
(c) to perform such other duties relating to seamen and merchant ships as are, fro
(1) A person shall not engage or supply a seaman to be entered on board any ship in India unless that person is the owner, master or mate of the ship, or is the agent of the owner or is bona fide the servant and in the constant employ of the owner, or is a director of a seaman’s employment office, or a shipping master.
(2) A person shall not employ for the purpose of engaging or supplying a seaman to be entered on board any ship in India, any person unless that person is the owner, master or mate of the ship, or is the agent of the owner or is bona fide the servant and in the constant employ of the owner or is a director of a seamen’s employment office, or a shipping master.
(3) A person shall not receive or accept to be entered on board any ship any seaman, if that person knows that the seaman has been engaged or supplied in contraventi
(1) A person or company or organisation including a union purporting to represent the interests of seamen shall not demand or receive, either directly or indirectly, from any seaman or person seeking employment as seaman or any person on his behalf, any remuneration or donation or fees or compulsory subscription of any kind attributable from such seaman or person’s employment as seaman, other than the fees authorised by this Act.
(2) It shall be the duty of the company employing or proposing to employ person as seaman to ensure that no money has been demanded or received by any person or company or organisation including the union purporting to represent the interests of seamen by way of any remuneration or donation or fees or compulsory subscription of any kind attributable to employment of such person as seaman.]
There shall be no discrimination between seamen,—
(a) on the ground of their membership or lack of membership in any particular union purporting to represent the interests of seamen and membership in such union shall not be pre-requisite condition;
(b) on the basis of training institute from where they obtained training or place of issue of their continuous discharge certificates,
for their recruitment and engagement on board any ship.]
—————
1. Ins. by Act 63 of 2002, sec. 6 (w.e.f. 1-2-2003).
(1) The Central Government may, by notification in the Official Gazette, direct that, with effect from such date as may be specified in the notification, seamen generally or any category of seamen in particular shall not be engaged or carried to sea to work in any capacity in any ship or in any class of ships so specified, unless each one of them possesses the prescribed qualifications.
(2) Except as otherwise provided under the rules made under sub-section (3), no person shall engage or carry to sea any seaman to work in any capacity in any ship or in any class of ships specified in this behalf by the Central Government, unless the seaman is in possession of a certificate in the prescribed form granted by the prescribed authority to the effect that he is physically fit to be employed in that capacity.
(3) The Central Government may make
No person shall engage or carry to sea any seaman under this Act in any ship, except a home-trade ship of less than two hundred tons gross, from any port in India unless the seaman is in possession of a certificate of discharge or a continuous certificate of discharge issued under this Part.
(1) No person shall engage or carry to sea any seafarer in any ship, unless the seafarer is in possession of seafarers identity document.
(2) The seafarers identity document under sub-section (1) shall be issued in such form and manner and on payment of such fees as may be prescribed.
Explanation. —For the purposes of this section, “seafarer” means any person who is employed or engaged or works in any capacity on board a sea going ship ordinarily engaged in maritime navigation, other than a ship of war.]
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1.Ins. by the Merchant Shipping (Amendment) Act, 2007, sec. 5.
The master of every Indian ship, except a home-trade ship of less than two hundred tons gross, shall enter into an agreement (in this Act called the agreement with the crew) in accordance with this Act with every seamen whom he engages in, and carries to sea as one of his crew from any port in India.
(1) An agreement with the crew shall be in the prescribed form, and shall be dated at the time of the first signature thereof, and shall be 1[signed by the owner or agent and the master] before any seaman signs the same.
(2) The agreement with the crew shall contain as terms thereof the following particulars, namely:—
(a) the name of the ship or ships on board which the seaman undertakes to serve;
(b) either the nature and, as far as practicable, the duration of the intended voyage or engagement or the maximum period of the voyage or engagement, and the places or parts of the world, if any, to which the voyage or engagement is not to extend;
(c) the number and description of the crew of different categories in each departm
Notwithstanding anything contained in any other provision of this Act, the master of a ship registered at a port outside India who has an agreement with the crew made in due form according to the law of that port or of the port in which her crew were engaged, may engage in any port in India—
(a) a seaman who is not a citizen of India and who holds a continuous discharge certificate or any other similar document of identity issued by the competent authority of the country in which the ship is registered or, as the case may be, of the country in which the said agreement was made; or
(b) a seaman who is a citizen of India and who holds a certificate of discharge or a continuous certificate of discharge issued under this Act,
and any seaman so engaged under clause (a) or clause (
(1) The following provisions shall have effect with respect to every agreement made in India with the crew of an Indian ship, namely:—
(a) the agreement shall, subject to the provisions of this Act as to substitutes, be signed by each seaman in the presence of a shipping master;
(b) the shipping master shall cause the agreement to be read over and explained to each seaman, in a language understood by him or shall otherwise ascertain that each seaman understands the same before he signs it, and shall attest each signature;
(c) when the crew is first engaged, the agreement shall be signed in duplicate, and one part shall be retained by the shipping master, and the other part shall be delivered to the master, and shall contain a special place or form for the description
(1) When a running agreement has been made with the crew of a foreign-going Indian ship and the ship arrives after the expiration of a period of six months from the date on which it was executed at a port of destination in India which is not the port at which the crew have agreed to be discharged, the master may, with the previous sanction of the shipping master, renew the agreement with the crew, or may be required by the shipping master so to renew the agreement for the voyage from such port of destination to the port in India at which the crew have agreed to be discharged.
(2) If the master of the ship is required by the shipping master to renew the agreement as aforesaid and refuses so to renew it, any expenses which may be incurred by the Government for the subsistence of the crew and their conveyance to the port at which they have agreed to be discharged shall be a charge upo
1[(1)] The master of every foreign-going Indian ship and of every home-trade Indian ship of two hundred tons gross or more, the crew of which has been engaged before a shipping master, shall, before finally leaving the port where the engagement took place, sign and send to the nearest shipping master a full and accurate statement in the prescribed form, of every change which has taken place in his crew, and that statement shall be admissible in evidence.
2[(2) A copy of the statement referred to in sub-section (1) shall also be sent to the seaman’s employment office concerned.]
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1. Section 105 re-numbered as sub-section (1) thereof by Act 41 of 1984, sec. 6 (w.e.f. 15-7-1985).
2. Ins. by Ac
(1) In the case of a foreign-going Indian ship or a home-trade Indian ship of two hundred tons gross or more, on the due execution of an agreement with the crew in accordance with this Act, and also when, in the case of a foreign-going Indian ship, the agreement is a running agreement, on compliance by the master before the second and every subsequent voyage made after the first commencement of the agreement with the provisions of this Act respecting that agreement, the shipping master shall grant the master of the ship a certificate to that effect.
(2) The master of every such ship shall, before proceeding to sea, produce that certificate to the customs collector whose duty it is to grant a port clearance.
(3) No customs collector shall clear any such ship outwards without the production of such certificate, and, if any such ship attemp
The master shall, at the commencement of every voyage or engagement, cause a legible copy of the agreement and, if necessary, a certified translation thereof in a language understood by the majority of the crew (omitting the signatures), to be placed or posted up in such part of the ship as to be accessible to the crew.
Every erasure, interlineation or alteration in any agreement with the crew (except additions made for the purpose of shipping substitutes or persons engaged subsequently to the first departure of the ship) shall be wholly inoperative, 1[unless proved to have been made with the consent of all the persons, interested in the erasure, interlineation or alteration by the written attestation,—
(a) if in India, of some shipping master or customs collector; or
(b) if outside India, by an Indian consular officer or at any port outside India at which no Indian consular officer is available, any such person as is authorised in this behalf by the Central Government by notification in the Official Gazette].
—————
1. Subs. by Act 41 of 1984,
No person under 1[fourteen] years of age shall be engaged or carried to sea to work in any capacity in any ship, except—
(a) in a school ship, or training ship, in accordance with the prescribed conditions; or
(b) in a ship in which all persons employed are members of one family; or
(c) in a home-trade ship of less than two hundred tons gross; or
(d) where such person is to be employed on nominal wages and will be in the charge of his father or other adult near male relative.
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1. Subs. by Act 61 of 1986, sec. 25, for “fifteen’ (w.e.f. 23-12-1986).
(1) Save as otherwise provided in sub-sections (2) and (3), no young person shall be engaged or carried to sea to work as a trimmer or stoker in any ship.
(2) Sub-section (1) shall not apply—
(a) to any work of trimming or stoking done by a young person in a school ship or training ship in accordance with the prescribed conditions; or
(b) to any work of trimming or stoking done by a young person in a ship which is mainly propelled otherwise than by steam; or
(c) to the engagement or carrying to sea of a person over sixteen years of age to work as a trimmer or stoker on a coasting ship, provided he is employed in accordance with the prescribed conditions.
(3) Where in any port a
(1) Save as otherwise provided in sub-section (2), no young person shall be engaged or carried to sea to work in any capacity in any ship, unless there has been delivered to the master a certificate granted by a prescribed authority that the young person is physically fit to be employed in that capacity.
(2) Sub-section (1) shall not apply,—
(a) to the employment of a young person in a ship in which all persons employed are members of one family; or
(b) where the shipping master, on the ground of urgency, has authorised a young person to be engaged and carried to sea, without the certificate required by sub-section (1) being delivered to the master, and the young person is not employed beyond the first port at which the ship in which he is so engaged calls except in accordanc
There shall be included in every agreement with the crew of every Indian ship and every other ship which engages young persons in India, a list of young persons who are members of the crew, together with particulars of the dates of their birth, and, in the case of any such ship where there is no agreement, the master shall keep a register of young persons with particulars of the dates of their birth and of the dates on which they became or ceased to be members of the crew.
(1) The Central Government may make rules prescribing—
(a) the conditions of employment of young persons in any capacity in school ships and training ships, and the authorities by whom and the manner in which the inspection of their work shall be carried out;
(b) the conditions of employment of young persons as trimmers or stokers in coasting ships;
(c) the authorities whose certificates of physical fitness shall be accepted for the purposes of section 111; and
(d) the form of the register of young persons to be maintained in ships where there is no agreement with the crew.
(2) Rules under clause (b) of sub-section (1) shall be made after consultation with such organisa
(1) When the master of a ship other than an Indian ship engages a seaman at any port in India to proceed to any port outside India, he shall enter into an agreement with such seaman, and the agreement shall be made before a shipping master in the manner provided by this Act for the making of agreements in the case of foreign going Indian ships.
(2) All the provisions of this Act respecting the form of such agreements and the stipulations to be contained in them and the making and signing of the same, shall be applicable to the engagement of such seaman.
(3) The master of a ship other than an Indian ship shall give to the shipping master a bond with the security of some approved person resident in India for such amount as may be fixed by the Central Government in respect of each seaman engaged by him at any port in India and conditioned f
The Central Government or any officer authorised by it in this behalf, if satisfied that in the national interest or in the interests of seamen generally it is necessary so to do, may, by order in writing, prohibit the owner, master or agent of any ship other than an Indian ship specified in the order from engaging in India or in any specified part of India, any person to serve as a seaman on such ship.
With respect to the engagement of seamen outside India, the following provisions shall have effect:—
When the master of an Indian ship engages a seaman at any port outside India, the provisions of this Act respecting agreements with the crew made in India shall apply subject to the following modifications:—
(a) at any such port having an Indian consular officer, the master shall, before carrying the seaman to sea, procure the sanction of the consular officer, and shall, if not contrary to any law in force in that port, engage the seaman before that officer;
(b) the master shall request the Indian consular officer to endorse upon the agreement an attestation to the effect that it has been signed in his presence and otherwise made as required by this Act, and that
For the purpose of preventing seamen from being taken on board any ship at any port in India contrary to the provisions of this Act, any shipping master or deputy or assistant shipping master or any director, deputy director or assistant director of the seamen’s employment office, may enter at any time on board any such ship upon which he has reason to believe that seamen have been shipped, and may muster and examine the several seamen employed therein.
(1) When a seaman serving in a foreign-going ship is, on the termination of his engagement, discharged in India, he shall, whether the agreement with the crew be an agreement for the voyage or running agreement, be discharged in the manner provided by this Act in the presence of a shipping master.
(2) The provisions of sub-section (1) shall apply in relation to the discharge of seamen serving in a home-trade Indian ship of two hundred tons gross or more as they apply in relation to the discharge of seamen serving in a foreign-going ship:
Provided that this sub-section shall not apply where a seaman is discharged from a ship under an agreement made in accordance with section 103 for service in two or more ships, for the purpose of being engaged in another ship to which the agreement relates.
(3
(1) The master shall sign and give to a seaman discharged from his ship in India, either on his discharge or on payment of his wages, a certificate of his discharge in the prescribed form specifying the period of his service and the time and place of his discharge.
(2) The master shall also, upon the discharge of every certificated officer, whose certificate of competency has been delivered to and retained by him, return the certificate to the officer.
(1) When a seaman is discharged from a ship in India, the master shall furnish to the shipping master before whom the discharge is made a report in the prescribed form stating—
(a) the quality of the work of the seaman; or
(b) whether the seaman has fulfilled his obligations under the agreement with the crew; or
(c) that he declines to express an opinion on those particulars,
and the shipping master shall, if the seaman so desires, give to him or endorse on his certificate of discharge a copy of such report.
(2) A seaman who is entitled to a certificate of discharge under section 119 may, if he so desires, be granted by the master, in lieu of the certificate referred to in sub-s
(1) The master of an Indian ship shall not—
(a) discharge a seaman before the expiration of the period for which he was engaged, unless the seaman consents to his discharge; or
(b) except in circumstances beyond his control, leave a seaman or apprentice behind,
without the authority of the officer specified in this behalf by the Central Government and the officer aforesaid shall certify on the agreement with the crew that he has granted such authority, and also the reason for the seaman being discharged or the seaman or apprentice being left behind.
(2) The officer aforesaid to whom application is made for authority in terms of sub-section (1) shall investigate the grounds on which the seaman is to be discharged or the seaman or ap
(1) If a seaman or apprentice is left behind, the master shall enter in the official logbook a statement of the amount due to the seaman or apprentice in respect of wages at the time when he was left behind and of all property left on board by him, and shall take such property into his charge.
(2) Within forty-eight hours after the arrival of the ship at the port in India at which the voyage terminates, the master shall deliver to the shipping master—
(a) a statement of the amount due to the seaman or apprentice in respect of wages, and of all property left on board by him; and
(b) a statement, with full particulars, of any expenses that may have been caused to the master or owner of the ship by the absence of the seaman or apprentice, where the absence is due to a contravent
(1) When the service of a seaman or apprentice terminates without the consent of the said seaman or apprentice at a port outside India, and before the expiration of the period for which the seaman was engaged or the apprentice was bound, the master or owner of the ship shall, in addition to any other relative obligation imposed on either of them by this Act, make adequate provision for the maintenance of the seaman or apprentice according to his rank or rating, and for the return of that seaman or apprentice to a proper return port.
(2) If the master or owner fails without reasonable cause to comply with sub-section (1), the expenses of maintenance and of the journey to the proper return port shall, if defrayed by the seaman or apprentice, be recoverable as wages due to him, and if defrayed by an Indian consular officer, be regarded as expenses falling within the provisions of sub-
(1) If an Indian ship is transferred or disposed of while she is at or on a voyage to any port outside India, every seaman or apprentice belonging to that ship shall be discharged at that port, unless he consents in writing in the presence of the Indian consular officer to complete the voyage in the ship if continued.
(2) If a seaman or apprentice is discharged from an Indian ship in terms of sub-section (1), the provisions of section 123 shall apply as if the service of the seaman or apprentice had been terminated without his consent and before the expiration of the period for which the seaman was engaged or the apprentice was bound.
(3) Every seaman or apprentice discharged in terms of sub-section (1) shall, if the voyage for which he was engaged is not continued, be entitled to the wages to which he would have been entitled if his ser
(1) The master of every ship shall, before paying off or discharging a seaman under this Act, deliver at the time and in the manner provided by this Act a full and true account in the form prescribed of the seaman’s wages and of all deductions to be made therefrom on any account whatever.
(2) The said account shall be delivered, either to the seaman himself, at or before the time of his leaving the ship, or to the shipping master not less than twenty-four hours before the discharge or payment off.
(1) Where the master of a ship disrates a seaman, he shall forthwith enter or cause to be entered in the official log book a statement of the disrating, and furnish the seaman with a copy of the entry; and any reduction of wages consequent on the disrating shall not take effect until the entry has been so made and the copy so furnished.
(2) Any reduction of wages consequent on the disrating of a seaman shall be deemed to be a deduction from wages within the meaning of sections 125 and 127.
(1) A deduction from the wages of a seaman shall not be allowed unless it is included in the account delivered in pursuance of this Act except in respect of a matter happening after such delivery.
(2) The master shall during the voyage enter the various matters in respect of which the deductions are made, with the amount of the respective deductions as they occur, in a book to be kept for that purpose, and shall, if required, produce the book at the time of the payment of wages and also upon the hearing before any competent authority of any complaint or question relating to that payment.
(1) Where a seaman is discharged in India before a shipping master, he shall receive his wages through, or in the presence of, the shipping master unless a competent court otherwise directs.
(2) If the master or owner of a home-trade ship of less than two hundred tons gross so desires, the seamen of that ship may receive their wages in the same manner as seamen discharged from a foreign-going ship, or from a home-trade ship of two hundred tons gross or more.
(1) The master, owner or agent of every ship shall pay to every seaman his wages within four days after the seaman’s discharge, and the seaman shall at the time of his discharge be entitled to be paid on account a sum equal to one-fourth part of the balance due to him.
(2) If a master, owner or agent fails without reasonable cause to make payment at that time, he shall pay to the seaman such sum not exceeding the amount of two days’ pay for each of the days commencing from the day of discharge during which payment is delayed as the shipping master may in each case decide, but the sum so payable shall not exceed ten days’ double pay.
(3) Any sum payable under this section may be recovered as wages.
(1) Where a seaman is discharged and the settlement of his wages completed before a shipping master, the seaman shall sign in the presence of the shipping master a release in the form prescribed of all claims in respect of the past voyage or engagement, and the release shall also be signed by the master, owner or agent of the ship and attested by the shipping master.
(2) The release so signed and attested shall be retained by the shipping master and shall operate as a mutual discharge and settlement of all demands between the parties thereto in respect of the past voyage or engagement but shall not debar a claim to compensation for personal injury caused by accident arising out of and in the course of employment.
(3) A copy of the release, certified under the hand of the shipping master to be a true copy, shall be given by him to any par
Subject to the provisions of section 160 and to such restrictions and conditions as may be prescribed, any amount deposited with or recovered by the shipping master for making payment in accordance with the allotment note made by a seaman or for being paid to a seaman or his nominee may, if such amount remains unclaimed with the shipping master for a period of not less than six years, be utilised for the welfare of seamen in such manner as the Central Government may direct.]
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1. Ins. by Act 41 of 1984, sec. 8 (w.e.f. 15-7-1985).
Where a seaman expresses to the master of the ship his desire to have facilities afforded to him for remitting any part of the balance of the wages due to him to a savings bank or to a near relative, the master shall give to the seaman all reasonable facilities for so doing so far as regards so much of the balance as is within the limits, if any, specified in this behalf by the Central Government, but shall be under no obligation to give those facilities while the ship is in port if the sum will become payable before the ship leaves port or otherwise than conditionally on the seaman going to sea in the ship.
(1) Where under the agreement with the crew any dispute arises at any port in India between the master, owner or agent of a ship and any of the crew of the ship, it shall be submitted to the shipping master,—
(a) where the amount in dispute does not exceed 1[three thousand rupees], at the instance of either party to the dispute;
(b) in any other case, if both parties to the dispute agree in writing to submit the dispute to the shipping master.
2[(lA) Any complaint of dispute received by the shipping master from an Indian seaman, on a vessel registered in a country other than India, in Indian territorial waters, with the master, owner or agent.]
(2) The shipping master shall hear and decide the dispute so submitted and an award made
In any proceedings under this Act before a shipping master relating to the wages, claims or discharge of a seaman, the shipping master may require the owner, master or agent or any mate or other member of the crew to produce any logbooks, papers, or other documents in his possession or power relating to any matter in question in the proceedings, and may require the attendance of and examine any of those persons being then at or near the place on the matter.
Where a seaman or apprentice has agreed with the master of a ship for payment of his wages in Indian or other currency, any payment of, or on account of, his wages, if made in any currency other than that stated in the agreement shall, notwithstanding anything in the agreement, be made at the rate of exchange for the time being current at the place where the payment is made.
(1) Any agreement with the crew may contain a stipulation for payment to a seaman, conditional on his going to sea in pursuance of the agreement of a sum not exceeding the amount of one month’s wages payable to the seaman under the agreement.
(2) Save as aforesaid, an agreement by or on behalf of the employer of a seaman for the payment of money to or on behalf of the seaman, conditional on his going to sea from any port in India shall be void, and no money paid in satisfaction or in respect of any such agreement shall be deducted from the seaman’s wages, and no person shall have any right of action, suit or set-off against the seaman or his assignee in respect of any money so paid or purporting to have been so paid.
(3) No seaman, who has been lawfully engaged and has received under his agreement an advance payment, wilfully or through
(1) A seaman may require that a stipulation be inserted in the agreement for the allotment, by means of an allotment note, of any part (not exceeding three-fourths) of the amount of the monthly wages payable to him in favour of any such member of his family or any such relative or for any such purpose approved in this behalf by the Central Government by general or special order, as may be specified in the note.
(2) Every shipping master or other officer before whom the seaman is engaged shall, after the seaman has signed the agreement, inquire from the seaman whether he requires such a stipulation for the allotment of his wages by means of an allotment note.
(3) Whenever a seaman requires such a stipulation, the stipulation shall be inserted in the agreement of the crew, and such stipulation shall be deemed to have been agreed to by the
(1) A payment under an allotment note shall begin at the expiry of 1[one month from the date on which the seaman’s right to wages begins], and shall be made at the expiration of every subsequent month after the first month, and shall be made only in respect of the wages earned before the date of payment.
(2) The owner, master or agent who has authorised the drawing of an allotment note shall pay to the shipping master on demand the sums due under the note, and, if he fails to do so, the shipping master may sue for and recover the same with costs:
Provided that no such sum shall be recoverable if it is shown to the satisfaction of the court trying the case that the seaman has forfeited or ceased to be entitled to the wages out of which the allotment was to have been paid, but the seaman shall be presumed to be duly earning his wages unles
A seaman’s right to wages and provisions shall be taken to begin either at the time at which he commences work or at the time specified in the agreement for his commencement of work or presence on board, whichever first happens.
The ordinary hours of work for all seamen shall not exceed forty-eight hours in a week.]
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1. Ins. by Act 9 of 1998, sec. 4 (w.r.e.f. 26-9-1997).
A seaman shall not by any agreement forfeit his lien on the ship or be deprived of any remedy for the recovery of his wages to which, in the absence of the agreement, he would be entitled, and shall not by any agreement abandon his right to wages in case of loss of the ship or abandon any right that he may have or obtain in the nature of salvage, and every stipulation in any agreement inconsistent with any provisions of this Act shall be void.
(2) Nothing in this section shall apply to a stipulation made by the seamen belonging to any ship which according to the terms of the agreement is to be employed on salvage service with respect to the remuneration to be paid to them for salvage service to be rendered by that ship to any other ship.
(1) The right to wages shall not depend on the earning of freight, and every seaman and apprentice who would be entitled to demand and recover any wages if the ship in which he has served had earned freight, shall, subject to all other rules of law and conditions applicable to the case, be entitled to demand and recover the same notwithstanding that freight has not been earned, but in all cases of wreck or loss of the ship, proof that the seaman has not exerted himself to the utmost to save the ship, cargo and stores shall bar his claim to wages.
(2) Where a seaman or apprentice who would but for death be entitled by virtue of this section to demand and recover any wages dies before the wages are paid, they shall be paid and applied in manner provided by this Act with respect to the wages of a seaman who dies during a voyage.
(1) Where the service of any seaman engaged under this Act terminates before the date contemplated in the agreement by reason of the wreck, loss or abandonment of the ship or by reason of his being left on shore at any place outside India under a certificate granted under this Act of his unfitness or inability to proceed on the voyage, the seaman shall be entitled to receive,—
(a) in the case of wreck, loss or abandonment of the ship—
(i) wages at the rate to which he was entitled at the date of termination of his service for the period from the date his service is so terminated until he is returned to and arrives at a proper return port:
Provided that the period for which he shall be entitled to receive wages shall be not less than one month; and
(1) A seaman or apprentice shall not be entitled to wages—
(a) for any period during which he is absent without leave from his ship or from his duty; or
(b) for any period during which he unlawfully refuses or neglects to work when required; or
(c) unless the court hearing the case otherwise directs, for any period during which he is lawfully imprisoned.
(2) A seaman or apprentice shall not be disentitled to claim wages for any period during which he has not performed his duty if he proves that he was incapable of doing so by reason of illness, hurt or injury, unless it be proved that,—
(a) his illness, hurt or injury was caused by his own wilful act or default or his o
(1) If a seaman having signed an agreement is discharged, otherwise than in accordance with the terms thereof, without fault on his part justifying the discharge and without his consent, he shall be entitled to receive from the master, owner or agent, in addition to any wages he may have earned, as due compensation for the damage caused to him by the discharge, such sum as the shipping master may fix having regard to the circumstances relating to the discharge:
Provided that the compensation so payable shall not exceed—
(a) in the case of a seaman who has been discharged before the commencement of a voyage, one month’s wages; and
(b) in the case of a seaman who has been discharged after the commencement of a voyage, three months’ wages.
(1) As respects wages due or accruing to a seaman or apprentice—
(a) they shall not be subject to attachment by order of any court;
(b) an assignment thereof made prior to the accruing thereof shall not bind the person making the same;
(c) a power of attorney or authority for the receipt thereof shall not be irrevocable;
(d) a payment of wages to a seaman or apprentice shall be valid in law notwithstanding any previous assignment of those wages or any attachment thereof or encumbrance thereon.
(2) The provisions of clauses (b) and (c) of sub-section (1) shall not apply to so much of the wages of a seaman as have been or are hereafter assigned by way of contribution to a
(1) A seaman or apprentice or a person duly authorised on his behalf may, as soon as any wages due to him become payable, apply to 1[any Judicial Magistrate of the first class or any Metropolitan Magistrate, as the case may be,] exercising jurisdiction in or near the place at which his service has terminated or at which he has been discharged or at which any person upon whom the claim is made is or resides, and 2[such Magistrate] shall try the case in a summary way and the order made by 2[such Magistrate] in the matter shall be final.
(2) An application under sub-section (1) may also be made by any officer authorised by the Central Government in this behalf by general or special order.
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1. Subs. by Act 12 of 1983, sec. 17 and Sch., for “a
A proceeding for the recovery of wages due to a seaman or apprentice shall not be instituted by or on behalf of any seaman or apprentice in any civil court except where—
(a) the owner of the ship has been declared insolvent;
(b) the ship is under arrest or sold by the authority of any court;
(c) 1[a Judicial Magistrate of the first class or a Metropolitan Magistrate, as the case may be,] refers a claim to the court.
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1. Subs. by Act 12 of 1983, sec. 17 and Sch., for “a Magistrate” (w.e.f. 18-5-1983).
Where a seaman is engaged for a voyage which is to terminate in India, he shall not be entitled to sue in any court outside India for wages unless he is discharged with such sanction as is required by this Act, and with the written consent of the master, or proves such ill-usage on the part, or by the authority, of the master, as to warrant a reasonable apprehension of danger to his life if he were to remain on board.
(1) The master of a ship shall, so far as the case permits, have the same rights, liens and remedies for the recovery of his wages as a seaman has under this Act or by any law or custom.
(2) The master of a ship and every person lawfully acting as a master of a ship by reason of the decease or incapacity from illness of the master of the ship shall, so far as the case permits, have the same rights, liens and remedies for the recovery of disbursements or liabilities property made or incurred by him on account of the ship as a master has for recovery of his wages.
(3) If in any proceeding in any court touching the claim of a master in respect of such wages, disbursements or liabilities any set-off is claimed or any counter-claim is made, the court may enter into, and adjudicate upon, all questions and settle all accounts then arising or ou
Where a proceeding is instituted in any court in relation to any dispute between master, owner or agent of a ship and a seaman or apprentice, arising out of or incidental to their relation as such, or instituted for the purpose of this section, the court, if having regard to all the circumstances of the case, it thinks it just to do so, may rescind any contract between the master, owner or agent and the seaman or apprentice, upon such terms as the court may think just, and this power shall be in addition to any other jurisdiction which the court can exercise independently of this section.
(1) Where the Central Government is of opinion that any dispute between seamen or any class of seamen or of any union of seamen and the owners of ships in which such seamen are employed or are likely to be employed and exists or is apprehended and such dispute relates to any matter connected with or incidental to the employment of the seamen, the Central Government may, by notification in the Official Gazette, constitute a tribunal consisting of one or more persons, and refer the dispute to the tribunal for adjudication.
(2) The tribunal so constituted shall have power to regulate its own procedure and shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), when trying a suit in respect of the following matters:—
(a) enforcing the attendance of any person and examining him o
During the pendency of proceedings under section 150—
(a) no seamen or class of seamen or union of seamen shall go or remain on strike or otherwise act in a manner prejudicial to the normal operation of the ships in which the seamen are employed or are likely to be employed; and
(b) no owner of a ship shall—
(i) alter to the prejudice of the seamen concerned in the dispute, the conditions of service applicable to them immediately before the commencement of such proceedings; or
(ii) discharge or punish any seaman in respect of any matter connected with the dispute.
(1) If any seaman or apprentice engaged on any ship, the voyage of which is to terminate in India, dies during that voyage, the master of the ship shall report the death to the next-of-kin of the seaman or apprentice and to the shipping master at his port of engagement and shall take charge of any money or effects belonging to the seaman or apprentice which are on board the ship.
(2) The master shall thereupon enter in the official log book the following particulars, namely:—
(a) a statement of the amount of money and a detailed description of the other effects;
(b) a statement of the sum due to the deceased for wages and of the amount of deduction, if any, to be made from the wages.
(3) The said money, balance of wages and other e
(1) If any seaman or apprentice engaged on any ship, the voyage of which is to terminate in India, dies during that voyage and the ship before coming to a port in India touches and remains for forty-eight hours at some port elsewhere, the master shall report the case to the Indian consular officer at such port and shall give to the officer any information he requires as to the destination of the ship and probable length of the voyage.
(2) The Indian consular officer may, if he thinks it expedient, require the property of the seaman or apprentice to be delivered and paid to him and shall thereupon give to the master a receipt therefor and endorse under his hand upon the agreement with the crew such particulars with respect thereto as the Central Government may require.
(3) The receipt shall be produced by the master to the shipping master
(1) If the master of a ship fails to comply with the provisions of this Act with respect to taking charge of the property of the deceased seaman or apprentice, or to making in the official log book the proper entries relating thereto, or to the payment or delivery of such property, he shall be accountable for such property to the shipping master as aforesaid, and shall pay and deliver the same accordingly.
(2) The property may be recovered in the same court and manner in which the wages of seamen may be recovered under this Act.
If any seaman or apprentice on an Indian ship, or engaged in India on any other ship, the voyage of which is to terminate in India, dies at any place outside India leaving any money or effects not on board the ship, the Indian consular officer at or near the place shall claim and take charge of such money and other effects (hereinafter referred to as the property of a deceased seaman or apprentice).
(1) An Indian consular officer or a shipping master to whom the effects of a deceased seaman or apprentice are delivered or who takes charge of such effects under this Act may, if he thinks fit, sell the effects, and the proceeds of any such sale shall be deemed to form part of the property of the deceased seaman or apprentice.
(2) Before selling any valuables comprised in the said effects, such officer or shipping master shall endeavour to ascertain the wishes of the next-of-kin of the deceased seaman or apprentice as to the disposal of such valuables and shall, if practicable and lawful, comply with such wishes.
(3) An Indian consular officer to whom any property of a deceased seaman or apprentice is delivered or who takes charge of any such property under this Act shall remit the property to the shipping master at the port of engageme
(1) Where a seaman or apprentice is lost with the ship to which he belongs, the Central Government or such officer as the Central Government may appoint in this behalf may recover the wages and the compensation due to him from the owner, master or agent of the ship in the same court and in the same manner in which seamen’s wages are recoverable, and shall deal with those wages in the same manner as with the wages and compensation due to other deceased seamen or apprentices under this Act.
(2) In any proceedings for the recovery of the wages and compensation, if it is shown by some official records or by other evidence that the ship has, twelve months or upwards before the institution of the proceeding, left any port, she shall, unless it is shown that she has been heard of within twelve months after the departure, be deemed to have been lost with all hands on board either immediate
If a seaman or apprentice dies in India and is at the time of his death entitled to a claim from the master or owner of the ship in which he has served any effects or unpaid wages, the master, owner or agent shall pay and deliver or account for such property to the shipping master at the port where the seaman or apprentice was discharged or was to have been discharged or to such other officer as the Central Government may direct.
Where any property of a deceased seaman or apprentice is paid or delivered to a shipping master, the shipping master, after deducting for expenses incurred in respect of that seaman or apprentice or of his property 1[such sums as he thinks proper to allow, shall pay and deliver the residue to the person nominated by the seaman or apprentice in this behalf under section 159A and if he has not made any such nomination or the nomination made by him is or has become void, the shipping master may—]
(a) pay and deliver the residue to any claimants who can prove themselves to the satisfaction of the said shipping master to be entitled thereto, and the said shipping master shall be thereby discharged from all further liability in respect of the residue so paid or delivered; or
(b) if he thinks fit so to do, require probate or l
(1) A seaman may, for the purposes of sub-section (3) of section 141 and clause (b) of section 159 and an apprentice may, for the purposes of clause (b) of section 159, nominate any person or persons:
Provided that if the seaman or the apprentice has a family, he may nominate for the purposes aforesaid any one or more members of his family only and if a seaman or an apprentice acquires a family after he has made any such nomination, the nomination shall become void.
(2) The form in which any nomination may be made under sub-section (1), the cancellation or variation of any such nomination (including the making of a fresh nomination) and all other matters connected with such nominations shall be such as may be prescribed.]
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(1) Where no claim to the property of a deceased seamen or apprentice received by a shipping master is substantiated within one year from the receipt thereof by such shipping master, the shipping master shall cause such property to be sold and pay the proceeds of the sale into the public account of India.
(2) If, after the proceeds of the sale having been so paid, any claim is made thereto, then, if the claim is established to the satisfaction of the shipping master, the amount or so much thereof as shall appear to him to be due to the claimant, shall be paid to him, and if the claim is not so established, the claimant may apply by petition to the High Court, and such court, after taking evidence either orally or on affidavit, shall make such order on the petition as shall seem just:
Provided that, after the expiration of six years from
(1) The Indian consular officer at or near the place where a seaman is in distress shall, on application being made to him by the distressed seaman, provide in accordance with the rules made under this Act for the return of that seaman to a proper return port, and also for the said seaman’s necessary clothing and maintenance until his arrival at such port.
(2) A distressed seaman shall not have any right to be maintained or sent to a proper return port except to the extent and on the conditions provided for in the rules.
(3) All repatriation expenses, other than excepted expenses, incurred by or on behalf of the Central Government in accordance with the provisions of this Act shall constitute a debt due to the Central Government for which the owner or agent of the ship to which the seaman in respect of whom they were incurred belonged at
(1) A seaman may be sent to a proper return port by any reasonable route either by sea or land or if necessary by air or partly by any one and partly by any other of these modes.
(2) Provision shall be made for the return of the seaman as to the whole of the route if it is by sea or as to any part of the route which is by sea by placing the seaman on board an Indian ship which is in want of men to make up its complement, or, if that is not practicable, by providing the seaman with a passage in any ship, Indian or foreign, or with the money for his passage and, as to any part of the route which is by land or air, by paying the expenses of his journey and of his maintenance during the journey or providing him with means to pay those expenses.
(3) Where the master of a ship is required under this Part to provide for the return of a discharg
(1) The master of an Indian ship shall receive on board his ship and afford passage and maintenance to all distressed seamen whom he is required by the Indian consular officer to take on board his ship, and shall during the passage provide every such distressed seaman with accommodation equal to that normally provided for the crew of the ship and subsistence, proper to the rank or rating of the said distressed seaman.
(2) The master of a ship shall not be required to receive on board his ship a distressed seaman in terms of this section, if the Indian consular officer is satisfied that accommodation is not and cannot be made available for such seaman.
(1) Where a distressed seaman is for the purpose of his return to a proper return port placed on board an Indian ship, the Indian consular officer by whom the seaman is so placed shall endorse on the agreement with the crew of the ship particulars of the seaman so placed on board.
(2) On the production of a certificate signed by the Indian consular officer by whose directions any such distressed seamen were received on board, specifying the number and names of the distressed seamen and the time when each of them was received on board, and on a declaration made by the master stating the number of days during which each distressed seaman has received subsistence and stating the full complement of his crew and the actual number of seamen employed on board his ship and every variation in that number, whilst the distressed seamen received maintenance, the master shall be entitled to be
In any proceeding under this Part a certificate of the Central Government or of such officer as the Central Government may specify in this behalf to the effect that any seaman named therein is distressed shall be conclusive evidence that such seaman is distressed within the meaning of this Act.
If any question arises as to what return port a seaman is to be sent in any case or as to the route by which he should be sent, that question shall be decided by the Indian consular officer concerned, and in deciding any question under this provision, the Indian consular officer shall have regard both to the convenience of the seaman and to the expense involved, and also, where that is the case, to the fact that an Indian ship which is in want of men to make up its complement is about to proceed to a proper return port.
The Central Government may make rules with respect to the relief, maintenance and return to a proper return port of seamen found in distress in any place out of India and with respect to the circumstances in which, and the conditions subject to which, seamen may be relieved and provided with passages under this Part, and generally to carry out the provisions of this Part relating to distressed seamen.
(1) All Indian ships and all ships upon which seamen have been engaged shall have on board sufficient provisions and water of good quality and fit for the use of the crew on the scale specified in the agreement with the crew.
(2) If any person making an inspection under section 176 finds the provisions or water to be of bad quality and unfit for use or deficient in quantity, he shall signify it in writing to the master of the ship and may, if he thinks fit, detain the ship until the defects are remedied to his satisfaction.
(3) The master shall not use any provisions or water so signified to be of bad quality and shall in lieu of such provisions or water, provide other proper provisions or water and he shall, if the provisions or water be signified to be deficient in quantity, procure the requisite quantity of any provisions or water to
(1) In either of the following cases, that is to say,—
(a) if during the voyage the allowance of any of the provisions for which a seaman has by his agreement stipulated is reduced, or
(b) if it is shown that any of those provisions are or have during the voyage been bad in quality or unfit for use,
the seaman shall receive by way of compensation for that reduction or bad quality according to the time of its continuance, sums in accordance with such scale as may be prescribed, to be paid to him in addition to, and to be recoverable as, wages.
(2) If it is shown to the satisfaction of the court before which the case is tried that any provisions, the allowance of which has been reduced, could not be procured or supplied in proper qua
(1) With effect from such date as the Central Government may, by notification in the Official Gazette, specify, every foreign-going Indian ship of such tonnage as may be prescribed shall be provided with, and shall carry, a cook duly certificated under this Act.
(2) The Central Government may make rules specifying the qualifications, experience or sea service which may be required from persons who wish to obtain certificates of competency as cooks under this Act, and the conditions under which any such certificate may be granted, cancelled or suspended.
The master of a ship shall keep on board proper weights and measures for determining the quantities of the several provisions and articles served out and shall allow the same to be used at the time of serving out the provisions and articles in the presence of witnesses whenever any dispute arises about the quantities.
(1) The owner of every ship of over five hundred tons gross shall supply or cause to be supplied to every seaman for his personal use, bedding, towels, mess utensils and other articles according to such scale as may be prescribed; and different scales may be prescribed in respect of different classes of ships.
(2) All foreign-going Indian ships and all home-trade ships of two hundred tons gross or more shall have always on board a sufficient supply of medicines, medical stores, appliances and first aid equipment suitable for diseases and accidents likely to occur on voyages according to such scale as may be prescribed.
(3) It shall be the duty of the port health officer or such other person as the Central Government may appoint in this behalf to inspect the medicines, medical stores and appliances with which a ship is required to be prov
(1) Every foreign-going ship carrying more than the prescribed number of persons (including the crew), shall have on board as part of her complement a medical officer possessing such qualifications as may be prescribed.
(2) Nothing in this section shall apply to 1[special trade passenger ship] or a pilgrim ship.
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1. Subs. by Act 69 of 1976, sec. 2, for “an unberthed passenger ship” (w.e.f. 1-12-1976).
(1) If the master of an Indian ship, or a seaman or apprentice, receives any hurt or injury or suffers from any illness (not being a hurt, injury or illness due to his own wilful act or default or to his own misbehaviour), resulting in his being discharged or left behind at a place other than his proper return port, the expenses of providing the necessary surgical and medical advice, attendance and treatment and medicine, and also the expenses of the maintenance of the master, seaman or apprentice until he is cured, or dies, or is brought back to the port from which he was shipped or other port agreed upon after receiving the necessary medical treatment, and of his conveyance to that port, and in case of death, the expenses, if any, of his burial or cremation shall be defrayed by owner of the ship without any deduction on that account from his wages.
(2) If the master, seaman or ap
(1) The Central Government may, subject to the condition of previous publication, make rules with respect to the crew accommodation to be provided in ships of any class specified in the rules.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the minimum space for each person which must be provided in any ship to which the rules apply by way of sleeping accommodation for seamen and apprentices and the maximum number of persons by whom any specified part of such sleeping accommodation may be used;
(b) the position in any such ship in which the crew accommodation or any part thereof may be located and the standards to be observed in the construction, equipment and furnis
A shipping master, surveyor, seamen’s welfare officer, port health officer, Indian consular officer or any other officer at any port duly authorised in this behalf by the Central Government,—
(a) in the case of any ship upon which seamen have been shipped at that port, may at any time, and
(b) in the case of any Indian ship, may at any time, and if the master or three or more of the crew so request, shall,
enter on board the ship and inspect—
(i) the provisions and water,
(ii) the weights and measures,
(iii) the accommodation for seamen,
with which the ship is required to
The master of an Indian ship which is at sea shall, at least once in every ten days, cause an inspection to be made of the provisions and water provided for the use of the seamen and apprentices and the crew accommodation, for the purpose of ascertaining whether the same are being maintained in accordance with the requirements of this Act, and the person making the inspection shall enter a statement of the result of the inspection in a book specially kept for the purpose.
(1) The Central Government may, having regard to the provisions of the Convention concerning the Prevention of Occupational Accidents to Seafarers adopted by the General Conference of the International Labour Organisation on the 30th day of October, 1970, make rules so as to ensure safe working conditions for Indian ships and for preventing accidents and different rules may be made for different classes of ships and for ships of the same class in different circumstances.
(2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:—
(a) the manner in which any equipment or gear may be maintained, inspected or tested and conditions as to such maintenance, inspection and testing;
(b) th
A seaman shall, for the purposes of these provisions, be deemed to be a serving seaman during any period commencing on the date of the agreement with the crew and ending thirty days after the date on which the seaman is finally discharged from such agreement.
(1) If any person presenting any plaint, application or appeal to any court has reason to believe that any adverse party is a serving seaman, he shall make a statement accordingly in the plaint, application or appeal.
(2) If any collector has reason to believe that any seaman who ordinarily resides or has property in his district and who is a party to any proceedings pending before any court is unable to appear therein or is a serving seaman, the collector may certify the facts to the court.
(1) If a collector has certified under sub-section (2) of section 179, or if a court has reason to believe that a seaman who is a party to any proceeding before the court, is unable to appear therein or is a serving seaman, the court shall suspend the proceeding and shall give notice thereof to the shipping master:
Provided that the court may refrain from suspending the proceeding and giving the notice—
(a) if the proceeding is one instituted or made by the seaman, alone or conjointly with others, with the object of enforcing a right of pre-emption, or
(b) if the interests of the seaman in the proceeding are, in the opinion of the court, either identical with those of any other party thereto and adequately represented by such other party, or merely of a formal nature.
&nbs
(1) Where in any proceeding before court, a decree or order has been passed against any seaman while he was a serving seaman, the seaman, or if he dies while he is a serving seaman, his legal representative, may apply to the said court to have the decree or order set aside, and if the court after giving an opportunity to the opposite party of being heard, is satisfied that the interests of justice require that the decree or order should be set aside as against the seaman, the court shall subject to such conditions, if any, as it thinks fit to impose, make an order accordingly, and may, if it appears that any opposite party in the proceeding has failed to comply with the provisions of sub-section (1) of section 179, award, subject to such conditions as it thinks fit to impose, damages against such opposite party.
(2) The period of limitation for an application under sub-section (1)
In computing the period of limitation provided in the foregoing provisions or in the Indian Limitation Act, 1908 (9 of 1908), or in any other law for the time being in force, for any suit, appeal or application to a court to which a seaman is a party, the period or periods during which the seaman has been a serving seaman, and if the seaman has died while he was a serving seaman, the period from the date of his death to the date on which his next-of-kin was first informed, by the shipping master or otherwise, of his death, shall be excluded:
Provided that this section, shall not apply in the case of any suit, appeal or application instituted or made with the object of enforcing a right of pre-emption except in such areas and in such circumstances as the Central Government may, by notification in the Official Gazette, specify in this behalf.
If any court is in doubt whether, for the purposes of section 180 or section 181, a seaman is or was at any particular time or during any particular period a serving seaman, it may refer the question to the shipping master, and the certificate of the shipping master shall be conclusive evidence on the question.
If a seaman or apprentice states to the master that he desires to make a complaint to 1[a Judicial Magistrate of the first class or a Metropolitan Magistrate, as the case may be,] or other proper officer against the master or any of the crew, the master shall,—
(a) if the ship is then at a place where there is 1[a Judicial Magistrate of the first class or a Metropolitan Magistrate, as the case may be,] or other proper officer, as soon after such statement as the service of the ship will permit, and
(b) if the ship is not then at such place, as soon after her first arrival at such place as the service of the ship will permit,
allow the complainant to go ashore or send him ashore under proper protection so that he may be enabled to make the complaint.
Subject to the provisions of this Act, an assignment of salvage payable to a seaman or apprentice made prior to the accruing thereof shall not bind the person making the same, and a power-of-attorney or authority for the receipt of any such salvage shall not be irrevocable.
A debt incurred by any seaman after he has engaged to serve shall not be recoverable until the service agreed for is concluded.
(1) Any person who receives or takes into his possession or under his control any money or other property of a seaman or apprentice shall return the same or pay the value thereof when required by the seaman or apprentice subject to deduction of such amounts as may be justly due to him from the seaman or apprentice in respect of board or lodging or otherwise.
(2) Where 1[a Judicial Magistrate of the first class or a Metropolitan Magistrate, as the case may be,] imposes a fine for a contravention of this section, he may direct the amount of such money or the value of the property subject to such deduction as aforesaid, if any, or the property itself to be forthwith paid or delivered to the seaman or apprentice.
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1. Subs. by Act 12 of 1983,
No person shall, while a ship is at any port or place in India—
(a) solicit a seaman or apprentice to become a lodger at the house of any person letting lodgings for hire; or
(b) take out of the ship any property of the seaman or apprentice except under the direction of the seaman or apprentice and with the permission of the master.
Where a ship has arrived at a port or place in India at the end of a voyage and any person, not being in the service of the Government or not being duly authorised by law for the purpose, goes on board the ship without the permission of the master before the seamen lawfully leave the ship at the end of their engagement or are discharged (whichever happens last), the master of the ship may take such person into custody and deliver him up forthwith to a police officer to be taken before 1[a judicial Magistrate of the first class or a Metropolitan Magistrate, as the case may be,] to be dealt with according to the provisions of this Act.
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1. Subs. by Act 12 of 1983, sec. 17 and Sch., for “a Magistrate” (w.e.f. 18-5-1983).
No master, seaman, or apprentice belonging to an Indian ship, wherever it may be, or to any other ship, while in India, shall knowingly—
(a) do anything tending to the immediate loss or destruction of, or serious damage to, the ship, or tending immediately to endanger the life of, or to cause injury to any person belonging to or on board the ship; or
(b) refuse or omit to do any lawful act proper and requisite to be done by him for preserving the ship from immediate loss, destruction or serious damage, or for preserving any person belonging to or on board the ship from danger to life or from injury.
(1) No seaman lawfully engaged and no apprentice—
(a) shall desert his ship; or
(b) shall neglect or refuse, without reasonable cause, to join the ship or to proceed to sea in his ship or be absent without leave at any time within twenty-four hours of the ship’s sailing from a port either at the commencement or during the progress of a voyage, or be absent at any time without leave and without sufficient reason from his ship or from his duty.
(2) For the purposes of sub-section (1), the fact that the ship on which the seaman or apprentice is engaged or to which he belongs is unseaworthy shall be deemed to be a reasonable cause:
Provided that the seaman or apprentice has, before failing or refusing to join his ship or to proceed to
If it is shown to the satisfaction of a proper officer that a seaman has deserted his ship or has absented himself without leave and without sufficient reason from his ship or from his duty, the proper officer shall forthwith make a report to that effect to the Director General who may thereupon direct that the seaman’s certificate of discharge or continuous certificate of discharge shall be withheld for such period as may be specified in the direction.
(1) If a seaman or apprentice deserts his ship or is absent without leave and without sufficient reason from his ship or from his duty, the master, any mate, the owner or agent of the owner of the ship may, without prejudice to any other action that may be taken against the seaman or apprentice under this Act, convey him on board his ship and may for that purpose cause to be used such force as may be reasonable in the circumstances of the case.
(2) If, either at the commencement or during the progress of any voyage, a seaman or apprentice engaged in an Indian ship commits outside India, the offence of desertion or absence without leave or any offence against discipline, the master, any mate, the owner or agent of the owner may, if and so far as the laws in force in the place will permit, arrest him without first procuring a warrant.
(3)
A seaman lawfully engaged or an apprentice shall be guilty of an offence against discipline if he commits any of the following acts, namely:—
(a) if he quits the ship without leave after her arrival at her port of delivery and before she is placed in security;
(b) if he is guilty of wilful disobedience to any lawful command or neglect of duty;
(c) if he is guilty of continued wilful disobedience to lawful commands or continued wilful neglect of duty;
(d) if he assaults the master or any other 1[officer of, or a seaman or an apprentice belonging to, the ship];
(e) if he combines with any of the crew to disobey lawful commands or to neglect duty or to impede the
(1) If a seaman lawfully engaged or an apprentice is convicted of an offence of smuggling any goods whereby loss or damage is occasioned to the master or owner of the ship, he shall be liable to pay to that master or owner a sum sufficient to re-imburse the loss or damage and the whole or a part his wages may be retained in satisfaction on account of that liability without prejudice to any other remedy.
(2) If a seaman lawfully engaged is convicted of an offence of smuggling opium, hemp or any other narcotic drug or narcotic, the Director General may direct that the seaman’s certificate of discharge or continuous certificate of discharge shall be cancelled or shall be suspended for such period as may be specified in the direction.
If any offence within the meaning of this Act of desertion or absence without leave or against discipline is committed, or if any act of misconduct is committed for which the offender’s agreement imposes a fine and it is intended to enforce the fine,—
(a) an entry of the offence or act shall be made in the official log book and signed by the master, the mate and one of the crew; and
(b) the offender, if still in the ship, shall, before the next subsequent arrival of the ship at any port, or, if she is at the time in port, before her departure therefrom, be furnished with a copy of the entry and have the same read over distinctly and audibly to him and may thereupon make such reply thereto as he thinks fit; and
(c) a statement of a copy of the entry having been so fur
Whenever any seaman engaged outside India on an Indian ship deserts or otherwise absents himself in India without leave, the master of the ship shall, within forty-eight hours of discovering such desertion or absence, report the same to the shipping master or to such other officer as the Central Government specifies in this behalf, unless in the meantime, the deserter or absentee returns.
(1) In every case of desertion from an Indian ship whilst such ship is at any place out of India, the master shall produce the entry of desertion in the official log book to the Indian consular officer at the place, and that officer shall thereupon, make and certify a copy of the entry.
(2) The master shall forthwith transmit such copy to the shipping master at the port at which the seaman of apprentice was shipped, and the shipping master shall, if required, cause the same to be produced in any legal proceeding.
(3) Such copy, if purporting to be so made and certified as aforesaid, shall, in any legal proceeding relating to such desertion, be admissible in evidence.
(1) Whenever a question arises whether the wages of any seaman or apprentice are forfeited for desertion from a ship, it shall be sufficient for the person insisting on the forfeiture to show that the seaman or apprentice was duly engaged in or belonged to the ship, and either that he left the ship before the completion of the voyage or engagement or, if the voyage was to terminate in India and the ship has not returned, that he is absent from her and that an entry of his desertion has been duly made in the official log book.
(2) The desertion shall thereupon, so far as relates to any forfeiture of wages under this Part, be deemed to be proved, unless the seaman or apprentice can produce a proper certificate of discharge or can otherwise show to the satisfaction of the court that he had sufficient reasons for leaving his ship.
(1) Where any wages or other property are under this Act forfeited for desertion from a ship, they shall be applied towards reimbursing the expenses caused by the desertion to the master or the owner of the ship, and subject to that reimbursement, shall be paid to the Central Government.
(2) For the purposes of such reimbursement the master or the owner or his agent may, if the wages are earned subsequent to the desertion, recover them in the same manner as the deserter could have recovered them if not forfeited; and the court in any legal proceeding relating to such wages may order them to be paid accordingly.
Any question concerning the forfeiture of or deductions from the wages of a seaman or apprentice may be determined in any proceeding lawfully instituted with respect to those wages, notwithstanding that the offence in respect of which the question arises, though by this Act made punishable by imprisonment as well as forfeiture, has not been made the subject of any criminal proceeding.
(1) Every fine imposed on a seaman for any act of misconduct under this agreement shall be deducted and paid over as follows, namely:—
(a) if the offender is discharged at any port or place in India and the offence and such entries in respect thereof as aforesaid are proved to the satisfaction of the shipping master before whom the offender is discharged, the master or owner shall deduct such fine from the wages of the offender and pay the same over to such shipping master; and
(b) if the seaman is discharged at any port or place outside India and the offence and such entries as aforesaid are proved to the satisfaction of the Indian consular officer, by whose sanction he is so discharged, the fine shall thereupon be deducted as aforesaid, and an entry of such deduction shall then be made in the official log book, if any
No person shall by any means whatever persuade or attempt to persuade a seaman or apprentice to neglect or refuse to join or proceed to sea in or desert from his ship, or otherwise to absent himself from his duty.
No person shall harbour or secrete a seaman or apprentice who has wilfully neglected or refused to join or has deserted from his ship, knowing or having reason to believe the seaman or apprentice to have so done:
1[Provided that the provisions of this section shall not extend to the case in which the harbour or secreting is by the spouse of the seaman or apprentice.]
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1. Ins. by Act 41 of 1984, sec. 17 (w.e.f. 15-7-1985).
(1) No person shall secrete himself and go to sea in a ship without the consent of either the owner, agent or master or of a mate, or of the person in charge of the ship or of any other person entitled to give that consent.
(2) Every seafaring person to whom the master of a ship is under the authority of this Act or any other law compelled to take on board and convey and every person who goes to sea in a ship without such consent as aforesaid shall, so long as he remains in the ship, be subject to the same laws and regulations for preserving discipline and to the same fine, and punishments for offences constituting or tending to a breach of discipline as if he were a member of, and has signed the agreement with the crew.
(3) The master of any Indian ship arriving at any port or place in or outside India and the master of any ship other t
If any seaman engaged outside India is imprisoned on complaint made by or on behalf of the master or owner of the ship or for any offence for which he has been sentenced to imprisonment for a term not exceeding one month, then—
(a) while such imprisonment lasts, no person shall without the previous sanction in writing of the Central Government or of such officer as it may specify in this behalf, engage in India any person to serve as a substitute for such seaman on board the ship; and
(b) the Central Government or such officer as it may specify in this behalf may tender such seaman to the master or owner of the ship in which he is engaged to serve, and if such master or owner, without assigning reasons satisfactory to the Central Government or to such officer as aforesaid, refuses to receive him on board may require s
If any seaman engaged outside India is imprisoned for any offence for which he has been sentenced to imprisonment for a term not exceeding three months, and if, during such imprisonment and before his engagement is at an end, his services are required on board his ship, any Magistrate may, at the request of the master or owner or his agent, cause the seaman to be conveyed on board the ship for the purpose of proceeding on the voyage or to be delivered to the master or any mate of the ship or to the owner or his agent to be by them so conveyed, notwithstanding that the period for which he was sentenced to imprisonment has not terminated.
(1) If during the progress of a voyage the master of any Indian ship is removed or superseded or for any other reason quits the ship and is succeeded in the command by some other person, he shall deliver to his successor the various documents relating to the navigation of the ship and the crew thereof which are in his custody.
(2) Such successor shall immediately on assuming the command of the ship enter in the official log book a list of the documents so delivered to him.
Where a seaman is transferred under his agreement from one ship to another, the master of the ship from which the seaman is transferred shall, as soon as practicable, transmit to the master of the other ship all documents in his possession relating to the seaman.
(1) The master of a ship shall not discharge at any place in India a seaman or apprentice engaged outside India unless he previously obtains the sanction in writing of such officer as the Central Government appoints in this behalf; but such sanction shall not be refused when the seaman or apprentice is discharged on the termination of his service.
(2) Subject to the provisions contained in sub-section (1), the sanction under that sub-section shall be given or withheld at the discretion of the officer so appointed, but whenever it is withheld, the reasons for so withholding it shall be recorded by him.
(1) Where it appears to the Central Government that due facilities are or will be given by the Government of any country outside India for recovering and apprehending seamen who desert from Indian ships in that country, the Central Government may, by notification in the Official Gazette, stating that such facilities are or will be given, declare that this section shall apply to seamen belonging to ships of such country, subject to such limitations or conditions as may be specified in the notification.
(2) Where this section applies to seamen belonging to ships of any country and a seaman deserts from any such ship, when within India, any court that would have had cognizance of the matter if the seaman or apprentice had deserted from an Indian ship shall, on the application of a consular officer of that country, aid in apprehending the deserter and for that purpose may, on informati
(1) An official log shall be kept in the prescribed form in every Indian ship except a home-trade ship of less than two hundred tons gross.
(2) The official log may, at the discretion of the master or owner, be kept distinct from or united with the ordinary ship’s log so that in all cases the spaces in the official log book be duly filled up.
(1) An entry required by this Act in the official log book shall be made as soon as possible after the occurrence to which it relates, and, if not made on the same day as that occurrence, shall be made and dated so as to show the date of the occurrence and of the entry respecting it and if made in respect of an occurrence happening before the arrival of the ship at her final port of discharge, shall not be made more than twenty-four hours after that arrival.
(2) Save as otherwise provided in this Act, every entry in the official log book shall be signed by the master and by the mate or some other member of the crew and also—
(a) if it is an entry of injury or death, shall be signed by the medical officer on board, if any; and
(b) if it is an entry of wages due to or the pro
(1) The master of a ship for which an official log is required shall enter or cause to be entered in the official log book the following matters, namely:—
(a) every conviction by a legal tribunal of a member of his crew and the punishment inflicted;
(b) every offence committed by a member of his crew for which it is intended to prosecute or to enforce a forfeiture or exact a fine, together with such statement concerning the reading over of that entry and concerning the reply (if any) made to the charge as is by this Act required;
(c) every offence for which punishment is inflicted on board and the punishment inflicted;
(d) a report on the quality of work of each member of his crew, or a statement that the mast
(1) An official log book shall be kept in the manner required by this Act, and an entry directed by this Act to be made therein shall be made at the time and in the manner directed by this Act.
(2) No person shall make or procure to be made or assist in making any entry in any official log book in respect of any occurrence happening previously to the arrival of the ship at her final port of discharge more than twenty-four hours after such arrival.
The master of every ship for which an official log book is required to be kept under this Act shall, within forty-eight hours after the ship’s arrival at her final port of destination in India or upon the discharge of the crew, whichever first happens, deliver the official log book of the voyage to the shipping master before whom the crew is discharged.
(1) If for any reason the official log ceases to be required in respect of an Indian ship, the master or owner of the ship shall, if the ship is then in India within one month, and if she is elsewhere within six months, after the cessation, deliver or transmit to the shipping master at the port to which the ship belonged the official log book duly completed up to the time of cessation.
(2) If a ship is lost or abandoned, the master or owner thereof shall, if practicable and as soon as possible, deliver or transmit to the shipping master at her port of registry the official log book, duly completed up to the time of the loss or abandonment.
(1) The Central Government may, by notification in the Official Gazette, constitute an advisory board to be called the National Welfare Board for Seafarers (hereinafter referred to as the Board) for the purpose of advising the Central Government on the measures to be taken for promoting the welfare of seamen (whether ashore or on board ship) generally and in particular the following:—
(a) the establishment of hostels or boarding and lodging houses for seamen;
(b) the establishment of clubs, canteens, libraries and other like amenities for the benefit of seamen;
(c) the establishment of hospitals for seamen or the provision of medical treatment for seamen;
(d) the provision of educational and other facilities f
This Part applies only to sea-going passenger ships fitted with mechanical means of propulsion, but the provisions of this Part relating to 1[special trade passenger ships] shall not apply—
(a) to any such ship not carrying more than thirty 2[special trade passengers]; or
(b) to any such ship not intended to carry 2[special trade passengers] to or from any port or place in India.
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1. Subs. by Act 69 of 1976, sec. 2, for “unberthed passenger ships” (w.e.f. 1-12-1976).
2. Subs. by Act 69 of 1976, sec. 2, for “unberthed passengers” (w.e.f. 1-12-1976).
(1) No ship shall carry more than twelve passengers between ports or places in India or to or from any port or place in India from or to any port or place outside India, unless she has a certificate of survey under this Part in force and applicable to the voyage on which she is about to proceed or the service on which she is about to be employed:
Provided that nothing in this section shall apply to any ship which has been granted a certificate under section 235, unless it appears from the certificate that it is inapplicable to the voyage on which the ship is about to proceed or the service on which she is about to be employed, or unless there is reason to believe that the ship has, since the grant of the certificate, sustained injury or damage or been found unseaworthy or otherwise inefficient.
(2) No Customs Collector shall grant a port
(1) The owner or agent of every passenger ship for which a certificate of survey is required under this Part shall cause it to be surveyed in the prescribed manner.
(2) For the purposes of a survey under this Part, a surveyor may, at any reasonable time, go on board a ship, and may inspect the ship and any part thereof, and the machinery, equipment or articles on board thereof:
Provided that he does not unnecessarily hinder the loading or unloading of the ship, or unnecessarily detain or delay her from proceeding on any voyage.
(3) The owner, agent, master and every officer of the ship shall afford to the surveyor all reasonable facilities for a survey, and all such information respecting the ship and her machinery and equipment, or any part thereof, respectively, as the surveyor reasonably re
Before a survey under this Part is commenced, the owner, agent or master of the ship to be surveyed shall pay to such officer as the Central Government may appoint in this behalf—
(a) a fee calculated on the tonnage of the ship according to the prescribed rates;
(b) when the survey is to be made in any port of survey other than Bombay, Calcutta or Madras, such additional fee, in respect of the expense (if any) of the journey of the surveyor to the port as the Central Government may by order direct.
When a survey under this Part is completed, the surveyor making it shall forthwith, if satisfied that he can with propriety do so, deliver to the owner, agent or master of the ship surveyed a declaration of survey in the prescribed form containing the following particulars, namely:—
(a) that the hull and machinery of the ship are sufficient for the service intended and in good condition;
(b) that the equipment of the ship is in such condition and that the certificates of the master, mates, engineers or engine-drivers and of the radio telegraphy operators, are such, as are required by this Act or any other law for the time being in force and applicable to the ship;
(c) the time (if less than one year) for which the hull, machinery and equipment of the ship will be
(1) The owner, agent or master to whom a declaration of survey is given shall, within fourteen days after the date of the receipt thereof, send the declaration to such officer as the Central Government may appoint in this behalf.
(2) If the owner, agent or master fails to do so, he shall forfeit a sum not exceeding five rupees for every day during which the sending of the declaration is delayed and shall pay any sum so forfeited on the delivery of the certificate of survey.
(1) Upon receipt of a declaration of survey, the Central Government shall, if satisfied that the provisions of this Part have been complied with, cause a certificate, in duplicate, to be prepared and delivered, through such officer at the port at which the ship was surveyed as the Central Government may appoint in this behalf, to the owner, agent or master of the ship surveyed, on his applying and paying the sums (if any) mentioned in section 224 as payable on the delivery of a certificate.
(2) A certificate granted under this section shall be in the prescribed form; shall contain a statement to the effect that the provisions of this Part with respect to the survey of the ship and the transmission of the declaration of survey in respect thereof have been complied with; and shall also set forth—
(a) the particulars concerning th
(1) If a surveyor making a survey under this Part refuses to give a declaration of survey under section 223 with regard to any ship or gives a declaration with which the owner or agent or master of the ship surveyed is dissatisfied, the Central Government may, on the application of the owner, agent or master, and the payment by him of such fee, not exceeding twice the amount of the fee for the previous survey, as the Central Government may require, direct any other surveyor to survey the ship.
(2) The surveyor so directed shall forthwith survey the ship, and may, after the survey, either refuse to give a declaration or give such declaration as under the circumstances seems to him proper, and his decision shall, save as otherwise provided in this Act, be final.
(1) A certificate of survey granted under this Part shall not be in force—
(a) after the expiration of one year from the date of issue; or
(b) after the expiration of the period, if less than one year, for which the hull, boilers, engines or any of the equipment have been stated in the certificate to be sufficient; or
(c) after notice has been given by the Central Government to the owner, agent or master of the ship to which the certificate relates that the Central Government has cancelled or suspended it.
(2) If a passenger ship is absent from India at the time when her certificate expires, the provisions of this Part relating to certificate of survey shall not be deemed to be contravened unless she first begins to ply
(1) Any certificate of survey granted under this Part may be cancelled or suspended by the Central Government if it has reason to believe—
(a) that the declaration by the surveyor of the sufficiency of the hull, boilers, engines or any of the equipment of the ship has been fraudulently or erroneously made; or
(b) that the certificate has otherwise been issued upon false or erroneous information.
(2) Before any certificate of survey is cancelled or suspended under sub-section (1), the holder of the certificate shall be given a reasonable opportunity of showing cause why the certificate should not be cancelled or suspended, as the case may be:
Provided that this sub-section shall not apply where the Central Government is satisfied
(1) The owner, agent or master of a ship in respect of which a certificate of survey granted under this Part is in force, shall, as soon as possible after any alteration is made in the ship’s hull, equipment or machinery which affects the efficiency thereof or the seaworthiness of the ship give written notice to such person as the Central Government may direct containing full particulars of the alteration.
(2) If the Central Government has reason to believe that since the making of the last declaration of survey in respect of a ship—
(a) any such alteration as aforesaid has been made in the hull, equipment or machinery of the ship; or
(b) the hull, equipment or machinery of the ship have sustained any injury or are otherwise insufficient,
&n
Every certificate of survey granted under this Part which has expired, or has been cancelled or suspended, shall be delivered to such person as the Central Government may direct.
The owner or master of every ship for which a certificate of survey has been granted under this Part shall forthwith, on the receipt of the certificate, cause one of the duplicates thereof to be affixed, and kept affixed so long as the certificate remains in force and the ship is in use on some conspicuous part of the ship where it may be easily read by all persons on board thereof.
(1) No ship on any voyage shall carry or attempt to carry passengers in contravention of section 220 or shall have on board or in any part thereof a number of passengers which is greater than the number set forth in the certificate of survey as the number of passengers which the ship or the part thereof is fit to carry on that voyage.
(2) If the master or any other officer of any ship which carries or attempts to carry passengers in contravention of section 220 is a licensed pilot, he shall be liable to have his licence as a pilot cancelled or suspended for such period as the Central Government may, by order, specify.
(1) If, in the case of a ship for which a certificate of survey has been granted under this Part,—
(a) any person being drunk or disorderly has been on that account refused admission thereto by the owner or any person in his employ and, after having the amount of his fare (if he has paid it) returned or tendered to him, nevertheless persists in attempting to enter the ship;
(b) any person being drunk or disorderly on board the ship is requested by the owner or any person in his employ to leave the ship at any place in India at which he can conveniently do so, and after having the amount of his fare (if he has paid it) returned or tendered to him, does not comply with the request;
(c) any person on board the ship after warning by the master or other officer thereof
The master of any passenger ship may refuse to receive on board thereof any person who by reason of drunkenness or otherwise is in such a state, or misconducts himself in such a manner, as to cause annoyance or injury to passengers on board, and if any such person is on board, may put him on shore at any convenient place; and a person so refused admittance or put on shore shall not be entitled to the return of any fare he has paid.
(1) When a ship requires to be furnished with a certificate of survey under this Part and the Central Government is satisfied—
(a) by the production of a certificate of survey that the ship has been officially surveyed at a port in a country outside India;
(b) that the requirements of this Act are proved by that survey to have been substantially complied with; and
(c) that certificates of survey granted under this Part are accepted in such country in lieu of the corresponding certificates required under the laws in force in that country,
the Central Government may, if it thinks fit, dispense with any further survey of the ship in respect of the requirements so complied with, and give a certificate which shall have the s
(1) The Central Government may, subject to the condition of previous publication, make rules to regulate the making of surveys under this Part and the provisions to be made for the safety of life at sea.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the times and places at which, and the manner in which, surveys are to be made;
(b) the requirements as to construction, machinery, equipment and marking of sub-division load lines, which are to be fulfilled by ships generally or by any class of ships in particular before a declaration of survey may be granted;
(c) the survey of ships by two or more surveyors;
(1) Neither 2[a special trade passenger ship] nor a pilgrim ship shall depart or proceed from or discharge 1[special trade passengers] or pilgrims, as the case may be, at any port or place within India other than a port or place appointed in this behalf by the Central Government for 3[special trade passenger ships] or pilgrim ships, as the case may be.
(2) After a ship has departed or proceeded on a voyage from a port or place so appointed, a person shall not be received on board as 4[a special trade passenger] or pilgrim, as the case may be, except at some other port or place so appointed.
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1. Subs. by Act 69 of 1976, sec. 2, for “unberthed passengers” (w.e.f. 1-12-1976).
2. Subs. by Act
(1) The master, owner or agent of 1[a special trade passenger ship] or a pilgrim ship so departing or proceeding shall give notice to an officer appointed in this behalf by the Central Government that the ship is to carry 2[special trade passengers] or pilgrims and of her destination and of the proposed time of sailing.
(2) The notice shall be given—
(a) in the case of 1[a special trade passenger ship,] not less than twenty-four hours before that time;
(b) in the case of a pilgrim ship at the original port of departure, if in India, and in any other case at the first port at which she touches in India, not less than three years, and at all other ports not less than twenty-four hours, before that time.
—————
&
After receiving the notice under section 238 the officer appointed under that section or a person authorised by him in this behalf shall be at liberty at all times to enter on the ship and inspect her and her fittings and the provisions and stores on board.
1[(1) A ship intended to carry special trade passengers between ports or places in India shall not commence a voyage from any port or place appointed under sub-section (1) of section 237, unless the master holds certificates to the effect mentioned in sections 241 and 242.
(1A) A ship intended to carry special trade passengers from or to a port or place in India to or from a port or place outside India shall not commence a voyage from any port or place appointed under sub-section (1) of section 237, unless the master holds—
(i) a passenger ship safety certificate;
(ii) an exemption certificate;
(iii) a special trade passenger ship safety certificate;
(iv) a special t
(1) The first of the certificates referred to in sub-section (1) of section 240 (hereinafter called certificate A) shall be in the prescribed form and contain such particulars as may be prescribed.
(2) In particular and without prejudice to the generality of the foregoing power, certificate A shall contain the following statements and particulars, namely:—
(i) that the ship is seaworthy;
(ii) that the ship is properly equipped, fitted and ventilated;
(iii) the number of special trade passengers the ship is certified to carry; and
(iv) such other particulars as may be prescribed.
(3) Certificate A shall remain in force for
The second of the certificates (hereinafter called certificate B) shall be in the prescribed form and shall state—
(a) the voyage which the ship is to make, and the intermediate ports (if any) at which she is to touch;
(b) that she has the proper complement of officers and seamen;
1[(c) that the master holds—
(i) a certificate of survey and certificate A; or
(ii) a passenger ship safety certificate accompanied by an exemption certificate, a special trade passenger ship safety certificate and a special trade passenger ship space certificate; or
(iii) a nuclear passenger ship safety certific
The person by whom certificate A and certificate B are to be granted shall be the officer appointed under section 238 who is hereinafter referred to as the certifying officer.
After receiving the notice required by section 238, the certifying officer may, if he thinks fit, cause the ship to be surveyed at the expense of the master or owner by a surveyor, who shall report to him whether the ship is, in his opinion, seaworthy and properly equipped, fitted and ventilated for the service on which she is to be employed:
1[Provided that he shall not cause a ship holding a valid certificate referred to in sub-clause (i) or sub-clause (ii) or sub-clause (iii) of clause (c) of section 242 to be surveyed unless, by reason of the ship having met with damage or having undergone alterations, or on other reasonable grounds, he considers it likely that she may be found unseaworthy or not properly equipped, fitted or ventilated for the service on which she is to be employed.]
———
(1) The certifying officer shall not grant a certificate B if he has reason to believe that the weather conditions are likely to be adverse or that the ship has on board any cargo likely from its quality, quantity or mode of stowage to prejudice the health or safety of the 1[special trade passengers] or pilgrims.
(2) Save as aforesaid, and subject to the provisions of sub-section (3), it shall be in the discretion of the certifying officer to grant or withhold the certificate, and when he withholds the certificate, the reasons for so doing shall be communicated to the person concerned.
(3) In the exercise of that discretion that officer shall be subject to the control of the Central Government or of such authority as the Central Government may appoint in this behalf.
&nb
The master or owner shall post up in a conspicuous part of the ship, so as to be visible to the persons on board thereof, a copy of certificate A granted under this Part in respect of the ship and shall keep that copy so posted up as long as it is in force.
(1) The master of 2[a special trade passenger ship] or any contractor employed by him for the purpose shall not, without reasonable excuse, the burden of proving which shall lie upon him, omit to supply to any 3[special trade passenger] the prescribed allowance of food, fuel and water, and the master of a pilgrim ship, or any contractor employed by him for the purpose shall not, without reasonable excuse, the burden of proving which shall lie upon him, omit to supply to any pilgrim the prescribed allowances of food and of water as required by the provisions of this Part.
(2) Where, under the terms of the ticket issued to 4[a special trade passenger,] he is not entitled to the supply of food by the master or owner or agent of the ship, sub-section (1) shall, in the case of such passenger, have effect as if the reference to “food” in that sub-section were omitted.
&nbs
(1) 1[A special trade passenger ship] or a pilgrim ship shall not carry a number of 2[special trade passengers] or pilgrims, which is greater than the number allowed for the ship by or under this Part.
(2) Any officer authorised in this behalf by the Central Government may cause all 2[special trade passengers] or pilgrims over and above the number allowed by or under this Part to disembark, and may forward them to any port at which they may have contracted to land, and recover the cost of so forwarding them from the master, owner or agent of the ship as if the cost were a fine imposed under this Part, and a certificate under the hand of that officer shall be conclusive proof of the amount of the cost aforesaid.
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1. Subs. by Act 69 of 1976
No master, owner or agent of 2[a special trade passenger ship] or a pilgrim ship shall land any 1[special trade passenger] or pilgrim at any port or place other than the port or place at which the 1[special trade passenger] or pilgrim may have contracted to land, unless with his previous consent, or unless the landing is made necessary by perils of the sea or other unavoidable accident.
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1. Subs. by Act 69 of 1976, sec. 2, for “unberthed passenger” (w.e.f. 1-12-1976).
2. Subs. by Act 69 of 1976, sec. 2, for “an unberthed passenger ship” (w.e.f. 1-12-1976).
(1) If any 1[special trade passenger] from a ship which is on a voyage from any port or place in India finds himself without any neglect or default of his own at any port or place outside India other than the port or place for which the ship was originally bound or at which he has contracted that he should land, the Indian consular officer at or near that port or place may forward the passenger to his intended destination, unless the master, owner or agent of the ship within forty-eight hours of the arrival of the passenger gives to that officer a written undertaking to forward the passenger within six weeks thereafter to his original destination and forwards him accordingly within that period.
(2) A passenger so forwarded by or by the authority of an Indian consular officer shall not be entitled to the return of his passage money or to any compensation for loss of passage.
&nbs
(1) All expenses incurred under section 250 by an Indian consular officer in respect of the forwarding of a passenger to his destination including the cost of maintaining the passenger until forwarded to his destination shall be a debt due to the Central Government jointly and severally from the owner, charterer, agent and master of the ship on board which the passenger had embarked.
(2) In any proceeding for the recovery of that debt a certificate purporting to be under the hand of the Indian consular officer and stating the circumstances of the case and the total amount of the expenses shall be prima facie evidence of the amount of the expenses and of the facts that the same were duly incurred.
The master, owner or agent of 1[a special trade passenger ship] or a pilgrim ship shall not, otherwise than by reason of perils of the sea or other unavoidable accident, allow the ship to touch at any port or place in contravention of any express or implied contract or engagement with the 2[special trade passengers] or pilgrims with respect to the voyage which the ship was to make and the time which that voyage was to occupy, whether the contract or engagement was made by public advertisement or otherwise.
—————
1. Subs. by Act 69 of 1976, sec. 2, for “an unberthed passenger ship” (w.e.f. 1-12-1976).
2. Subs. by Act 69 of 1976, sec. 2, for “unberthed passengers” (w.e.f. 1-12-1976).
(1) The officer appointed by the Central Government in this behalf at any port or place within India at which 1[a special trade passenger ship] or a pilgrim ship touches or arrives, shall send any particulars which he may deem important respecting the 2[special trade passenger ship] or pilgrim ship, and the 3[special trade passengers] or pilgrims carried therein, to the officer at the port or place from which the ship commenced her voyage, and to the officer at any other port or place within India where the 3[special trade passengers] or pilgrims or any of them embarked or are to be discharged.
(2) The officer aforesaid may go on board any ship referred to in sub-section (1) and inspect her in order to ascertain whether the provisions of this Act as to the number of 3[special trade passengers] or pilgrims and other matters have been complied with.
&
In any proceeding for the adjudication of any penalty incurred under this Part, any document purporting to be a report of such particulars as are referred to in sub-section (1) of section 253, or a copy of the proceedings of any court of justice duly authenticated, and also any like document purporting to be made and signed by an Indian consular officer shall be received in evidence, if it appears to have been officially transmitted to any officer at or near the place where the proceeding under this Part is held.
(1) The master, owner or agent of 1[a special trade passenger ship] departing or proceeding from any port or place in India appointed in this behalf by the Central Government under sub-section (1) of section 237 shall issue at such port or place in the prescribed manner an advertisement containing the particulars required to be stated in the notice under sub-section (1) of section 238; and such advertisement shall be issued before such reasonable and sufficient interval as may be prescribed before the date of sailing of any such ship from such port or place.
(2) The Central Government may, by order in writing, exempt any class of ships from the operation of sub-section (1).
2[(3) The master, owner or agent of any ship which is intended to sail on a voyage as a pilgrim ship from any port or place in India shall, before advertising such sh
1[(1)] If any 2[special trade passenger ship] performing a voyage between ports or places in India takes additional 3[special trade passengers] on board at an intermediate port or place, the master shall obtain from the certifying officer 4[or such other officer as the Central Government may appoint in this behalf] at that port or place a supplementary certificate stating—
(a) the number of 5[special trade passengers] so taken on board; and
(b) that food, fuel and pure water over and above what is necessary for the crew, and the other things, if any, prescribed for the ship, have been placed on board, of the quality prescribed, properly packed and sufficient to supply the 5[special trade passengers] on board during the voyage which the ship is to make (including such detention in quarantine as may be probable) accordi
(1) The master of 1[a special trade passenger ship] departing or proceeding on a voyage from a port or place in India to a port or place outside India shall sign a statement in duplicate, specifying the number and the respective sexes of all the 2[special trade passengers,] and the number of the crew, and shall deliver both copies to the certifying officer, 3[or such other officer as the Central Government may appoint in this behalf] who shall thereupon, after having first satisfied himself that the entries are correct, countersign and return to the master one copy of the statement.
(2) In either of the following cases, namely:—
(a) if after the ship has departed or proceeded on such a voyage any additional 2[special trade passengers] are taken on board at a port or place within India appointed under this Part for the embarkati
(1) The master of any 2[special trade passenger ship] performing a voyage between ports or places in India, shall, on arrival at her port of destination, notify to the certifying officer or such other officer as the Central Government may appoint in this behalf, the date and supposed cause of death of every 3[special trade passenger] who may die on the voyage.
(2) The master of any 2[special trade passenger ship] performing a voyage between a port or place in India and a port or place outside India, shall note in writing on the statement or the additional statement referred to in section 257 the date and supposed cause of death of any 3[special trade passenger] who may die on the voyage, and shall, when the ship arrives at her port or place of destination or at any port or place where it may be intended to land 1[special trade passengers,] and before any passenger leaves the ship,
(1) Every ship carrying 1[special trade passengers] and crew not exceeding one thousand in number, shall have on board as part of her complement at least one medical office possessing such qualifications as may be prescribed.
(2) Every ship carrying 1[special trade passengers] and crew exceeding one thousand in number shall, in addition to a medical officer, have on board as part of her complement such number of medical attendants as may be prescribed.
(3) Every ship carrying 1[special trade passengers] shall be provided with a hospital with such medical stores and equipment as may be prescribed.
2[(4)(a) Every pilgrim ship carrying pilgrims and crew not exceeding one thousand in number shall have on board a medical officer possessing such qualifications as may be prescribed, and, if the numbe
No owner, agent or master of 1[special trade passenger ship] shall carry or cause to be carried from any port or place outside India to any port or place in India a number of passengers greater than—
(a) the number allowed for the ship by or under this Part, or
(b) the number allowed by the licence or certificate, if any, granted in respect of the ship at her port or place of departure, whichever number is less.
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1. Subs. by Act 69 of 1976, sec. 2, for “unberthed passenger ship” (w.e.f. 1-12-1976).
(1) With effect from such date as the Central Govemmert may, by notification in the Official Gazette, specify, there shall be levied on the passage money paid by every passenger carried by 1[special trade passenger ship] departing or proceeding from any port or place in India a cess to be called the passenger welfare cess at such rate not exceeding five per cent. of the passage money as the Central Government may, by notification in the Official Gazette, specify, and different rates may be specified in respect of different classes of passengers and voyages.
(2) The passenger welfare cess shall be collected by the owner or charterer of the 1[special trade passenger ship] or the agent of the owner or charterer as an addition to the passage money, and shall, after deduction of such costs of collection, if any, as the Central Government may determine, be paid to such authority as the C
Every special trade passenger ship making a voyage the duration of which, in ordinary circumstances, may extend to seventy-two hours or more shall provide for each passenger on board a bunk of the prescribed size and particulars.]
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1. Ins. by Act 69 of 1976, sec. 14 (w.e.f. 2-6-1977).
Every special trade passenger ship making a voyage the duration of which, in ordinary circumstances, may not extend to seventy-two hours, shall provide space for each passenger at the prescribed scale.]
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1.Ins. by Act 69 of 1976, sec. 14 (w.e.f. 2-6-1977).
Every special trade passenger ship shall have reserved as airing space for the use of passengers on board, gratuitously by day and by night, so much of the upper deck as is not required for the airing space of the crew or for permanent structure:
Provided that the upper deck space so provided for passengers shall in no case be less than 0.37 square metre for each passenger.]
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1.Ins. by Act 69 of 1976, sec. 14 (w.e.f. 2-6-1977).
The Central Government may, subject to the condition of previous publication, make rules to regulate, in the case of 1[special trade passenger ships] or any class of such ships, all or any of the following matters, namely:—
(a) the classification of voyages with reference to the distance between the port of departure and the port of destination, the duration of the voyage, or any other consideration which the Central Government may think fit to take into account for the purpose;
(b) the seasons of fair weather and seasons of foul weather for purposes of any voyage;
(c) the space to be allowed for 2[special trade passengers] in respect of different classes of voyages and for seasons of fair and foul weather;
(d) the disallowance of any space cons
[263.XX]
_________________
1. Section 263 and the heading "Special provisions regarding pilgrim ship" omitted by Merchant Shipping (Amendment) Act, 1976 (69 of 1976), Section 15 (1-12-1976).
Every special trade passenger ship certified to carry more than one hundred passengers on a voyage the duration of which, in ordinary circumstances, may extend to forty-eight hours or more, shall provide on board a hospital offering such conditions relating to security, space, health and sanitation and capable of accommodating such proportion of the maximum number of passengers the ship is certified to carry, as may be prescribed.]
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1. Subs. by Act 69 of 1976, sec. 16, for section 264 (w.e.f. 1-12-1976).
[Omitted]
[Omitted]
[Omitted]
[Omitted]
[Omitted]
(1) Port clearance shall not be granted from any port in India to any pilgrim ship unless the master, owner or agent and two sureties resident in India have executed, in favour of the Central Government a joint and several bond for the sum of ten thousand rupees or has given such other guarantee or security as may be acceptable to that Government covering all voyages which may be made by the ship in the current pilgrim season, conditioned that-
(a) the master and medical officer shall comply with the provisions of this Part and the rules made there under, and
(b) the master, owner or agent shall pay any sum claimed by the Central Government under sub-section (2) of Section 277,
(2) A bond, guarantee or security may be given under this section covering any or all of the pilgrim ships owned by o
(1) No pilgrim shall be received on board any pilgrim ship at any port or place in India unless and until he has been medically inspected, at such time and place, and in such manner, as the Central Government may fix in this behalf, nor until the certifying officer has given permission for the embarkation of pilgrims to commence.
(2) The medical inspection of female pilgrims shall, subject to any rules which may be made under this Act and as far as may be practicable, be carried out by women.
(3) No pilgrim shall be received on board any pilgrim ship unless he produces the medical certificate signed by a person who is duly qualified to grant such certificate, showing that such pilgrim—
(a) has been inoculated against cholera within such period before the inspection as may be prescribed;
(1) If in any case a pilgrim ship does not proceed on her voyage within forty-eight hours after all the pilgrims have been received on board, and there is reason to suspect that any person on board is suffering from cholera or choleraic indisposition or any dangerously infectious or contagious disease, a medical inspection of all persons on board may be held in such manner as the Central Government may direct.
(2) If on such inspection any person is found to be suffering from cholera or choleraic indisposition or any dangerously infectious or contagious disease, or shows any signs of the same or any other suspicious symptoms, he shall, together with all articles belonging to him, be at once removed from the ship.
No pilgrim shall be received on board any pilgrim ship at any port or place in India unless he—
(a) is in possession of a return ticket, or
(b) has deposited with the officer authorised in this behalf by the Central Government such sum for the purpose of defraying the cost of a return ticket as that Government may specify by notification in the Official Gazette:
Provided that the authorised officer may exempt any pilgrim from all or any of the aforesaid requirements, if he is satisfied that it is inexpedient, in the special circumstances of the case, to enforce them.
(1) Every pilgrim travelling on a pilgrim ship shall be entitled, on payment of his passage money and fulfilment of other prescribed conditions, if any, to receive a ticket in the prescribed form, and shall be bound to produce it to such officers and on such occasions as may be prescribed and otherwise to deal with it in the prescribed manner:
Provided that no pilgrim, who has not been exempted under the proviso to section 273, shall be given a ticket other than a return ticket unless he has made the deposit required by that section.
(2) Any ticket issued to a pilgrim for a voyage on a pilgrim ship shall entitle him to receive food and water, on the scale and of the quality prescribed and medicines free of further charge, throughout the voyage.
(1) Every pilgrim prevented from embarking under section 271, or removed from the ship under section 272, or otherwise prevented from proceeding shall be entitled to the refund of any passage money which he may have paid, and of any deposit which he may have made under section 273.
(2) Any pilgrim who, within one year of his sailing from India, satisfies the Indian consular officer at Jeddah that he intends to return to India by a route other than the route by which he came from India, shall be entitled to a refund of any deposit made by him under section 273, or, if he is in possession of a return ticket, to a refund of half the passage money paid by him.
(3) Where any pilgrim dies in the Hedjaz or on the voyage thereto, any person nominated by him in this behalf in writing in the prescribed manner, or, if, no person has been so nominat
If any pilgrim,—
(a) who is entitled to a refund of passage money under sub-section (1) of section 275 does not claim such refund within the prescribed period, or
(b) who has purchased a return ticket, does not on the basis of such ticket obtain a return passage from Hedjaz within the prescribed period and the value of the return half of such ticket has not been refunded under section 275, or
(c) who is entitled under section 275 to a refund of any deposit made under section 273 does not claim such refund within the prescribed period,
such passage money or value or deposit shall, subject to the exercise of the rights conferred by sub-section (4) of section 275, be made over to such authority administering any fund maint
(1) The master, owner or agent of every pilgrim ship shall make all arrangements for ensuring the return of all pilgrims in possession of a return ticket issued in India who are carried to the Hedjaz by such ship, within a period of ninety days after the Haj day in the year:
Provided that, for the purpose of computing the said period of ninety days, no period shall be taken into account during which the ship is prevented from carrying pilgrims on the return passage by reason of the port of Jeddah having been declared by proper authority to be infected or by reason of war, disturbance or any other cause not arising from any act or default of the master, owner or agent.
(2) Where any such pilgrim who has notified to the prescribed authority in the prescribed manner his desire to embark for the return voyage is, owing to his inability to ob
[Omitted by Merchant Shipping (Amendment) Act,1976 (69 of 1976),Section 17 (1-12-1976).]
(1) If a pilgrim ship fails to proceed from any port or place on the date advertised under 1[clause (b) of sub-section (5) of section 255] as the final date of sailing therefrom, the master, owner or agent shall become liable to pay as compensation to each pilgrim who has paid his passage money on or before such date the sum of three rupees for each completed day during which the sailing of the ship is delayed after that date:
Provided that such compensation shall not be payable in respect of any period during which the departure of the ship is impossible owning to any cause not arising from the act or default of the master, owner or agent, and the burden of proving such cause shall lie on such master, owner or agent:
Provided further that where compensation has been paid or has become payable to any pilgrim in respect of delay in the sa
Notwithstanding anything contained in section 1[255] or section 279, where any ship which has been advertised under section 1[255] for the conveyance of pilgrims has been or is likely to be delayed beyond the advertised final date of sailing, the owner or agent may, with the permission in writing of the pilgrim officer, substitute for it any other ship which is capable of carrying not less than the same number of pilgrims of each class, and on such permission being given the advertisement shall be deemed to have been made in respect of the ship so substituted, and all the provisions of those sections shall apply accordingly in respect of such ship.
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1. Subs. by Act 69 of 1976, sec. 19, for “278” (w.e.f. 1-12-1976).
The master of every pilgrim ship shall be bound to pay the whole amount of the sanitary taxes imposed by lawful authority at the ports visited and such amount shall be included in the cost of the tickets issued to the pilgrims.
The Central Government may, subject to the condition of previous publication, make rules to regulate all or any of the following matters, namely:—
(a) the boats, anchors and cables to be provided on board pilgrim ships;
(b) the instruments to be supplied for purposes of navigation;
(c) the fittings and other appliances to be provided in the upper and between decks for the comfort and convenience of pilgrims;
(d) the scale on which, and the manner in which, cooked and un-cooked food and water are to be supplied to pilgrims and the quality of such food and water;
(e) the kinds of food to be provided for pilgrims on payment, in addition to the food to be supp
1[***] The Central Government, if satisfied,—
(a) that the Government of any country has accepted or denounced the Load Line Convention or, as the case may be, the Safety Convention; or
(b) that the Load Line Convention or, as the case may be, the Safety Convention extends, or has ceased to extend to any territory,
may, by notification in the Official Gazette, make a declaration to that effect.
2[***]
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1. The brackets and figure “(1)” omitted by Act 25 of 1970, sec. 3 (w.r.e.f. 21-7-1968).
2. Sub-section (2) omitted by Act 25 of 1970, sec
(1) In this Part, unless the context otherwise requires,—
(a) “existing ship” or “existing vessel” means a ship or vessel which is not a new ship or a new vessel,
(b) “new ship” or “new vessel” means a ship or vessel whose keel is laid or which is at a similar stage of construction on or after the material date as defined in sub-section (2).
(2) For the purposes of sub-section (1) “material date”,—
(i) in relation to an Indian ship, means the 21st July, 1968;
(ii) in relation to a foreign ship belonging to a country to which the Load Line Convention applies, means the date as from which it is declared under section 283 that the Government of such country has accept
(1) The Central Government may make rules (in this Act called the construction rules), prescribing the requirements that the hull, equipment and machinery of Indian 1[passenger or cargo ships] shall comply with.
(2) The rules made under sub-section (1) shall include such requirements as appear to the Central Government to implement the provisions of the Safety Convention prescribing the requirements that the hull, equipment and machinery of 2[passenger or cargo ships] shall comply with, except so far as those provisions are implemented by the rules for life saving appliances, the radio rules, the rules for direction finders or the collision regulations:
3[Provided that different requirements may be specified for special trade passenger ships.]
(3) The powers conferred on the Central Government
(1) The Central Government may make regulations for the prevention of collisions at sea and may thereby regulate the lights and shapes to be carried and exhibited, the fog and distress signals to be carried and used, and the steeling and sailing rules to be observed by Indian ship; and sailing vessels registered in India.
(2) The collision regulations, together with the provisions of this Part relating thereto or otherwise relating to collisions, shall be observed by all foreign ships and sailing vessels within Indian jurisdiction, and in any case arising in any court in India concerning matters arising within Indian jurisdiction, such ships and sailing vessels shall, so far as respects the collision regulations and the said provisions of this Act, be treated as if they were Indian ships or sailing vessels registered in India, as the case may be.
(1) The owner or master of every ship and the owner or tindal of every sailing vessel to which section 285 applies shall obey the collision regulations, and shall not carry or exhibit any lights or shapes or use any fog or distress signals, other than those required by the said regulations.
(2) If any damage to person or property arises from the non-observance by any such ship or sailing vessel of any of the collision regulations, the damage shall be deemed to have been occasioned by the wilful default of the person in charge of the ship or the sailing vessel, as the case may be, at the time unless it is shown to the satisfaction of the court that the circumstances of the case made a departure from the regulations necessary.
(1) The Central Government may appoint persons to inspect in any port ships or sailing vessels to which the collision regulations apply, for the purpose of seeing that such ships or sailing vessels are properly provided with lights and shapes and with the means of making fog and distress signals, in pursuance of such regulations.
(2) If an inspector appointed under sub-section (1) finds that any ship or sailing vessel is not so provided, he shall give to the owner, master or tindal, notice in writing pointing out the deficiency, and also what, in his opinion, is requisite in order to remedy the same.
(3) Every notice so given shall be communicated in the prescribed manner to the customs collector at any port from which such ship or sailing vessel may seek to clear; and no customs collector to whom such communication is made shall grant s
(1) The Central Government may, subject to the condition of previous publication, make rules prescribing the life saving appliances to be carried by every Indian ship going to sea from any port or place in India.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the arranging of ships into classes, having regard to the services in which they are employed, the nature and duration of the voyage and the number of persons carried;
(b) the number, description and mode of construction of the boats, life-rafts, line throwing appliances, life-jackets and life-buoys to be carried by ships according to the classes in which the ships are arranged;
&nb
The Central Government may make rules prescribing the methods to be adopted and the appliances to be carried by every Indian ship going to sea from any port or place in India for the prevention, detection and extinction of fire on the ship (hereinafter referred to as fire appliances).
(1) A surveyor may, at any reasonable time, inspect any ship for the purpose of seeing that she is properly provided with life saving and fire appliances in conformity with the rules made under this Act.
(2) If the said surveyor finds that the ship is not so provided he shall give to the master or owner notice in writing pointing out the deficiency, and also pointing out what in his opinion is requisite to remedy the same.
(3) Every notice so given shall be communicated in the prescribed manner to the customs collector of any port at which the ship may seek to obtain a clearance and the ship shall be detained until a certificate signed by such surveyor is produced to the effect that the ship is properly provided with life saving and fire appliances in conformity with the said rules.
1[(1) Every Indian passenger ship and every Indian cargo ship of three hundred tons gross tonnage or more, shall in accordance with the rules made under section 296, be provided with a radio installation and shall maintain a radio telegraph service or a radio telephone service of the prescribed nature and shall be provided with such certificated operators as may be prescribed.]
(2) The radio installation required under the said rules to be provided for a passenger ship or for 2[any cargo ship of sixteen hundred tons gross or more shall be a radio telegraph installation; and that required to be provided for a cargo ship of less than sixteen hundred tons gross] shall be either a radio telegraph installation or a radio-telephone installation at the option of the owner.
3[(3) The Central Government may, having regard to the length of the voy
1[(1)] Every Indian ship of sixteen hundred tons gross or more shall be provided with a radio direction finder of the prescribed description.
2[(2) The Central Government may, by order in writing and subject to such conditions and restrictions as may be specified therein, exempt any ship under five thousand tons gross tonnage from the obligation imposed by sub-section (1), if that Government is satisfied, having regard to the area or areas in which the ship is engaged on a voyage or voyages and the value of radio direction finder as a navigational instrument and as an aid to locating ships, aircraft or survival craft, that such compliance would be unreasonable or unnecessary.]
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1. Section 292 re-numbered as sub-section (1) thereof by Act
(1) Every ship compulsorily equipped under the provisions of section 291 with a radio telegraph or radio telephone installation shall maintain in the radio telegraph or radio telephone room a radio log in which shall be entered such particulars relating to the operation of the radio telegraph or radio telephone installation and as to the maintenance of the radio telegraph or radio telephone service as may be prescribed.
(2) The provisions of section 215 shall apply to the radio log kept under this section as if it were an official log.
(1) A radio inspector may inspect any ship for the purpose of seeing that she is properly provided with a radio telegraph or radio telephone installation and certificated operators in conformity with this Part, and for this purpose may go on board any ship at all reasonable times and do all things necessary for the proper inspection of the ship for the purpose of the provisions of this Part relating to radio telegraphy or radio telephony and may also require the master of the ship to supply him with any information which it is in the power of the master to supply for that purpose, including the production of any certificate granted under this Part in respect of the installation, and of the certificates of the operators 1[***] on the ship:
Provided that if a valid safety convention certificate is produced in respect of any ship other than an Indian ship, the inspection shall be limi
The provisions of this Part relating to radio telegraphy, radio telephony and direction finders shall apply to ships other than Indian ships while they are within any port in India in like manner as they apply to Indian ships.
(1) The Central Government may make rules to carry out the purposes of this Part relating to radio telegraphy or radio telephony, 1[or radio direction finders].
(2) In particular and without prejudice to the generality of the foregoing power, such rules may prescribe—
(a) the nature of the radio telegraph or radio telephone installation and radio direction finding apparatus to be provided and of the service to be maintained, the form of the radio log and the particulars to be entered therein, and the number, grades and qualifications of certified operators to be carried;
1[(aa) the nature of radio telegraph installation to be provided on motor life-boats and survival craft;]
(b) the manner in which a notice given under sect
Every Indian ship exceeding one hundred and fifty tons gross shall, when proceeding to sea from any port or place in India to any port or place outside India, be provided with a 1[signalling lamp which shall not be solely dependent upon the ship’s main source of electrical power and which shall be of the type approved].
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1. Subs. by Act 21 of 1966 sec. 13, for “signalling lamp of the type approved” (w.e.f. 28-5-1966).
(1) There shall be carried on board every Indian ship whose keel was laid after the 15th day of June, 1953, such information in writing 1[as is necessary to enable the master by rapid and simple processes to obtain accurate guidance as to the stability of the ship under varying conditions of service].
2[(2) The information shall be in such form as may be approved by the Central Government (which may approve the provision of the information in the form of a diagram or drawing only) and shall be suitably amended whenever any alterations are made to the ship so as to materially affect such information.
(2A) The information shall be based on the determination of the ship’s stability by means of an inclining test of the ship and any amendment thereto shall be effected, if necessary, after re-inclining the ship:
&nbs
(1) Where, on receipt of a declaration of survey granted under Part VIII in respect of passenger ship, the Central Government is satisfied that the ship complies with the construction rules and with the provisions of this Act and the rules made thereunder relating to life saving and fire appliances and 1[radio installation] applicable to such ship and is provided with lights and shapes and the means of making fog and distress signals required by the collision regulations, the Central Government may issue in respect of the ship a certificate in the prescribed form to be called a 2[passenger ship safety certificate].
(2) Where on receipt of a declaration of survey granted under Part VIII in respect of a passenger ship the Central Government is satisfied that there is in force in respect of the ship an exemption certificate granted under section 302 and that the ship complies with all
(1) Where in respect of any Indian cargo ship 2[***] 3[the Central Government or any person authorised by it in this behalf] is satisfied that the ship has been surveyed in the manner prescribed under section 299B and that she complies with the construction rules made under section 284, 4[that Government or the authorised person] may issue in respect of the ship—
(a) 5[if the ship is of five hundred tons gross or more and performs international voyages], a certificate in the prescribed form to be called a cargo ship safety construction certificate;
(b) in other cases, a certificate in the prescribed form, to be called a cargo ship construction certificate.
(2) Where in respect of any such ship as is referred to in sub-section (1) there is in force an exemption certificate g
(1) The Central Government may, subject to the condition of previous publication, make rules to regulate the making of surveys of cargo ships under this part.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the times and places at which, and the manner in which, surveys are to be made;
(b) the requirements as to construction, machinery, equipment and marking of sub-division load-lines which are to be fulfilled by cargo ships generally or by any class of cargo ships in particular;
(c) the duties of the surveyor making a survey;
(d) the rates according to which the fees payable in respect of
(1) Where in respect of an Indian cargo ship the Central Government or any person authorised by it in this behalf is satisfied that the ship complies with the provisions of this Act and the rules made thereunder relating to life saving and fire appliances applicable to such ship and is provided with lights and shapes and the means of making fog and distress signals required by the collision regulations, that Government or the authorised person may issue in respect of the ship—
(a) if the ship is of five hundred tons gross or more and performs international voyages, a certificate in the prescribed form to be called a cargo ship safety equipment certificate;
(b) in other cases, a certificate in the prescribed form to be called a cargo ship equipment certificate.
(2) Where, in
The owner or master of any Indian cargo ship, which is required by the provisions of section 291 to be provided with a radio installation shall, if the Central Government or any person authorised by it in this behalf is satisfied that the ship complies with all the provisions of this Act and the rules made thereunder relating to radio installation applicable to such ship, receive—
(a) in the case of a ship of three hundred tons gross or more, a certificate in the prescribed form to be called a cargo ship safety radio certificate;
(b) in the case of a ship of three hundred tons gross or more but less than three thousand tons gross performing voyages only between ports or places in India, a certificate in the prescribed form to be called a qualified cargo ship safety radio certificate; and
&nb
The owner or master of an Indian ship which is exempt from any of the provisions of the construction rules or of this Act and the rules made thereunder relating to life saving and fire appliances and radio telegraphy or radio telephony installation shall, on application to the officer appointed in this behalf by the Central Government receive from such officer a certificate in the prescribed form to be called an exemption certificate.
(1) A passenger ship safety certificate, a qualified passenger ship safety certificate, a special trade passenger ship safety certificate and a special trade passenger ship space certificate issued under this Part shall be in force for a period of twelve months from the date of its issue or for such shorter period as may be specified in the certificate.
(2) A cargo ship safety equipment certificate, a qualified cargo ship safety equipment certificate, a cargo ship equipment certificate, a qualified cargo ship equipment certificate, a cargo ship safety construction certificate, a qualified cargo ship safety construction certificate, a cargo ship construction certificate, a qualified cargo ship construction certificate, a cargo ship safety radio certificate, a qualified cargo ship safety radio certificate and a cargo ship radio certificate issued under this Part shall be in force for
(1) If an Indian ship in respect of which 1[a passenger ship safety certificate] 2[or a special trade passenger ship safety certificate] issued under section 299 is in force has on board in the course of a particular voyage a total number of persons less than the number stated in the certificate to be the number for which the life saving appliances on the ship provide, the owner or master of the ship may obtain from the authority issuing the certificate, or any person authorised by the authority for the purpose, a memorandum to be attached to the certificate stating the total number of persons carried on the ship on that voyage, and the modifications which may be made for the purpose of that voyage in the particulars with respect to life saving appliances stated in the certificate.
(2) Where a valid 3[passenger ship safety certificate or special trade passenger ship safety certific
A valid safety convention certificate issued in respect of a ship other than an Indian ship by the Government of the country to which the ship belongs shall, subject to such rules as the Central Government may make in this behalf, have the same effect in India as the corresponding certificate issued in respect of an Indian ship under this Part.
(1) The Central Government may, at the request of the Government of a country to which the Safety Convention applies, cause an appropriate safety convention certificate to be issued in respect of a ship 1[registered or to be registered] in that country, if it is satisfied in like manner as in the case of an Indian ship that such certificate can properly be issued, and where a certificate is issued at such a request, it shall contain a statement that it has been so issued.
(2) The Central Government may request the Government of a country to which the Safety Convention applies, to issue an appropriate safety convention certificate 2[in respect of a ship registered or to be registered in India] and a certificate issued in pursuance of such a request and containing a statement that it has been so issued shall have effect for the purpose of this Act as if it had been issued by the Cent
1[(1) No Indian passenger ship shall proceed on a voyage from any port or place in India to any port or place outside India—
(a) if the ship is a ship, other than a special trade passenger ship, unless there is in force in respect of the ship either—
(i) a passenger ship safety certificate issued under section 299; or
(ii) a qualified passenger ship safety certificate issued under section 299 and an exemption certificate issued under section 302;
(b) if the ship is a special trade passenger ship, unless there is in force in respect of the ship the certificate referred to in sub-clause (i) of clause (a) or the certificates referred to in sub-clause (ii) of that clause and a special trade passenger sh
(1) The master of 1[every ship being a passenger ship or being a cargo ship of three hundred tons gross or more,] belonging to a country to which the Safety Convention applies, shall produce a valid safety convention certificate to the customs collector from whom a clearance for the ship is demanded in respect of a voyage from a port or place in India to a port or place outside India and a clearance shall not be granted and the ship may be detained until such a certificate is so produced.
(2) Where a valid safety convention certificate is produced in respect of a ship 2[***], the ship shall not be deemed to be unsafe for the purpose of section 342 by reason of the defective condition of her hull, equipment or machinery unless it appears that the ship cannot proceed to sea without danger to the passengers or crew owing to the fact that the actual condition of the ship does not corre
The provisions of sections 228 to 231 (inclusive) shall apply to and in relation to every certificate issued by the Central Government under sections 299, 1[299A], 300, 301 and 302 in the same manner as they apply to and in relation to a certificate of survey.
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1. Ins. by Act 21 of 1966, sec. 24 (w.e.f. 28-5-1966).
Where any survey of a ship for the purpose of issue under this Part of a safety convention certificate has been completed, then, notwithstanding anything contained in this Act, the owner, agent or master of the ship shall not, until such certificate has been issued, make, or cause to be made, any alteration in the structural arrangements, machinery, equipment and other matters covered by the survey without the prior written permission of the Central Government or a person appointed by that Government in this behalf.]
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1. Ins. by Act 21 of 1966, sec. 25 (w.e.f. 28-5-1966).
(1) Save a otherwise provided in this section, the provisions of this Part relating to load lines shall apply to all sailing vessels as they apply to ships, and accordingly, the expression “ship” in the said provisions of this Part shall be construed as including a sailing vessel.
(2) The provisions of this Part relating to load lines shall not apply to—
1[(a) any sailing vessel, being an existing vessel of less than one hundred and fifty tons gross, or a new vessel of less than twenty-four metres in length, and in either case employed in plying coastwise between ports situated within India, Pakistan, Burma and Ceylon;]
(b) any ship solely engaged in fishing;
(c) any pleasure yacht.
&nbs
The Central Government may, subject to the condition of previous publication, make rules (hereafter in this Act referred to as the load line rules) regulating the survey of ships for the purpose of assignment and marking of load lines and prescribing the conditions (hereafter in this Act referred to as the conditions of assignment) on which load lines may be assigned.
(1) No Indian ship, being a ship of which the keel was laid 1[on or after the 21st day of July, 1968], and not being exempt from the provisions of this Part relating to load lines, shall proceed to sea unless—
(a) the ship has been surveyed in accordance with the load line rules;
(b) the ship complies with the conditions of assignment;
(c) the ship is marked on each side with a mark (hereafter in this Act referred to as a deck line) indicating the position of the uppermost complete deck as defined by the load line rules and with marks (hereafter in this Act referred to as load lines) indicating the several maximum depths to which the ship can be safely loaded in various circumstances prescribed by the load line rules;
Where any survey under this Part of a ship for the purpose of assignment and marking of load lines has been completed then, notwithstanding anything contained in this Act, the owner, agent or master of the ship shall not make or cause to be made any alteration in the structure, equipment, arrangements, material or scantlings covered by the survey without the prior written permission of the Central Government or a person authorised by that Government in this behalf.]
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1. Ins. by Act 25 of 1970, sec. 7 (w.r.e.f. 21-7-1968).
(1) An Indian ship (not being exempt from the provisions of this Part relating to load lines) shall not be so loaded as to submerge in salt water, when the ship has no list, the appropriate load line on each side of the ship, that is to say, the load line indicating or purporting to indicate the maximum depth to which the ship is for the time being entitled under the load line rules to be loaded.
(2) Without prejudice to any other proceedings under this Act, any ship which is loaded in contravention of this section may be detained until she ceases to be so loaded.
(1) No owner or master of an Indian ship which has been marked in accordance with the foregoing provisions of this Part, shall without reasonable cause, fail to keep the ship so marked.
(2) No person shall conceal, remove, alter, deface or obliterate, or suffer any person under his control to conceal, remove, alter, deface or obliterate any mark placed on any such ship in accordance with the foregoing provisions of this Part except with the authority of a person entitled under the load line rules to authorise the alteration of the mark or except for the purpose of escaping capture by an enemy or by a foreign ship of war in the exercise of some belligerent right.
A surveyor may inspect any Indian ship for the purpose of seeing that the provisions of this Part relating to load lines have been complied with and for this purpose may go on board the ship at all reasonable times and do all things necessary for the proper inspection of the ship and may also require the master of the ship to supply him with any information which it is in the power of the master to supply for that purpose, including the production of any certificate granted under this Part in respect of the ship.
(1) Where an Indian ship has been surveyed and marked in accordance with the foregoing provisions of this Part and complies with the conditions of assignment to the extent required in her case by those provisions, there shall be issued to the owner of the ship on his application and on payment of the prescribed fee,—
1[(a) in the case of an existing ship which is of one hundred and fifty tons gross or more or a new ship of twenty-four metres or more in length, and which in either case carries cargo or passengers, a certificate to be called “an international load line certificate”;
(aa) in the case of a ship which is exempted under clause (e) or clause (f) of sub-section (3) of section 310, a certificate to be called “an international load line exemption certificate”; and]
(1) Every certificate issued in respect of a ship under clause (a) or clause (b) of sub-section (1) of section 316 and every certificate issued under clause (aa) of that sub-section to a ship referred to in clause (e) of sub-section (3) of section 310 shall be in force for a period of five years from the date of its issue or for such shorter period as may be specified in the certificate but subject to the provisions of this Part, a new certificate may be issued in respect of such ship:
Provided that where it is not possible to issue such new certificate to any ship before the expiry of its existing certificate, the Central Government or any other person authorised by it to issue such certificate may, on being satisfied that no alterations affecting the ship’s free board have been made in the structure, equipment, arrangements, material or scantlings, after the last survey of the sh
(1) No Indian ship shall proceed to sea unless there is in force in respect of the ship a load line certificate issued under the provisions of section 316.
(2) The master of every Indian ship shall produce to the customs collector, from whom a port clearance for the ship is demanded, the certificate which is required by the foregoing provisions of this section to be in force when the ship proceeds to sea, and the port clearance shall not be granted, and the ship may be detained, until that certificate is so produced.
(1) When a load line certificate has been issued in pursuance of the foregoing provisions of this Part in respect of an Indian ship other than a home-trade ship of less than two hundred tons gross—
(a) the owner of the ship shall forthwith on the receipt of the certificate cause it to be posted up in some conspicuous place on board the ship, and to be kept so posted up and legible so long as the certificate remains in force and the ship is in use; and
(b) the master of the ship, before making any other entry in any official log book, shall enter or cause to be entered therein the particulars as to the position of the deck line and load lines specified in the certificate.
(2) Before any such ship leaves any dock, wharf, harbour or other place for the purpose of proceeding to
(1) Before an agreement with the crew of any ship in respect of which a load line certificate is in force, is signed by any member of the crew, the master of the ship shall insert in the agreement the particulars as to the position of .the deck line and load lines specified in the certificate.
(2) In the case of a ship required by this Act to engage its crew before a shipping master, the shipping master shall not proceed with the engagement of the crew until—
(a) there is produced to him a load line certificate for the time being in force in respect of the ship; and
(b) he is satisfied that the particulars required by this section have been inserted in the agreement with the crew.
1[(1)] The Central Government may, at the request of a country to which the Load Line Convention applies, issue an international load line certificate in respect of a ship 2[registered or to be registered] in that country if it is satisfied in like manner as in the case of an Indian ship that it can properly issue the certificate and where the certificate is issued at such a request, it shall contain a statement that it has been so issued.
3[(2) The Central Government shall, as soon as may be, after the issue of a certificate in respect of a ship under sub-section (1), forward to the Government at whose request such certificate was issued a copy each of the certificate, the survey report used in computing the free board of the ship and of the computations.]
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&
An international 1[load line certificate or, as the case may be, an international load line exemption certificate] issued in respect of any ship other than an Indian ship by the Government of the country to which the ship belongs shall, subject to such rules as the Central Government may make in this behalf, have the same effect in India as a 1[load line certificate or, as the case may be, an international load line exemption certificate] issued in respect of an Indian ship under this Part.
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1. Subs. by Act 25 of 1970, sec. 11, for “load line certificate” (w.r.e.f. 21-7-1968).
1[(l) A surveyor may, at any reasonable time, go on board any ship (other than an Indian ship) carrying cargo or passengers and registered in a country to which the Load Line Convention applies, when such ship is within any port in India, for the purpose of demanding the production of any international load line certificate or, as the case may be, international load line exemption certificate for the time being in force in respect of the ship:
Provided that such ship is an existing ship of one hundred and fifty tons gross or more or a new ship of twenty-four metres or more in length.]
(2) If a valid international load line certificate is produced to the surveyor on any such demand, the surveyor’s powers of inspecting the ship with respect to load line shall be limited to seeing—
(a)
The master of every ship other than an Indian ship, being a ship of one hundred and fifty tons gross or more carrying cargo or passengers, and belonging to a country to which the Load Line Convention applies, shall produce to the Customs Collector from whom a port clearance for the ship from any port in India is demanded—
(a) in a case where port clearance is demanded in respect of a voyage to a port outside India, a valid international load line certificate;
(b) in a case where port clearance is demanded in respect of any other voyage, either a valid international load line certificate or a valid Indian load line certificate,
and the port clearance shall not be granted, and the ship may be detained, until the certificate required by this section is so produced.
The provisions of section 312 shall apply to ships other than Indian ships proceeding or attempting to proceed to sea from ports in India as they apply to Indian ships subject to the following modifications, namely:—
(a) the said section shall not apply to a ship other than an Indian ship if a valid international load line certificate is produced in respect of the ship; and
(b) subject to the provisions of clause (a), a ship other than an Indian ship which does not comply with the conditions of assignment to the extent required in her case by section 323 shall be deemed to be unsafe for the purpose of section 342.
The provisions of section 313 shall apply to ships other than Indian ships, while they are within any port in India as they apply to Indian ships subject to the following modifications, namely:—
1[(a) no ship belonging to a country to which the Load Line Convention applies being an existing ship of one hundred and fifty tons gross or more or being a new ship of twenty-four metres or more in length shall be detained and no proceedings shall be taken against the owner or master thereof by virtue of the said section except after an inspection by a surveyor as provided by section 323; and]
(b) the expression “the appropriate load line” in relation to any ship other than an Indian ship shall mean—
(i) in the case of a ship in respect of which there is produced on
The provisions of section 315 shall apply, in the same manner as they apply to Indian ships, to all ships registered in a country to which the Load Line Convention does not apply while they are within Indian jurisdiction.
(1) The provisions of this Part relating to the issue, effect, duration, 1[and cancellation of Indian load line certificates or, as the case may be, international load lines exemption certificates] shall apply to ships other than Indian ships as they apply to Indian ships subject to the following modifications, namely:—
(a) any such certificate may be issued in respect of any such ship as in respect of an Indian ship provided that 2[any such certificate issued in respect of a ship carrying cargo or passengers being an existing ship of one hundred and fifty tons gross or more or being a new ship of twenty-four metres or more in length] and registered in a country to which the Load Line Convention applies, shall only be valid so long as the ship is not plying on voyages from or to any port in India to or from any place outside India and shall be endorsed with a statement to
The master of every ship registered in a country to which the Load Line Convention does not apply shall produce to the customs collector from whom a port clearance for the ship from any port in India is demanded, either an Indian load line certificate or a certificate having effect under this Act as such a certificate, being a certificate for the time being in force in respect of the ship, and the port clearance shall not be granted and the ship may be detained until the certificate required by this section is so produced.
(1) The Central Government shall, subject to the condition of previous publication, make rules (hereafter in this section referred to as the timber cargo rules) as to the conditions on which timber may be carried as cargo in any uncovered space on the deck of any Indian ship.
(2) The timber cargo rules may prescribe a special load line to be used only when the ship is carrying timber as cargo on deck and the conditions on which such special load line may be assigned, and may further prescribe either generally or with reference to particular voyages and seasons the manner and position in which such timber is to be stowed and the provisions which are to be made for the safety of the crew.
(3) Any surveyor may at any reasonable time, inspect any Indian ship carrying timber as cargo in any uncovered space on her deck for the purpose of seein
(1) The Central Government may make rules for regulating in the interests of safety the carriage of dangerous goods in ships.
1[(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for the classification, packing, labelling and marking of such goods or any class of such goods, stowing of such goods (whether with or without other cargo) including plans for stowing, the fixing of the maximum quantity of any such class of goods which may be carried in different ships or classes of ships, and such other matters relating to dangerous goods as required to be provided for implementing the provisions of the Safety Convention.]
(3) The owner, master or agent of a ship carrying or intending to carry any dangerous goods as cargo and about to make a voyage from a port in India shall furnish in adva
(1) No grain shall be loaded on board any Indian ship anywhere unless there is in force in respect of such ship a grain-loading plan approved under sub-section (3) or sub-section (4).
(2) The grain-loading plan shall be in such form and contain such particulars as to the stability of the ship, circumstances of loading on departure and arrival, the main characteristics of the fittings used to prevent the shifting of cargo and such other matters as may be prescribed, having regard to the rules made under sub-section (5) of section 332.
(3) Save as otherwise provided in sub-section (4), the grain-loading plan shall be submitted to the Central Government for approval and that Govemment may, having regard to the rules made under sub-section (5) of section 332, the stability of the ship and the circumstances of loading on departure and arrival
(1) Where grain is loaded on board any Indian ship anywhere or is loaded within any port in India on board any other ship, all necessary and reasonable precautions shall be taken to prevent the grain from shifting; and if such precautions as aforesaid are not taken, the owner or the master of the ship or any agent of the owner who was charged with the loading or with sending the ship to sea laden with grain shall be guilty of an offence under this sub-section and the ship shall be deemed for the purposes of this Part to be unsafe by reason of improper loading.
(2) Where any ship which is loaded with grain outside India without all necessary and reasonable precautions having been taken to prevent the grain from shifting, enters any port in India so laden, the owner or master of the ship shall be guilty of an offence under this sub-section and the ship shall be deemed for the purpose
(1) Where—
(a) an Indian passenger ship has been marked with sub-division load lines, that is to say, load lines indicating the depth to which the ship may be loaded having regard to the extent to which she is sub-divided and to the space for the time being allotted to passengers, and
(b) the appropriate sub-division load line, that is to say, the sub-division load line appropriate to the space for the time being allotted to passengers on the ship, is lower than the load line indicating the maximum depth to which the ship is for the time being entitled under the provisions of this Part to be loaded,
the ship shall not be so loaded as to submerge in salt water the appropriate sub-division load line on each side of the ship when the ship has no list.
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(1) Every person who sends or attempts to send an Indian ship to sea from any port in India in such an unseaworthy state that the life of any person is likely to be thereby endangered shall, unless he proves that he used all reasonable means to insure her being sent to sea in a seaworthy state or that her going to sea in such unseaworthy state was under the circumstances, reasonable and justifiable, be guilty of an offence under this sub-section.
(2) Every master of an Indian ship who knowingly takes such ship to sea in such unseaworthy state that the life of any person is likely to be thereby endangered shall, unless he proves that her going to sea in such unseaworthy state was, under the circumstances, reasonable and justifiable, be guilty of an offence under this sub-section.
(3) For the purpose of giving such proof, every person char
(1) In every contract of service, express or implied between the owner of an Indian ship and the master or any seaman thereof, and in every contract of apprenticeship whereby any person is bound to serve as an apprentice on board any such ship, there shall be implied, notwithstanding any agreement to the contrary, an obligation on the owner that such owner and the master, and every agent charged with the loading of such ship or the preparing thereof for sea, or the sending thereof to sea, shall use all reasonable means to ensure the seaworthiness of such ship for the voyage at the time when such voyage commences, and to keep her in a seaworthy state during the voyage.
(2) For the purpose of seeing that the provisions of this section have been complied with, the Central Government may, either at the request of the owner or otherwise, arrange for a survey of the hull, equipment or ma
(1) Where an Indian ship in any port to which the Central Government may specially extend this section is an unsafe ship, that is to say, is by reason of the defective condition of her hull, equipment or machinery, or by reason of overloading or improper loading, unfit to proceed to sea without serious danger to human life, having regard to the nature of the service for which she is intended, such ship may be provisionally detained for the purpose of being surveyed and either finally detained or released as follows, namely:—
(a) The Central Government, if it has reason to believe, on complaint or otherwise, that any such ship is unsafe, may order the ship to be provisionally detained as an unsafe ship for the purpose of being surveyed.
(b) A written statement of the grounds of such detention shall be forthwith served
If it appears that there was not reasonable and probable cause, by reason of the condition of the ship or the act or default of the owner or the master, for the provisional detention of a ship, the Central Government shall be liable to pay to the owner of the ship his costs of and incidental to the detention and survey of the ship, and also compensation for any loss or damage sustained by him by reason of the detention or survey.
If a ship is finally detained under this Part, or if it appears that a ship provisionally detained was at the time of such detention unsafe, or if a ship is detained in pursuance of any provision of this Part which provides for the detention of a ship until a certain event occurs, the owner of the ship shall be liable to pay to the Central Government its costs of and incidental to the detention and survey of the ship; and the ship shall not be released until such costs are paid.
For the purposes of this Act, the costs of and incidental to any proceeding before a court of survey, and a reasonable amount in respect of the remuneration of the surveyor or any person appointed to represent the Central Government before the court, shall be deemed to be part of the costs of the detention and survey of the ship.
When a complaint is made to the Central Government or a detaining officer that an Indian ship is unsafe, it shall be in the discretion of the Central Government or the detaining officer, as the case may be, to require the complainant to give security to the satisfaction of the Central Government or the detaining officer for the costs and compensation which such complainant may become liable to pay as hereinafter mentioned:
Provided that, where the complaint is made by one-fourth, being not less than three, of the seamen belonging to the ship, and is not in the opinion of the Central Government or the detaining officer frivolous or vexatious, such security shall not be required, and the Central Government or the detaining officer shall, if the complaint is made in sufficient time before the sailing of the ship, take proper steps to ascertain whether the ship ought to be detained und
Where a ship is detained in consequence of any complaint and the circumstances are such that the Central Government is liable under this Part to pay to the owner of the ship any costs or compensation, the complainant shall be liable to pay to the Central Government all such costs and compensation as the Central Government incurs, or is liable to pay, in respect of the detention and survey of the ship.
When a ship other than an Indian ship is in a port in India and is, whilst at that port, unsafe by reason of the defective condition of her hull, equipment or machinery, or by reason of overloading or improper loading, the provisions of this Part with respect to the detention of ships shall apply to that ship as if she were an Indian ship with the following modifications, namely:—
(a) a copy of the order for the provisional detention of the ship shall forthwith be served on the consular officer for the country to which the ship belongs at or nearest to the port in which such ship is detained;
(b) the consular officer, at the request of the owner or master of the ship, may require that the person appointed by the Central Government to survey the ship shall be accompanied by such person as the consular officer may selec
(1) Nothing in this Part—
(a) prohibiting a ship from proceeding to sea unless there are in force in relation to the ship, or are produced the appropriate certificates issued under this Part or the appropriate safety convention certificates;
(b) requiring information about a ship’s stability to be carried on board,
shall, unless in the case of information about a ship’s stability the Central Government otherwise orders, apply to any troop ship, pleasure yacht or fishing vessel or to 1[any cargo ship of less than three hundred tons gross] or to any ship not fitted with mechanical means of propulsion.
(2) Nothing in the preceding sub-section shall affect the exemption conferrcd by any other provision of this Act.
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(1) The Central Government may, subject to the condition of previous publication, make rules to carry out the purposes of this Part relating to certificates granted under this Part.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may prescribe—
1[(a) the form of any certificate and record of equipment issued under this Part;
(aa) the manner of surveys required to be made in respect of ships to which the manner of surveys specified in the Safety Convention is not applicable;]
(b) the circumstances in which a certificate purporting to have been issued outside India in accordance with the provisions of the Safety Convention or the Load Line Convention shall be recognised in India;<
(1) This Part applies only to nuclear ships.
(2) Notwithstanding anything contained in this Act, a nuclear ship shall not be required to obtain or produce any certificate referred to in sub-clauses (i) to (ix) of clause (38) of section 3 or, as the case may be, any like valid safety convention certificate.
(3) The Central Government may, by notification in the Official Gazette, direct that any of the provisions of this Act (other than the provisions of this Part and the provisions of section 456) specified in the notification—
(a) shall not apply to nuclear ships; or
(b) shall apply to nuclear ships, only with such exceptions, modifications and adaptations as may be specified in the notification.
(1) If in respect of any Indian nuclear passenger or cargo ship the Central Government is satisfied that the ship has been surveyed in accordance with this Act and has been inspected by a person appointed in this behalf by the Central Government and has complied with such special requirements, if any, as that person has, after such inspection, specified, the Central Government may issue—
(a) in the case of a passenger ship, a nuclear passenger ship safety certificate;
(b) in the case of a cargo ship, a nuclear cargo ship safety certificate.
(2) A certificate issued under sub-section (1) shall be in force for a period of twelve months from the date of issue or for such shorter period as may be specified in the certificate.
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(1) No lndian nuclear ship shall proceed on a voyage from any port or place in India to any port or place outside India unless there is in force in respect of the ship—
(a) a nuclear passenger ship safety certificate, if she is a passenger ship;
(b) a nuclear cargo ship safety certificate, if she is a cargo ship.
(2) The master of a ship to which this section applies shall produce to the customs collector from whom a port clearance for the ship is demanded the certificate required by sub-section (1) when the ship proceeds to sea and the port clearance shall not be granted and the ship may be detained until the said certificate is so produced.
—————
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(1) Every Indian nuclear ship shall have on board a safety assessment and an operating manual in such form and containing such particulars and approved by such authority as may be prescribed.
(2) The safety assessment and the operating manual shall be prepared, maintained and kept up-to-date in such manner as may be prescribed.
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* Section 344D ins. by Act 21 of 1966, sec. 30 (w.e.f. 28-5-1966).
(1) No nuclear ship, other than an Indian ship, shall enter the territorial waters of India unless the master, owner or agent thereof has given such advance notice of the ship’s intended arrival in India as may be prescribed, to such authority as may be specified by the Central Government, and has forwarded alongwith the notice a true copy of the ship’s safety assessment to that authority.
(2) If on the examination and evaluation of the’ship’s safety assessment, the authority referred to in sub-section (1) is of opinion that the entry of the ship will involve unreasonable radiation or other hazards to the crew, passengers, members of the public, waterways, food or water resources, he may direct the nuclear ship not to enter the territorial waters of India and the ship shall comply with such direction.
&
(1) The master of every nuclear ship shall, on arrival at a port in India, give notice of the ship’s arrival in the prescribed form to such authority as the Central Government may specify in this behalf.
(2) Any person authorised in this behalf (hereinafter referred to as the authorised person), by general or special order of the Central Government, may go on board such ship for the purpose of verifying that she has on board a valid nuclear passenger ship safety certificate or, as the case may be, nuclear cargo ship safety certificate and for the purpose of satisfying himself after examining the safety assessment and operating manual and such other things as he deems fit that there are no unreasonable radiation or other hazards to the crew, passengers members of the public, waterways, food or water resources.
(3) If the authorised person
(1) Where an Indian nuclear ship meets with an accident and such accident is likely to lead to environmental hazards, the master of the ship shall forthwith give notice of the accident—
(a) to such officer or authority as may be specified in this behalf by the Central Government; and
(b) if the ship is in or intends to enter the territorial water of a foreign State, also to the appropriate governmental authority of the State.
(2) Where a nuclear ship other than an Indian ship meets with an accident of the nature specified in sub-section (1) while she is in the territorial waters of, or at a port in, India, the master of the ship shall forthwith give notice of the accident to the officer or authority specified under clause (a) of sub-section (1).
&
(1) The provisions of sections 228 to 231 (inclusive) shall, so far as may be, apply to and in relation to every certificate issued by the Central Government under section 344B in the same manner as they apply to and in relation to a certificate of survey.
(2) The provisions of section 309A shall apply to and in relation to a nuclear ship surveyed for the purpose of issue of a certificate under section 344B as they apply to and in relation to a ship surveyed for the purpose of issue of a safety convention certificate under Part IX.
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* Section 344H ins. by Act 21 of 1966, sec. 30 (w.e.f. 28-5-1966).
(1) The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Part.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the design, construction and standards of inspection and assembly of the reactor installations of nuclear ships;
(b) the standards of safety of nuclear ships;
(c) the manner of survey of nuclear ships;
(d) the forms in which certificates under this Part may be issued;
(e) the form and manner in which the safety assessment and operatin
(1) Subject to sub-section (2), this Part shall apply to—
(a) the following types of ships engaged on international voyages, namely:—
(i) passenger ships including high speed passenger craft;
(ii) cargo ships including high speed craft of five hundred gross tonnage and above;
(iii) mobile offshore drilling units:
Provided that the Central Government may extend the application of this Part to those ships which are exclusively engaged on coastal voyages;
(b) the port facilities serving ships referred to in clause (a):
Provided that the Central Government may, after taking decision, on the basis of port facility
In this Part, unless the context otherwise requires,—
(a) “company” means the owner of the ship who, or any organisation which has assumed the responsibility of operation of the ship from the owner of such ship and who or which has agreed to take over all the duties and responsibilities imposed by the International Safety Management Code;
(b) “declaration of security” means an agreement between ships or a ship and a port facility specifying therein the security measures to be complied with;
(c) “designated authority” means such authority as the Central Government may, by notification in the Official Gazette, specify;
(d) “International Ship and Port Facility Security Code” means the code for the security of ships and port facilities provided in
(1) The Central Government or the designated authority, as the case may be, shall provide every Indian ship of one hundred gross tonnage and above and every Indian cargo ship of three hundred gross tonnage and above, a ship identification number, which conforms to the relevant scheme formulated by the International Maritime Organisation.
(2) All the certificates issued under this Act and all certified copies thereof shall bear the ship identification number.]
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1. Sec 344L ins. by the Merchant Shipping (Amendment) Act, 2007, sec. 6.
(1) The Central Government or the designated authority, as the case may be, shall set security levels taking into consideration human elment such as shore leave and provide information thereof to all the Indian ships, as may be prescribed.
(2) The Central Government or the designated authority, as the case may be, shall set security levels and provide information thereof to port facilities within India and to every ship prior to entering an Indian port or while in a port within India, as may be prescribed:
Provided that the Central Government may authorise any recognised security organisation to carry out any of the security measures under this section, on behalf of it, with such conditions as may be prescribed. ]
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1. Sec 344M ins. by
The Central Government shall carry out port facility assessment in the manner as may be prescribed. ]
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1. Sec 344N ins. by the Merchant Shipping (Amendment) Act, 2007, sec. 6.
Every company, ship or port facility shall comply with the relevant requirements under the Safety Convention and the International Code for the Security of Ships and Port Facility. ]
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1. Sec 344O ins. by the Merchant Shipping (Amendment) Act, 2007, sec. 6.
Every port facility in India shall comply with the requirement of this Part or the rules made thereunder. ]
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1. Sec 344P ins. by the Merchant Shipping (Amendment) Act, 2007, sec. 6.
The Central Government or the designated authority or the authorised person, as the case may be, shall issue every Indian ship to which this Part applies, an International Ship Security Certificate or an Interim International Ship Security Certificate, as the case may be, in the form and manner as may be prescribed. ]
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1. Sec 344Q ins. by the Merchant Shipping (Amendment) Act, 2007, sec. 6.
Every Indian ship shall be provided with such Ship Security Alert System, as may be prescribed.]
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1. Sec 344R ins. by the Merchant Shipping (Amendment) Act, 2007, sec. 6.
Every ship to which this Part applies shall be subject to such control measures as may be prescribed. ]
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1. Sec 344S ins. by the Merchant Shipping (Amendment) Act, 2007, sec. 6.
(1) The Central Government may, having regard to the provisions of the Safety Convention, make rules to carry out the purposes of this Part.
(2) In particular and without prejudice to the generality of the provisions of sub-section (1), such rules may provide—
(a) for alternative or equivalent security levels;
(b) fee to be levied for any service rendered;
(c) any other matter which by this Part is to be, or may be, prescribed.]
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1. Sec 344T ins. by the Merchant Shipping (Amendment) Act, 2007, sec. 6.
(1) Whenever by the fault of two or more ships damage or loss is caused to one or more of them or to the cargo of one or more of them or to any property on board one or more of them, the liability to make good the damage or loss shall be in proportion to the degree in which each ship was at fault:
Provided that—
(a) if, having regard to all the circumstances of the case, it is not possible to establish different degrees of fault, the liability shall be apportioned equally;
(b) nothing in this section shall operate so as to render any ship liable for any loss or damage to which her fault has not contributed;
(c) nothing in this section shall affect the liability of any person under any contract, or shall be construed as
(1) Whenever loss of life or personal injuries are suffered by any person on board a ship owing to the fault of that ship and of any other ship or ships, the liability of the owners of the ships concerned shall be joint and several.
(2) Nothing in this section shall be construed as depriving any person of any right of defence on which, independently of this section, he might have relied in an action brought against him by the person injured, or any person entitled to sue in respect of such loss of life, or shall affect the right of any person to limit his liability in cases to which this section relates in the manner provided by law.
(1) Whenever loss of life or personal injuries are suffered by a person on board a ship owning to the fault of that ship and of any other ship or ships, and a proportion of the damages is recovered from the owner of one of the ships which exceeds the proportion in which she was in fault, the said owner may recovery by way of contribution the amount of the excess from the owners of the other ship or ships to the extent to which those ships were respectively in fault:
Provided that no amount shall be so recovered which could not, by reason of any statutory or contractual limitation of, or exemption from, liability, or which could not for any other reason, have been recovered in the first instance as damages by the persons entitled to sue therefor.
(2) In addition to any other remedy provided by law, the person entitled to any contribution
In every case of collision between two ships it shall be the duty of the master or person in-charge of each ship, in and so far as he can do so without danger to his own ship, crew and passengers, if any—
(a) to render to the other ship, her master, crew and passengers, if any, such assistance as may be practicable and may be necessary to save them from any danger caused by the collision and to stay by the other ship until he has ascertained that she has no need of further assistance, and
(b) to give to the masters or persons in-charge of the other ships the name of his own ship and of the port to which she belongs and also the names of the ports from which she comes and to which she is bound.
In every case of collision in which it is practicable so to do, the master of every ship concerned shall, immediately after the occurrence, cause a statement thereof and of the circumstances under which the same occurred to be entered in the official log book, if any, and the entry shall be signed by the master and also by the mate or one of the crew.
When a ship has sustained or caused any accident occasioning loss of life or any serious injury to any person or has received any material damage affecting her seaworthiness or her efficiency either in her hull or is so altered in any part of her machinery as not to correspond with the particulars contained in any of the certificates issued under this Act in respect of the ship, the owner or master shall, within twenty-four hours after the happening of the accident or damage or as soon thereafter as possible, transmit to the Central Government or the nearest principal officer a report of the accident or damage and of the probable cause thereof stating the name of the ship, her official number, if any, her port of registry and the place where she is.
If the owner or agent of any Indian ship has reason, owing to the non-appearance of the ship or to any other circumstance, to apprehend that the ship has been wholly lost, he shall, as soon as conveniently may be, send to the Central Government notice in writing of loss and of the probable cause thereof stating the name of the ship, her official number, if any, and her port of registry.
In this Part, unless the context otherwise requires,—
(a) “claim” means a personal claim or property claim;
1[(b) “Convention” means the Convention on Limitation of Liability for Maritime Claims, 1976 as amended from time to time;]
(c) “Fund”, in relation to a vessel, means the Limitation Fund constituted under section 352C; .
(d) “liability”, in relation to owner of a vessel, includes liability of the vessel herself;
(e) “occurrence” means an occurrence referred to in sub-section (1) of section 352A;
(f) “personal claim” means a claim resulting from loss of life or personal injury;
(1) The ship owner, salvor, any person for whose act, neglect or default the ship owner or salvor, as the case may be, is responsible, and an insurer of liability for claims to the same extent as the assured himself, may limit his liability as provided under section 352B in respect of,—
(a) claims arising from loss of life of or personal injury to, or loss of or damage to, property (including damage to harbour works, basins and waterways and aids to navigation), occurring on board or in direct connection with the operation of the ship or with salvage operations, and consequential loss resulting therefrom;
(b) claims arising out of loss resulting from delay in the carriage by sea of cargo and passengers or their luggage;
(c) claims arising out of other loss resulti
The amount of which any person referred to in sub-section (1) of section 352A may limit his liability in accordance with the provisions of the Convention and in cases where the provisions of the Convention are not applicable, the limit shall be in accordance with the rules in this behalf prescribe.]
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* Sections 352B subs. by Act 25 of 1970, sec. 16, for section 352 (w.e.f. 15-9-1972).
1. Subs. by Act 63 of 2002, sec. 18, for section 352B (w.e.f. 1-2-2003).
2[(1) Where any liability is alleged to have been incurred by a person referred to in sub-section (1) of section 352A in respect of claims arising out of an occurrence, and legal proceedings are instituted in respect of claims subject to limitation, then such person may apply to the High Court for the setting up of a limitation. Fund for the total sum representing the amounts set out in the Convention or the rules made in this behalf under this Part applicable to claims for which that person may be liable together with interest thereon from the date of occurrence giving rise to the liability until the date of the constitution of the Fund.]
(2) The High Court to which the application is made under sub-section (1) may determine the amount of the owner’s liability and require him to deposit such amount with the High Court 3[or produce a guarantee acceptable or produce a bank guarantee
(1) Where a vessel or other property is detained in connection with a claim which appears to the High Court to be founded on a liability to which a limit set by section 352B applies, or security is given to prevent or obtain release from such detention, the High Court may, and in the circumstances mentioned in sub-section (3) of this section shall, order the release of the vessel, property or security if the conditions specified in sub-section (2) are satisfied; and where the release is ordered, the person on whose application it is ordered shall be deemed to have submitted to the jurisdiction of the High Court to adjudicate upon the claim.
(2) The conditions referred to in sub-section (1) are—
(a) that security which in the opinion of the High Court is satisfactory (in this section referred to as “guarantee”) has previously be
(1) The provisions of this Part shall apply whenever any person referred to in sub-section (1) of section 352A seeks to limit his liability before the Court or seeks to procure the release of a ship or other property or the discharge of any guarantee given within the Indian jurisdiction but any person referred to in sub-section (1) of section 352A who at the time when the provisions under this Part are invoked before any Court in India does not have his habitual residence in India or does not have his principal place of business in India or any ship in relation to which the right of limitation is invoked or whose release is sought and which does not at the time specified above fly the flag of the State, which is a party to the Convention, is wholly excluded from the provisions of this Part.
(2) The provisions of this Part shall not be applicable to the following vessels unless the
(1) Subject to the provisions of sub-section (2), the provisions of this Part relating to limitation of liability of an owner of a vessel in respect of claims arising out of an occurrence shall apply to the charterer, manager and operator of the vessel and to the master, members of the crew and other servants of the owner, charterer, manager or operator acting in the course of their employment in the same manner as they apply in relation to the owner:
Provided that the total limits or liability of the owner and all other persons referred to in this sub-section in respect of personal claims and property, claims arising on a distinct occasion shall not exceed. the amounts determined in accordance with the provisions of section 352B.
(2) The master or a member of the crew of a vessel may limit his liability under sub-section (1) even if the
The Central Government may make rules to carry out the purposes of this Part:
Provided that the rules under this Part shall be made having regard to the provisions of the Convention.]
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1. Ins. by Act 63 of 2002, sec. 22 (w.e.f. 1-2-2003).
This Part applies to—
(a) every Indian ship wherever it is; and
(b) every foreign ship while it is at a port or place in India or within the territorial waters of India or any marine areas adjacent thereto over which India has, or may hereafter have, exclusive jurisdiction in regard to control of marine pollution under the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 (80 of 1976), or any other law for the time being in force.
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* Section 352G ins. by Act 12 of 1983, sec. 10 (w.e.f. 18-5-1983).
In this Part, unless the context otherwise requires,—
(a) “incident” means any occurrence, or series of occurrences having the same origin, which causes pollution damage or creates a grave and imminent threat of causing such damage;
(b) “Liability Convention” means the International Convention on Civil Liability for Oil Pollution Damage, 1992 as amended from time to time;
(c) “oil” means any persistent hydro carbon mineral oil such as crude oil, fuel oil, heavy diesel oil, lubricating oil whether carried on board a ship as cargo or in the bunker of such ship;
(d) “owner” means—
(i) the person registered as owner of the ship;
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(1) Save as otherwise provided in sub-sections (2), (3) and (4), the owner at the time of an incident, or, where the incident consists of a series of occurrence, at the time of first of such occurrences, shall be liable for any pollution damage caused by oil which has escaped or been discharged from the ship as a result of the incident.
(2) No liability for pollution damage shall attach to the owner under sub-section (1), if he proves that the pollution damage—
(a) resulted from an act of war, hostillities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character; or
(b) was wholly caused by an act or omission done with intent to cause such damage by any other person; or
(c)
(1) The owner shall be entitled to limit his liability under this Part, in respect of any one or more incident, as may be prescribed.
(2) The owner shall not be entitled to limit his liability if it is proved that the incident causing pollution damage occurred as a result of his personal act or omission committed or made with the intent to cause such damage, or recklessly and with knowledge that such damage would probably result.]
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1.Subs. by Act 63 of 2002, sec. 25, for section 352J (w.e.f. 1-2-2003).
(1) (a) Any owner desiring to avail of the benefit of limitation of his liability under sub-section (1) of section 352J shall make an application to the High Court for constitution of a limitation fund (hereafter in this Part referred to as fund).
(b) Such fund may be constituted either by depositing the sum with the High Court or by furnishing bank guarantee or such other security as, in the opinion of the High Court, is satisfactory.
(2) (a) The insurer or any other person providing financial security to the owner may apply to the High Court for constitution of the fund under sub-section (1) and any fund so constituted shall have the same effect as if it were constituted by the owner.
(b) Such fund may be constituted even in cases where sub-section (2) of section 352J applies but in any such
(1) Where the owner or any of his servants or agents or any other person providing him insurance or other financial security has, as a result of incident in question, paid any compensation to any claimant, such person shall, up to the amount so paid by him, be entitled to acquire by subrogation the rights to which the claimant so compensated would be entitled to.
(2) Where the owner or any other person providing him insurance or other financial security establishes that he may, at a later date, be compelled to pay to any person, in whole or in part, any amount by way of compensation for pollution damage caused by the incident with respect to which he would have been entitled to acquire by subrogation the right of the claimant had the compensation been paid before the fund was distributed, the High Court may order that sufficient amount from the fund may provisionally be set aside t
(1) The High Court shall consolidate all claims against the fund including those arising under section 352L.
(2) Any claim in respect of expenses reasonably incurred or sacrifices reasonably made by the owner voluntarily to prevent or minimise pollution damage shall rank equally with other claims against the fund.
(3) Subject to the provisions of sub-section (2) of section 352L, the High Court shall distribute the amount in the fund among all claimants in proportion to their established claims.
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* Section 352M ins. by Act 12 of 1983, sec. 10 (w.e.f. 18-5-1983).
(1) The owner of every Indian ship which carries 2000 tons or more oil in bulk as cargo shall, in respect of such ship, maintain an insurance or other financial security for an amount equivalent to—
1[(a) one hundred and thirty-three Special Drawing Rights for each ton of the ship’s tonnage; or
(b) fourteen million Special Drawing Rights,]
whichever is lower.
(2) In respect of every Indian ship which maintains insurance or other financial security under sub-section (1), there shall be issued by the Director General a certificate in such form and giving such particulars as may be prescribed.
(3) On an application by the owner or agent of any foreign ship, the Director General may issue
Any certificate issued by a competent authority in any country outside India to a ship registered in that country or any certificate issued by a competent authority of any country which is a contracting party to the International Convention on Civil Liability for Oil Pollution Damage signed at Brussels on the 29th day of November, 1969 1[as amended from time to time] to any ship wherever registered, shall be accepted at any port or place in India as if it were issued under this Act.
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* Section 352-O ins. by Act 12 of 1983, sec. 10 (w.e.f. 18-5-1983).
1. Ins. by Act 55 of 1988, sec. 6 (w.e.f. 1-7-1989).
(1) No Indian ship, which has on board 2000 tons or more oil in bulk as cargo shall enter or leave or attempt to enter or leave any port or place in India, unless it carries on board a certificate issued under sub-section (2) of section 352N or a certificate accepted under section 352-O.
(2) No ship other than an Indian ship carrying 2000 tons or more oil in bulk as cargo, wherever registered, shall enter or leave or attempt to enter or leave any port or place in India, unless it carries on board a certificate issued under sub-section (3) of section 352N or a certificate accepted under section 352-O.
(3) No customs officer shall grant inward entry or outward clearance to any ship to which sub-section (1) or, as the case may be, sub-section (2) applies, unless its master produces a certificate required under the respective sub-section.
Nothing in this Part shall apply to any ship of war or any ship for the time being used by the Government of any country for purposes other than commercial purposes.
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* Section 352Q ins. by Act 12 of 1983, sec. 10 (w.e.f. 18-5-1983).
The Central Government may make rules prescribing—
(a) the form of certificate to be issued by the Director General under sub-section (2) of section 352N and the particulars which it may contain;
(b) fees which may be charged for issue of certificates under section 352N;]
1[(c) the limits of liability of owner in respect of one or more incident of pollution damage or other requirements having regard to the provisions of the Liability Convention.]
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* Section 352R ins. by Act 12 of 1983, sec. 10 (w.e.f. 18-5-1983).
1. Ins. by Act 63 of 2002, sec. 26 (w.e.f. 1-2-2003).
In this Part, unless the context otherwise requires,—
(a) “contributing oil” means crude oil and fuel oil.
Explanation.—For the purposes of this clause,—
(i) “crude oil” means any liquid hydro carbon mixture occurring naturally in the earth whether or not treated to render it suitable for transportation and includes crude oils from which certain distillate fractions have been removed or to which certain distillate fractions have been added;
(ii) “fuel oil” means heavy distillates or residues from crude oil or blends of such materials intended for use as a fuel for the production of heat or power of a quality equivalent to the ‘American Society for Testing and Materials’ Specification for Number
(1) Contribution to the Fund, in respect of contributing oil carried by sea to ports or terminal installations in India, shall be payable in accordance with Articles 10 and 12 of the Fund Convention.
(2) Sub-section (1) shall apply whether or not the contributing oil is imported, and notwithstanding that contributions are payable to the Fund in respect of carriage of the same contributing oil on a previous voyage.
(3) Contributions shall also be payable to the Fund in respect of contributing oil when first received in any installation in India after having been carried by sea and discharged in a port or terminal installation in a country which is not a Fund Convention country.
(4) The person liable to pay contributions to the Fund shall be—
(1) The contributions payable to the Fund by a person for any year shall be,-
(a) such amount as may be determined by the Assembly of the Fund under Articles 10 and 12 of the Fund Convention;
(b) in such instalments, becoming due at such dates,
as may be notified and if any amount due from such person remains unpaid after the date on which it became due, it shall from that due date bear interest at a rate determined by the said Assembly until it is paid.
(2) The Central Government may require persons, who are or may be liable to pay contributions to the Fund under section 352T, to give financial security for payment of contributions to that Government or the Fund.
(1) The Central Government may, for the purpose of transmitting to the Fund the names and addresses of the persons who under section 352T are liable to make contributions to the Fund every year and the quantity of contributing oil in respect of which they are so liable, by notice require any such person to furnish such information as may be specified therein.
(2) A notice under this section may require a person to give such information as may be required to ascertain whether he is liable to contribute to the Fund.
(3) A notice under this section may specify the manner in which, and the time within which, such notice is to be complied with.
(4) In proceedings by the Fund against any person to recover any amount due under section 352T, particulars contained in any list transmitted by the Central
Where any person suffering pollution damage has been unable to obtain full and adequate compensation for the damage under the terms of the Liability Convention on any of the grounds specified in Article 4 of the Fund Convention, the Fund shall be liable for pollution damage in accordance with the provisions of the Fund Convention.
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* Section 352W ins. by Act 63 of 2002, sec. 27 (w.e.f. 1-2-2003).
(1) Any action for a claim against the Fund for compensation under section 352W shall be brought before the High Court.
(2) The Fund shall have the right to intervene as a party to any legal proceedings instituted in the High Court against the owner or his guarantor.
(3) Where an action for compensation for pollution damage has been brought against the owner or his guarantor before the High Court each party to the proceedings may notify the Fund of the proceedings.
(4) Where such notice of proceedings has been given to the Fund, any judgment given in the proceedings shall, after it has become final and enforceable, become binding upon the Fund in the sense that the facts and evidence in that judgment may not be disputed by the Fund on the ground that it has not intervened in the proceedings.
Notwithstanding anything contained in any other law for the time being in force, no action to enforce a claim against the Fund under this Part shall be entertained by a High Court unless—
(a) the action to enforce is commenced; or
(b) notice of action to enforce a claim against the owner or his guarantor in respect of the same pollution damage is given to the Fund,
within three years from the date when the damage occurred:
Provided that in no case an action enforce a claim shall be brought after six years from the date of the incident that caused such damage.
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* Section 352Y ins. by Ac
In respect of any sum paid by a public authority in India or the Fund, as the case may be, as compensation for pollution damage, that authority shall acquire by subrogation any rights which the person so compensated would have enjoyed under the Fund Convention.
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* Section 352Z ins. by Act 63 of 2002, sec. 27 (w.e.f. 1-2-2003).
The Central Government may make such rules as may be required to carry out the purposes of the Fund Convention.
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* Section 352ZA ins. by Act 63 of 2002, sec. 27 (w.e.f. 1-2-2003).
No person on any Indian ship shall, when the ship is going ahead, give a helm or steering order containing the word “starboard” or “right” or any equivalent of “starboard” or “right” unless he intends that the head of the ship shall move to the “right” or give a helm or steering order containing the word “port” or “left” or any equivalent of “port” or “left” unless he intends that the head of the ship shall move to the left.
The master of any Indian ship on meeting with dangerous ice, a dangerous derelict, a tropical storm or any other direct danger to navigation 1[or on encountering sub-freezing air temperatures associated with gale-force winds, causing severe ice accretions on super-structures or strong gales for which no storm warning has been received by him] shall send information accordingly by all means of communication at his disposal and in accordance with such rules as the Central Government may make in this behalf to ships in the vicinity and to such authorities on shore as may be prescribed by those rules.
Explanation.—For the purpose of this section the expression “tropical storm” means a hurricane, typhoon, cyclone or other storm of a similar nature, and the master of a ship shall be deemed to have met with a tropical storm if he has reason to believe that there is such a storm in the vic
(1) Where an authority prescribed under section 354 receives intelligence from any source of any danger to navigation mentioned in that section, that authority shall, as soon as possible, communicate such intelligence to such ships and authorities as he may deem proper.
(2) The intelligence shall be communicated in such manner and subject to such terms and conditions as may be prescribed:
Provided that no fees shall be levied for communicating any intelligence under this section to a ship.]
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1. Ins. by Act 21 of 1966, sec. 32 (w.e.f. 28-5-1966).
(1) The master of an Indian ship on receiving at sea a signal of distress or information from any source that a vessel or aircraft is in distress shall proceed with all speed to the assistance of the persons in distress (informing them if possible that he is doing so) unless he is unable or in the special circumstances of the case considers it unreasonable or unnecessary to do so or unless he is released from such obligation under the provisions of sub-section (3) or sub-section (4).
(2) Where the master of any ship in distress has requisitioned any Indian ship that has answered his call, it shall be the duty of the master of the requisitioned ship to comply with the requisition by continuing to proceed with all speed to the assistance of the persons in distress unless he is released from the obligation under the provisions of sub-section (4).
(1) The master of every Indian ship shall render assistance to every person found at sea in danger of being lost, unless he is unable or, in the special circumstances of the case, considers that such assistance cannot be rendered without serious danger to his ship, or the persons thereon.
(2) If the master of an Indian ship is unable or consider it unreasonable to go to the assistance of a person found at sea in danger of being lost, the master shall forthwith cause a statement to be entered in the official log book or, if there is no official log book, cause other record to be kept of his reasons for not going to the assistance of that person.]
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1. Ins. by Act 21 of 1966, sec. 33 (w.e.f. 28-5-1966).
The Central Government may, subject to the condition of previous publication, make rules prescribing—
(a) the manner of communicating information regarding dangers to navigation, and the authorities on shore to whom such information is to be communicated;
1[(aa) the manner of communicating intelligence regarding dangers to navigation, the terms and conditions subject to which such intelligence may be communicated and the fees which may be levied for the communication of intelligence;]
(b) the signals which shall be 2[signals of distress, urgency and of safety,] respectively;
(c) the circumstances in which, and the purposes for which, any such signal is to be used, and the circumstances in which it is to be revoked
(1) Save as otherwise provided, this Part shall apply to—
(a) oil tankers of one hundred and fifty tons gross or more, other ships of four hundred tons gross or more and off-shore installations; and
(b) incidents of marine casualty or acts relating to such casualty occurring with grave and imminent danger to Indian coast line or related interests from pollution or threat of pollution in the sea by deliberate, negligent or accidental release of oil, ballast water, noxious liquid and other harmful substances into sea including such incidents occurring on the high seas.
(2) This Part shall not apply to any war ships or other ships owned or operated by the Government and used for the time being on Government non-commercial services.]]
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In this Part, unless the context otherwise requires,—
(a) “ballast” means any solid or liquid placed in a ship to increase the draft to change the trim, to regulate the stability, or to maintain stress load within such limits as may be prescribed;
(b) “cargo” includes ballast and ships stores and fuel;
(c) “coasts” has the meaning assigned to it in section 357;
(d) “coastal waters” means any part of the territorial waters of India, or any marine areas adjacent thereto over which India has, or, may hereafter have, exclusive jurisdiction in regard to control of marine pollution under the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 (80 of 1976), or any other law for the time being in force;
(1) No Indian oil tanker or other Indian ship shall proceed to sea unless there is in force, in respect of that ship, a certificate issued by the Central Government, to be called an international oil pollution prevention certificate, in such form, for such duration and subject to such conditions as may be prescribed.
(2) No Indian oil tanker or other Indian ship carrying noxious liquid substances in bulk shall proceed to sea except with a certificate issued by the Central Government, to be called an international pollution prevention certificate, in such form, for such duration and subject to such conditions as may be prescribed for the carriage of noxious liquid substances in bulk.
(3) No Indian oil tanker or other Indian ship to which Annexure IV of the Convention applies shall proceed to sea except with a certificate issued by the C
(1) The Central Government may, at the request of the Government of a country to which the Convention applies, cause any international pollution prevention certificate to be issued in accordance with the Convention in respect of an oil tanker or other ship in that country, if it is satisfied that such certificate can properly be issued, and where a certificate is so issued, it shall contain a statement that it has been issued on request.
(2) The Central Government may request the Government of a country to which the Convention applies, to issue any international pollution prevention certificate in accordance with the Convention in respect of a ship and the certificate issued in pursuance of such a request containing a statement that it has been so issued shall have the same effect as if it had been issued by the Central Government under this Act.] ]
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For the purpose of preventing or reducing discharges of harmful substances or mixtures containing such substances from the oil tankers or other ships, the Central Government may make rules requiring Indian oil tankers and other Indian ships to be fitted with such equipment and to comply with such requirements for construction, survey of equipment and structure of such oil tankers or other ships and specifying conditions for making of surveys of all oil tankers or other ships, as may be prescribed, prior to issuing an international pollution prevention certificate.
Explanation .—For the purposes of this section, “harmful substance” means any substance which, if introduced into the sea, is liable to create hazards to human health, harm living resources and marine life, damage amenities or interfere with other legitimate uses of the sea, and includes any substance subject to control
(1) Every Indian oil tanker or other Indian ship which carries a substance subject to control by the Convention shall maintain, as may be required, record books in the prescribed forms, on board the oil tanker or other ship.
(2) The manner in which record books shall be maintained, the nature of entries to be made therein, the custody and disposal thereof, and all other matters relating thereto shall be such as may be prescribed having regard to the provisions of the Convention.] ]
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1 Ins. by Act 25 of 1970, sec. 17 (w.e.f. 31-5-1970) and subs. by Act 12 of 1983, sec. 11 (w.e.f. 18-5-1983).
2. Subs. by Act 59 of 2003, sec. 2, for section 356F (w.e.f. 1-3-2004) ( See Annexe).
(1) A surveyor or any person authorised in this behalf may go, at any reasonable time, on board an oil tanker or other ship to which any of the provisions of this Part applies, for the purposes of—
(a) ensuring that the prohibitions, restrictions and obligations imposed by or under this Part are complied with;
(b) satisfying himself about the adequacy of the measures taken to prevent pollution;
(c) ascertaining the circumstances relating to an alleged discharge of a substance which is subject to control by the Convention from the oil tanker or other ship in contravention of the provisions of this Part;
(d) inspecting any record required to be maintained on board; and
(e) checking the validity of the
(1) If, on report from a surveyor or other person authorised to inspect an oil tanker or other ship under section 356G, the Director-General is satisfied that any provision of the Convention has been contravened by such oil tanker or other ship within the coastal waters, the Director-General or any officer authorised by him in this behalf, may—
(a) detain the oil tanker or other ship until the causes of such contravention are removed to the satisfaction of the Director-General or the officer authorised by him; and
(b) proceed against such oil tanker or other ship for recovery of cost of pollution damage, if any, and the cost of prevention of pollution damage and cleaning of such pollution:
Provided that where the Director-General deems it necessary, he may request the Indian Navy or the Coa
(1) Notwithstanding anything contained in any other law for the time being in force, in respect of every port in India, the powers of the port authority shall include the power to provide 2[reception facilities].
(2) A port authority providing 2[reception facilities] or a person providing such facilities by arrangement with the port authority, may make charges for the use of the facilities at such rates and may impose such conditions in respect of the use thereof as may be approved, by notification in the Official Gazette, by the Central Government in respect of the port.
(3) Where the Central Government is satisfied that there are no 2[reception facilities] at any port in India or that the facilities available at such port are not adequate for enabling ships calling at such port to comply with the requirements of the Convention, the C
(1) Where the Central Government is satisfied that—
(a) 2[oil or noxious liquid substance] is escaping or is likely to escape from a tanker, a ship other than a tanker or any off-shore installation; and
(b) the 2[oil or noxious liquid substance] so escaped or likely to escape is causing or threatens to cause pollution of any part of coasts or coastal waters of India,
it may, for the purpose of minimising the pollution already caused, or, for preventing the pollution threatened to be caused require—
(i) the owner, agent, master or charterer of the tanker,
(ii) the owner, agent, master or charterer of the ship other than a tanker,
(iii) the owner, agent, ma
(1) Where any person fails to comply, or fails to comply in part, with any notice served on him under section 356J; the Central Government may, whether or not such person is convicted of an offence under this Part by reason of his having so failed to comply, cause such action to be taken as it may deem necessary for—
(i) carrying out the directives given in the notice issued under section 356J; and
(ii) containing the pollution already caused or preventing the pollution threatened to be caused, of coastal waters or, as the case may be, of any part of the coast of India by 2[oil or noxious liquid substance] escaped or threatening to escape from the tanker, a ship other than a tanker, a mobile off-shore installation or off-shore installation of any other type.
(2) Subject to the provisions of
(1) Where for the purposes of taking any measures under sub-section (1) of section 356K, services of any Indian ship become necessary for—
(i) lightening or transporting any cargo or equipment from or to the polluting ship; or
(ii) providing any assistance to any other ship or equipment engaged in rendering services under clause (i),
the Central Government may, if it deems it necessary so to do, direct, by an order in writing, the owner of any Indian ship, tug, barge or any other equipment to provide such services or assistance as may be specified in that order.
(2) The owner of any ship, tug, barge or any other equipment with respect to which an order under sub-section (1) has been made shall be entitled to tariff rates of freight and charter h
(1) With effect from such date as the Central Government may, by notification in the Official Gazette, specify, there shall be levied on every ship calling at any port in India being a ship which carries oil as cargo, a cess to be called Oil Pollution Cess (hereafter in this Part referred to as cess) at such rate not exceeding fifty paise,—
(a) in respect of each tonne of oil imported by a ship into India in bulk as a cargo;
(b) in respect of each tonne of oil shipped from any place in India in bulk as a cargo of a ship,
as the Central Government may, by notification in the Official Gazette, fix:
Provided that no cess shall be levied on a ship at any port if the ship produces evidence of having paid such levy at the same or any other port in Ind
The officer whose duty it is to grant a port clearance for any ship shall not grant the port clearance until the amount of cess payable under section 356M has been paid or until security for the payment thereof has been given to his satisfaction.]
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1.Ins. by Act 25 of 1970, sec. 17 (w.e.f. 31-5-1970) and subs. by Act 12 of 1983, sec. 11 (w.e.f. 18-5-1983).
(1) The Central Government, may, having regard to the provisions of the Convention, make rules to carry out the purposes of this Part.
(2) In particular and without prejudice to the generality of the provisions of sub-section (1), such rules may—
2[(a) prescribe the limits of ballast, and designate noxious liquid substances, under clauses (a) and (h), respectively, of section 356B;
(b) prescribe the forms in which, the duration for which and the conditions subject to which, various international pollution prevention certificates shall be issued under section 356C;
(bb) prescribe the period within which, the manner in which and the conditions for making surveys of oil tankers or other ships prior to issuing an international pollution prevention c
In this Part, the word “coasts” includes the coasts of creeks and tidal rivers.
(1) For the purpose of investigations and inquiries under this Part, a shipping casualty shall be deemed to occur when—
(a) on or near the coasts of India, any ship is lost, abandoned, stranded or materially damaged;
(b) on or near the coasts of India, any ship causes loss or material damage to any other ship;
(c) any loss of life ensues by reason of any casualty happening to or on board any ship on or near the coasts of India;
(d) in any place, any such loss, abandonment, stranding, material damage or casualty as above mentioned occurs to or on board any Indian ship, and any coinpetent witness thereof is found in India;
(e) any Indian ship is lost or is s
(1) Whenever any such officer as is referred to in sub-section (2) of section 358 receives credible information that a shipping casualty has occurred, he shall forthwith report in writing the information to the Central Government; and may proceed to make a preliminary inquiry into the casualty.
(2) An officer making a preliminary inquiry under sub-section (1) shall send a report thereof to the Central Government or such other authority as may be appointed by it in this behalf.
The officer appointed under sub-section (2) of section 358, whether he has made a preliminary inquiry or not, may, and, where the Central Government so directs, shall make an application to a court empowered under section 361, requesting it to make a formal investigation into any shipping casualty, and the court shall thereupon make such investigation.
1[A Judicial Magistrate of the first class] specially empowered in this behalf by the Central Government and a 2[Metropolitan Magistrate] shall have jurisdiction to make formal investigation into shipping casualties under this Part.
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1. Subs. by Act 12 of 1983, sec. 17 and Sch., for “A Magistrate of the first class” (w.e.f. 18-5-1983).
2. Subs. by Act 12 of 1983, sec. 17 and Sch., for “Presidency Magistrate” (w.e.f. 18-5-1983).
(1) Any court making a formal investigation into a shipping casualty may inquire into any charge of incompetency or misconduct arising, in the course of the investigation, against any master, mate or engineer, as well as into any charge of a wrongful act or default on his part causing the shipping casualty.
(2) In every case in which any such charge, whether of incompetency or misconduct, or of a wrongful act or default, as aforesaid, arises against any master, mate or engineer, in the course of an investigation, the court shall, before the commencement of the inquiry, cause to be furnished to him a statement of the case upon which the inquiry has been directed.
(1) If the Central Government has reason to believe that there are grounds for charging any master, mate or engineer with incompetency or misconduct, otherwise than in the course of a formal investigation into shipping casualty, the Central Government,—
(a) if the master, mate or engineer holds a certificate under this Act, in any case;
(b) if the master, mate or engineer holds a certificate under the law of any country outside India, in any case where the incompetency or misconduct has occurred on board an Indian ship,
may transmit a statement of the case to any court having jurisdiction under section 361, which is at or nearest to the place where it may be convenient for the parties and witnesses to attend, and may direct that court to make an inquiry into that charge.
For the purpose of any inquiry under this Part into any charge against a master, mate or engineer, the court may summon him to appear, and shall give him an opportunity of making a defence either in person or otherwise.
1[(1)] For the purpose of any investigation or inquiry under this Part, the court making the investigation or inquiry shall, in respect of compelling the attendance and examination of witnesses and the production of documents and the regulation of the proceedings, have the same powers as are exercisable by that court in the exercise of its criminal jurisdiction.
2[(2) Subject to any rules made in this behalf by the Central Government, the court making an investigation or inquiry under this Part may, if it thinks fit, order the payment, on the part of that Government, of the reasonable expenses of any witness attending for the purposes of such investigation or inquiry before such court.]
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1. Section 365 renumbered as sub-section (1) thereo
(1) A court making a formal investigation shall constitute as its assessors not less than two and not more than four persons, of whom one shall be a person conversant with maritime affairs and the other or others shall be conversant with either maritime or mercantile affairs:
Provided that, where the investigation involves, or appears likely to involve, any question as to the cancellation or suspension of the certificate of a master, mate or engineer, two of the assessors shall be persons having also experience in the merchant service.
(2) The assessors shall attend during the investigation and deliver their opinions in writing, to be recorded on the proceedings, but the exercise of all powers conferred on the court by this Part or any other law for the time being in force shall rest with the court.
If any court making an investigation or inquiry under this Part thinks it necessary for obtaining evidence that any person should be arrested, it may issue a warrant for his arrest, and may, for the purpose of effecting the arrest, authorise any officer, subject, nevertheless, to any general or special instructions from the Central Government, to enter any vessel, and any officer so authorised may, for the purpose of enforcing the entry, call to his aid any officer of police or customs or any other person.
Whenever, in the course of any such investigation or inquiry, it appears that any person has committed in India an offence punishable under any law in force in India, the court making the investigation or inquiry may (subject to such rules consistent with this Act as the High Court may from time to time make) cause him to be arrested, or commit him or hold him to bail to take his trial before the proper court, and may bind over any person to give evidence at the trial, and may, for the purposes of this section, exercise all its powers as a criminal court.
(1) The court shall, in the case of all investigations or inquiries under this Part, transmit to the Central Government a full report of the conclusions at which it has arrived together with the evidence.
(2) Where the investigation or inquiry affects a master or an officer of a ship other than an Indian ship who holds a certificate under the law of any country outside India, the Central Government may transmit a copy of the report together with the evidence to the proper authority in that country.
1[(3) The Central Government shall, on receipt of the investigation report from the court, cause it to be published in the Official Gazette.]
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1. Ins. by Act 9 of 1998, sec. 5 (w.r.e.f. 26-9-1997).
(1) A certificate of a master, mate or engineer which has been granted by the Central Government under this Act may be cancelled or suspended—
(a) by a court holding a formal investigation into a shipping casualty under this Part if the court finds that the loss, stranding or abandonment of, or damage to, any ship, or loss of life, has been caused by the wrongful act or default of such master, mate or engineer;
(b) by a court holding an inquiry under this Part into the conduct of the master, mate or engineer if the court finds that he is incompetent or has been guilty of any gross act of drunkenness, tyranny or other misconduct or in a case of collision has failed to render such assistance or give such information as is required by section 348.
(2) At the conclusion of the
Where it appears to the court holding an investigation or inquiry that having regard to the circumstances of the case an order of cancellation or suspension under section 370 is not justified, the court may pass an order censuring the master, mate or engineer in respect of his conduct.
(1) A 1[Judicial Magistrate of the first class] specially empowered in this behalf by the (Central Government or a 2[Metropolitan Magistrate], may remove the master of any ship within his jurisdiction if the removal is shown to his satisfaction to be necessary.
(2) The removal may be made upon the application of the owner of any ship or his agent, or of the consignee of the ship, or of any certificated officer or of one-third or more of the crew of the ship.
(3) The 3[Judicial Magistrate of the first class or Metropolitan Magistrate, as the case may be,] may appoint a new master instead of the one removed, but where the owner, agent or consignee of the ship is within his jurisdiction, such an appointment shall not be made without the consent of that owner, agent or consignee.
(4) The 3[Judicia
Whenever—
(a) a complaint is made to an Indian consular officer or a senior officer of any ship of the Indian Navy in the vicinity (hereinafter referred to as naval officer) by the master or any member of the crew of an Indian ship and such complaint appears to the Indian consular officer or naval officer, as the case may be, to require immediate investigation; or
(b) the interest of the owner of an Indian ship or of the cargo thereof appears to an Indian consular officer or naval officer, as the case may be, to require it; or
(c) an allegation of incompetency or misconduct is made to an Indian consular officer or a naval officer against the master or any of the officers of an Indian ship; or
(d) any Indian sh
(1) A Marine Board shall consist of the officer convening the Board and two other members.
(2) The two other members of the Marine Board shall be appointed by the officer convening the Marine Board from among persons conversant with maritime or mercantile affairs.
(3) The officer convening the Marine Board shall be presiding officer thereof.
(4) A Marine Board shall, subject to the provisions of this Act, have power to regulate its own procedure.
Where there is a difference of opinion among members of the Marine Board, the decision of the majority of the members shall be the decision of the Board.
(1) A Marine Board may, after investigating and hearing the case—
(a) if it is of opinion that the safety of an Indian ship or her cargo or crew or the interest of the owner of an Indian ship or the owner of the cargo thereof requires it, remove the master and appoint another qualified person to act in his stead;
(b) if it is of opinion that any master or officer of an Indian ship is incompetent or has been guilty of any act of misconduct or in a case of collision has failed to render such assistance or give such information as is required by section 348 or that loss, abandonment or stranding of or serious damage to any ship, or loss of life or serious injury to any person has been caused by the wrongful act or default of any master or ship’s officer of an Indian ship, suspend the certificate of that master or ship’s
(1) Any certificate which has been granted by the Central Government under this Act to any master, mate or engineer, may be cancelled or suspended for any specified period, by the Central Government in the following cases, that is to say,—
(a) if, on any investigation or inquiry made by any court, tribunal or other authority for the time being authorised by the legislative authority in any country outside India, the court, tribunal or other authority reports that the master, mate or engineer is incompetent or has been guilty of any gross act of misconduct, drunkenness or tyranny, or in a case of collision has failed to render assistance, or to give such information as is referred to in section 348, or that the loss, stranding or abandonment of, or damage to, any ship or loss of life has been caused by his wrongful act or default;
&nb
A master or ship’s officer who is the holder of a certificate issued under this Act shall, if such certificate has been cancelled or suspended by the Central Government or by a court or suspended by a Marine Board, deliver his certificate to the Central Government, court or Marine Board on demand or if it is not so demanded by the Central Government or court or Board, to the Director General.
The cancellation or suspension of a certificate by the Central Government or by a court or the suspension of a certificate by a Marine Board shall—
(a) if the certificate was issued under this Act, be effective everywhere and in respect of all ships; and
(b) if the certificate was issued outside India, be effective—
(i) within India And the territorial waters of India, in respect of all ships; and
(ii) outside India, in respect of Indian ships only.
If the certificate of a master or ship’s officer is suspended under this Part by the Central Government or by a court or a Marine Board, no endorsement shall be made to that effect on the said certificate.
Notwithstanding anything contained in this Act, the Central Government may, at any time, without any formal investigation or inquiry, cancel or suspend any certificate granted by it under this Act, other than a certificate granted to a master, mate or engineer, if, in its opinion, the holder is, or has become, unfit to act in the grade for which the certificate was granted to him:
Provided that no order under this section shall be passed by the Central Government unless the person concerned has been given an opportunity of making a representation against the order proposed.
(1) Whenever an investigation or inquiry has been held by a court or by a Marine Board under this Part, the Central Government may order the case to be re-heard either generally or as to any part thereof, and shall so order—
(a) if new and important evidence which could not be produced at the investigation has been discovered, or
(b) if for any other reason there has, in its opinion, been a miscarriage of justice.
(2) The Central Government may order the case to be re-heard by the court or Marine Board, as the case may be, consisting of the same members or other members as the Central Government may deem fit.
(1) A court of survey for a port shall consist of a Judge sitting with two assessors.
(2) The Judge shall be a District Judge, Judge of a court of Small Causes, 1[Metropolitan Magistrate, Judicial Magistrate of the first class] or other fit person appointed in this behalf by the Central Government either generally or for any specified case.
(3) The assessors shall be persons of nautical, engineering or other special skill or experience.
(4) Subject to the provisions of Part IX as regards ships other than Indian ships, one of the assessors shall be appointed by the Central Government either generally or in each case and the other shall be summoned by the Judge in the manner prescribed out of a list of persons from time to time prepared for the purpose by the Central Government or, if there is n
(1) If a surveyor authorised to inspect a ship—
(a) makes a statement in his report of inspection with which the owner or his agent or the master of the ship is dissatisfied, or
(b) gives notice under this Act of any defect in any ship, or
(c) declines to give any certificate under this Act,
the owner, master or agent, as the case may be, may, subject to the provisions of sub-section (2) and of section 387, appeal to a court of survey.
(2) Whenever a surveyor inspects any ship, he shall, if the owner, master or agent of the ship so requires, be accompanied on the inspection by some person nominated by the owner, master or agent, as the case may be, and if the person so nomina
(1) The Judge shall on receiving notice of appeal or a reference from the Central Government immediately summon the assessors to meet forthwith in the prescribed manner.
(2) The court of survey shall hear every case in open court.
(3) The Judge may appoint any competent person to survey the ship and report thereon to the court.
(4) The Judge shall have the same powers as the Central Government has to order the ship to be released or finally detained; but unless one of the assessors concurs in an order for the detention of the ship, the ship shall be released.
(5) The owner and master of the ship and any person appointed by the owner or master and also any person appointed by the Central Government may attend any inspection or survey made in pursuanc
The Central Government may make rules for carrying out the purposes of this Part with respect to a court of survey and in particular, and without prejudice to the generality of the foregoing power, with respect to—
(a) the procedure of the court;
(b) the requiring, on an appeal, of security for costs and damages;
(c) the amount and application of fees; and
(d) the ascertainment, in case of dispute, of the proper amount of costs.
(1) If the Central Government is of opinion that an appeal to a court of survey involves a question of construction or design or a scientific difficulty or important principle, if may refer the matter to such one or more out of a list of scientific referees to be from time to time prepared by the Central Government as may appear to possess the special qualifications necessary for the particular case and may be selected by agreement between a person duly appointed by the Central Government in this behalf and the appellant, or in default of any such agreement, by the Central Government; and thereupon the appeal shall be determined, by the referee or referees instead of by the court of survey.
(2) The Central Government, if the appellant in any such appeal so requires and gives security to its satisfaction to pay the costs of and incidental to the reference, shall refer such appeal to
(1) Whenever any explosion or fire occurs on board any ship on or near the coasts of India, the Central Government may direct that an investigation into the causes of explosion or fire be made by such person or persons as it thinks fit.
The person or persons referred to in section 388 may go on board the ship on which the explosion or fire has occurred with all necessary workmen and labourers, and remove any portion of the ship, or of the machinery thereof, for the purpose of the investigation, and shall report to the Central Government or the person duly appointed by it, as the case may be, what in his or their opinion was the cause of the explosion or fire.
In this Part, the word “coasts” includes the coasts of creeks and tidal rivers.
(1) The Central Government may, by notification in the Official Gazette, appoint any person to be a receiver of wreck (in this Part referred to as receiver of wreck) to receive and take possession of wreck and to perform such duties connected therewith as are hereinafter mentioned, within such local limits as may be specified in the notification.
(2) A receiver of wreck may, by order in writing, direct that all or any of his functions under this Part shall, in such circumstances and subject to such conditions, if any, as may be specified in the order, be discharged by such person as may be specified therein and any person while discharging any such functions shall be deemed to be a receiver of wreck for the purposes of this Act.
Where any vessel is wrecked, stranded or in distress at any place on or near the coasts of India, the receiver of wreck, within the limits of whose jurisdiction the place is situate, shall upon being made acquainted, with the circumstance, forthwith proceed there, and upon his arrival shall take command of all persons present and shall assign such duties and give such directions to each person as he thinks fit for the preservation of the vessel and of the lives of the persons belonging to the vessel and of its cargo and equipment:
Provided that the receiver shall not interfere between the master and the crew of the vessel in reference to the management thereof unless he is requested to do so by the master.
(1) Whenever a vessel is wrecked, stranded or in distress as aforesaid, all persons may, for the purpose of rendering assistance to the vessel or of saving the lives of the shipwrecked persons, or of saving the cargo or equipment of the vessel, unless there is some public road equally convenient, pass and repass, either with or without vehicles or animals, over any adjoining lands without being subject to interruption by the owner or occupier, so that they do as little damage as possible and may also on the like condition, deposit on these lands any cargo or other article recovered from the ship.
(2) Any damage sustained by an owner or occupier in consequence of the exercise of the rights given by this section, shall be a charge on the vessel, cargo or articles in respect of or by which the damage is occasioned and the amount payable in respect of the damage shall, in case of dispu
Whenever a vessel is wrecked, stranded or in distress as aforesaid, and any person plunders, creates disorder or obstructs the preservation of the vessel or of the shipwrecked persons or of the cargo or equipment of the vessel, the receiver of wreck may take such steps and use such force as he may consider necessary for the suppression of any such plundering, disorder or obstruction, and may for that purpose command any person to assist him.
Any person finding and taking possession of any wreck within any local limits for which there is a receiver of wreck, or bringing within such limits any wreck which has been found and taken possession of elsewhere, shall, as soon as practicable—
(a) if he be the owner thereof, give the receiver of wreck notice in writing of the finding thereof and of the marks by which such wreck is distinguished;
(b) if he be not the owner of such wreck, deliver the same to the receiver of wreck.
Whenever any vessel is wrecked, stranded or in distress as aforesaid, the receiver of wreck within the local limits of whose jurisdiction the vessel is wrecked, stranded or in distress may conduct an investigation into all or any of the following matters, that is to say—
(a) the name and description of the vessel;
(b) the names of the master and of the owners;
(c) the names of the owners of the cargo;
(d) the ports from and to which the vessel was bound;
(e) the occasion of the wrecking, stranding, or distress of the vessel;
(f) the services rendered; and
The receiver of wreck shall, as soon as may be after taking possession of any wreck, publish a notification in such manner and at such place as the Central Government may, by general or special order, direct, containing a description of the wreck and the time at which and the place where it was found.
A receiver of wreck may at any time sell any wreck in his custody if, in his opinion,—
(a) it is under the value of five hundred rupees; or
(b) it is so much damaged or of so perishable a nature that it cannot with advantage be kept; or
(c) it is not of sufficient value for warehousing,
and the proceeds of the sale shall, after defraying the expenses thereof, be held by the receiver for the same purposes and subject to the same claims, rights and liabilities as if the wreck had remained unsold.
(1) The owner of any wreck in the possession of the receiver upon establishing his claim to the same to the satisfaction of the receiver within one year from the time at which the wreck came into the possession of the receiver shall, upon paying the salvage and other charges, be entitled to have the wreck or the proceeds thereof delivered to him.
(2) Where any articles belonging to or forming part of a vessel other than an Indian vessel which has been wrecked or belonging to and forming part of the cargo of such vessel, are found on or near the coasts of India or are brought into any port in India, the consular officer of the country in which the vessel is registered or, in the case of cargo, the country to which the owners of the cargo may have belonged shall, in the absence of the owner and of the master or other agent of the owner, be deemed to be the agent of the owner, with re
No person shall—
(a) without the leave of the master, board or attempt to board any vessel which is wrecked, stranded or in distress as aforesaid, unless the person is, or acts by command of, the receiver of wreck; or
(b) impede or hinder or attempt in any way to impede or hinder the saving of any vessel stranded or in danger of being stranded or otherwise in distress on or near the coasts of India or of any part of the cargo or equipment of the vessel, or of any wreck; or
(c) secrete any wreck or deface or obliterate any marks thereon; or
(d) wrongfully carry away or remove any part of a vessel stranded or in danger of being stranded or otherwise in distress, on or near the coasts of India, or any part of the
Where a receiver of wreck suspects or receives information that any wreck is secreted or is in the possession of some person who is not the owner thereof or that any wreck is otherwise improperly dealt with, he may apply to the nearest 1[Judicial Magistrate of the first class or Metropolitan Magistrate, as the case may be,] for a search warrant, and that 1[Judicial Magistrate of the first class or Metropolitan Magistrate, as the case may be,] shall have power to grant such warrant and the receiver of wreck by virtue thereof may enter any house or other place wherever situate and also any vessel and search for, seize and detain any such wreck there found.
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1. Subs. by Act 12 of 1983, sec. 17 and Sch., for “Magistrate” (w.e.f. 18-5-1983).
(1) Where services are rendered—
(a) wholly or in part within the territorial waters of India in saving life from any vessel, or elsewhere in saving life from a vessel registered in India; or
(b) in assisting a vessel or saving the cargo or equipment of a vessel which is wrecked, stranded or in distress at any place on or near the coasts of India; or
(c) by any person other than the receiver of wreck in saving any wreck,
there shall be payable to the salvor by the owner of the vessel, cargo, equipment or wreck, a reasonable sum for salvage having regard to all the circumstances of the case.
(2) Salvage in respect of the preservation of life when payable by the owner of the ve
Nothing in this Part shall—
(a) affect any treaty or arrangement with any foreign country to which India is a party with reference to the disposal of the proceeds of wrecks on their respective coasts; or
(b) affect the provisions of section 29 of the Indian Ports Act, 1908 (15 of 1908), or entitle any person to salvage in respect of any property recovered by creeping or sweeping in contravention of that section.
(1) The Central Government may make rules to carry out the purposes of this Part.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the procedure to be followed by a receiver of wreck in respect of the taking possession of wrecks and their disposal;
(b) the fees payable to receivers in respect of the work done by them;
(c) the procedure to be followed for dealing with claims relating to ownership of wrecks;
(d) the appointment of valuers in salvage cases;
(e) the principles to be followed in awarding the
This Part applies only to sea-going ships fitted with mechanical means of propulsion of not less than one hundred and fifty tons gross, but the Central Government may, by notification in the Official Gazette, fix any lower tonnage for the purposes of this Part.
(1) No Indian ship and no other ship chartered by a citizen of India or a company 1[or a co-operative society] shall be taken to sea from a port or place within or outside India except under a licence granted by the Director General under this section:
Provided that the Central Government, if it is of opinion that it is necessary or expedient in the public interest so to do, may, by notification in the Official Gazette, exempt any class of ships chartered by a citizen of India or a company 2[or a co-operative society] from the provisions of this sub-section.
(2) A licence granted under this section may be—
(a) a general licence;
(b) a licence for the whole or any part of the coasting trade of India; or
(1) No ship other than an Indian ship or a ship chartered by a citizen of India 1[or a company or a co-operative, society which satisfies the requirements specified in clause (b) or, as the case may be, clause (c) of section 21] shall engage in the coasting trade of India except under a licence granted by the Director General under this section.
(2) A licence granted under this section may be for a specified period or voyage and shall be subject to such conditions as may be specified by the Director General.
(3) The Central Government may, by general or special order, direct that the provisions of sub-section (1) shall not apply in respect of any part of the coasting trade of India or shall apply subject to such conditions and restrictions as may be specified in the order.
&nb
(1) The Director General may, at any time if the circumstances of the case so require, revoke or modify a licence granted under section 406 or section 407.
(2) No licence shall be revoked or modified under this section unless the person concerned has been given a reasonable opportunity of making a representation against such revocation or modification, as the case may be.
When a licence under section 406 or section 407 ceases to be valid, the person to whom it was granted shall, without unreasonable delay, return it or cause it to be returned to the Director General.
No customs collector shall grant a port clearance to a ship in respect of which a licence is required under this Part until after production by the owner, master or agent of such a licence.
The Director General may, if he is satisfied that in the public interest or in the interests of Indian shipping it is necessary so to do, give, by order in writing, such directions as he thinks fit—
(a) in the case of a ship which has been granted a licence under section 406, with respect to all or any of the following matters:—
(i) the ports or places, whether in or outside India, to which, and the routes by which, the ship shall proceed for any particular purpose;
(ii) the diversion of any ship from one route to another for any particular purpose;
(iii) the classes of passengers or cargo which may be carried in the ship;
(iv) the order
(1) If it appears to the Central Government—
(a) that measures have been taken by or under the law of any foreign country for regulating or controlling the terms or conditions upon which goods or passengers may be carried by sea, or the terms or conditions of contracts or arrangements relating to such carriage; and
(b) that such measures, in so far as they apply to things done or, to be done outside the territorial jurisdiction of that country by persons carrying on lawful business in India, constitute an infringement of the jurisdiction which belongs to India,
it may, by an order in writing, direct that this section shall apply to those measures either in whole or to such extent as may be specified in the order.
(2) Where an ord
[Rep. by the Merchant Shipping (Amendment) Act, 1993 (68 of 1993), sec. 6 (w.e.f. 27-10-1993).]
The Director General may, by notice, require—
(a) the owner, master or agent of any ship in respect of which a licence granted by the Director General under this Act is in force; or
(b) the owner, master or agent of any ship in respect of which any directions have been or may be given under clause (b) of section 411,
to furnish within the period specified in the notice information as to—
(i) the classes of passengers and cargo which the ship is about to carry or is capable of carrying or has carried during any specified period;
(ii) the rates of passenger fares and freight charges applicable to the ship;
(iii) a
(1) The Central Government may make rules for carrying out the purposes of this Part.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the form in which, the period or voyage for which, and the conditions subject to which licences under this Part may be granted, the particulars to be included therein and the fees payable therefor;
1[***]
(d) the matters regarding which information may be required to be furnished under section 413.
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1. Clauses (b) and (c) omitted by Act 68 of 1993, sec. 7 (w.r.e.f. 27-10-199
Save as otherwise provided, this Part applies to every sea-going sailing vessel owned by a citizen of India 1[or a company or a co-operative society which satisfies the requirements specified in clause (b) or, as the case may be, clause (c) of section 21].
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1. Subs. by Act 43 of 1981, sec. 9, for certain words (w.e.f. 28-9-1981).
If any question arises whether a vessel is a sailing vessel or not for the purposes of this Part, it shall be decided by the Director General and his decision thereon shall be final.
(1) Every sailing vessel 1[(other than a sailing vessel solely engaged in fishing for profit)] shall be registered in accordance with the provisions of this section.
(2) The owner of every sailing vessel shall make an application in the prescribed form to a registrar for the grant to him of a certificate of registry in respect of the vessel.
(3) The owner of every sailing vessel in respect of which an application under sub-section (2) is made, shall cause the tonnage of the vessel to be ascertained in the prescribed manner.
(4) The registrar may make such inquiry as he thinks fit with respect to the particulars contained in such application and shall enter in a register to be kept for the purpose (hereinafter referred to as sailing vessels register) the following particulars in respect of the
The owner of every sailing vessel so registered shall, before the vessel begins to take any cargo or passengers, paint or cause to be painted permanently in the prescribed manner on some conspicuous part of the sailing vessel, the name by which the vessel has been registered, the number assigned to the vessel by the registrar and the port to which she belongs, and shall take all steps to ensure that the vessel remains painted as required by this section.
A change shall not be made in the name of a sailing vessel registered under this Part except in accordance with the rules made in this behalf.
(1) The Central Government may make rules regulating the carriage of cargo or passengers in sailing vessels and the protection of life and property on board such vessels.
(2) In particular, and without prejudice to the generality of the foregoing power such rules may provide for all or any of the following matters, namely:—
(a) the assignment of free board to sailing vessels;
(b) the marking of such free board on such vessels and the maintenance of such markings;
(c) the survey of the space allotted to passengers on board such vessels;
(d) the scale and type of accommodation to be provided for each passenger.
(3) Any sail
(1) No sailing vessel shall ply or proceed to sea unless there is in force in respect of that vessel a certificate of inspection granted under this Part, the same being applicable to the voyage on which she is about to ply or proceed.
(2) A certificate of inspection in respect of a sailing vessel shall specify—
(a) the name and tonnage of the vessel;
(b) the names of the owner and tindal of the vessel;
(c) the maximum number of the crew and the maximum number of passengers which the vessel is fit to carry;
(d) the limits within which the vessel may be used for the purpose of trading and the terms and conditions subject to which she may be used for such trading;
&
(1) Where at any time subsequent to the issue of a certificate of inspection in respect of a sailing vessel, the Director General has reason to believe that the vessel is not fit to ply or proceed to sea, he may, after giving the owner an opportunity of making a representation, cancel such certificate.
(2) Where at any time subsequent to the issue of a certificate of inspection a sailing vessel has undergone material alteration or has met with accident or, where the certificate of inspection of a sailing vessel has been cancelled under sub-section (1) and an application is made for the re-issue of such certificate or for the grant of a fresh certificate, the registrar may, before re-issuing the certificate or issuing a fresh certificate, as the case may be, cause such vessel to be inspected; and if the authority inspecting the vessel reports that she is not fit to ply or proceed to
When a sailing vessel is so altered as not to correspond with the particulars relating to her entered in the certificate of registry, the owner of such vessel shall make a report of such alteration to the registrar of the port where the vessel is registered, and the registrar shall either cause the alteration to be registered, or direct that the vessel be registered anew, in accordance with such rules as may be made in this behalf.
The registry of a sailing vessel may be transferred from one port to another in India on the appplication of the owner or tindal of the vessel in accordance with such rules as may be made in this behalf.
If a sailing vessel is lost, destroyed or rendered permanently unfit for service, the owner of such vessel shall with the least practicable delay report the fact to the registrar of the port where the vessel is registered and also forward to him alongwith the report, the certificate of registry in respect of the vessel; and thereupon the registrar shall have the registry of the vessel closed.
No person shall transfer or acquire any sailing vessel registered under this Part or any interest therein without the previous approval of the Central Government; and any transaction effected in contravention of this section shall be void and unenforceable.
(1) Every mortgage of a sailing vessel or of any interest therein effected after the date on which this Part comes into force shall be registered with the registrar.
(2) Every mortgage of a sailing vessel or any interest therein effected before the date on which this Part comes into force shall, if subsisting on that date, be registered with the registrar within three months of that date.
(3) The registrar shall enter every such mortgage in the sailing vessels register in the order in which it is registered with him.
(4) If there are more mortgages than one recorded in respect of the same sailing vessel or interest therein, the mortgages shall, notwithstanding any express, implied or constructive notice, have priority according to the date on which each mortgage is registered with the registra
(1) No person shall use or attempt to use the certificate of registry or the certificate of inspection granted in respect of a sailing vessel for any purpose other than the lawful navigation of the vessel.
(2) No person shall use or attempt to use for the navigation of a sailing vessel a certificate of registry or a certificate of inspection not granted in respect of that vessel.
(3) No person who has in his possession or under his control the certificate of registry or the certificate of inspection of a sailing vessel shall refuse or omit without reasonable cause to deliver such certificate on demand to the owner of the vessel.
(1) Every owner or tindal of a sailing vessel shall maintain or cause to be maintained in the prescribed form a statement of the crew of the vessel containing with respect to each member thereof—
(a) his name;
(b) the wages payable to him;
(c) the names and addresses of his next-of-kin;
(d) the date of commencement of his employment; and
(e) such other particulars as may be prescribed.
(2) Every change in the crew of the vessel shall be entered in the statement under sub-section (1).
(3) A copy of such statement and of every change entered therein shall be communicate
(1) If any owner or tindal of a sailing vessel in the course of her voyage, has jettisoned or claims to have jettisoned the whole or any part of the cargo of the vessel on account of abnormal weather conditions or for any other reason, he shall immediately after arrival of the vessel at any port in India give notice of such jettisoning to the proper officer at such port; and such notice shall contain full particulars of the cargo jettisoned and the circumstances under which such jettisoning took place.
(2) When any such officer receives notice under sub-section (1) or has reason to believe that the cargo of any sailing vessel in his port has been jettisoned, he shall forthwith report in writing to the Central Government the information he has received and may proceed to make an inquiry into the matter.
(1) A sailing vessel not owned by a citizen of India 1[or a company or a co-operative society which satisfies the requirements specified in clause (b) or, as the case may be, clause (c) of section 21,] shall not engage in the coasting trade of India without the written permission of the Director General.
(2) The Director General may, when granting such permission, impose such terms and conditions as he thinks fit and may require the owner or other person in charge of the vessel to deposit with him such amount as he thinks necessary for the due fulfilment of such terms and conditions.
(3) No customs collector shall grant a port clearance to a sailing vessel not registered under this Part which engages or attempts to engage in the coasting trade of India until after the production by the owner or person in charge thereof of the written per
(1) If any sailing vessel registered in any country outside India arrives in or proceeds from a port or place in India in an overloaded condition, the person in charge of the vessel shall be guilty of an offence under this section.
(2) A sailing vessel shall be deemed to be in an overloaded condition for the purposes, of this section—
(a) where the vessel is loaded beyond the limit specified in any certificate issued in the country in which she is registered; or
(b) in case no such certificate has been issued in respect of the vessel, where the actual free board of the vessel is less than the free board which would have been assigned to her had she been registered under this Part.
(3) Any sailing vessel which is in an overloaded
Where a proceeding is instituted in any court in respect of any dispute between the owner of a sailing vessel and the tindal arising out of or incidental to their relation as such, or is instituted for the purpose of this section, the court, if having regard to all the circumstances of the case it thinks it just to do so, may rescind any contract between the owner and the tindal upon such terms as the court may think just and this power shall be in addition to any other jurisdiction which the court can exercise independently of this section.
The Central Government may, by notification in the Official Gazette, direct that any provisions of this Act other than those contained in this Part which do not expressly apply to sailing vessels shall also apply to sailing vessels subject to such conditions, exceptions and modifications as may be specified in the notification.
(1) Subject to the other provisions of this section and the scheme framed under sub-section (3), the owner of every sailing vessel shall take and keep in force, in accordance with the provisions of the said scheme, a policy of insurance whereby all the members of the crew of such vessel are insured against death or personal injury caused by accident in the course of employment as such members.
(2) It shall be the responsibility of the owner of every sailing vessel, to bear the expenses incidental to the taking of the policy of insurance referred to in sub-section (1) and to pay the premiums for keeping it in force:
Provided that the maximum amount which the owner of the sailing vessel shall be liable to pay by way of premiums per year shall not exceed—
(a) where the number of members
(1) No sailing vessel shall ply or proceed to sea unless there is in force in respect of the members of the crew of the vessel a policy of insurance complying with the requirements of section 434A and the scheme framed thereunder.
(2) No Customs Collector shall grant a port clearance to a sailing vessel until after production by the owner of such a policy of insurance.]
(1) The Central Government may make rules to carry out the purposes of this Part.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the form in which applications for certificates of registry shall be made and the particulars which such applications should contain;
(b) the manner in which the tonnage of sailing vessels shall be ascertained;
(c) the manner in which free board is to be assigned to sailing vessels and the free board markings are to be made;
(d) the form in which certificates of registry and certificates of inspection may be issued;
&nb
Save as otherwise provided, this Part applies to every Indian fishing boat.
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* Section 435A ins. by Act 12 of 1983, sec. 15 (w.e.f. 18-5-1983).
For the purposes of this Part, “Indian fishing boat” means—
(a) every fishing vessel, as defined in clause (12) of section 3;
(b) every sailing vessel, whether or not fitted with mechanical means of propulsion, solely engaged in fishing for profit;
(c) every boat or craft of any other type used solely for fishing which the Central Government may, by notification in the Official Gazette, specify to be a fishing boat for the purposes of this section,
which is owned wholly by persons to each of whom any of the descriptions specified in clause (a) or in clause (b) or in clause (c), as the case may be, of section 21 applies or which satisfies such other requirements as the Central Government may, by notification in the Offic
Every Indian fishing boat shall be registered under this Part:
Provided that any Indian fishing boat registered at the commencement of this Part under Part V or Part XV of this Act or any other law for the time being in force in India shall be deemed to have been registered under this Part:
Provided further that every Indian fishing boat so deemed to have been registered shall be re-registered under this Part within such period from the commencement of this Part as the Central Government may, by notification in the Official Gazette, specify:
Provided also that registration of non-mechanised sailing vessels will commence in different ports on such dates as the Central Government may, by notification in the Official Gazette, specify.
(1) The ports at which registration of Indian fishing boats shall be made shall be such ports or places in India as the Central Government may, by notification in the Official Gazette, declare to be ports or places of registry under this Part.
(2) The port or place at which an Indian fishing boat is registered for the time being under this Part, shall be deemed to be her port or place of registry and the port or place to which she belongs.
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* Section 435D ins. by Act 12 of 1983, sec. 15 (w.e.f. 18-5-1983).
The Central Government may, by notification in the Official Gazette, appoint an officer to be registrar of Indian fishing boats (hereafter in this Part referred to as registrar) at every port or place declared as a port or place of registry under sub-section (1) of section 435D.
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* Section 435E ins. by Act 12 of 1983, sec. 15 (w.e.f. 18-5-1983).
An application for the registry of an Indian fishing boat shall be made—
(a) in the case of an individual, by the person requiring to be registered as owner or by his agent;
(b) in the case of more than one individual requiring to be so registered, by one or more of the persons so requiring or by his or their agent or agents, as the case may be; and
(c) in the case of a company or a co-operative society requiring to be so registered, by its agents,
and the authority of the agent shall be testified in writing, if appointed by an individual under the hand of the person appointing him and, if appointed by a company or a co-operative society under its common seal.
&nbs
(1) The owner of every Indian fishing boat required to be registered under this Part shall make an application in the prescribed form to the registrar for the grant to him of a certificate of registry in respect of the fishing boat.
(2) The owner of every Indian fishing boat in respect of which an application under sub-section (1) is made, shall cause the tonnage of the fishing boat to be ascertained in the prescribed manner.
(3) The registrar may make such inquiry as he thinks fit with respect to the particulars contained in such application and shall enter in a register to be kept for the purpose (hereinafter referred to as fishing boats register) the following particulars in respect of the Indian fishing boat, namely:—
(a) the name of the fishing boat, the place where she was buil
The owner of every Indian fishing boat so registered shall, before commissioning the fishing boat into service, paint or cause to be painted permanently in the prescribed manner on some conspicuous part of the fishing boat, the name by which the fishing boat has been registered, the number assigned to the fishing boat by the registrar and the port or place to which she belongs, and shall take all steps to ensure that the fishing boat remains painted as required by this section.
A change shall not be made in the name of an Indian fishing boat registered under this Part except in accordance with rules made in this behalf.
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* Section 435-I ins. by Act 12 of 1983, sec. 15 (w.e.f. 18-5-1983).
Every Indian fishing boat registered under this Part shall carry on board such life saving appliances and fire appliances as are prescribed by rules made under sections 288, 289 and 457 or under any other provision of this Act, subject to such exemptions as may be specially granted in respect of such fishing boat.
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* Section 435J ins. by Act 12 of 1983, sec. 15 (w.e.f. 18-5-1983).
(1) No Indian fishing boat shall ply or proceed to sea unless there is in respect of that fishing boat a certificate of inspection granted under this Part.
(2) A certificate of inspection in respect of an Indian fishing boat shall specify—
(a) the name and tonnage of the fishing boat;
(b) the name of skipper, tindal or other person in charge of the fishing boat;
(c) the maximum number of members of crew the fishing boat is certified to carry;
(d) the safety equipments and appliances the fishing boat is required to carry on board;
(e) such other matters as the Central Government may think fit to specify,
(1) Where at any time subsequent to the issue of a certificate of inspection in respect of an Indian fishing boat, the registrar has reason to believe that the fishing boat is not fit to proceed to sea, he may, after giving the owner an opportunity of making a representation, cancel such certificate.
(2) Where at any time subsequent to the issue of a certificate of inspection an Indian fishing boat has undergone material alteration or has met with accident or, where the certificate of inspection has been cancelled under sub-section (1) and the application is made for the re-issue of such certificate or for the grant of a fresh certificate, the registrar may, before re-issuing the certificate or issuing a fresh certificate, as the case may be, cause such fishing boat to be inspected; and if the authority inspecting the fishing boat reports that she is not fit to proceed to sea or th
(1) Any surveyor appointed under section 9, any registrar appointed under section 435E or any other officer appointed by the Central Government in this behalf by notification in the Official Gazette may at any reasonable time inspect any Indian fishing boat for the purpose of seeing that she is properly provided with safety equipments and appliances in conformity with the rules referred to in section 435J.
(2) If the surveyor, or, as the case may be, the registrar or other officer appointed under sub-section (1) finds that the Indian fishing boat is not provided with the aforesaid equipments and appliances, he shall give to the owner, skipper or tindal or any other person in-charge of the fishing boat a notice in writing pointing out the deficiency and also what in his opinion is requisite to remedy the said deficiency.
(3) No Indian fis
When an Indian fishing boat is so altered as not to correspond with the particulars relating to her entered in the certificate of registry, the owner of such fishing boat shall make a report of such alterations to the registrar of the port or place where the fishing boat is registered, and the registrar shall either cause the alterations to be registered, or direct that the fishing boat may be registered anew, in accordance with such rules as may be made in this behalf.
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* Section 435N ins. by Act 12 of 1983, sec. 15 (w.e.f. 18-5-1983).
The registry of an Indian fishing boat may be transferred from one port or place to another port or place in India on the application of the owner of the fishing boat, in accordance with such rules as may be made in this behalf.
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* Section 435-O ins. by Act 12 of 1983, sec. 15 (w.e.f. 18-5-1983).
If an Indian fishing boat is lost, destroyed or rendered permanently unfit for service, the owner of such fishing boat shall, with the least possible delay, report the fact to the registrar of the port or place where the fishing boat is registered and also forward to him certificate of registry in respect of the fishing boat; and thereupon the registrar shall have the registry of the fishing boat closed.
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* Section 435P ins. by Act 12 of 1983, sec. 15 (w.e.f. 18-5-1983).
No person shall transfer or acquire any Indian fishing boat registered under this Part or any interest therein without the previous approval of the Central Government; and any transaction effected in contravention of this section shall be void and unenforceable.
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* Section 435Q ins. by Act 12 of 1983, sec. 15 (w.e.f. 18-5-1983).
(1) Every mortgage of an Indian fishing boat or any interest therein effected after the date on which this Part comes into force shall be registered with the registrar.
(2) Every mortgage of an Indian fishing boat or any interest therein effected before the date on which this Part comes into force shall, if subsisting on that date, be registered with the registrar within three months from that date.
(3) The registrar shall enter every such mortgage in the fishing boats register in the order in which it is registered with him.
(4) If there are more mortgages than one recorded in respect of the same Indian fishing boat or interest therein, the mortgages shall, notwithstanding any express, implied or constructive notice, have priority according to the date on which each mortgage is registered wit
(1) No person shall use or attempt to use the certificate of registry or the certificate of inspection granted in respect of an Indian fishing boat for any purpose other than the lawful operation of that fishing boat.
(2) No person shall use or attempt to use for the operation of an Indian fishing boat, a certificate of registry or a certificate of inspection not granted in respect of that fishing boat.
(3) No person who has in his possession or under his control the certificate of registry or the certificate of inspection of an Indian fishing boat shall refuse or omit without reasonable cause to deliver such certificate on demand to the owner of the fishing boat.
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* Section 435S ins. by Act 1
(1) Every owner, skipper, tindal or other person in charge of a mechanised Indian fishing boat of 25 registered tons and above shall maintain or cause to be maintained in the prescribed form a statement of the crew of the fishing boat containing the following particulars with respect to the each member thereof, namely:—
(a) his name;
(b) the wages payable to him;
(c) the names and addresses of his next-of-kin;
(d) the date of commencement of his employment; and
(e) such other particulars as may be prescribed:
Provided that the Central Government may, if it is of opinion that it is necessary or expedient so to do
(1) The Central Government may make rules to carry out the provisions of this Part.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the form in which applications for certificates of registry shall be made and the particulars which such applications should contain;
(b) the manner in which tonnage of an Indian fishing boat shall be ascertained;
(c) the form in which fishing boats register shall be maintained;
(d) the forms in which certificates of registry and certificates of inspection may be issued;
(e)
The Central Government may, by notification in the Official Gazette direct that any provisions of this Act other than those contained in this Part which do not expressly apply to Indian fishing boats shall also apply to Indian fishing boats subject to such conditions, exceptions and modifications as may be specified in the notification.
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* Section 435V ins. by Act 12 of 1983, sec. 15 (w.e.f. 18-5-1983).
The Central Government may, by notification in the Official Gazette, require every Indian fishing boat or any specified class of Indian fishing boats to furnish such fishery data to the registrar in such form and at such periodical intervals as may be specified in that notification.
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* Section 435W ins. by Act 12 of 1983, sec. 15 (w.e.f. 18-5-1983).
Notwithstanding anything contained in this Part, the Central Government may, by order in writing, and upon such conditions as it may think fit to impose, exempt any Indian fishing boat or class of Indian fishing boats or skipper, tindal or member of crew of such fishing boat or class of fishing boats from any specified requirement contained in or prescribed by any rules made in pursuance of any provision of this Part or from any other requirement of this Act extended to Indian fishing boats or to personnel employed on Indian fishing boats by a notification issued under section 435V, if it is satisfied that the requirement is substantially complied with or the compliance with the requirement may be impracticable or unreasonable in the circumstances attending the case.]
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* Section 43
Penalties
(1)Any person who contravenes any provision of this Act or fails to comply with anyprovision thereof which it was his duty to comply with, shall be guilty of anoffence1 and if in respect of any such offence no penalty isspecially provided in sub-section (2), he shall be punishable with fine whichmay extend to two hundred rupees.
(2)The offences mentioned in the second column of the following table shall bepunishable to the extent mentioned in the fourth column of the same withreference to such offences respectively.
Serial No.
Offences Sections of this Act to which offence has reference Penalties
1.
&nbs
Any person committing any offence under this Act or any rule or regulation thereunder may be tried for the offence in any place in which he may be found or which the Central Government may, by notification in the Official Gazette, direct in this behalf, or in any other place in which he might be tried under any other law for the time being in force.
The penalties to which masters and owners of 1[special trade passenger] and pilgrim ships are made liable by section 436 shall be enforced only on information laid at the instance of the certifying officer, or, at any port or place where there is no such officer at the instance of such other officer as the Central Government may specify in this behalf.
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1. Subs. by Act 69 of 1976, sec. 2, for “unberthed passenger” (w.e.f. 1-12-1976).
No court inferior to that of a 1[Metropolitan Magistrate or a Judicial Magistrate of the first class] shall try any offence under this Act or any rule or regulation thereunder.
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1. Subs. by Act 12 of 1983, sec. 17 and Sch., for “Presidency Magistrate or a Magistrate of the first class” (w.e.f. 18-5-1983).
Notwithstanding anything contained in 1[section 29 of the Code of Criminal Procedure, 1973 (2 of 1974),] it shall be lawful for a 2[Metropolitan Magistrate or a Judicial Magistrate of the first class] to pass any sentence authorised by or under this Act on any person convicted of an offence under this Act or any rule or regulation thereunder.
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1. Subs. by Act 12 of 1983, sec. 17 and Sch., for “section 32 of the Code of Criminal Procedure, 1898 (5 of 1898)” (w.e.f. 18-5-1983).
2. Subs. by Act 12 of 1983, sec. 17 and Sch., for “Presidency Magistrate or a Magistrate of the first class” (w.e.f. 18-5-1983).
(1) If the person committing an offence under this Act is a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1) where an offence under this Act has been committed by a company, and it is proved that the offence was committed with the consent or connivance of, or is attri
(1) Whenever, in the course of any legal proceeding under this Act instituted at any place in India before any 1[court or Judicial Magistrate of the first class or Metropolitan Magistrate] or before any person authorised by law or by consent of parties to receive evidence, the testimony of any witness is required in relation to the subject-matter, and the defendant or the person accused (as the case may be), after being allowed a reasonable opportunity for so doing, does not produce the witness before the 2[court or Judicial Magistrate of the first class or Metropolitan Magistrate] or person so authorised, any deposition previously made by the witness in relation to the same subject-matter before any court 3[or justice or Judicial Magistrate of the first class or Metropolitan Magistrate] in any other place in India or, if elsewhere before a Marine Board or before any Indian consular officer, shall be admissible in evidence—
(1) Whenever any damage has in any part of the world been caused to property belonging to the Government or to any citizen of India or a company by a ship other than an Indian ship and at any time thereafter that ship is found within Indian jurisdiction, the High Court may, upon the application of any person who alleges that the damage was caused by the misconduct or want of skill of the master or any member of the crew of the ship, issue an order directed to any proper officer or other officer named in the order requiring him to detain the ship until such time as the owner, master or consignee thereof has satisfied any claim in respect of the damage or has given security to the satisfaction of the High Court to pay all costs and damages that may be awarded in any legal proceedings that may be instituted in respect of the damage, and any officer to whom the order is directed shall detain the ship accordingly.
&
(1) Where under this Act a ship is authorised or ordered to be detained, any commissioned officer of the Indian Navy or any port officer, pilot, harbour master. Conservator of Port or Customs Collector may detain the ship.
(2) If any ship after detention, or after service on the master of any notice of, or order for, such detention proceeds to sea before she is released by competent authority, the master of the ship shall be guilty of an offence under this sub-section.
(3) When a ship so proceeding to sea takes to sea, when on board thereof in the execution of his duty any person authorised under this Act to detain or survey the ship, the owner, master or agent of such ship shall each be liable to pay all expenses of, and incidental to, such person being so taken to sea and shall also be guilty of an offence under this sub-section.
&n
(1) When an order under this Act for the payment of any wages or other sums of money is made by a 1[court or Judicial Magistrate of the first class or Metropolitan Magistrate] or other officer or authority, and the money is not paid at the time or in the manner directed, the sum mentioned in the order with such further sum as may be thereby awarded for costs, may be levied by distress and sale of the movable property of the person directed to pay the same under a warrant to be issued for that purpose by 2[such a Magistrate].
(2) Where any 3[court or Judicial Magistrate of the first class or Metropolitan Magistrate or other officer] or authority has power under this Act, to make an order directing payment to be made of any seaman’s wages, fines or other sums of money, then if the person so directed to pay the same is the master, owner or agent of a ship and the same is not paid at t
If any ship other than an Indian ship is detained under this Act, or if any proceedmgs are taken under this Act against the master, owner or agent of any such ship, notice shall forthwith be served on the consular officer of the country in which the ship is registered, at or nearest to the port where the ship is for the time being, and such notice shall specify the grounds on which the ship has been detained or the proceedings have been taken.
1[A Judicial Magistrate of the first class or a Metropolitan Magistrate, as the case may be,] imposing a fine under this Act may, if he thinks fit, direct the whole or any part thereof to be applied in compensating any person for any detriment which he may have sustained, by the act or default in respect of which the fine is imposed or in or towards payment of the expenses of the prosecution.
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1. Subs. by Act 12 of 1983, sec. 17 and Sch., for “A Magistrate” (w.e.f. 18-5-1983).
Where, for the purposes of this Act, any document is to be served on any person, that document may be served—
(a) in any case by delivering a copy thereof personally to the person to be served, or by leaving the same at his last place of abode, or by post; and
(b) if the document is to be served on the master of a ship, where there is one, or on a person belonging to a ship, by leaving the same for him on board that ship, with the person being or appearing to be in command or charge of the ship; and
(c) if the document is to be served on the master of a ship where there is no master and the ship is in India, on the owner of the ship, or if such owner is not in India, on some agent of the owner residing in India, or, where no such agent is known or can be found, by
The Central Governinent may appoint persons for the purpose of examining the qualifications of persons desirous of practising the profession of a ship surveyor at any port in India and may make rules—
(a) for the conduct of such examinations and qualifications to be required;
(b) for the grant of certificates to qualified persons;
(c) for the fees to be paid for such examinations and certificates;
(d) for holding inquiries into charges of incompetency and misconduct on the part of holders of such certificates; and
(e) for the cancellation and suspension of such certificates.
No person shall in any port in which there is a person exercising the profession of a ship surveyor and holding a certificate granted under section 449 exercise such profession in such port unless he holds a certificate granted under that section:
Provided that nothing herein contained shall prevent any person employed exclusively by Lloyd’s Register of Shipping or Bureau Veritas or any other classification society specified by the Central Government in the Official Gazette in this behalf from discharging any of the duties of such employment or apply to any person specially exempted by the Central Government from the operation of this section.
Any person holding a certificate granted under section 449 and exercising the profession of a ship surveyor at any port in India may in the execution of his duties go on board a ship and inspect the same and every part thereof and the machinery, equipment and cargo and may require the unloading or removal of any cargo, ballast or tackle.
(1) If any person dies on board a foreign-going Indian ship, the proper officer at the port where the crew of the ship is discharged, or the proper officer at any earlier port of call in India, shall, on the arrival of the ship at that port, inquire into the cause of death and shall make in the official log book an endorsement to the effect, either that the statement of the cause of death in the book is in his opinion true, or the contrary according to the result of the inquiry.
(2) If, in the course of any such inquiry, it appears to the proper officer that a death has been caused on board the ship by violence or other improper means, he shall either report the matter to the Director General or, if the emergency of the case so requires, shall take immediate steps for bringing the offender to trial.
The following persons shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, namely:—
(a) every surveyor;
(b) every Judge, assessor or other person acting under Part XII;
(c) every person appointed under this Act to report information as to shipping casualties;
(d) every person authorised under this Act to make any investigation or inquiry under Part X and all persons whom he calls to his aid;
(e) every person directed to make an investigation into an explosion or fire on a ship under section 388;
(f) every other officer or person appointed under this Act to p
(1) Every Judge, assessor, officer or other person who is empowered by this Act to make an investigation or inquiry or to board, survey, inspect or detain a ship—
(a) may go on board any ship and inspect the same or any part thereof, or any of the machinery, equipment or articles on board thereof, or any certificates of the master or other officer to which the provisions of this Act or any of the rules or regulations thereunder apply, not unnecessarily detaining or delaying the ship from proceeding on any voyage, and if in consequence of any incident to the ship or for any other reason it is considered necessary so to do, may require the ship to be taken into dock for the purpose of inspection or survey;
(b) may enter and inspect any premises, the entry and inspection of which appears to be requisite for the purpose a
Where this Act requires that a particular fitting, material, appliances or apparatus or any type thereof shall be fitted or provided for in a ship or that any particular provision shall be made in a ship, the Central Government after satisfying itself by trials or otherwise that any other fitting, material, appliance or apparatus or type thereof or provision is as effective as that so required, may permit, by general or special order, such other fitting, material, appliance or apparatus or type thereof or provision to be used or provided.]
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1. Ins. by Act 21 of 1966, sec. 36 (w.e.f. 20-5-1966).
(1) This Act shall not, except where specially provided, apply to ships belonging to any foreign prince or State and employed otherwise than for profit in the public service of the foreign prince or State.
(2) The Central Government may, by notification in the Official Gazette, direct that the provisions of this Act or any of them shall not apply to ships belonging to the Government or to any class of such ships.
(1) Notwithstanding anything contained in this Act, the Central Government may, by order in writing and upon such conditions, if any, as it may think fit to impose, exempt any ship or sailing vessel or any master, tindal or seaman from any specified requirement contained in or prescribed in pursuance of this Act or dispense with the observance of any such requirement in the case of any ship or sailing vessel or any master, tindal or seaman, if it is satisfied that requirement has been substantially complied with or that compliance with the requirement is or ought to be dispensed with in the circumstances of the case:
1[Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.]
(2) Where an exemption is granted under sub-section (1) subject to any conditions, a breach of any of those
Without prejudice to any power to make rules contained elsewhere in this Act, the Central Government may make rules generally to carry out the purposes of this Act.
(1) All rules and regulations made under this Act shall be published in the Official Gazette.
(2) In making a rule or regulation under this Act, the Central Government may direct that a breach thereof shall be punishable—
(a) in the case of a rule made under 1[section 331 or section 344-I] with imprisonment which may extend to two years, or with fine which may extend to ten thousand rupees, or with both;
(b) in the case of any other rule or regulation made under any other provision of this Act, with fine which may extend to one thousand rupees,
and in either case if the breach is a continuing one, with further fine which may extend to fifty rupees for every day after the first during which the breach continues.
&nb
(1) The Central Government may, if it thinks fit, constitute one or more committees consisting of such number of persons as it may appoint thereto representing the interests principally affected or having special knowledge of the subject-matter, for the purpose of advising it when considering the making or alteration of any rules, regulations or scales of fees under this Act or for any other purpose connected with this Act.
(2) There shall be paid to the members of any such committee such travelling and other allowances as the Central Government may fix.
(3) Committees may be constituted under this section to advise the Central Government either generally as regards any rules, regulations or scales of fees or as regards any class or classes of rules, regulations or scales of fees in particular or for any other purpose connected with this
No suit or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.
(1) If any difficulty arises in giving effect to the provisions of this Act, in so far as they relate to the Safety Convention or to the Load Line Convention or to the Convention referred to in clause (a) of section 356B, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty and giving effect to the provisions of such Convention:
Provided that no order shall be made under this section after the expiry of three years from the date of publication of the Merchant Shipping (Amendment) Act, 1970 (25 of 1970), in the Official Gazette.
(2) Every order made under this section shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a to
(1) The enactments specified in Part I of the Schedule are hereby repealed to the extent specified in the fourth column thereof.
(2) The enactments specified in Part II of the Schedule, in so far as they extend to and operate as part of the law of India, are hereby repealed.
(3) Notwithstanding the repeal of any enactment by sub-section (1) or sub-section (2),—
(a) any notification, rule, regulation, bye-law, order or exemption issued, made or granted under any enactment hereby repealed shall, until revoked, have effect as if it had been issued, made or granted under the corresponding provisions of this Act;
(b) any officer appointed and any body elected or constituted under any enactment hereby repealed shall continue and shall
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