Professional Documents
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TOP PRIORITY
/ GOVERNMENT OF INDIA
/ MINISTRY OF SHIPPING
/ DIRECTORATE GENERAL OF SHIPPING
: 91-22-25752040/1/2/3 !" , 9 ! / BETA BUILDING, 9th FLOOR Tele: 91-22-25752040/1/2/3
(: 022-25752029/35
-: dgship-dgs@nic.in
/ () / KANJUR MARG(EAST)
: www.dgshipping.gov.in
F. No. SL-MSA-2(1)/2015
Fax:022-25752029/35
E-mail: dgship-dgs@nic.in
Web: www.dgshipping.gov.in
Dated: 02.09.2015
Clause
no.
(1)
(2)
Comments/suggestions Cogent
/input/feedback
justification for the
same
(3)
(4)
Consequential new
formulation, if any
(5)
amohd-dgs@nic.in
msl-dgs@nic.in
(Ash Mohomad)
Assistant Director General of Shipping (MSL)
Encl.: As above.
TABLE OF CONTENT
Part
No.
I
NAME OF PARTS
Page No.
PRELIMINARY
1-14
II
GENERAL ADMINISTRATION
15-20
III
20-33
IV
33-37
SEAFARERS
37-71
VI
71-79
VII
79-84
85-87
IX
87-109
110-112
XI
113-124
XII
124-127
XIII
XIV
131-155
XV
MISCELLANEOUS
156-160
XVI
160-161
VIII
127-131
Annexure-I
An Act to foster the development of maritime industry; to simplify the
process and increase ease of doing business in India, to amend the archaic
provisions and bring the Act more in line with the current industry needs;
to ensure compliance of the countrys obligations to all International
Instruments to which India is a party, to ensure the efficient maintenance of
an Indian mercantile marine in a manner best suited to serve the national
interests, and, generally to amend and consolidate the law relating to
merchant shipping.
Be it enacted by Parliament in the __________ Year of the Republic of India
as follows;
PART I
PRELIMINARY
1.
Short Title and Commencement. (1) This Bill may be called the Merchant
Shipping Bill, 2015.
(1)It shall come into force on such date as the Central Government, may, by
notification in the official Gazette appoint and different dates may be
appointed for different provisions of this Act.
2.
Application of this Act 1. Unless otherwise expressly provided, the provisions of this Act shall
apply to :
i) any vessel which is registered in India; or
ii) any vessel which is required by this Act to be so registered,
wherever the vessel may be.
2.
3.
3.
Definitions.- In this Act, unless the context otherwise requires,
1. 1969 Liability Convention means the International Convention on
Civil Liability for Oil Pollution Damage, 1969 and its Protocol.
2. 1992 Liability Convention means the International Convention on
Civil Liability for Oil Pollution Damage, 1992, as amended time to
time.
1
3.
4.
5.
6.
7.
8.
below:
(a) Crude Oil means any liquid hydrocarbon mixture occurring
naturally in the earth whether or not treated to render it suitable for
transportation. It also includes crude oils from which certain distillate
fractions have been removed (sometimes referred to as topped
crudes) or to which certain distillate fractions have been added
(sometimes referred to as spiked or reconstituted crudes).
(b) 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 Four Fuel Oil
(Designation D 396-69), or heavier.
16. Convention means any International treaties to which India is a
party.
17. Convention Area for the purposes of PART XI shall mean the
zones as defined under the Territorial Water, Continental Shelf,
Exclusive Economic Zones and other Maritime Zones of India Act,
1976.
18. Convention Certificate means a certificate required to be issued
under the provisions of any International Convention to which India
is a party.
19. country to which the Load Line Convention applies means,(a) a country the Government of which has been declared under
section _____ to have accepted the Load Line Convention and has not
been so declared to have denounced that Convention;
(b) a country to which it has been so declared that the Load Line
Convention has been applied under the provisions of Act thereof,
not being a country to which it has been so declared that Convention
has ceased to apply under the provisions of that article;
20. country to which the Safety Convention applies means,(a) a country the Government of which has been declared under
section_____ to have accepted the Safety Convention and has not
been so declared to have denounced that Convention;
(b) a territory to which it has been so declared that the Safety
Convention extends, not being a territory to which it has been so
declared that that Convention has ceased to extend;
21. Court, in relation to any proceedings, includes any court having
jurisdiction in the matter to which the proceedings relate;
22. Chief Examiner means the Nautical Adviser to the Government of
India for Master and Deck Department personnel or the Chief
Surveyor with the Government of India for Engine Department
3
44. Indian Consular Officer means the Consul- General, Consul, ViceConsul, Consular Agent and pro consul appointed as such by the
Central Government and includes any person authorized by the
Central Government to perform the functions of any of the above;
45. Indian controlled tonnage vessel means a vessel as referred to in sub
section (2) of section 5.
46. Indian ships or Indian vessel - a ship or a vessel shall be an Indian
ship or Indian vessel, if owned wholly by;
(a) a citizen of India; or
(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.
47. International voyage means a voyage from or to a port or place in
India to or from a port or place outside India or between any ports
outside India;
48. Intervention Convention means the International Convention relating
to Intervention on the High Seas in case of oil Pollution Casualties,
1969, as amended from time to time.
49. LLMC Convention means the Convention on Limitation of
Liability for Maritime Claims, 1976 as amended from time to time;
50. load line certificate means the certificate issued under section 101.
51. Load Line Convention means the International Convention on
Load Lines signed in London on the 5th day of April, 1966, and its
Protocols, as amended from time to time;
52. Maritime Casualty for the purposes of the Intervention
Convention under Part VII, and PART XI shall mean a collision of
ships, stranding or other incidents of navigation or other occurance
6
operator of the ship for the purposes of PART XI means the owner
of the ship or any other organization or person including the
manager or the bareboat charterer who has assumed the
responsibility for operation of the ship from the owner of the ship
7
65. passenger means any person carried on board a ship except(a) a person employed or engaged in any capacity on board the ship
on the business of the ship;
(b) a person on board the ship either in pursuance of the obligations
laid upon the master to carry shipwrecked, distressed or other
persons or by reason of any circumstances which neither the master
nor the charterer, if any, could have prevented or forestalled;
(c) a child under one year of age;
(d). the family of master and seafarer employed or engaged in any
capacity on board the ship on the business of the ship
66. Passenger Ship means a ship carrying more than twelve passengers;
67. Payment for the purposes of PART XI means any reward,
remuneration or compensation due under the Salvage Convention;
68. Person for the purposes of the 1969 Liability Convention, Bunker
Convention, 1992 Liability Convention means any individual or
partnership or any public or private body, whether corporate or not,
including a State or any of its constituent subdivisions.
69. Pollution damage for the purposes of the 1969 Convention means:
(a) loss or damage caused outside the ship by contamination
8
88.
11
103. ship means any craft, self propelled or not, with or without any water
displacement, used or fit to be used as a means of navigation, in,
above or under the water, including the installations not permanently
attached to the shore or to the soil, but does not include sailing vessel
and fishing vessel
104.
"ship owner", for the purposes of the Bunker Convention means
the owner including the registered owner, bareboat charterer,
manager and operator of the ship;
105. shipping master means the shipping master referred to in sub
section 11 of section 4 but in relation to any seafarer for the purposes
of section 78 means a shipping master appointed,(i) for the port at which the seaman entered into, or is
believed to have entered into, an agreement, or;
12
(ii) where the seaman did not enter into his agreement in India, for
the port to which the seaman has returned, or is expected to return,
on the completion of his latest voyage;
106. shipping office means the shipping office referred to in section 11
107. special personnel means all persons who are not passengers or
members of the crew and who are carried onboard in connection
with the special purpose of that vessel or because of special work
being carried out by them aboard that vessel.
108. Special trade means the conveyance of large number of passengers
by sea within prescribed sea areas;
109. Special trade passenger means a passenger carried in special trade
passenger ship in spaces on the weather deck or upper deck or
between decks which accommodate more than eight passengers.
110. special trade passenger ship means a mechanically propelled ship
carrying more than thirty special trade passengers;]
111. STCW Convention means the International Convention on Standards
of Training, Certification and watch-keeping for Seafarers, 1978,
signed at London on the 7th day of July, 1978, as amended from time
to time.
112. Supernumerary means any person onboard a vessel, who is not a
seafarer or person employed or engaged in any capacity on board
that vessel, or passenger, or special personnel on that vessel.
113. Surveyor means a person appointed under sub section 8 of section 4
of the Act;
114. Tanker means a ship constructed or adapted primarily to carry
Liquid or gas in bulk in its cargo space and includes combination
carriers and any other type of ship or tanker when it is carrying a
cargo or part cargo of liquid or gas in bulk;
115. Terminal installation for the purposes of the 1992 Liability
Convention means any site for the storage of oil in bulk which is
capable of receiving oil from waterborne transportation, including
any facility situated off-shore and linked to such site.
116. Tidal water means any part of the sea and any part of a river within
the ebb and flow of the tide at ordinary spring tides and not being a
harbour;
117. Tindal means the person in command or charge of a sailing vessel;
118. Ton, in relation to oil, means a metric ton.
119. Unseaworthy vessel is a vessel which is not seaworthy.
120. valid international load line certificate means a certificate issued to
the ship in accordance with the Load Line Convention.
13
14
PART II
GENERAL ADMINSTRATION
4.
16
Subordinate offices.10
MERCANTILE MARINE DEPARTMENT.(a)The Central Government may establish or maintain at any of the
ports or places in India, as it may consider it necessary, an office of
the Mercantile Marine Department for the administration of this
Act and the rules and regulations there under.
(b) The office of the Mercantile Marine Department at the port of
Mumbai, Kolkata, Chennai, Kochi and Kandla shall be in the charge
of the Principal Officer and the office at any other port or place shall
be in the charge of such officer as the Central Government may
appoint in this behalf.
(c) In the discharge of their duties, the principal officer and other
officers shall be subject to the control of the Director-General.
11
Shipping Offices
(a) 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.
(b) 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.
(c) 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 Mercantile
Marine Department, or at the office of the port officer or at such
other office as the Central Government may specify, and thereupon
the same shall be conducted accordingly.
(d) All acts done by or before a deputy shipping master, an
assistant shipping master and the officer to whom any business of
17
the shipping office is committed under clause (c) shall have the
same effect as if done by or before a shipping master for the
purposes of this Act.
18
12
Seamens Employment Offices.(a) 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 seamens employment office and shall appoint
thereto a director and as many deputy directors and assistant
directors as it may consider necessary.
(b) The directors, deputy directors and assistant directors as 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.
(c) 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.
(d) The Central Government may, by notification in the Official
Gazette, direct that at any port at which no separate seamens
employment office is established, the functions of the seamens
employment office in that port shall be discharged by such person
or body of persons as it may specify in the notification, and
thereupon the office of the person or body of persons so specified
shall be deemed to be the seamens employment office established
at that port for the purposes of this Act.
13
Seamens Welfare Offices.(a) The Central Government may appoint seamens welfare officers
at such ports in or outside India as it may consider necessary.
(b) A seamens welfare officer appointed under sub-section (a) shall
performi. 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;
ii. 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 V as may be assigned to him by the Central
Government.
(c) If any seamens welfare officer appointed at any port outside
India performs any functions assigned to an Indian consular officer
under Part V, such functions shall have the same effect as if they
19
1)
2)
6.
7.
(1
)
(2
)
Application for initial registry:1. An application for the registry of a ship and a vessel shall be made
20
9.
10.
11.
12.
13.
15.
23
Registry of transfer.
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.
17.
19.
20.
Mortgages
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 ships port of
registry shall record it in the register book, in the manner prescribed.
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.
2) 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
26
Rights of mortgagee.
1) Where there is only one registered mortgagee of a ship or share, he
shall have power absolutely to recover the amount due under the
mortgage by selling the mortgaged ship or share without
approaching the High Court:
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.,
3) Every registered mortgagee of a ship or share who intends to
recover the amount due under the mortgage by selling the
mortgaged ship or share under sub-section (1) shall give an advance
notice of fifteen days relating to such sale to the registrar of the
ships port of registry.
4) The notice under sub-section (3) shall be accompanied with the
proof of payment of the wages.
22.
23.
Transfer of mortgages.
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
27
25.
26.
Registry of alterations.
The matters pertaining to registry of alteration shall be in accordance with
the rules as may be prescribed.
27.
28.
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 in the prescribed manner, although registry anew is not required
under this Act.
29.
Transfer of registry.
The registry of any ship may, 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.
30.
31.
32.
33.
34.
35.
Liability of owners.
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
30
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.
36.
37.
Closure of Registry
1) Voluntary closure of registry.i. The owner of an Indian ship may make a written application to close
its registry if there is no
a. unsatisfied mortgage entered in its register;
b. outstanding claims of the master or seamen of the ship in
respect of wages which have been notified to the Director.
ii. The application shall specify the name of the ship, the intended port
and country of registry (if applicable) or otherwise the reason for
the closure and shall be submitted to the Registrar together with
the certificate of registry of the ship.
iii. On receipt of the application and the certificate of registry, the
Registrar shall, if he is satisfied of the matters mentioned in
subsection (i), close the registry of the ship and make an entry
thereof in the register.
iv. For the purposes of this section, owner includes any transferee of,
or any person entitled under a transmission to the property in, an
Indian ship.
38.
PART IV
CERTIFICATES OF SEAFARERS
39.
Monitoring of Maritime education and training(1) No certificate of competency or proficiency shall be issued unless the
maritime training leading to issuance of certificate of competency or
proficiency under this Act, has been conducted in an institute duly
approved by the Director General in accordance with the procedure
as prescribed.
(2) The Director General shall administer, supervise and monitor all
training and assessment of seafarers for certification. All training
and assessment shall be structured in accordance with written
programmes including such method of delivery, procedure and
course materials as are necessary to achieve a the standard of
competency and standard of proficiency.
(3) Those responsible for the training and assessement of competence
seafarer shall be appropriately qualified under this part as
prescribed
33
40.
Certificates of competency to be held by officers of ships.1) Every Indian ship 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 categories of ships, type of areas and types of
operations.
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.
3) Subject to the provisions contained in section 44, an officer shall not
be deemed to be duly certified 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.
41.
42.
Provided that the Chief examiners 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.
34
3. Every certificate granted under this part shall be in such form and
duration as may be prescribed.
4. If it appears to the Chief Examiner that the holder of a certificate
granted under this Act has obtained it on false or erroneous
information, or is guilty of misconduct as prescribed or on receipt by
the Chief Examiner of any report of incompetency, omission or
compromise to security by the holder of a certificate which may pose a
threat to safety of life or property at sea, , the Chief Examiner may,
after due investigation, withdraw, suspend or cancel such certificate.
Provided that no order under this section shall be passed by the Chief
Examiner unless the person concerned has been given an opportunity of
making a representation against the order proposed.
5. An endorsement of all orders issued under sub section (4) affecting any
certificate of competency or certificate of proficiency, in pursuance of the
powers contained in this Act, shall be entered on the copy of the certificate
kept under this section.
6.Whenever a person holding a certificate granted under this Act proves to
the satisfaction of the issuing authority that he has, lost or been deprived of
such certificate, the issuing authority shall, on payment of the prescribed
fee, cause a copy of the certificate to be granted to him, and such copy shall
have all the effect of the original.
43.
45.
Foreign ships not to sail without certified seafarers (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
seafarers of appropriate grades as specified by the Safety 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
seafarers holding certificates issued in accordance with the Safety
Convention are actually appointed and are present, and satisfy himself
about the adequacy of such seafarers for the Watch-keeping 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 requirements of the Safety Convention
and the Central Government is satisfied that it will be unsafe for such ship
to proceed to sea, that ship may be detained by the officer authorised for
this purpose till such requirements are fulfilled.
46.
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 format, validity and duration of a certificate issued under this Part
and any endorsements theron ;
(b) the conduct of the examination of persons desirous of obtaining
certificates of competency and endorsements thereon ;
(c) the qualifications to be required of persons desirous of obtaining
certificates of competency ;
(d) the fees to be paid by applicants for examinations;
(e) fees to be paid to examiners for conduct of examination;
(f) the circumstances or cases in which certificates under this Part may be
withdrawn , suspended or cancelled
47.
48.
49.
SEAFARERS
Classification of Seafarer, maritime labour standards and prescription of
minimum manning scale
37
The Central Government may make rules for the classification of seafarers
into different categories and for the prescription of the minimum manning
scale of seafarers of such categories for ships; and different scales may be
prescribed for different classes of ships
50.
38
51.
Shipping masters
It shall be the duty of shipping mastersa. To monitor the engagement and discharge of seafarer in the manner
provided in this Act;
b. to issue continuous discharge certificate & seafarers identity
document as prescribed.
c. to hear and decide disputes under section 65 between a Master,
Owner of a ship or his agent and any of the crew of the ship;
d. to transmit the complaint of any dispute of a foreign seafarer 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 country of registration and a copy of such complaint shall be
forwarded to the Director General, International Labour
Organization office.
e. to perform such other duties relating to seafarers and merchant
ships under this Act.
52.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
40
53.
them;
c. the nature of the medical examination of seafarers, the
authorities by which the examination shall be conducted, and
the fees payable therefore;
d. the form and contents of medical certificates and the period of
their validity;
e. The re-examination by such medical authority as may be
specified of persons who have been refused medical
certificates of physical fitness in the first instance and the fees
payable for such re-examination;
f. the circumstances in which, or the conditions subject to
which, any seafarer or class of seafarers, or any ship or class
of ships, may be exempted from the operation of sub-section
(2).
(7) A person or company or organization including a union purporting
to represent the interests of seafarers shall not demand or receive,
either directly or indirectly, from any seafarer or person seeking
employment as seafarer or any person on his behalf, any
remuneration or donation or fees or compulsory subscription of any
kind attributable from such seafarer or persons employment as
seafarer, other than the fees authorized by this Act.
(8) There shall be no discrimination between seafarers,(a) on the ground of their membership or lack of membership in any
particular union purporting to represent the interests of seafarers
and membership in such union shall not be prerequisite 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.
(9) The Central Government or any officer authorized by it in this
behalf, if satisfied that in the national interest or in the interests of
seafarer generally it is necessary so to do, may, by order in writing,
prohibit the master or owner or his agent of any ship other than an
Indian ship specified in the order from engaging any person to serve
as a seafarer on such ship.
(10)
The Central Government may, by notification in the Official
Gazette, fix the fees which shall be payable upon all engagements
and discharges of the seafarers.
42
54.
55.
on ships;
(v) the qualifications of medical officer, medical facilities, medical stores,
expenses of medical attendance in case of illness and injury
(vi) accommodation, bedding towels, weights and measures, other facilities
on board
(vii) cook;
(vi) the manner and form of certificate to be provided to ships;
(vii) the manner of conducting inspection in a ship to verify possession of
the Maritime Labour Certificate and the Declaration of Maritime Labour
Compliance;
(viii) any other matter which may be or is to be prescribed relating to the
Maritime Labour Convention
44
56.
57.
58.
47
59.
60.
61.
(4) Every seafarer discharged in terms of subsection (2) 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 service had been wrongfully
terminated by the owner before the expiration of the period for which the
seafarer was engaged.
(5) The master of an Indian ship shall not (a) discharge a seafarer before the expiration of the period for which he was
engaged, unless the seafarer consents to his discharge; or
(b) except in circumstances beyond his control, leave a seafarer 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
seafarer that he has granted such authority, and also the reason for the
seafarer being discharged or the seafarer being left behind.
(6) The officer aforesaid to whom applications is made for authority in
terms of sub-section (5), shall investigate the grounds on which the seafarer
is to be discharged or the seafarer left behind and may in his discretion
grant or refuse to grant such authority.
Provided that he shall not refuse to grant his authority if he is satisfied that
the seafarer has without reasonable cause;
(a) failed or refused to join his ship or to proceed to sea therein; or
(b) been absent from his ship without leave, either at the commencement or
during the progress of a voyage for a period of more than forty-eight
hours.
(7) The officer aforesaid shall keep a record of all seafarers discharged or
left behind with his authority; and whenever any charge is made against a
seafarer under section 84, the fact that no such authority is so recorded
shall be prima facie evidence that it was not granted.
49
62.
63.
64.
65.
(2) The Shipping Master shall hear and decide the dispute so submitted
and an award made by him upon the submission shall be conclusive as to
the rights of the parties, and any document purporting to be such
submission or award shall be prima facie evidence thereof. Non
compliance of the award by the master, owner of the ship or his agent may
lead to detention of the ship.
(3) An award made by a shipping master under this section may be
enforced by a Judicial Magistrate of the first class or Metropolitan
Magistrate, as the case may be, in the same manner as an order for the
payment of wages made by such magistrate under this Act.
(4) Nothing in the Arbitration and Conciliation Act, 1996 shall apply to any
matter submitted to a shipping master for decision under this section.
51
66.
67.
68.
69.
70.
71.
binding on
(a) all parties to the dispute;
(b) where any party to the dispute is the owner of the ship, his heirs,
successors, or assigns,
(7) Save as otherwise provided in the award, an award shall remain in
operation for a period of one year from the date on which it becomes
enforceable and shall thereafter continue to remain in operation until a
period of two months has elapsed from the date on which notice is given
by any party bound by the award to the other party or parties intimating its
intention to terminate the award.
(8) Any money due to a seafarer from the owner of a ship under an award
may be recovered as wages.
(9) Nothing contained in the Industrial Disputes Act, 1947, shall apply to
any dispute between seafarers or any class of seafarers or any union of
seafarers and the owners of ships in which such seafarers are employed or
are likely to be employed.
(10) During the pendency of proceedings under this section.
(a) no seafarer or class of seafarers or union of seafarers shall go or remain
on strike or otherwise act in a manner prejudicial to the normal operation
of the ships in which the seafarer are employed or are likely to be
employed; and
(b) no owner of a ship shall
(i) alter to the prejudice of the seafarer concerned in the dispute, the
conditions of service applicable to them immediately before the
commencement of such proceedings; or
(ii) discharge or punish any seafarer in respect of any matter connected
with the dispute.
72.
Recovery of wages, etc., of seafarers lost with their ship -(1) Where a seafarer is lost with the ship to which he belongs, the DirectorGeneral or such Officer as the Director-General may appoint in this behalf
may recover the wages and the compensation due to him from the master
or owner of a ship or his agent in same court and in the same manner in
which seafarers wages are recoverable, and shall deal with those wages in
the same manner as with the wages and compensation due to other
deceased seafarers under this Act.
(2) In any proceeding 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 immediately after the time she was last heard of or at such
later time as the court hearing the case may think probable.
54
73.
74.
Nomination.-(1) A seafarer may, for the purposes of sub-section (3) of section 57 and
clause (b) of _______ , nominate any person or persons:
Provided that if the seafarer has a family, he may nominate for the
purposes aforesaid any one or more members of his family only and if a
seafarer 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 subsection (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
Relief and maintenance of distressed seafarers.-(1) The Indian Consular Officer at or near the place where a seafarer is in
distress shall, on application being made to him by the distressed seafarer,
provide in accordance with the rules made under this Act for the return of
that seafarer to a proper return port, and also for the said seafarers
necessary clothing and maintenance until his arrival at such port.
(2) A distressed seafarer 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 seafarer in respect of whom
they were incurred belonged at the time of his discharge or other event
which resulted in his becoming a distressed seafarer shall be liable; and the
owner or agent shall not be entitled to recover from the seafarer any
amount paid by him to the Central Government in settlement or part
settlement of such debt.
(4) All 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 seafarer in respect of
whom they were incurred and the owner or the agent of the ship to which
that seafarer belonged at the time of his discharge or other event which
resulted in his becoming a distressed seafarer shall be jointly and severally
liable; and the owner or agent shall be entitled to recover from the seafarer
any amount paid by him to the Central Government in settlement or part
settlement of such debt, and may apply to the satisfaction of his claim so
much as may be necessary of any wages due to the seafarer.
(5) All excepted expenses incurred in accordance with the provisions of this
Act in respect of any distressed seafarer by the owner or agent of the ship
to which he belonged at the time of his discharge or other event which
resulted in his becoming a distressed seafarer shall constitute a debt due to
the owner or agent for which the seafarer shall be liable; and the owner or
55
56
75.
What shall be evidence of distress.-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 seafarer named therein is distressed shall be conclusive
evidence that such seafarer is distressed within the meaning of this Act.
76.
Inspection by Shipping Master etc.-(1) A shipping master, surveyor, seamens welfare officer, Indian consular
officer or any other officer at any port duly authorized in this behalf by the
Central Government (a) in the case of any ship upon which seafarer 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 seafarers, with which the ship is required to be
provided by or under this Act and also the space and equipment used for
the storage and handling of food and water and the galley and other
equipment used for the preparation and service of meals.
(2) All Indian ships of five hundred tons gross or more and engaged in
international voyage or operating from a port, or between ports, in another
country, shall possess a Maritime Labour Certificate and a Declaration of
Maritime Labour Compliance.
(a) Ships not covered under sub-section (1) shall, unless, exempted by the
Central Government, possess such certificate in such manner and form, as
may be prescribed.
(b) The shipping master, surveyor, seamen's welfare officer, Indian
consular officer, or any other officer at any port duly authorised in this
behalf by the Central Government, may inspect any ship, in such manner
as may be prescribed, and the master of the ship or any person having
charge over the ship shall make available to such inspecting officer, the
Maritime Labour Certificate and the Declaration of Maritime Labour
Compliance.
(3) For the purpose of preventing seafarer 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 seamens employment office, may enter
at any time on board any such ship upon which he has reasons to believe
that seafarers have been shipped, and may muster and examine the several
seafarers employed therein.
Power to make rules to prevent accidents, etc.-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
77.
57
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.
58
78.
he was a serving seafarer, 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
presumption except in such areas and in such circumstances as the Central
Government may, by notification in the Official Gazette, specify in this
behalf.
13. If any court is in doubt whether, for the purposes of this section, a
seafarer is or was at any particular time or during any particular period
a serving seafarer, it may refer the question to the shipping master, and
the certificate of the shipping master shall be conclusive evidence on the
question.
79.
80.
Assignment or sale of salvage invalid.-Subject to the provisions of this Act, an assignment of salvage payable to a
seafarer 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.
61
81.
Seafarer's property not to be detained.-1. Any person who receives or takes into his possession or under his
control any money or other property of a seafarer shall return the
same or pay the value thereof when required by the seafarer subject to
deduction of such amounts as may be justly due to him from the
seafarer in respect of board or lodging or otherwise.
2. Where 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 seafarer.
82.
83.
Provisions as to discipline - Misconduct endangering life or ship.-No master, seafarer 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.
84.
6.
court, may, in lieu of committing and sentencing him for the offence,
cause him to be conveyed on board his ship for the purpose of
proceeding on the voyage, or deliver him to the master or any mate
of the ship or the owner or his agent, to be by them so conveyed,
and may in such case order any costs and expenses properly
incurred by or on behalf of the master or owner by reason of the
conveyance to be paid by the offender and, if necessary, to be
deducted from any wages which he has then earned or by virtue of
his then existing engagements may afterwards be earned.
85.
86.
65
87.
88.
Report of desertions and absences without leave.-Whenever any seafarer 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
Director-General specifies in this behalf, unless in the meantime, the
deserter or absentee returns.
89.
Entries and certificates of desertion abroad.-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 officers 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 seafarer was shipped, and the shipping
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91.
2.
Application of forfeitures.-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 or his agent 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.
92.
Decision of questions of forfeiture and deduction in suits for wages.-Any question concerning the forfeiture of or deductions from the wages of
a seafarer 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
67
criminal proceeding.
93.
Payment of fines imposed under agreement to shipping master.-1. Every fine imposed on a seafarer for any act of misconduct under his
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 the master or owner or agent
shall deduct such fine from the wages of the offender and pay the
same over to such shipping master; and
b. if the seafarer 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, and signed by such officer and on the return of the ship
to India, the master or owner shall pay over such fine to the
shipping master.
2. An act of misconduct for which any such fine has been inflicted and
paid shall not be otherwise punishable under the provisions of this
Act.
3. The proceeds of all fines received by a shipping master under this
section shall be utilised for the welfare of seafarers in such manner as
the Central Government may direct.
68
94.
2.
Provided that the provision of this section shall not extend to the case in
which the harbour or secreting is by the spouse of the seafarer.
95.
96.
97.
(i)
the wages due to such seafarer and his money and other
property; and
(ii)
98.
On change of master, documents to be handed over to successor.-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 enters in the official log book a list of the documents so
delivered to him.
99.
distress;
(r) Collection of metrological data by vessels at sea and dissemination
of such information;
(s) Collection and compilation of hydrographic data, its publication,
dissemination and keeping upto date of nautical information for safe
navigation;
(t) Ship routing systems;
(u) Ship reporting systems;
(v) Vessel traffic services;
(w)
Aids to navigation;
(x) Issuance of safe manning documents;
102. Regulations to prevent collisions
1. The Central Government may make rules or regulations to give
effect to Collision Regulations, 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 steering and sailing rules to be
observed by all Indian vessels, fishing vessels and sailing vessels.
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
fishing vessels or sailing vessels registered in India, as the case may
be.
103. Observance of collision regulations
1. The owner or master of every ship, the owner or tindal of every
sailing vessel and the owner or skipper of the fishing vessel to which
section 102 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 nonobservance
by any such ship or sailing vessel or fishing vessel of any of the
collision regulations, the damage shall be deemed to have been
occasioned by the willful default of the person in charge of the ship
or the sailing vessel or fishing 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
73
necessary.
104. Reporting of incidents:1. When an incident takes place involving the loss or likely loss
overboard of dangerous goods in packaged form into the sea, or
dangerous goods in solid form in bulk into the sea, , the master shall
report the particulars of such an incident without delay and to the
fullest extent as prescribed.
2. The Master of the Indian vessel on meeting with a danger to
navigation shall report the particulars of such an incident without
delay and to the fullest extent as prescribed.
3.
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a.
b.
c.
d.
e.
f.
g.
h.
passenger accommodation;
scale of passenger and crew amenities to be provided;
space or disallowance of any space on a ship;
scale of provisions and water to be provided;
hospital accommodation and medical facilities;
the conditions for carriage of cargo and live stock;
collection of passenger welfare cess and incidental matters;
generally to carry out the purposes of this Part.
5. The Master or other officer of the such ship and all person called by
him to assistance may, without warrant, detain any person who
commits an offence under this section to be dealt with according to
law.
112. Unseaworthy vessel not to be sent to sea.1. Every person who sends or attempts to send a vessel , which is not
in a seaworthy condition, to sea from any port or place in India that
the life of any person is likely to be thereby endangered shall, unless
he proves that he used all reasonable means to ensure 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 a vessel who knowingly takes a vessel which is not
in seaworthy condition 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 charged under
this section may give evidence in the same manner as any other
witness.
4. No prosecution under this section shall be instituted except by, or
with the consent of, the Director General.
113. Obligation of owner to crew with respect to seaworthiness.1.
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
77
1.
80
83
(2) The cess shall be collected by such officers and in such manner as the
Central Government may prescribe in this behalf and shall, after
deduction of such costs of collection, if any, as the Central Government
may determine, be paid to such authority as the Central Government
may specify.
(3) The proceeds of the cess shall, after due appropriation made by
Parliament by law, be utilised for the purpose of providing reception
facilities and equipments and materials for combating pollution at
various ports in India and for such other like purposes as the Central
Government may, by Notification in the Official Gazette, from time to
time, specify.
126. Power to make rules:
(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 contain-(a) the standard and requirements to ensure that the ships comply
with the requirements under this part
(b) the forms in which, the duration for which and the conditions
subject to which, various pollution prevention certificates shall be
issued
(c) the period within which, the manner in which and the conditions
for making surveys of ships prior to issuing an pollution prevention
certificate and the requirements as to equipment which are to be
fitted for prevention of pollution by a ship under this Part;";
(d) the forms of record books ships, the manner in which such
books shall be maintained, the nature of the entries to be made
therein, the time and circumstances in which such entries shall be
made, the custody and disposal thereof and all other matters
relating thereto for the purposes of this Part;
(e) the fees which may be levied for inspections of various
equipments required under the Convention and the manner in
which such fees may be collected.
(f) the surveillance, supervisions, guidance and instructions to be
complied with by the port authorities under this Part (reception
facilities)
(g) the officers who shall collect the cess and the manner in which
the cess shall be collected and remitted.
(h) any other matter which, for the implementation of the
Convention, has to be or may be prescribed.
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PART VIII
SURVEY AND CERTIFICATION
127. Survey, audit and certification of vessels(1) Where in respect of any vessel, Company or the port facility , the
Central Government or any person authorised by iton his behalf, is
satisfied that the vessel, Company or the port facility has been
surveyed, or audited as the case may be, in the manner prescribed
and that the requirements under the rules made under this Act, or as
required by the Conventions to the extent applicable, have been
complied with, the Central Government or person authorised by it,
may issue the appropriate certificates or documents.
(2) Where any survey, or audit as the case may be, under this Part of a
vessel, Company or the port facility has been completed, then,
notwithstanding anything contained in this Act, the owner, agent or
master of the vessel, or the Company or the port facility shall not
make or cause to be made any alteration in the structure, equipment,
fittings, arrangements, material, systems or scantlings covered by
the survey or audit without the prior written permission of the
Central Government or any other person authorized by it.
(3) If the Central Government or any person authorized by it has reason
to believe that since the completion of last survey, or audit, changes
have been made to the structure, equipment, fittings, arrangements,
material, systems or scantlings, or they have sustained any damage
or are otherwise found insufficient, then the Central Government or
any person authorized by it may require the vessel, Company or the
port facility to be re-surveyed or audited to such extent as it may
think fit.
(4) Subject to any exemption granted by the Central Government or any
person authorized by it, no vessel shall proceed to sea unless the
owner or the master of the vessel holds all the certificates or
documents as required under this Act and the rules made
thereunder, on board the said vessel, the certificates being in force
and applicable to the vessel.
(5) The Central government may make rules for the survey, audit and
certification of Indian vessels. In particular and without prejudice to
the generality of the foregoing power, such rules may prescribe(a) the mode and manner of carrying out surveys and audits under the
Act
(b) the persons who may make applications, and the information
required to be included in applications;
(c) criteria that should be satisfied in order to issue, modify, or revoke
certificates and documents;
(d) the time limits within which applications for certificates are to be
85
submitted;
(e) circumstances when a survey by two or more surveyors is needed
(f) The list of certificates and documents that should to be held by
different categories of Indian vessels, a company and a port facility,
as per the safety, security and pollution prevention requirements
applicable to them under this act.
(g) the information to be included in such certificates and documents;
(h) conditions to which certificates and documents are subject to;
(i) conditions that may be imposed upon certificates and documents by
issuing authority;
(j) the duration and validity of certificates and documents;
(k) the renewal, suspension or cancellation of certificates and
documents;
(l) the transfer or surrender of certificates and documents
(m)
reports and declarations of issuing bodies, surveyors or other
persons
(n) recognition of certificates and documents issued to Indian vessels
outside India,
(o) the survey and inspection of ships registered or to be registered
(p) measurement or measurement of the tonnages of a vessel.
(q) assigning and marking of load lines and prescribing the conditions
on which the load lines may be assigned.
(r) Any other matter to give effect to the provisions of this Part and the
Conventions being applied.
(6) Notwithstanding the provisions under subsection (1), the such rules
may contain provision to give effect to the survey, audit or
certification requirements under the following Conventions:
(a) the Safety Convention
(b) MARPOL Convention;
(c ) Anti Fouling Systems Convention;
(d) Ballast Water Management Convention;
(e) the Load Lines Convention:
(f) Tonnage Measurement Convention,1969
(g) Special Trade Passenger Ships Agreement,1971 and its
Protocol.
(h) Convention on the International Regulations for Preventing
Collisions at Sea, 1972, as amended
(i) International Convention on Maritime Search and Rescue,
1979 (SAR 1979)
(7)The Director General shall specify the forms of the Certificates,
documents and the declaration of survey required under this Section, and
the fees payable for survey, audit and certification of vessels.
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128. Certificates :(1) Every vessel shall carry on board, such Certificates as required in the
form and manner prescribed, unless exempted, at all times.
(2) Every vessel for which an exemption has been granted shall carry
onboard such exemption certificates.
the same rights, and powers as the persons entitled to sue for damages
in the first instance.
133. Duty of master of vessel to assist in case of collision.
1. In every case of collision between two vessels it shall be the duty of
the master or person in-charge of each vessel, in and so far as he can
do so without danger to his own vessel, crew and passengers, if
any
(a) to render to the other vessel, 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 vessel 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 vessels
the name of his own vessel 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.
134.
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A person liable shall not be entitled to limit his liability if it is proved that
the loss resulted from his personal act or omission, committed with the
intent to cause such loss, or recklessly and with knowledge that such loss
would probably result.
141. Counterclaims
Where a person entitled to limitation of liability under this Part has a claim
against the claimant arising out of the same occurrence, their respective
claims shall be set off against each other and the provisions of this
Part shall only apply to the balance, if any.
142. LIMITS OF LIABILITY
1. The limits of liability for claims other than those mentioned in 151 to
166 arising on any distinct occasion, shall be calculated as provided for
in 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 prescribed.
2. Where the amount calculated in respect of claims for loss of life or
personal injury is insufficient to pay such claims in full, the amount
calculated in respect of other claims shall be made available for
payment of the unpaid balance of claims in respect of claims for loss of
life or personal injury and such unpaid balance shall rank rateably
with claims in respect of other claims.
3. Without prejudice to the right of claims for loss of life or personal
injury according to sub-section 2, the claims in respect of damage to
harbour works, basins, waterways and aids to navigation shall have
priority over other claims, rateably, as may be prescribed.
4. The limits of liability for any salvor not operating from any ship or for
any salvor operating solely on the ship to, or in respect of which he is
rendering salvage services, shall be calculated according to a tonnage
of 1,500 tons.
Explanation: For the purpose of this Part the ship's tonnage shall be the
gross tonnage as defined in sub section 22 of section 3
143. The limit for passenger claims
In respect of claims arising on any distinct occasion for loss of life or
personal injury to passengers of a ship, the limit of liability of the owner
thereof shall bean amount as prescribed.
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Explanation: For the purpose of this section "claims for loss of life or
personal injury to passengers of a ship" shall mean any such claims
brought by or on behalf of any person carried in that ship:
a. under a contract of passenger carriage, or
b. who, with the consent of the carrier, is accompanying a vehicle or
live animals which are covered by a contract for the carriage of
goods.
144. Aggregation of claims
1. The limits of liability determined in accordance with Section 142 shall
apply to the aggregate of all claims which arise on any distinct
occasion:
a. against the owner and any person for whose act, neglect or default
he or they are responsible; or
b. against the owner of a ship rendering salvage services from that ship
and the salvor or salvors operating from such ship and any person
for whose act, neglect or default he or they are responsible; or
c. against the salvor or salvors who are not operating from a ship or
who are operating solely on the ship to, or in respect of which, the
salvage services are rendered and any person for whose act, neglect
or default he or they are responsible.
2. The limits of liability determined in accordance with Section 142
shall apply to the aggregate of all claims subject thereto which may
arise on any distinct occasion against the owner in respect of the ship
referred to in Section142 and any person for whose act, neglect or
default he or they are responsible.
4. Where the person liable or any other person establishes that he may
be compelled to pay, at a later date, in whole or in part any such
amount of compensation with regard to which such person would
have enjoyed a right of subrogation pursuant to sub-sections 2 and3
had the compensation been paid before the fund was distributed,
the High Court where the fund has been constituted may order that
a sufficient sum shall be provisionally set aside to enable such
person at such later date to enforce his claim against the fund.
148. Bar to other actions:1. Where a limitation fund has been constituted in accordance with
94
section 146, any person having made a claim against the fund shall
be barred from exercising any right in respect of such claim against
any other assets of a person by or on behalf of whom the fund has
been constituted.
2. After a limitation fund has been constituted in accordance with
section 146, any ship or other property, belonging to a person on
behalf of whom the fund has been constituted, which has been
arrested for a claim which may be raised against the fund, or any
security given, may be released by order of the High Court.
However, such release shall always be ordered if the limitation fund
has been constituted:
a. at the port where the occurrence took place, or, if it took place out of
port, at the first port of call thereafter; or
b. at the port of disembarkation in respect of claims for loss of life or
personal injury; or
c. at the port of discharge in respect of damage to cargo; or
d. in the High Court where the arrest is made.
3. The provisions of sub-sections 1 and 2 shall apply only if the
claimant may bring a claim against the limitation fund before the
Court administering that fund and the fund is actually available and
freely transfer able in respect of that claim.
thereof.
150. Power to make rules.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.
Civil Liability for Pollution Damage
151. ApplicationThis Part shall apply exclusivelya. to pollution damage caused by:
(i) Indian ship wherever it is; and
(ii) any other ship in India including, 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;
b. to preventive measures, wherever taken, to prevent or minimize
such damage.
152. For the purposes of this part in as much as it relates to the Civil Liablity for
Pollution Damage, Ship means any sea-going vessel and seaborne craft
of any type whatsoever constructed or adapted for the carriage of oil in
bulk as cargo, provided that a ship capable of carrying oil and other
cargoes shall be regarded as a ship only when it is actually carrying oil in
bulk as cargo and during any voyage following such carriage unless it is
proved that it has no residues of such carriage of oil in bulk aboard.
153. Liability of owner
1. Save as otherwise provided in sub-sections 2 and 3 of this section,
the owner of a ship at the time of an incident, or, where the incident
consists of a series of occurrences, at the time of the first such
occurrence, shall be liable for any pollution damage caused by 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:
g. resulted from an act of war, hostilities, civil war, insurrection or
a natural phenomenon of an exceptional, inevitable and
irresistible character, or
96
3.
4.
5.
a.
b.
c.
d.
e.
f.
Nothing in this Part shall prejudice any right of recourse of the owner
against third parties.
154. Joint and several Liability for Ships.
When an incident involving two or more ships occurs and pollution
damage results there from, the owners of all the ships concerned, unless
exonerated under sub section (2) and (3) of section 153, shall be jointly and
severally liable for all such damage which is not reasonably separable.
155. Limitation of liability
1. The owner of a ship shall be entitled to limit his liability under this Part
in respect of any one incident, as maybe prescribed.
2. The owner shall not be entitled to limit his liability under this Part if it is
proved that the pollution damage resulted from 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.
97
98
owner against him. The insurer or other person providing financial security
shall in any event have the right to require the owner to be joined in the
proceedings.
3. Any sums provided by insurance or by other financial security
maintained in accordance with section 160 shall be available exclusively for
the satisfaction of claims under this Part.
164. Limitation period:
Rights of compensation under this Part shall be extinguished unless an
action is brought thereunder within three years from the date when the
damage occurred. However, in no case shall an action be brought after six
years from the date of the incident which caused the damage. Where this
incident consists of a series of occurrences, the six years period shall run
from the date of the first such occurrence.
165. Government ships.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.
166. Power to make rules.The Central Government may make rules
prescribing
(a) the form of certificate to be issued by the Director General under subsection (2) of section 160 and the particulars which it may contain;
(b) fees which may be charged for issue of certificates under section 160;
(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 Part.
CIVIL LIABILITY FOR BUNKER OIL POLLUTION DAMAGE
167. Application of this Part.
This Part applies to
(a) pollution damage caused (i) within the territory including territorial sea of India; and
(ii) at a port or a 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 or
any other law for the time being in force,
(b) preventive measures, wherever taken, to prevent or minimise such
damage:
101
Provided that this Part shall not apply to warships, naval auxiliary or
other vessels owned or operated by the Government and used, for the time
being, only on Government non-commercial service:
Provided further that the Bunker Convention shall not apply to pollution
damage as defined in clause (f) of section 153 relating to Civil Liability
Convention, whether or not compensation is payable in respect of it under
that Convention.
168. For the purposes of this part in as much as it relates to the Bunker
Convention, ship means any seagoing vessel and sea borne craft, of any
type whatsoever; and a vessel includes ship
(2) After receiving the application under sub-section (1), the High
Court shall determine the amount of owners liability in accordance with
the provisions contained in this part relating to Civil Liability of bunker oil
pollution damage and direct him to deposit such amount with the High
Court.
173. Consolidation of claims and distribution of amount.
The High Court shall consolidate all claims against the owner of the vessel
who has deposited the amount under section 172 or his insurer and shall
distribute the amount rateably amongst the claimants in accordance with
the provisions of this part relating to Civil Liability of bunker oil pollution
damage.
174. Extinguishment of right to claim. The right to claim compensation in
respect of an incident under this part shall extinguish if such claim is not
made within a period of three years from the date of occurrence of damage:
Provided that in no case, such claim may be made after six years from
the date of incident which caused such damage:
Provided further that where such incident consists of a series of
occurrences, the period six years shall run from the date of the first of such
occurrence.
175. Maintenance of compulsory insurance or other financial security.
(1) Every registered owner of a vessel with more than one thousand gross
tonnage shall, for the purpose of covering his liability for pollution damage
under this Part, be required to maintain compulsory insurance coverage or
such other financial security, as may be prescribed, for an amount
equivalent to his liability as determined in accordance with the provisions
of this part relating to Civil Liability of bunker oil pollution damage.
(2) Any claim for compensation for pollution damage may be brought
directly against the insurer or other person providing financial security for
the registered owners liability for pollution damage and in such a case, the
insurer or such person may invoke defences (other than bankruptcy or
winding up of the owner) which the owner would have been entitled to
invoke, including limitation of liability pursuant section 172:
Provided that where the owner is not entitled to limitation of liability
under section 172, the insurer or such person may limit liability to an
amount equal to the amount of the insurance or other financial security
required to be maintained under sub-section (1).
Provided further that the insurer or such person may invoke the
104
defence that the pollution damage resulted from the wilful misconduct of
the owner but shall not invoke any other defence which such insurer or
person might have been entitled to invoke in proceedings brought by the
owner against such insurer or person:
Provided also that the insurer or such person shall have the right to
require the owner to be joined in such proceedings.
176. Issue of certificate (1) In respect of every vessel which maintains insurance
or other financial security under section 175, the Director-General shall
issue a certificate in such form, containing such particulars and subject to
such conditions, as may be prescribed.
(2) On an application made by the owner or agent of any foreign vessel,
the Director-General may issue a certificate in respect of such foreign vessel
on production of satisfactory evidence of maintenance of insurance or other
financial security as required under section 175.
(3) Every certificate under sub-sections (1) and (2) may be issued on
payment of such fee as may be prescribed.
(4) Every certificate issued under sub-sections (1) and (2) shall be renewed
after its expiry in such manner and on payment of such fee as may be
prescribed.
177. Ban on entering or leaving Port without certificate.
(1) No vessel shall enter or leave or attempt to enter or leave any port or
place to which this Part applies, unless it carries on board a certificate
issued under section 176.
(2) 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
Bunker Convention to any ship wherever registered, shall be accepted at
any port or place in India as if it were issued under this Act.
(3) No Port Officer shall permit inward entry or outward clearance to any
vessel to which sub-section (1) applies unless the master of the vessel
produces the certificate referred to in sub-section (1).
178. Right of recourse.
Nothing contained in this Part shall prejudice the right of recourse that the
owner of the vessel may have against any other person in respect of his
liability.
179. Recognition and enforcements of decision of the court.
(1) Any decision given by a Court under sub-section (2) of section 172 shall
be recognised in the country where the cause of action has arisen, except
105
where
(a) the judgment was obtained by fraud; or
(b) the owner or the insurer or the person providing financial security
who is a party to the proceedings was not given reasonable notice and
a fair opportunity to present his or her case.
(2) A judgment recognised under sub-section (1) shall be enforceable in
each of the affected country as soon as the procedures required in that
country have been complied with:
Provided that such procedure shall not permit the merits of the case to be
re-opened.
INTERNATIONAL OIL POLLUTION COMPENSATION FUND
180. For the purposes of the Liability Convention under this Part, unless
otherwise expressly provided,-the expressions Ship, Person, Owner,
Oil, Pollution Damage, Preventive Measures, Incident, and
Organization have the same meaning as in this part.
181. Legal Person
1. The Fund is a legal person capable under the laws of India, assuming
rights and obligations and of being a party in legal proceedings before the
courts and other competent authority of India. The Director of the Fund
shall be the legal representative of the Fund.
182. Contribution to the Fund.
(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
(a) in case of contributing oil which is being imported into India, the
importer; or
(b) in any other case, the person by whom the oil is received in India.
(5) A person shall not be liable to pay contributions to the Fund in respect
of the contributing oil imported or received by him in any year if the
106
109
Part X
INVESTIGATIONS AND INQUIRIES.
191. A marine casualty shall be deemed to occur when it has resulted in any of
the following, which has occurred directly in connection with the
operations of the ship :1) death of or a serious injury to a person.
2) loss of a person from vessel
3) the loss, presumed loss or abandonment of a vessel,
4) material damage to a vessel
5) stranding or disablement of a vessel or the involvement of a vessel in
collision.
6) material damage to marine infrastructure external to a ship that could
seriously endanger the safety of the vessel, another vessel or an individual;
7) severe damage to the environment or the potential to severe damage to
the environment, including the Exclusive Economic Zone, brought by
about by the damage of a vessel.
192. Report of shipping casualties to Central Government.
(1) Whenever the Director General receives credible information that a
shipping casualty has occurred, he shall forthwith designate such an officer
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 Director General.
(3) In circumstances as provided under the Casualty Investigation Code
under the Safety Convention, on receipt of the Preliminary Inquiry Report
under subsection (1), the Casualty Investigation Board constituted under
this Act shall conduct an independent formal inquiry into the shipping
casualty, including but not limited to any inquiry into charges of
incompetency, fitness or misconduct of any person or body of persons
associated with the management, operation, survey and certification of the
vessel, and the Casualty Investigation Board shall thereupon make a
Report of such investigation, which may include appropriate
recommendation
Provided that for the purpose of any inquiry or investigation under this
Part into any charge against such person or body of persons, the said
person or body of persons shall be given an opportunity to appear, and of
making a defence either in person or otherwise.
(4) The Casualty Investigation Board shall have the power to board a
vessel, interview the Master or seafarers on board that ship or any other
person or body of persons involved in the management, operation or
110
of the conclusions at which it has arrived together with the evidence, which
the Central Government may then cause to be published in the Official
Gazette.
(2) Where the investigation or inquiry affects a Seafarer 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.
(3) A certificate of a Seafarer granted under this Act may be cancelled or
suspended under this Part if the Director General, on the basis of the report
submitted by the Board, finds that the casualty has been caused by the
wrongful act or default of such certificate holder, or that he is found
incompetent or held guilty of misconduct or in a case of collision has failed
to render such assistance or give such information as is required by section
133.
Provided that the seafarer shall be given an opportunity to appear, and of
making a defence either in person or otherwise.
Part XI
WRECK AND SALVAGE
197. Wreck
Application of this Part to wrecks.
This Part shall apply to the wrecks located within the territory of India
including the territorial sea or any marine areas adjacent thereto over
which India has, or may hereafter have, exclusive jurisdiction under the
Territorial Waters, Continental Shelf, Exclusive Economic Zone and other
Maritime Zones Act, 1976:
Provided that this part shall not apply to,(a) any measures taken under the International Convention relating to
Intervention on the High Seas in Cases of Oil Pollution Casualties, 1969, as
amended from time to time;
(b) any warship or other ship owned or operated by the Government for
non-commercial service.
198. Receivers of wreck.
1. The Central Government, may by notification, appoint any person to
be the Receiver of Wreck to receive and take possession of Wreck
and to perform such duties connected therewith as are hereinafter
mentioned, within such limits as may be specified in the notification.
2. A person appointed as receiver of wreck under sub-section 1 shall
have the right to receive and take possession of wreck with all
powers in respect thereof, including powers for disposal and / or
sale of the wreck, power to give notices, power to enforce
performance of obligations by owner, operator, insurer of the ship,
as provided in this part, and take such action as is required to
remove the wreck by the most practical and expeditious means
available, consistent with considerations of safety and protection of
maritime environment.
199. Duty to report wrecks.
1.
2.
and the operator of that ship shall, without any delay, report such
incident to the affected country in such manner as may be required
by that country and shall also report such incident to the Director
General, as prescribed.
3.
When any ship other than Indian ship has been involved in a
maritime casualty resulting in a wreck in any area to which this Part
applies, the master and the operator of the ship shall, without any
delay, report such incident to the receiver of wreck and the office of
the Director General, as prescribed.
c.
115
2.
The registered owner of the ship or, as the case may be, the operator
of the ship shall remove such wreck which has been determined to
constitute a hazard:
2.
Nothing contained in this part shall affect the right of the registered
owner to limit his liability in accordance with the provisions of
section.under Part IX .
2.
3.
4.
5.
Any claim for costs arising under this Part may be brought directly
against the insurer or other person providing financial security for
the registered owners liability and in such a case, the insurer or
such person may invoke defences (other than bankruptcy or
winding up of the registered owner) which the registered owner
would have been entitled to invoke, including limitation of liability
117
The registered owner shall not be liable under this part for meeting
the costs referred to in section 205 if, and to the extent that, liability
for such costs is in conflict with;-
Where measures are taken under this Part, to the extent such
measures are construed to be salvage under the provisions of section
213, the provisions of said section 213 shall apply for the purposes of
remuneration or compensation payable to salvers.
delivered to him.
2. Where any articles belonging to or forming part of a ship other than
an Indian ship which has been wrecked or belonging to and forming
part of the cargo of such ship, are found in any area to which this
part applies or are brought into any port in India, the consular
officer of the country in which the ship 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 respect to the custody and disposal of the articles.
3. Where the owner of the wreck does not appear and claim the
balance of the proceeds of sale within one year from the date of sale,
the said balance shall become the property of the Central
Government.
209. Extinguishment of right to claim recovery of costs.
1. The right to recover costs under this part shall be extinguished
unless an action is brought hereunder within three years from the
date on which the hazard has been determined in accordance with
this part Part.
2. However, in no case shall an action be brought after six years from
the date of the maritime casualty that resulted in the wreck.
3. Where the maritime casualty consists of a series of occurences, the
six year period shall run from the date of the first occurrence.
Salvage
210. This part applies to judicial or arbitral proceedings relating to salvage
operations in respect of a ship or any other property, which are brought in
India:
Provided that this part shall not apply to the fixed or floating platforms
or to mobile offshore drilling units when such platforms or units are on
location engaged in the exploration, exploitation or production of sea-bed
mineral resources:
Provided further that this part shall also not apply to warships or other
non-commercial ships owned or operated by the Government which are
entitled, at the time of salvage operations, to sovereign immunity.
211. In this Part, Ship means any ship or craft, or any structure capable of
navigation.
119
212. (1) Every master is bound, so far as he can do so without serious danger to
his vessel and persons thereon, to render assistance to any person in
danger of being lost at sea, and or to property, and for such assistance
or salvage rendered, there shall be a salvage award payable.
(2) The owner of the vessel shall incur no liability for any breach of the
duty of the master under paragraph (1) above.
213. Salvage payable for saving life, cargo or wreck.
1. Where services are rendered
a. wholly or in part within the territorial waters of India in saving life
from any ship, or elsewhere in saving life from a ship registered in
India ; or
b. in assisting a ship or saving the cargo or equipment of a ship which
is wrecked, stranded or in distress at any place to which this part
applies as specified in section 197;
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 ship, cargo,
equipment or wreck, a reasonable sum for salvage having regard to all
the circumstances of the case.
3.
123
223. Application of Part. This Part applies to all vessels excluding warships
and ships registered under any other enactment in India.
224. Licensing of ships.
(1)
(2)
(4)
(5)
(i) the ports or places, whether in or outside India, to which, and the routes
by which, the vessel shall proceed for any particular purpose;
(ii) the diversion of any vessel from one route to another for any particular
purpose;
(iii) the classes of passengers or cargo which may be carried in the vessel ;
(iv) the order of priority in which passengers or cargo may be taken on or
put off the vessel at any port or place, whether in or outside India;
(b) in the case of a vessel which has been granted a licence under section
224 with respect to the order of priority in which passengers or cargo may
be taken on the vessel at any port or place in India from which she is about
to proceed for any port or place in India at which she is to call in the course
of her voyage.
(2) The Director General may, by notice, require
(a) the owner, master or agent of any vessel 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 vessel in respect of which any
directions have been or may be given under clause (b) of sub section (1), to
furnish within the period specified in the notice information as to
(i) the classes of passengers and cargo which the vessel is about to carry or
is capable of carrying or has carried during any specified period;
(ii) any other matter which may be prescribed.
228. Powers of the Central Government to protect interests of Indian shipping
from undue foreign intervention.
(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 order issued under sub-section (1) is in force in relation to any
measures, it shall be the duty of every person in India who carries on
business consisting or comprising of the carriage of goods or passengers by
sea to give notice to the Central Government of any requirement or
prohibition imposed or threatened to be imposed on him pursuant to such
measures so far as this section applies to him, including any requirement to
submit any contract or other document for approval thereunder.
(3) Where a notice under sub-section (2) is received from any person or
there are grounds to believe that a notice is likely to be received; the
Central Government may, by an order in writing, give to such person
directions prohibiting compliance with any such requirement or
126
127
230.
determining the limits within which they may be used for purposes of
trading;
(k) the equipment which vessels or any class of vessels should carry
including equipment relating to life saving and fire appliances, lights
shapes and signals required by the collision regulations;
(l) The scale and type of accommodation; ;
(m) the authority to which information regarding certificates of registry,
registry of alterations and issue of fresh certificates of registry under this
Part is to be sent by registrars;
(n) the qualifications to be possessed by Masters, skippers tindals and other
members of the crew of vessels, the issue of Certificates to seafarers and
permits to tindals and skippers and of identity cards to other members of
the crew, the conditions for the issue of such permits and identity cards
and the cancellation or suspension thereof;
(o) the assignment of free board to vessels;
(p) the marking of such free board on such vessels and the maintenance of
such markings;
(q) any other matter which has to be or may be prescribed.
129
232. Any vessel attempting to ply or proceed to sea without free board
markings or any vessel which has been so loaded as to submerge such
markings or carrying persons in excess of the certified capacity, may be
detained by a proper officer until the vessel complies with the Rules made
in this behalf.
Nothing in this section relating to free board, shall apply to any vessel in
respect of which a load line has been assigned under Part VI.
233. Certificates
(1) No vessel shall ply or proceed to sea unless there is in force in respect of
that vessel a prescribed certificates granted under this Part, the same being
applicable to the voyage on which she is about to ply or proceed.
(3) Every certificate shall be in force for such period as prescribed Provided
that where a vessel is not at a Port at the time of expiry of the certificate, the
Owner, Master, tindal or skipper of that vessel shall notify the Director
General and the certificate shall continue to be valid until her first arrival at
the next port after the expiry of such period.
(4) No proper officer shall grant a port clearance to a vessel registered
under this Part until after the production by the owner, Master, tindal or
skipper thereof of a certificate granted under this Part in respect of the
vessel.
234. Decision of question whether a vessel falls under this Part:The question whether a vessel falls under this Part shall be decided by the
Director-General and his decision thereon shall be final.
235. Statement relating to crew of vessels to be maintained (1) Every Owner,
Master or tindal or skipper of a 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
communicated as soon as possible to the Shipping Master.
236. Jettisoning of cargo
If any Owner, Master or tindal or Skipper of a 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
or place in India give notice of such jettisoning to the Director General; and
such notice shall contain full particulars of the cargo jettisoned and the
130
to show cause as to why the penalties as prescribed in the 4th column of the
table below should not be levied and recovered from him and the person
has been granted a personal hearing in the matter.
(4) An Appeal will lie from every order imposing penalty under this
Section. The Appeal shall be filed in the manner as prescribed and subject
to such conditions as may be imposed. The Appeal shall lie to the Director
General of Shipping, whose order shall be final and binding on all parties.
1.
2.
3.
4.
5.
6.
7.
8.
8(1)
10
11(2)
11
12
13(1),
13(2)
15(1)
26
132
9.
If
any
distinctive
national colours except
those, declared under
sub-section
(1)
of
section 31 are hoisted
on board by Indian
vessel.
If a person contravens
section 31(4).
31(1)
11.
If an owner or master
contravenes section 32.
32
12.
If default is made in
complying with section
31(2).
31(2)
13.
Gener
al
10.
31(4)
133
14.
declaration
or
document containing
any
such
false
statement knowing the
same to be false.
If
(a) any person causes
a vessel or fishing
vessel to proceed to sea
without the required
certificated personnel.
(b) any person having
been engaged as one of
the officers referred to
in Section 40 goes to
sea as such officer
without being duly
certificated.
(c) any master fails to
submit the required
crew list or fails to
report the changes
made in the list before
commencing
the
relevant voyage.
Gener
al
40
43
15.
52,53
16.
If a person engages or
carries any sea-man to
sea in contravention of
section 53.
53
17.
54
18.
54
Imprisonment
which
may extend to six
months or fine which
may extend to fifty
thousand rupees, or
both.
Imprisonment
which
may extend to six
months or fine which
may extend to twenty
five thousand, or both.
19.
20.
21.
22.
23.
rupees.
53
Gener
al
Gener
al
54
53
Imprisonment
which
135
24.
If a master fails to
comply with section 53.
53
25.
Gener
al
26.
27.
28.
61
61
Gener
al
Imprisonment
which
may extend to six
months, or fine which
may extend to twenty
thousand, rupees, or
both.
136
29.
belong to him.
If any person acts in
contravention of subsection (5) of section 61.
61(5)
If a master (a)
fails
without
reasonable cause to
comply with section 62;
(b) delivers -a false
statement
for
the
purpose of 62.
If any person fails,
without
reasonable
cause, to comply with
any requisition under
section 66.
If
a
seaman
contravenes
subsection (2) of section 56.
62.
33.
55(2)(i)
34.
Gener
al
35.
If a seaman or an
71(10)(
30.
31.
32.
62
66
56(2)
Imprisonment
which
may extend to one
month, or fine which
may extend to four
thousand rupees, or
both,
but
nothing
herein shall take away
or limit any other
remedy which any
person
would
otherwise have for
breach of contract or
refund of the money
advanced or otherwise.
Fine which may extend
to double the average
wages per hour payable
to the seaman for
working beyond fortyeight hours"
Imprisonment
which
may extend to one
month, or fine which
may extend to forty
thousand rupees, or
both.
Imprisonment
which
137
36.
37.
38.
owner
contravenes
section 71(10)(b).
b)
If a master fails to
comply
with
the
provisions of this Act
with respect to taking
charge of the property
of a deceased seaman
or apprentice or to
making in the official
logbook the proper
entries relating thereto
or to the payment or
delivery
of
such
property as required by
section 62.
If the master of an
Indian vessel fails or
refuses
without
reasonable cause to
receive on board, his.
vessel or to give a
passage or subsistence
to, or to provide for,
any seaman contrary to
of section 74.
(a)If a master fails to
comply
with,
or
contravenes
any
provision of
section
55(2);
62
76
74
55(2)
138
39.
40.
41.
Gener
al
76
76
(b) if obstruction is
caused to the port
health officer in the
discharge of his duty.
42.
If any foreign-going
vessel referred to in
section 76 does not
carry on board a duly
qualified
medical
officer.
76
139
43.
44.
45.
46.
47.
If a master fails,
without
reasonable
cause; to comply with
section 79.
If any person fails to
comply
with
subsection 81.
If any person goes on
board a vessel contrary
to section 82.
If a master, seaman or
apprentice contravenes
section 85.
79
81
If
a
seaman
or
apprentice (a) deserts his vessel;
84
(b)
contravenes
section 84.
84
of
82
85
140
48.
49.
If
any
person
contravenes
section
84(4).
If a seaman is guilty of
the offence specified in
section 85;
84 (4)
85
amount to desertion, be
liable to forfeit out of
his wages a sum not
exceeding two days pay
and in addition for
every
twenty-four
hours of absence either
a sum not exceeding six
days' pay or any
expenses
properly
incurred in hiring a
substitute and also to
imprisonment
which
may extend to two
months
Fine which may extend
to
eight
thousand
rupees.
Forfeiture out of his
wages of a sum not
exceeding one month's
pay.
Forfeiture out of his
wages of a sum not
exceeding two days'
pay;
Imprisonment
which
may extend to one
month and also for
every
twenty-four
hours of continuance of
such disobedience or
neglect, forfeiture out
of his wages of a sum
not exceeding six days'
pay or any expenses
which may have been
properly incurred in
hiring a substitute;
Imprisonment
which
may extend to three
months, or fine which
141
88
Imprisonment
which
may extend to one
month, or fine which
may extend to ten
thousand rupees, or
both.
51.
If a seaman on or
before being engaged
wilfully
and
fraudulently makes a
false statement of the
name of his last vessel
or alleged last vessel or
wilfully
and
fraudulently makes a
false statement of his
own name
If a master or owner
neglects or refuses to
pay over the fine under
sub-section
(1)
of
section 93.
If
any
person
contravenes section 94.
Gener
al
93
94
54.
95
55.
96
52.
53.
142
prohibition obtained in
section 96;
56.
57.
58.
59.
60.
61.
96
98
99
Imprisonment
which
may extend to three
months, or fine which
may extend to forty
thousand rupees, or
both
Fine which may extend
to
eight
thousandrupees
Gener
al
(b)If
any
person
contravenes
subsection (1) of section
100.
If any person wilfully
destroys or mutilates
or renders illegible any
entry in any official log
book or wilfully makes
100(1)
100
100(3)
Gener
al
143
62.
63.
64.
65.
66.
or procures to be made
or assists in making a
false or fraudulent
entry in or omission
from an official log
book.
If a master fails,
without
reasonable
cause, to comply with
section 100(4).
If a certificate or survey
is not affixed or kept
affixed as required by
section 101.
If a vessel carries or
attempts
to
carry
passengers
in
contravention
of
section 199 or has on
board a number of
passengers
in
contravention
of
section 110.
(a)If a person is guilty
of any offence specified
in sub-section (4) of
section 110;
(b)If
a
person
contravenes
subsection (4) of section
110.
If the master owner or
agent of a special
General'
trade
passenger vessel, after
having obtained any of
the
certificates
mentioned in Part VI,
fraudulently does or
suffers to be done
anything whereby the
100(4)
101
101
110
110(4)
110 (4)
Gener
al
144
67.
68.
certificate
becomes
inapplicable to the
altered state of the
vessel, or special trade
passengers
other
matters to which the
certificate relates.
If any vessel proceeds
or attempts to proceed
to sea without carrying
on board the information- required by
section 108.
If any vessel is loaded
in contravention of
section 109.
108
109
69.
70.
71.
109(1)
109(2)
101 (4)
101(4)(
k)
109
other
circumstance
which
neither
the
master nor the owner
nor the chatterer, if any,
could have prevented
or forestalled.
Fine which may extend
to
forty
thousand
rupees;
72.
If a person is guilty of
an offence under or if a
master is guilty of an
offence
under
of
section 112.
112
73.
If an Indian nuclear
vessel proceeds or
attempts to proceed to
sea in contravention of
sub-section
(1)
of
section 286.
If a master or person in
charge of a vessel fails,
without
reasonable
cause to comply with
section 105.
111(2)
104
74.
75.
76.
77.
78.
79.
105
101(4)(
p)
101(4)(
q)
101(4)(
q)
120
would
have
been,
increased by reason of
the submersion.
Imprisonment
which
may extend to six
months, or fine which
may extend to forty
thousand rupees, or
both.
The master or owner
shall be liable to fine
which may extend to
two lakh fifty thousand
rupees.
Imprisonment
which
may extend to three
months or fine which
may extend to one lakh
twenty
thousand
rupees, or both.
Fine which may extend
to twenty thousand
rupees.
80.
81.
82.
83.
(ii)
where such
foreign
tanker
anywhere within the
coastal waters of India.
120
127.
If the owner of an
Indian vessel fails to
comply with section
120(1)(b).
If the owner of an
Indian vessel or an
person fails to comply
with the rules made or
measure taken by the
Central
Government
under Section 410.
120(1)(
b)
124
122(1)
148
84.
85.
86.
87.
88.
If the master of a
vessels
fails
to
maintain records as
required by section
126(2)(d).
If the master of a vessel
fails
to
maintain
records as required by
section 121.
126(2)(
d)
121
If
any
person
contravenes any of the
provisions of section
202.
(a) If a vessel is taken
to sea in contravention
of section 224 or if a
vessel engages in the
coasting
trade
in
contravention
of
section 224; or
202
224
(b)
if,
without
reasonable excuse, any
limitation or condition
contained in a licence
granted under section
224 is contravened.
If a person to whom a
licence under section
224 has been granted
fails to comply with
224
225
149
89.
90.
91.
92.
93.
section 225.
(a) If any directions
given under section 496
are not complied with;
or
227(1)
228(3)
232
233
227(2)
Imprisonment
which
may extend to six
months, or fine which
may extend to twenty
thousand rupees, or
both.
5(1)
231
94.
95.
96.
inspection as required
by section 232, or if any
of the terms and
conditions specified in
such certificate are
contravened.
If the owner fails to
comply with section
231.
If the owner or tindal
fails to comply with
any of the provisions of
section 235.
If the owner or tindal
fails to comply with
section 236,
231
235
236
97.
236
98.
238
99.
245(2)
100.
101.
247(3)
254(2)
In the event of the offences set out in the second column to the table
mentioned under section 240, which attract any other punishment than
payment of any fine or the power to detain the vessel or both , under
provisions of this Act , such person may be tried for such offence in any
place in which he may be found or in any court which the Central
Government may, by notification in the Official Gazette, direct in this
behalf, or in any Court of competent jurisdiction.
Explanation For the purposes of this Part, Court shall mean no Court
inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the
first class.
242. Special provision regarding punishment. Notwithstanding anything
contained in section 29 of the Code of Criminal Procedure, 1973, it shall be
lawful for a 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
243. Cognizance of offence.-The penalties to which the Masters and Owners of
Special Trade Passenger Vessels are made liable by Section 240 shall be
enforced only on a report made by the proper officer in this behalf.
244. Offences by companies.1. If the person committing an offence under this Act is a company,
every person who, at the time of 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 proved in this Act, if he proves
that the offence was committed without his knowledge or that the
exercised all due diligence to prevent the commission of such
offence.
152
1. Whenever, in the course of any legal proceeding under this Act instated
at anyplace in India before any court or magistrate or before any person
authorised by law or by consent of parties to received evidence, the
testimony of any witness is required in relation to the subject-matter, and
the defendant or the person caused (as the case maybe), after being
allowed a reasonable opportunity for so doing, does not produce the
witness before the court, magistrate or person so authorised, any
deposition previously made by the witness in relation to the same subjectmatter before any court, justice or magistrate in any other place in India or,
if elsewhere, before a Marine Board or before any Indian consular officer,
shall be admissible evidencea. if the deposition is authenticated by the signature of the presiding
officer of the court of the justice, magistrate or Marine Board or consular,
officer, before whom it is mad;
247. Power to enforce detention of vessel.- (1) Where under this Act a vessel 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 vessel.
(2) If any vessel after detention, or after service on the master for any notice
of, or order for, such dentition proceeds to sea before she is released any
competent authority, the master of the vessel shall be guilty of an offence
under this sub-section.
(3) When a vessel 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 surveyor the vessel, the owner, master or agent of such vessel shall each
be liable to pay all expenses of, and incidental to, such person being so
taken to sea and shall also be guilty an offence under this sub-section.
(4) When any owner, or master or agent is convicted of an offence under
sub-section (3), the convincing magistrate may inquire it and determine the
amount payable on account of expenses by such owner, master or agent
under that sub-section and may direct that the same shall be recovered
from him in the manner provided for the recovery of fines.
154
248. Levy of wages, etc., by distress of movable property or vessel.- (1) When n
order under this Act for the payment of any wages or other sums of money
is made by a court, magistrate of the officer or authority, and money is not
paid at the time or in the manner directed, the sum mentioned in the order
with such further sum as maybe thereby awarded for costs, maybe levied
by distress and sale of the movable property of the person directed to pay
the same under a warrant to issued to be for that purpose by such a
magistrate.
(2) Where any Court or Judicial Magistrate of the first class or Metropolitan
Magistrate or other officer] or authority his power under this Act to make
on order directing payment to be made of any seaman's wages, fines or
other sums of money, then if the person directed to pay the same is the
master, owner or agent of a vessel and the same is not paid a the time or in
the manner directed by the order, the court, magistrate, officer or authority
may, in addition to any other, the court, magistrate, officer or authority
may, in addition to any other power it or he may have for the purpose of
compelling payment by warrant, direct the amount remaining unpaid to be
levied by distress and sale of the vessel and her equipment.
249. Notice to be given to consular representative of proceedings taken in
respect of foreign vessel.- If any other than an Indian sip is detained under
this Act, or if any proceedings are take under this Act, against the master,
owner or agent of any such vessel, notice shall for with be served on the
consular officer of the country in which the vessel is registered, at or
nearest to the port where the vessel is for the time beings, and such notice
shall specify the grounds on which the vessel has been detained or the
proceedings have been taken.
250. Service of documents.- Where for the purpose 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 personality 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 vessel, where there is
one, or a person belonging to a vessels, by leaving the same for him on
board that vessel, with the person being or appearing to be in command or
charge of the vessel; and
(c) if he document is to be served on the master of a vessel where there is
no master and the vessel is in India, on the owner of the vessel, or, if such
owner is not in India, in some agent of the owner residing in India, or,
where no such agent is known or can be found, by affixing a copy thereof
to the master of the vessel.
155
PART XV
MISCELLANEOUS
251. Birth and Death of persons on board vessel during a voyage:The Master of any vessel performing a voyage shall, on arrival, at the next
port or place of call, notify the proper officer, the date of any birth during
the voyage and date and supposed cause of death of any person who may
have died during the voyage, as prescribed.
252. Inquiry into cause of death on board Indian vessel.
(1) If any person dies on board a foreign-going Indian vessel, the proper
officer at the port where the crew of the vessel is discharged, or the proper
officer at any earlier port of call in India, shall, on the arrival of the vessel 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 vessel 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.
253. Certain persons deemed to be public servants.The following persons
shall be deemed to be public servants within the meaning of section 15 of
the Indian Penal Code, namely:
(a) every surveyor;
(b) every Judge, assessor or other person acting under Part X;
(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 IX and all persons whom he calls to his aid;
(e) every person directed to make an investigation into an explosion or fire
on a vessel;
(f)every other officer or person appointed under this Act to perform any
functions thereunder.
254. Powers of persons authorised to investigate, etc.
(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 vessel
(a) may go on board any vessel 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
156
257. Power to prescribe measures for security etc.Central Government may for the purpose of maintaining security as
defined in this Act prescribes such measures including installation of
security alert system, equipment, fitting, appliances or such apparatus, or
for their removal thereof, as may be prescribed which shall be complied
with by all vessel covered under Part III, and XIII of the Act. The noncompliance of such measures shall be construed as an offence under
Section 112 and 115 of the Act.
157
aforesaid, both Houses agree in making any modification in the rule or the
regulations, or both Houses agree that that rule or regulation should not be
made, the rule or regulation shall, thereafter, have effect only in such
modified form or be of no effect, as the case may be; so, however, that any
such modification or annulment shall be without prejudice to the validity
of anything previously done under that rule or regulation.
262. Power to issue orders, notices and circulars:
The Directorate General shall issue orders, notices and circulars for
effective implementations of the provisions of this Act.
Explanation:
A. Matters concerning interpretation or implementation
of this Act or any exemption granted under section
259 of the Act shall be by way of orders.
B. Matters concerning interpretation or implementation
of any of the rules or regulations promulgated under
this Act shall be by way of notices.
C. Circulars shall contain all matters regarding any
clarification or guidance in relation to the rules or
regulations promulgated or notices issued under this
Act.
263. Power of the Central Government to constitute Boards:(1) The Central Government may constitute:a) Seamens Welfare Board, for the purposes of Seamens Welfare,
b) National Shipping Board to advice the Government on matters
relating to Indian Shipping and its development thereof;
c) Casualty Investigation Board referred under Part X.
d) Any other Board to give effect to the provisions of this Act.
(2) The Central Government, may by notification, make rules providing for
a)
the composition of each of the above Boards and
their terms thereof;
b)
the travelling and other allowances payable to
members of the Board;
c)
the levy of any fees, its collection thereof by the
Board and the utilization of the fees;
(3) Each of the Boards will have the power to regulate its own procedure.
264. Power to constitute committees to advise on rules, regulations and scales of
fees.
(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
159
161
Annexure-II
The five parts being PART X, PART XA, PART X B, PART XC and the newly introduced
BUNKER CONVENTION have been merged to form a single part with separate sub parts.
In revisiting these portions, it was noticed that there were some portions of the
Conventions which was not adequately covered in the Act, and therefore those portions
have been set out in the same wordings as provided for in the Convention.
PART X- INVESTIGATION AND INQUIRIES:
SOLAS Convention, to which India is a party and is required to comply with its obligations
to IMO, requires that an Investigation and Inquiry process mechanism be established
within the national framework, which will investigate all marine casualties and the
purpose of this Investigation is not punishment; the purpose of this investigation is
determine the cause of the casualty so that lessons can be learnt for the future. India is
also obliged to share the findings of its casualty investigation with the international body,
so that the dissipation of knowledge is to the wider audience.
To comply with this requirement of IMO/ SOLAS, the Act had vested the jurisdiction for
such casualty investigations to be carried out by the Judicial Magistrate of first class or
Metropolitan Magistrate. The Act provided that the Central Government would notify a
Court to be the Court for the purposes of the Investigation / Inquiry; this specially
constituted Court was provided the assistance of Assessors, who could guide the Court on
technical matters. At the end of the inquiry, the Court would submit its report on the
investigation to the Central Government. Reports, if received, were almost 20 years later,
when the investigation inquiry held no relevance, as shipping had progressed
considerably in this period and the mistakes/ errors in the past were no longer relevant in
the new age regime.
In reality therefore, although we had introduced a mechanism in our national law to
comply with the requirement of SOLAS, the same served no useful purpose. In this rewriting exercise, the need was felt to introduce a proper body which would be competent
to conduct such Casualty Investigations. The power to inquire and investigation is now
vested upon the Casualty Investigation Board which has been quasi judicial powers
under the act. This Board will be an independent body, unconnected with the Directorate
General of Shipping with an independent constitution, may even be chaired by a retired
Judge of the High Court and other members on the Board may be technical persons, with
knowledge of nautical and engineering branch of shipping.
PART XI WRECK AND SALVAGE:
It was noticed that there were several portions in this Part which could be taken into
Rules, some parts did not follow the Convention in its letter and spirit and therefore,
some modifications carried out to bring this Part more in line with the 2 Conventions and
Indias obligations under this Convention.
PART XII CONTROL OF INDIAN SHIPS AND SHIPS ENGAGED IN COASTING TRADE:
3
This part which had 11 sections initially has now revised to 7 sections. The provision
relating to revocation, modification and surrender of license has been merged to form a
single section. Also, the provision relating to power to issue directions and call for
information has been combined together to form one section. It is noteworthy that the
provision relating to the rated of passenger fares and freight charges applicable to ships
has been deleted.
PART XIII SAILING, FISHING AND OTHER VESSELS:
The parts relating to Sailing, Fishing and Other Vessels has been reworked to be one Part
considering the like provisions applicable to the said categories of vessel in total. This
rework has reduced the section from 54 to 10.
PART XIV PENALTIES AND PROCEDURES:
The part has been revised to bring the penalties more in line with current standards; fines
will now be levied by the Directorate General of Shipping, after following due process of
law by issuing a Show Cause Notice and giving the person a fair opportunity to be heard
before any orders are passed.
PART XV- MISCELLANEOUS:
In this part we have introduced NSB, Casualties Investigation Board, Seamens Welfare
Board and given the Board power to regulate its own procedures, such that no power of
the NSB as it exists today, is taken away. The constitution of the NSB is a procedure and
may be put into Rules. This will harmonize the provisions between NSB and SWB, so that
there is no disparity between 2 similar boards in one Act.
The last PART XVI contains the Repeals provisions.