THE MERCHANT SHIPPING ACT, 1958 ARRANGEMENT OF SECTIONS PARTI PRELIMINARY Szcrions 1, Shor title and commencement 2. Application of Act 3 PART IL NATIONAL SHIPPING BOARD 4, Establishment of National Shipping Boacd. 5, Funetions of National Shipping Board 6, Power to make rules in respect of matters in this Part. PART IIL GENERAL ADMINISTRATION 7. Director-General of Shipping. 8, Mercantile Marine Department 9, Surveyors 10, Radio inspectors 1. Shipping offices, 12, Seamen's employment offices 13. Seamen's welfare officers [PART 1V—Omited. PARTV REGISTRATION OF INDIAN SHIPS 20. Application of Part 21. Indian ships 22, Obligation to register. Procedure for registration 23, Ports of registry 24, Registrars of Indian shipsSECTIONS 25, 2%, 21, 28 2, 30. 31 32. xB 42. 4 44 45 46. 41. 48 49, 50, si 33, 54. Register book Application for registry Survey and measurement of ships before registry. Marking of ship. Declaration of ownership on registry Evidence on first registry Entry of particulars in register book. Documents to be retained by registrar Power of Central Government to inquire into ttle of Indian ship to be so registered. Certificate of regisry Grant of certificate of registry . Custody and use of certificate. Power to grant new certificate when original certificate is defaced, lost, etc. Endorsement on certificate of change of master. Endorsement on certificate of change of ownership. ). Delivery of certificate of ship lost or ceasing to be an Indian ship. |. Provisional certificate for ships becoming Indian ships abroad. ‘Temporary pass in lieu of certificate of registry Transfers of ships, shares, ete Transfer of ships or shares, Registry of transfer, ‘Transmission of property in Indian ship on death, insolvency, etc. Order for sale where ship has ceased to be an Indian ship. ‘Transfer of ship on sale by order of court. ‘Mortgage of ship or share. Entry of discharge of mortgage. Priority of mortgages. Mortgage not deemed to be owner. Rights of mortgagee. Mortgage not affected by insolvency. ‘Transfer of mortgages. ‘Transmission of interest in mortgage in certain circumstancesName of ship SecTions 55, Rules as to name of ship. Registry of alterations, registry anew and transfer of registry 56. Registry of aterations 57. Regulations for registry of alterations. 58. Provisional certificate and endorsement where ship is to be registered anew. 59, Registry anew on change of ownership. 60, Procedure for registry anew. 61. Transfer of registry. 62. Restrictions on r-regstry of abandoned ships. National character and flag 63, National colours for Indian ships 64, Unlawful assumption of Indian character. 65. Concealment of Indian, or assumption of foreign, character. 66. Indian ships to hoist proper national colours in certain cases. 67. National character of ship to be declared before clearance Miscellaneous 68, Liabilities of ships not recognised as Indian ships. 69, Proceedings on forfiture of ship 70, Notice of trast not received. 7 Liability of owners, 72. Evidence of register book, certificate of registry and other documents 73, Power to register Government ships under this Pat 74, Power to make rules in respect of matters in this Part PART VI CERTIFICATES OF OFFICERS Masters, mates, engineers, skippers, et 75, Application of Part. 175A. Definitions 16. Certificates of competency to be held by officers of ships 77. When officers deemed duly certiicated, 78, Grade of certificates of competency 79, Examination for, and grant of certificateSECTIONS 80, [Omited. 81, Form of certificates. 82. Record of orders affecting certificates, 83. Loss of certificates, 84, Production of certificates of competency to shipping master, 85. Power to cancel or suspend certificates obtained on false or erroneous information, 86. Recognition of certificate of competency granted in other countries, 836A. Foreign ships not to sail without certificated officers. 87. Power to make rules. PART VIA OBLIGATION OF CERTAIN CERTIFICATE HOLDERS TO SERVE GOVERNMENT OR IN INDIAN SHIPS 87A. Definitions. 87B, Holders of certificates to serve the Government or in Indian ships for certain period. 87C, Exemption from section 87B. 87D. Particulars of certificate, ete. to be furnished, PART VIL SEAMEN AND APPRENTICES Classification of seamen, seafarer, maritime labour standards and prescription of minimum ‘manning scale 88, Power to classify seamen 88A. Definitions. 88B, Application of maritime labour standards to seafarers and ships. Shipping Masters 89. Duties of shipping masters 90. Fees to be paid, Apprenticeship to the sea service 91. Assistance for apprenticeship to sea serviee. 92. Special provisions as to apprenticeship to the sea service. 93. Manner in which contract is to be recorded. 94. Production of contracts to authorised person before voyage in ship. Seamen's employment offices 95. Business of seamen's employment offices. 96. Supply or engagement of seamen in contravention of Act prohibited.SECTIONS 97. Receipt of remuneration, donation, fees, etc, from seamen for shipping them prohibited. 9A. Prohibition against discrimination, Engagement of seamen 98. Qualifications for, and medical examination of, seamen. 99. Prohibition of engagement of seamen in Indian port without discharge certificate. 9A. Prohibition of engagement of seafarer without seafarer's identity document. 100, Agreements with crew, 101, Form and contents of the agreement. 102. Engagement of seaman where agreement is made out of India, 103. Special provisions with regard to agreements with crew of Indian ships. 104, Renewal of running agreements in certain cases. 105, Changes in crew to be reported 106, Certificate as to agreement with erew. 107. Copy of agreement to be made accessible to the crew. 108, Alteration in agreement with the crew. Employment of young persons 109, Prohibition of engagement of underage persons in certain cases. 110, [Omitted 111, Medical examination of young persons. 112, Maintenance of list or register of young persons in a ship. 113, Power to make rules respecting employment of young persons. Engagement of seamen by masters of ships other than Indian ships 114, Engagements between seamen and masters of ships other than Indian ships. 115, Power to prohibit engagement of persons as seamen, 116, Engagement of seamen outside India for Indian ships, 117, Power to board ships and master seamen. Discharge of seamen 118, Discharge before shipping master. 119, Certificate of discharge 120, Certificate as to work of seamen, 121. Discharge and leaving behind of seamen by masters of Indian ships. 122, Wages and other property of seaman or apprentice left behind, 123, Repatriation of seamen or termination of service at foreign port.Sections 124, Discharge of seamen on change of ownership. Payment of wages 125, Master to deliver account of wages. 126, Disrating of seamen. 127, Deduetions from wages of scamen. 128, Payment of wages before shipping master. 129, Time of payment of wages. 130, Settlement of wages. 130A. Certain undisbursed amounts to be utilised for welfare of seamen 131, Master to give facilities to scaman for remitting wages. 152, Decision of questions by shipping masters. 133, Power of shipping master to require production of ship's papers 134, Rule as to payment to seamen in foreign currency. Advance and allotment of wages 135, Advance of wages 136, Allotment notes respecting seaman's wages. 137, Commencement and payment of sums allotted. Rights of seamen in respect of wages 138, Right to wages and provisions. 138A, Working hours of seamen, 139, Right to recover wages and salvage not o be forfeited 140, Wages not to depend on freight. 141, Wages on termination of service by wreck, illness, et. 142, Wages not to accrue during absence without leave, refusal to work or imprisonment. 143, Compensation to seamen for premature discharge. 144, Restriction on sale of and charge upon wages. Mode of recovering wages 145, Summary proceedings for wages. 146, Restrictions on suits for wages. 147, Wages not recoverable outside India in certain cases. 148, Remedies of master for wages, disbursements, ete Power of courts to rescind contracts 149, Power of Court to rescind contract between master, owner or agent and seaman or apprentice.Disputes between seamen and employers SECTIONS 150, Power to refer disputes between seamen and their employers to tribunals 151. Conditions of service, etc, to remain unchanged during pendency of proceedings before tribunal Property of deceased seamen and apprentices 152, Master to take charge of the effects of deceased seamen. 153. Dealing with and account of property of seamen who die during voyage. 154, Master to pay and deliver property of deceased seamen. 155. Property of deceased seaman left abroad but not on board ship, 156, Dealing with property of deceased seamen. 157, Recovery of wages, etc, of seamen lost with their ship. 158, Property of seamen dying in India. 159, Payment over of property of deceased seamen by shipping master. 159A. Nomination 160. Disposal of unclaimed property of deceased seamen, Distressed seamen 161, Relief and mz nance of distressed seamen. 162, Mode of providing for retum of seamen to proper retum port, 163, Receiving distressed seamen on ships. 164, Provisions as to taking distressed seamen on ships. 165, What shall be evidence of distress, 166, Indian consular office to decide retun port to which or route by which seaman is to be sent 167, Power to make rules with respect to distressed seamen, Provisions, health and accommodation 168, Ships to have sufficient provisions and water. 169, Allowances for short or bad provisions. 170, Foreign going Indian ship to carry duly certificated cook. 171, Weights and measures on board. 172, Beddings, towels, medicines, medical stores, etc. to be provided and kept on board certain ships. 173, Certain ships to carry medical officer. 174, Expenses of medical attendance in case of illness, 175, Accommodation for seaman.SECTIONS 176 176A. Ships to possess \ 177 ITIA. Powe v8, V7. 180. 181 182 185. 184 185. 186 187 18, 189. 199. 191 192 193. 194. 195. 196. 197. 198 199. 200 201 202, Inspection by shipping master, ete, of provisions, water, weights and measures and ymmodation. faritime Labour Certificate and Declaration of Maritime Labour Compliance, Inspection by master of provisions, water and accommodation at sea to make rules to prevent accidents, ete Special provisions for the protection of seamen in respect of litigation Meaning of serving seaman, Particulars to be furnished in plaints, ete Notice to be given in case of unrepresented seaman, Power to set aside decrees and orders passed against serving seaman. Modification of law of limitation where seaman isa party Reference in matters of doubt to shipping masters, Provisions for the protection of seamen in respect of other matters Facilities for making complaints. Assignment or sale of salvage invalid. ‘No debt recoverable till end of voyage. Seaman's property not to be detained. Probibition against solicitation by lodging house keepers. Ship not tbe boarded without permission before seamen leave. Provisions as to discipline Misconduct endangering lite or ship. Desertion and absence without leave. Power to suspend deserter’s certificate of discharge. Conveyance of deserter or imprisoned seaman on board ship. General offences against discipline. Smuggling of goods by seamen or apprentices. Entry of offences in official logs. Report of desertions and absence without leave. Entries and certificates of desertion abroad. Facilit for proving desertion in proceedings for forfeiture of wages. Application of forfeiture Decision of questions of forfeiture and deduction in suits for wages Payment of fines imposed under agreement to shipping master 8SecTIONs 203, Seaman or apprentice not to be enticed to desert 204, Deserters not to be harboured 205, Stowaways and seamen carried under compulsion. 206, Procedure where seaman not shipped in India is imprisoned on complaint of master or 207, Power to send on board seaman not shipped in India who is undergoing imprisonment, 208. On change of master, documents to be handed over to successor. 209, Transmission of documents on transfer of scaman from one ship to another. 210, Leaving behind in India of scaman or apprentice engaged abroad, 211, Deserters from foreign ships, Official logs 212, Official logs to be kept and to be dated, 213, Entries in official log books how and when to be made. 214, Entries required to be made in official log books. 215, Offences in respect of official logs. 216, Delivery of official logs to shipping masters. 217, Official logs to be sent to shipping master in case of transfer of ship or loss. National Welfare Board of Seafarers 218, Functions of National Welfare Board for Seafarers. 218A. Power to make rules for purposes of Maritime Labour Convention. PART VIIL PASSENGER SHIPS Survey of passenger ships 219, Application of Pan. 220. No ship to carry passengers without a certificate of survey. 221. Power of surveyor. 222, Fees in respect of survey. 223, Declaration of survey. 224, Sending of declaration by owner, agent or master to Central Government, 225. Grant of certificate of survey by Central Government, 226, Power of Central Government to order a second survey. 227, Duration of ce 228, Cancellation or suspension of certificate of survey by Central Government, 229, Alterations in ships subsequent to grant of certificate of survey, and additional surveys. 9 ates of survey.SECTIONS 230, 21 232. 233. 234 236. 236. 237. 238. 239, 240, 24 242 243. 244, 248, 246. 247 248, 249, 250 251 252 253, 254 255 256 251 258 259 260, Power to require delivery of expired or cancelled certificate of survey, Cortificate of survey to be affixed in conspicuous part of ship. Ship not to carry passengers in contravention of Act. Keeping Order in Passenger ships Offences in connection with passenger ships. Power to exclude drunken passengers from passenger ships, Ships with certificates of survey or certificates of partial survey granted outside India, Power to make rules as to surveys. Special trade passenger ships and pilgrim ships Notice to be given of day of sailing, Power to enter on and inspect ship. Ship not to sail without certificates A and B. Contents of certificate A. Contents of certificate B. on 8 entitled to grant certificates, Survey of ship. Disoretion as to grant of certificate B, Copy of certificate A to be exhibited, Special trade passengers or pilgrims to be supplied with prescribed provisions. ‘Number of passengers on board not to exceed that allowed by or under this Part Special trade passenger or pilgrim not to be landed at a place other than that at which he has contracted to land, Forwarding of passengers by Indian consular officers Recovery of expenses incurred in forwarding passengers. Ship not to make voyage in contravention of contract. Information to be sent to ports of embarkation and discharge. Reports ete., under section 253 to be admissible in evidence, Destination of ship, time of sailing ete., to be advertised. Ship taking additional passengers at intermediate place, Statements concerning passengers. Death of special trade passengers on vovage. Certain ships to carry medical officer and attendants, Bringing passengers from foreign port in excess of authorised number prohibited 10SECTIONS 261, [Repeated 261. Bunks to be provided for passengers, 261B. Space to be provided for passengers when bunks are not provided, 261C. Airing space to be provided for passengers. 262. Power to make rules as to special trade passenger ships. 263, [Repealed ] 264. Hospital accommodation. 265. [Omitted 266. [Omitted 267. [Omitted 268. [Omitted 269, [Omitted.| 270, Bond where pilgrim ship proceeds on outward voyage, 271, Medical inspection and permission required before embarkation of pilgrims. 272, Medical inspection after embarkation in certain cases. 273, Pilgrims to arrange retum passages. 274, Issue or produetion of tickets. 275, Refund of passage money and deposits. 276. Disposal of unclaimed passage money and deposit. 277. Cost of return journey of pilgrims on ships other than those for which return ticket is available, 278, [Omited. 279, Compensation for delay in sailing. 280, Substitution of ships. 281. Sanitary taxes payable by master of pilgrim ship. 282, Power to make rules relating to pilerim ships. PART IX Savery 283, Countries to which Load Line Convention or Safety Convention applies 283A. Definitions. Construction of ships 284, Construction rules. Prevention of collisions 285, Collision regulations. uSECTIONS 286, Observance of collision regulations, 287, Inspectors of lights and shapes and fog and distress signals, Life saving appliances and fire appliances 288, Power to make rules as to life saving appliances. 289, Rules relating to fire appliances. 290, Inspection of life saving appliances and fire appliances. Installation of Radio Telegraphy, Radio Telephony and Direction Finders 291, Radio requirements. 292, Radio direction finding apparatus 293, Radio log. 294, Powers of radio inspectors. 295, Application of this Part to ships other than Indian ships. 296, Power to make rules. Signalling lamps 297, Signalling lamps. Stability Information 298, Information about ship's stability Safety certificates, safety equipment certificates, safety radio certificates, exemption certificates, ete. 299, Safety certificates and qualified safety certificates for passenger ships. 299A. Safety construction centficates and construction certificates for cargo ships. 2998. Power to make rules. 300, Cargo ship safety equipment and cargo ship equipment certificates for ships other than passenger ships 301, Cargo ship safety radio certificate and qualified cargo ship safety radio certificate ete 302, Exemption certificates, 303, Duration of certifi 304, Modification of safety convention certificates as respects life saving appliances. 305, Recognition of certificates issued outside India, 306, Issue of certificates to foreign ships in Inia and Indian ships in foreign countries, 307, Prohibition on proceeding to sea without certificates 308, Production of certificates by ships other than Indian ships 309, Application of certain sections to certificates. 309A, Alterations pending issue ofa safely convention certificate 12Load lines SECTIONS 310, 31 312, Ships exempt from provisions relating to load lines. Power to make rules as to load lines Marking of deck line and load lines, 312A. Alterations after survey. 313, 314, 315, 316 317 318 319 320 330, 331 Submersion of load lines. Maintenance of load line marks. Inspection of ships with respect to load lines, Load line certificates Issue of load line certificates and effect thereof, ‘Duration and cancellation of certificates, Ships not to proceed to sea without certificate Publication of load line certificate and particulars relating to depth of loading. Insertion of particulars as to load lines in agreements with erew. ‘Special provisions as to ships other than Indian ships Issue to load line certificates to foreign ships in India and Indian ships in foreign countries, ‘Recognition of load line certificates issued outside India, Inspection and control of Load Line Convention ships other than Indian ships Certificate of Load Line Convention ships other than Indian ships to be produced to customs. Marking of deck line and load lines of ships other than Indian ships ‘Submersion of load line of ships other than Indian ships; Inspection of ships other than Indian ships belonging to non-Convention countries. Load line certificates of ships other than Indian ships, Certificates to be produced to customs by ships other than Indian ships registered in non- Convention counties Loading of timber Power to make rules as to timber cargo. Dangerous goods and grain cargoes Carriage of dangerous goods. 331A, Grain loading plan, 332, 333, Carriage of grain Sub-division load lines ‘Submersion of sub-division load lines in case of passenger ships.Unseaworthy ships SECTIONS 334, Unseaworthy ship not to be sent to sea 335, Obligation of owner to crew with respect to scaworthiness, Detention of unsafe ships by the Central Government 336, Power to detain unsafe ship and procedure for detention Costs of detention and damages incidental thereto 337. Liability of Central Government for costs and damage when ship wrongly detained. 338, Liability of shipowner for casts when ship rightly detained. 339, Method of culating costs of detention and survey 340, Power to require from complainant security for costs, et, 341. Costs, et _ payable by Central Government recoverable from complainant 342, Application to ships other than Indian ships of provisions as to detention. 343, Exemption of ships from certain provisions of this Part, 344, Power to make rules respecting certificates under this Part. PARTIXA, NUCLEAR Sus 344A. Application of Act to nuclear ships 344B, Nuclear passenger ship salty centificates and nuclear cargo ship safety certificates 344C. Prohibition of proceeding to sea without certificates 344D, Safety assessment and operating manual 344E, Foreign nuclear ships to give advance notice of arrival 344P, Control on artival of nuclear ships. 346. Notice of accidents to nuclear ships 34411, Application of certain sections to or in relation to certain certificates under section 3448, 344-1, Power to make rules PART IX SECURITY OF SHIPS AND PORT FACILITIES 23443, Application 344K. Definitions 344L. Ship identification number. 344M. Security measures. 344N, Port facility assessment 34-0, Obligations of companies, et. 4SECTIONS 344P. Obligations of port facility 344Q. International Ship Security Certificate. 344R. Ship Security Alert System. 3448. Control measures. 3447. Power to make rules, PART X COLLISIONS, ACCIDENTS AT SEA AND LIABILITY 345, Division of loss in case of collision. 346, Damages for personal injury, 347. Right of contribution. 348, Duty of master of ship to assist in case of collision. 349, Collision to be entered in official log. 350, Report to Central Government of accidents to ship. 351, Notice of loss of Indian ship to be given to Central Government, PART XA. LIMIFATION OF LIABILITY 352. Definitions 352A. Limitation of liability of damages in respect of certain claims. 3528. Limits of liability. 352C. Limitation Fund and consolidation of claims. 352D, Release of ship, 352E. Scope of application. 352F. Application of this Part to charterer, manager, etc., of a vessel. 352PA. Power to make rules, PART XB CIVIL LIABILITY FOR OIL POLLUTION DAMAGE 352G. Application, 352H, Definitions. 352-1. Liability of owner. 3521. Limitation of liability 352K. Constitution of limitation fund. 352L.. Acquisition of right for compensation by subrogation, 352M. Consolidation of claim and distribution of fund, 15SECTIONS 152N. Compulsory insurance or other financial guarantee cates issued outside India, 3520, Acceptance of cert 352P. Ban on entering or caving en Indian port without certificate 352Q. Government ships 352R. Power to make rules. PART XC INTERNATIONAL O11 POLLUTION COMPENSATION FUND 3528, Definitions 3527, Contribution to the Fund 352U. Contribution payable by persons to the Fund 352V. Power to call for information, 352W. Liability ofthe Fund. 352X. Jurisdiction of Courts 352Y. Extinguishment of claims. 3522, Subrogation and right of recourse. 352ZA, Power to make rules PART XI NavIcaTion 353, Method of giving helm orders. 354, Duty to report dangers to navigation 354A. Communication of intelligence regarding dangers to navigation 355, Obligation to render assistance on receiving signal of distress. 355A. Obligation to render assistance to persons in danger 356, Power to make rules as to signals. PART XIA PREVENTION AND CONTAINMENT OF POLLUTION OF THE SFA BY OIL 356A. Application 356B. Definitions 356. Issue of pollution prevention certificate. 356. Issue of certificates for foreign ships in India and Indian ships in foreign counties 356E, Requirement for construction and equipment in ships to prevent pollution. 3568, Record books 356G, Inspection and control of oil tankers and other ships to which this Part applies. 16SECTIONS 356H, Information regarding contravention of provisions of Convention, 356-1, Oil reception facilites at ports in India, PROVISIONS FOR CONTAINMENT OF ACCIDENTAL POLLUTION 3561, Power to give a notice to owner, ete, of polluting ship, 356K. Powers to take measures for preventing or containing oil pollution. 356L, Power of the Central Government to give directions to certain ships to render certain services 356M, [Repealed 356N. [Repealed] 356-0, Power to make rules, PART XIB CONTROL OF HARMFUL ANTLFOULING SYSTEMS OF SHIPS 356P. Application 356Q. Definitions. 356R. Control of anti-fouling systems. 3568. Issuance of International Anti-Fouling System Certificate 356T. Issue of Anti-Fouling System Certificate for foreign ships in India and Indian ships in forcign countries. 356U, Controls of waste materials, 356V, Record of anti-fouling systems. 356W. Inspection and control of all ships above 400 gross tonnage. 356X. Information regarding contravention of the provisions of Convention. 356, Power to make rules. PART XII INVESTIGATIONS AND INQUIRIES 357, Definition of “coasts”. 358, Shipping casualties and report thereof. 359, Report of shipping casualties to Central Government, 360. Application to court for formal investigation, 361, Court empowered to make formal investigation, 362, Power of court of investigation to inquire into charges against masters, mates and engineers. 363, Power of Central Government to direct inquiry into charges of incompetency or misconduct, 364, Opportunity to be given to person to make defence, 365, Power of court as to evidence and regulation of proceedings. 366, Assessors, 367, Power to arrest witnesses and enter ships 368, Power to commit for trial and bind over witnesses. 7SecTions 369, Report by court to Central Government. 370, Powers of court as to certificates granted by Central Government, 371, Power of court to censure master, mate or engineer. 372, Power of court to remove master and appoint new master, Marine Board 373. Convening of Marine Boards outside India, 374, Constitution and procedure of Marine Board. 375, Decisions of Marine Board to be by majority 376, Powers of Marine Board. Miscellaneous provisions relating o cancellation and suspension of certificates 377. Powers of Central Government to cancel, suspend, etc., certificate of master, mate or engincer. 378. Delivery of Indian certificate cancelled or suspended. 379, Effect of cancellation or suspension of certificate 380. Suspended certifi 381, Power of Central Government to cancel or suspend other certificates. te not to be endorsed. Re-hearing of cases 382, Re-hearing, Courts of survey 383, Constitution of court of survey. 384, Appeal from surveyor to court of survey. 385, Powers and procedure of court of survey, 386, Power to make rules Scientific referees 387. Reference in difficult cases to scientific persons. Investigations into explosions or fires on board ships 388, Power to investigate causes of explosion or fire on board ship. 389, Report to be made regarding cause of explosion or fire PART XIIL WRECK AND SALVAGE WRECK 390, Definition of “coasts”, 391. Receivers of wreck, 392. Duty of receiver where vessel is in distress. 393, Power to pass over adjoining lands, 394. Power of receiver of wreck to suppress, plunder and disorder by force. 395, Procedure to be observed by persons finding wreck. 18SecTions 396, Investigation of certain matters in respect of vessels wrecked, ete 397, Notice to be given by receiver: 398, Immediate sale of wreck by receiver in certain eases. 399, Claims of owners to wreck. 400, Prohibition of certain acts in respect of wreck. 401, Search warrants where wreck is concealed. 402, Salvage payable for saving life, cargo or wreck 403, Savings. 404, Power to make rules respecting wreck and salvage. PART XIV ‘CONTROL OF INDIAN SHIPS AND SHIPS ENGAGED IN COASTING TRADE 405, Application of Part. 406, Indian ships and chartered ships to be licensed 407. Licensing of ships for coasting trade 408, Revocation or modification of licence 409, Licences to be surrendered when they cease to be valid. 410, No port clearance until licence is produced. 411, Power to give directions, 4LIA. Powers of the Central Government to protect interests of Indian shipping from undue foreign intervention. 412, (Repealed. } 413, Power of Director-General to call for information, 414, Power to make rules PART XV SAILING VESSELS 415, Application of Part, 416, Decision of question whether a vessel is a sailing vessel 417, Contficate of registry, 418, Particulars relating to sailing vessel to be painted, 419. Change of name of sailing vessel 420, Prevention of overloading or overcrowding. 421, Certificate of inspection 422, Cancellation, re-issue, etc., of certificate of inspection, 423, Registry of alterations. 424, Transfer of registry. 425, Closure of registry. 19SECTIONS 426, Restriction on transfer of sailing vessel 427, Mortgages of sailing vessels. 428, Fraudulent use of certificate of registry or certificate of inspection, ete, prohibited. 429, Statement relating to crew of sailing vessel to be maintained. 430. Inquiry into jetisoning of cargo, 431, Non-Indian sailing vessels not to engage in coasting trade without permission, 432, Detention of overloaded non-Indian sailing vessels. 433, Power of courts to rescind contracts between owner and tindal 434, Application to sailing vessels of other provisions relating to ships. 434A. Insurance of members of crew of asailing vessel, 434B, Policy of insurance, 435, Power to make rules respecting sailing vessels, PART XVA. FISHING BOATS 435A. Application of Part 435B. Definition. 435C. Obligation to register. 435D. Port of registry. 435E, Registrars of Indian fishing boats 435K. Application for registry. 435G. Certificate of registry 43511. Particular relating to Indian fishing boats to be painted. 435-1. Change of name of Indian fishing boat. 435). Special provision for Indian fishing boats. 435K. Certificate of inspection, 435L. Cancellation, re-issue, ete. of certificate of inspection. 435M. Inspection of safety equipments and appliances. 435N. Registration of alteration, 4350. Transfer of registry. 435P. Closure of registry. 435Q Restriction on Transfer of Indian fishing bo: 435R. Mortgage of Indian fishing boats 4358, Fraudulent use of certificate of registry or certificate of inspection, ete. prohibited, 435T. Statement relating to crew of Indian fishing boat to be maintained. 435U. Power to make rules respecting Indian fishing boats. 435V. Application to Indian fishing boats of other provisions relating to ships. 20SECTIONS 435W. Fishery data to be furnished by Indian fishing boats. 435X. Power to exempt. PART XVI PENALTIES AND PROCEDURE Penalties 436, Penal 437. Place of trial 438, Cognizance of offences. 439, Jurisdiction of Magistrate. 4440, Special provision regarding punishment. 441, Offences by companies. 442, Depositions to be received in evidence when witness cannot be produced. 443. Power to detain foreign ship that has occasioned damage. 444, Power to enforce detention of ship. 445, Levy of wages, ec. by distress of movable property or ship. 446, Notice to be given to consular representative of proceedings taken in respect of foreign, ship. 447, Application of fines. 448, Service of documents, PART XVIL MISCELLANFOUS 4449, Power to appoint examiners and to make rules as to qualifications of ship surveyors. 4450, No person to practise as ship surveyor unless qualified. 451, Power of ship surveyor to inspect ship. 4452, Inquiry into cause of death on board Indian ship. 453. Certain persons deemed to be public servants. 454, Powers of persons authorised to investigate, et. 454A. Power to prescribe altersative fittings, te 455, Exemption of public ships, foreign and India. 456, Power to exempt. 457. General power to make rules. 458, Provisions with respect to rules and regulations. 459. Power to constitute committees to advise on rules, regulations and scales of fees. 460, Protection of persons acting under Act. 460A. Removal of difficulties 21PART XVIIL REPEALS AND SAVINGS SECTIONS 461. Repeals and savings. THE SCHEDULE.THE MERCHANT SHIPPING ACT, 1958 ACT NO. 44 OF 1958) 30th October, 1958.] ‘An Act to foster the development and ensure the efficient maintenance of an Indian mercantile marine in a manner best suited to serve the national interests and for that purpose to establish a National Shipping Board ** * * to provide for the “[registration, certification, safety and security] of Indian ships and generally to amend and consolidate the law relating to merchant shipping. Brit enacted by Parliament in the Ninth Year of the Republic of India as follows:— PARTI PRELIMINARY 1. Short title and commencement.—(/) This Act may be called the Merchant Shipping Act, 1958, (2) 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 Act. which apply to— (1) Unless otherwise expressly provided, the provisions of this Act (@) any vessel which is registered in India; or (b) any vessel which is required by this Act to be so registered; or (©) any other vessel which is owned wholly by persons to each of whom any of the descriptions specified in clause (a) or in clause (b) or in clause (¢), as the case may be, of section 21 applies shall so apply wherever the vessel may be. (2) Unless otherwise expressly provided, the provisions of this Act which apply to vessels other than those referred to in sub-section (J) shall so apply only while any such vessel is within India, including the territorial waters thereof] ‘This Act has been extended o Goa, Damen and Diu by Reg, 12 of 1962, s.3 and Sch and to Pondicherry by Rep. 7 of 1963, 8,3 end Sch 2. The words “and a Shipping Development fund” omitted by Act 66 of 1986, x.3 (wa. Subs by Act 40 of 2007 2, or the word “registration” (we 1-3-2008), Pars Tand Il came ino free w.c£ Sth December, 1958, vide Notification No SO 1958, see Gazette of Inia, 1958, Pt, I See. 30), Part IV came int force we. 17t4 March, 1958, vide Notication No, S, 0.627, dated the 17th March, 1989, see Gazette of India, 1959, Pt. I, See. 30, Sections 7,405 to 414 (both inclusive), 436 (insofar as it relates to offences mentioned against S. Nos. 122 to 125), 437 10 442, 447, 448,456 0 460 and so mush of section 46I and of Par I ofthe Schedule as relate to the Control of Shipping ‘Act, 1947 (26 of 1947), eame int fore on the Ist April, 1960, see Notifistion No, S. 0,565, dated the 26th February, 1960, Gazete of India, PI, See. 3. The remaining provisions came into force wef. Ist January, 1961, vide Notification No. S. 0. 3127, dated the 17th December, 1960, see Gazete of India, 1960, Pt Il, Sec. 3. Subs. by Act 12 of 1983, s2, for section 2 (w.cL18-5-1983), 1987). A, dated the 1h December, 2B3. Defini '{(2) “cargo ship” means a ship which is not a Passenger ships] *{(14)] “coasting ship” means a ship exclusively employed in trading between any port or place in India and any other port or place on the continent of India or between ports or places in India and ports or places in Ceylon or Burma; (2) “coasting trade of India” means the carriage by sea of passengers or goods from any port or place in India to any other port or place on the continent of India; —In this Act, unless the context otherwise requires, — 3) “collision regulations” means the regulations made under section 285 for the prevention of collisions at sea; (4) “company” means a company as defined in section 3 of the Companies Act, 1956 (1 of 1956); (8) “country to which the Load Line Convention applies” means — (@) 2 country the Government of which has been declared "*** under section 283 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 “[article thirty-two] thereof, not being a country to which it has becn so declared that that Convention has ceased to apply under the provisions of that article; (6 “country to which the Safety Convention applies” means,— (@) a country the Govemment of which has been declared under section 283 to have accepted the Safety Convention and has not been so declared to have denounced that Convention; (©) a territory to which it has been so declare that the Safety Convention extends, not being a territory to which it has been so declared that that Convention has ceased to extend (9) “court” in relation to sections 178 to 183 (inclusive) means a civil or revenue court (8) “Director-General” means the Director-General of Shipping appointed under section 7; (9) “distressed seaman’ means a seaman engaged under this Act who, by reason of having been discharged or eft behind from, or shipwrecked in, any ship at a place outside India, is in distress at that place; (10) “effects”, in relation toa seaman, includes clothes and documents: (11) “equipment", in relation toa ship, includes boats, tackle, pamps, apparel, furitute, life saving appliances of every description, spars, masts, rigging and sails, fog signals, lights, shapes and signals of distress, medicines and medical and surgical stores and appliances, chars, radio installations, appliances for preventing, detecting or extinguishing fires, buckets, compasses, axes, Janes, loading and discharging gears and appliances of all kinds and al other stores or articles belonging to or to be used in connection with or necessary for the navigation and safety of the ship: Ins. by Act 21 of 1966, 5.2 (werk 285.1966) 2. Clause (1) renumbered as clause (14) by 8.2, bid. (We £ 285-1966), 3. The words “ors deemed to have been declared” omitted by Act 25 of 1970, s. 2 (wie 21-7-1968), 4. Subs. by s.2, bid, for“ariele twenty-one" (we 21-7- 1968, 4'(U14) “family” means— Hin the case of male, bis wife, his children whether married or unmarried, his dependent parents and his deceased son's widow and children: Provided that if person proves that his wife has ccased under the personal law governing, him or the customary law of the community to which the spouses belong to be entitled to maintenance she shall no longer be deemed to be a part of such person"s family for the purpose of this Act unless such person subsequently intimates by express notice, in writing, to the Central Government that she shall continue to be so regarded; and. (Gi) in the case of female, her husband, her children, whether married or unmarried, her dependent parents, her husband's dependent patents and her deceased son's widow and children: Provided that if a person by notice in writing to the Central Government expresses her desire to exclude her husband from the family, the husband and his dependent parents shall no longer be deemed to be a part of such person's family for the purpose of this Act, unless such person subsequently cancels in writing any such notice, Explanation.—In either of the above two cases, if the child, or, as the case may be, the child of a deceased son, of a person has been adopted by another person and if under the personal law of the adopter adoption is legally recognised, such a child shall be considered as excluded from the family of the first mentioned person.] (12) “fishing vessel” means a ship fitted with mechanical means of propulsion which is exclusively engaged in sea fishing for profit; (13) “foreign-going ship” means a ship, not being a home trade ship, employed in trading, between any port or place in India and any other port ot place or between ports or places, outside India; 2[(14) “free board” means the distance measured vertically downwards, amidships, from the upper edge of the deck line to the upper edge of the related load line;] (15) “High Court’, in relation to a vessel, means the High Court within the limits of whose appellate jurisdiction— (a) the port of registry of the vessel is situate; or (b) the vessel is forthe time being; or (©) the cause of action wholly or in part arises; (16) “home-trade ship” means a ship not exceeding three thousand tons gross which is employed in trading between any port or place in India and any other port or place on the continent of India or between ports or places in India and ports or places in Ceylon, Maladive Islands, Federation of Malaya, Singapore or Burma; (17) “Indian consular officer” means the consul-general, consul, vice-consul, consular agent and pro-consul appointed as such by the Central Government, and includes any person authorised by the Central Government to perform the functions of consul-general, consul, vice-consul, consular agent or pro-consul; Ins. by Act 41 of 1984, 5.2 (wo. 15-7-1985) 2 Subs. by Act 25 of 1970, 2, for eluse (14) (w0.621-7-1968), 25(18) “Indian ship” means a ship registered as such under this Act and includes any ship registered at any port in India at the commencement of this Act which is recognised as an Indian ship under the proviso to sub-section (2) of section 22; ' (8A) “international voyage” means a voyage from or to a port or place in India to or from a port or place outside India) (19) “load line certificate” means the certificate issued under section 316 or section 321; {(20) “Local Line Contention” means the International Convention on Load Lines signed in London on the Sth day of April, 1966, as amended from time to time;] (21) "Marine Board” means a Board of Marine Inquiry convened under section 373; (22) “master” includes any person (except a pilot or harbour master) having command or charge of a ship; '[(224) “nuclear ship” means a ship provided with a nuclear power plant;) (23) “owner” means— (@) in relation toa ship the person to whom the ship ora share inthe ship belongs; (6) in relation ta sailing vessel, the person to whom the sailing vessel belongs; (24) “passenger” means any person catied on board ship except— (@) a person employed or engaged in any capacity on board the ship onthe business of the ship; () a person on board the ship either in pursuance ofthe 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 orforestalled; () child under one year of age; (25) “passenger ship” means a ship carrying more than twelve passengers; (26) “pilgrim” means a person making a pilgrimage and, in the case of a passenger on board a pilgrim ship, includes every person accompanying or travelling with the person making the pilgrimage; *[(27) “pilgrimage” means pilgrimage to any holy place in the Hedjaz or to any other place declared by the Central Government to be a place of pilgrimage by notification in Official Gazette (28) “pilgrim ship” means a special trade passenger ship which makes a voyage to or from the Hedjaz, or, as the case may be, to or from any other place of pilgrimage declared as such by the Central Government in pursuance of clause (27), during the season of the pilgrimage and which carries pilgrims in a proportion of not less than one pilgrim for every one hundred tons of the gross tonnage of the ship;] (29) “port of registry”, in relation to a ship or a sailing vessel, means the port at which she is rogistered or isto be registered; 1s. by Act21 of 1966, 82 (wet 285-1960), 2. Subs. by Act 25 of 1970 5.2, for clause (20) (w.e.£21-7-1968), 8. Subs. by Act 69 of 1976, 5.3, for clauses (27) and (28) (wef 1-12-1976), 26(30) “preseribed” means prescribed by rules made under this Act; (31) “proceeding” in relation to sections 178 to 183 (inclusive) includes any suit, appeal or application; (62) “proper officer” means the officer designated by the Central Government to be the proper officer at the port or place and in respect of the matter to which reference is made in the provision of this Act in which the expression occurs; (33) “proper return port”, in relation to a master, seaman or apprentice discharged or left behind, means the port at which the master, seaman or apprentice was engaged, or the port agreed to as such by the master, seaman or apprentice, as the case may be; (34) “radio inspector” means a person appointed as such under section 10; 35) “registr ‘means the registrar referred to in section 24; (36) (a) “repatriation expenses” means expenses incurred in returning a distressed seaman to a proper return port and in providing him with necessary clothing and maintenance until his arrival at such port, and includes in the case of a ship wrecked seaman the repayment of expenses incurred in conveying him to port after shipwreck and maintaining him while being so conveyed; and (®) “excepted expenses”, in relation to repatriation expenses, means repatriation expenses incurred in cases where the cause of the seaman being left behind is desertion or absence without leave or imprisonment for misconduct, or discharge from his ship by a Marine Board on the ground of misconduct; (37) “Safety Convention” means the Convention for the Safety of Life at Sea signed in London on the ‘[Ist day of November, 1974] as amended from time to time; *{(38) “safety convention certificate” means,— (a passenger ship safety certificate, *[(éa) a special trade passenger ship safety certificate, (i) special trade passenger ship space certificate] (iia qualified passenger ship safety cetficate, (ii) a cargo ship safety constuction Cerificate, (iv) a qualified cargo ship safety construction certificate, (©) a cargo ship safety equipment cotificato, (i) qualified cargo ship safety equipment certificate, (ii) cargo ship safety radio telegraphy certificate, (viii) a cargo ship safety radio telephony certificate, {ix) an exemption certificate, (%) a nuclear passenger ship safety certificate, 1. Subs by Act 12 of 1983, 3, for “Th day of June, 1960" (we 1845-1983), 2. Subs. by Act 2 of 1966s, 2, fr clause (38) (ve 285-1966) 3 Ins. by Act 69 of 1976, 3 (Wee 1-12-1976). 27(xi) a nuclear cargo ship safety certificate, issued under Patt IX or, as the case may be, Part IXA;] (39) “sailing vessel", means any deseription of vessel provided with sufficient sail area for navigation under sails alone, whether or not fitted with mechanical means of propulsion, and includes a rowing boat or canoe but does not include a pleasure craft; (40) “salvage” includes all expenses properly incurred by the salvor in the performance of salvage services; (41) “sea-going”, in relation to a vessel, means a vessel proceeding to sea beyond inland waters or beyond waters declared to be smooth or partially smooth waters by the Central Government by notification in the Official Gazette; (42) “seaman” means every person (except a master, pilot or apprentice) employed or engaged as a member of the crew of a ship under this Act, but in relation to sections 178 to 183 (inclusive) includes a master; (43) “seamen’s employment office” means the seamen's employment office referred to in section 12; (44) “Seamen's welfare officer” means the seamen's welfare officer referred to in section 13; '{(444) “scourity” means maritime security and includes any measure to protect ports or ships or any person or thing relating directly or indirectly to maritime navigation,— (against terorism, sabotage, stowaways, illegal migrants, asylum seeker, piracy, armed robbery, seizure or pilferage; and (ii against any other hostile actor influence which threatens the security in the maritime transport sector, employed by the owners or operators or persons in charge of the vessels or management of port facilities, offshore installations and other marine organisations or establishments;] (45) “ship” does not include a ssiling vessel; (46) “shipping master” means the shipping master referred to in section 11; but in relation to any seaman for the purposes of sections 178 to 183 ((inelusive) means a shipping master appointed, () for the port at which the seaman entered into, or is beli agreement, or ved to have entered into, an (i) 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; (47) “shipping office” means the shipping office referred in section 11; 2{(47A) “special trade” means the conveyance of large number of passengers by sea within prescribed sea areas; (478) “special trade passenger” means 2 passenger cartied in special trade passenger ship in spaces on the weather deck or upper deck or between decks which accommodate more than eight passengers and includes a pilgrim or a person accompanying a pilgrim; Tums. by Act 0 of 2007, 8.3 (week 13-2008), 2 Ine By Act 69 of 1976, #3 (wee 1-12-1976). 28(470) “special trade passenger ship” means a mechanically propelled ship carrying more than thirty special trade passengers;] (48) “surveyor” means the surveyor referred to in section 9; '{(484) “tanker” means a cargo ship constructed or adapted forthe cariage in bulk of liquid cargoes of an inflammable nature;] (49) “tidal water” means any part ofthe sea and any part ofa river within the ebb and flow of the tide at ordinary spring tides and not being a harbour, (50) “tina” means the person in command or charge of a sailing vessel; (53) “valid international load line certificate” means a certificate purporting to have been issued in accordance with the Load Line Convention in respect of a ship, other than an Indian ship, by the Government of the country in which the ship is registered; (54) “valid safety convention certificate” means a certificate purporting to have been issued in accordance with the Safety Convention in respect of a ship, other than an Indian ship, by the Government of the country in which the ship is repistered (55) “vessel” includes any ship, boat, sailing vessel, or other description of vessel used in navigation; (56) “voyage” for the purposes of Part VIII, means the whole distance between the ship's port or place of departure and her final port or place of arrival; (57) “wages” includes emoluments; (58) “wreck” includes the following when found in the sea or in tidal water or on the shores thereof (@) goods which have been cast into the sca and then sink and remain under water; (b) goods which have been cast or fall into the sea and remain floating on the surface; (©) goods which are sunk in the sea, but are attached to a floating object in order that they may be found again; (@) goods which are thrown away or abandoned and. (©) a vessel abandoned without hope or intention of recovery; (59) “young person” means a person under eighteen years of age. PARTI NATIONAL. SHIPPING BOARD 4. Establishment of National Shipping Board —(/) With effect from such date as the Central Government may, by notification in the Official Gazette, specify in this behalf, there shall be established a Board to be called the National Shipping Board (hereinafter in this Part referred to as the Board). Ins. by Act 21 of 1966, 2 (wer 28-5.1966), 2 Clauses (51) and (52) omitted by Act 69 of 1976, .3 (We. 1-12-1976). 29(2) The Board shall consist ofthe following members, namely:— (a) six members lected by Parliament, four by the House of the People from among its members and the other two by the Council of States from among its members; (b) such number of other members, not exceeding sixteen as the Central Government may. think fitto appoint to the Board, to represent— (@ the Central Government, (ii) ship owners, (Gi) seamen, and (iv) such other interests as, in the opinion of the Central Government, ought to be represented on the Board Provided thatthe Board shall include an equal number of persons representing the ship owners and seamen, (3) The Central Government shall nominate one of the members of the Board to be the Chairman of the Board. (4) The Board shall have power to regulate its own procedure 5. Functions of National Shipping Board—The Board shall advise the Central Government— (2) on matters relating to Indian shipping, including the development thereof; and (b) on such other matters arising out ofthis Act a the Central Government may refer to it for 6, Power to make rules in respect of matters in this Part—(/) The Central Government may ‘make rules to carry out the purposes of this Part. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the term of office of members of the Board and the manner of filling casual vacancies in the Board; (b) the appointment of officers and other employees to enable the Board to discharge its functions under section $ and the terms and conditions of their service (©) the travelling and other allowances payable to members of the Board. PART IIT GENERAL ADMINISTRATION 7. Director-General of Shipping—(/) The Central Government may by notification in the Official Gazette, appoint a person to be the Director-General of Shipping for the purpose of exercising or discharging the powers, authority or duties conferred or imposed upon the Director-General by or under this Act. (2) The Central Government may, by general or special order, direct that any power, authority or jurisdiction exercisable by it under or in relation to any such provisions of this Act as may be specified in the order shall, subject to such conditions and restrictions as may be so specified, be exercisable also by the Director-General or by such other officer as may be specified in the order. 30(3) The Director-General may, by general or special order, and with the previous approval of the Central Government, direct that any power or authority conferred upon or delegated to, and any duty imposed upon, the Director-General by or under this Act may, subject to such conditions and restrictions as he may think fit to impose, be exercised or discharged also by such officer or other authority as he may specify in this behalE. 8, Mercantile Marine Department—(/) The Central Government may establish and maintain at each of the ports of Bombay, Calcutta and Madras and at such other port in India as it may consider necessary an office of the Mercantile Marine Department for the administration of this Act and the rules and regulations thereunder. (2) The office of the Mercantile Marine Department at the port of Bombay, Calcutta or Madras shall be in the charge of a principal officer, and the office at any other port shall be in the charge of such officer as the Central Government may appoint in this behalf (3) In the discharge of their duties, the principal officer and other officers shall be subject to the control of the Director-General 9, Surveyors.—(1) The Central Government may by, notification in the Official Gazette, appoint at such ports as it may consider necessary as many persons as it may think fit to be surveyors for the purposes of this Act. '{(.A) Without prejudice to the provisions of sub-section (1), the Central Government, in the case of cargo ships, may, by notification in the Official Gazette authorise any person or body of persons,on such terms and conditions as may be specified therein, to be surveyor or surveyors for the purposes of this Act] (2) The surveyors may be nautical surveyors, ship surveyors or engineer and ship surveyors. (3) At any port at which no surveyor appointed under this section is available, the Central Government may, by notification in the Official Gazette, appoint any qualified person to perform the functions of a surveyor under this Act. (4) All acts done under this Act by a principal officer of the Mercantile Marine Department or a person appointed under sub-section (3) relating to matters within the competence of a surveyor shall have the same effect as if done by a surveyor for the purposes of this Act, 10, Radio inspectors—The Central Government may, by notification a in the Official Gazette, appoint as many radio inspectors as it may consider necessary for the purpose of securing that the requirements of this Act and the rules and regulations there under relating to radio telegraphy, radio telephony and direction finders are complied with, 11. Shipping offices —(/) The Central Government may, by notification in the Official Gazette, establish a shipping office at every port in India in which it thinks it necessary so to do, and shall appoint thereto a shipping master and as many deputy shipping masters and assistant shipping ‘masters, as it may consider necessary (2) Shipping masters, deputy shipping masters and assistant shipping masters shall exercise their powers and discharge their duties subject to the general control of the Central Government or of any intermediate authority which the Central Government may specify in this behalf. Ins, by Aet21 of 1966, 5.3 (wae 25-81966) 31(3) The Central Government may direct that at any port at which no separate shipping office is established, the whole or any part of the business of the shipping office shall be conducted at the custom house or at the office ofthe port office or at such other office as the Central Government may specify, and thereupon the same shall be conducted accordingly. (4) All acts done by or before a deputy shipping master, an assistant shipping master and the officer to whom any business of the shipping office is committed under sub-section (3) shall have the same effect as if done by or before a shipping master forthe purposes ofthis Act. 12, Seamen's employment offices—(/) 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 scamen's employment office and shall appoint thereto a director and as many deputy directors and assistant directors as it may consider necessary. 2) The directors, deputy directors and assistant directors shall exercise their powers and discharge their duties subject to the general control of the Central Government or of any intermediate authority which the Central Government may specify in this behalf, (3) All acts done by or before @ deputy or assistant director shall have the same effect as if done by or before a director forthe purposes ofthis Act. (4) The Central Government may, by notification inthe Official Gazette, direct that at any port at which no separate seamen's employment office is established, the functions of the seamen's 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 seamen's employment office established at that port for the purposes of this Act 13, Seamen's welfare officers—(J) The Central Government may appoint a scamen's welfare officers at such ports in or outside India as it may consider necessary. (2) A seamen’s welfare officer appointed under sub-section (1) shall perform— (a) in the case of any such officer appointed at any port in India, such fimetions in relation to ‘welfare of seamen as may be assigned to him by the Central Government; (b) in the case of any such officer appointed at any port outside India, such functions in relation to welfare of seamen and such functions of an Indian consular officer under Part VII as may be assigned to him by the Central Government. (3) If any seamen’s welfare officer appointed at any port outside India performs any functions assigned to an Indian consular officer under Part VIL, such functions shall have the same effect as if they had been performed by an Indian consular officer for the purposes of that Part. PART REGISTRATION OF INDIAN SHIPS 20, Application of Part —This Part applies only to sea-going ships fitted with mechanical means of propulsion. 21, Indian ships —For the purposes of this Act, a ship shall not be deemed to be an Indian ship unless owned wholly by persons to cach of whom “[any] of the following descriptions applios:— (@) acitizen of India; or 1. Part IV omited by Act 66 of 1986, 53 (we.£ 3-4-1987) 2 Subs. by Act 43 of 1961, «2, for “either” (wie 289-1981), 32'{@) a company or a body established by or under any Central or State Act which has its principal place of business in India; or (©) a co-operative society which is registered or deemed to be registered under the C 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.) 22, Obligation to register. —(/) Every Indian ship, unless it is a ship which docs not exceed fifteen tons net and is employed solely in navigation on the coasts of India, shall be registered under this Act, (2) No ship required by sub-section (J) to be registered shall be recognised as an Indian ship unless she has been registered under this Act Provided that any ship registered at the commencement of this Act at any port in India under any enactment repealed by this Act, shall be deemed to have becn registered under this Act and shall be recognised as an Indian ship, (3) A ship required by this Act to be registered may be detained until the master of the ship, if so required, produces a certificate of registry in respect of the ship. *[Explanation.—For the purposes of this section, “ship” does not include a fishing vessel.] Procedure for registration 23, Ports of registry.—{/) The ports at which registration of ships shall be made shall be the ports of Bombay, Calcutta and Madras and such other ports in India as the Central Government may, by notification in the Official Gazette, declare to be ports of rogistry under this Act. (2) The port at which an Indian ship is registered for the time being under this Act shall be ‘deemed to be her port of registry and the port to which she belongs. 24, Registrars of Indian ships—At each of the ports of Bombay, Calcutta and Madras, the principal officer of the Mercantile Marine Department, and at any other port such authority as the Central Government may, by notification in the Official Gazette, appoint, shall be the registrar of Indian ships at that port: ‘[Provided that subject to such order as the Central Government may issue in this behalf when the office of registrar of Indian ships at any port is vacant or the holder of such office is on leave or is not available, for any reason at the port to exercise and discharge the powers, duties and functions of the office the senior most surveyor at that port may act as and exercise and discharge the powers’ duties and functions of the registrar of Indian ships at that port.] 25, Register book —Every registrar shall keep a book (o be called the register book and entries in that book shall be made in accordance with, the following provisions: — () the property in a ship shall be divided into ten shares; (b) subject to the provisions of this Act with respect to joint owners or owners by transmission, not more than ten individuals shall be entitled to be registered at the same time as Subs, by Act 68 of 1993, 52, for clauses (b) and () (wef 27-10-1993), 2 Explanation ns. by Act 12 of 1983, 4 (0 185-1983). 3 Proviso ins. by Act 41 of 1984, 5.3 (we. 15-7-1985). 33owners of any one ship; but this rule shall not affect the beneficial interest of any number of persons represented by or claiming under or through any registered owner or joint owner; (©) a person shall not be entitled to be registered as owner of a fractional part of a share in a ship; but any number of persons not exceeding five may be registered as joint owners of a ship or of any share or shares therein; (@) joint owners shall be considered as constituting one person and shall not be entitled to dispose in severally of any interest in a ship or any share thi registered: cin in respect of which they are © company '[or a co-operative society] may be registered as owner by its name. 26, Application for registry —An application for the registry of an Indian ship shall be made— (@) in the case of an individual, by the person requiring to be registered as owner or by his agent; (b) in the case of more than one individual requiring to be so registered, by some one or more of the persons so requiring or by his or their agent; and (©) in the case of a company “[or a co-operative society] requiring to be so registered, by its agent; and the authority of the agent shall be testified by writing if appointed by an individual, under the hhand of the person appointing him and, if appointed by « company, “[or a co-operative society} under its common seal. 27. Survey and measurement of ships before registry.—(J) The owner of every Indian ship in respect of which an application for registry is made shall cause such ship to be surveyed by a surveyor and the tonnage ofthe ship ascertained inthe prescribed manner. (2) The surveyor shall grant a certificate specifying the ships tonnage and build and such other particulars descriptive of the identity of the ship as may be preseribed and the certificate of the surveyor shall be delivered tothe registrar before registry, 28, Marking of ship—{/) The owner of an Indian ship who applies for registry under this Act, shall, before registry, cause her to be marked permanently and conspicuously in the prescribed manner and to the satisfaction of the registrar and any ship not so marked may be detained by the registrar. (2) Subject to any other provision contained in this act and to the provisions of any rules made there under, the owner and the master of an Indian ship shall take all reasonable steps to ensure that the ship remains marked as required by this section, and the said owner or master shall not cause or permit any alterations of such marks to be made except in the event of any of the particulars thereby denoted being altered in the manner provided in this Act or except to evade capture by the enemy or by a forcign ship of war in the exercise of some belligerent right. 29, Declaration of ownership on registry.—A person shall not be registered asthe owner of an Indian ship or ofa share therein until he o, inthe ease of a company “fora co-operative society, the person authorised by this Act to make declarations on its behalf has made and signed a declaration of Ins. by At43 of IML, «3 (wack 26-9981), 2 ins by 4, tid. wet 28-9-198) Bons bys 5, bid. (wef 289-198], 34‘ownership in the prescribed form referring to the ship as described in the certificate of the surveyor and containing the following particulars:— (@) a statement whether he is or is not a citizen of India; 'for in the case of a company, or a co-operative society, whether the company or a co-operative society, satisfies the requirements, specified in clause (6) or, as the case may be, clause (¢) of section 21}: (b) a statement of the time when and the place where the ship was built or if the ship is built outside India and the time and place of building is not known, a statement to that effect; and in addition, in the case of a ship previously registered outside India, a statement of the name by which she was so registered; (©) the name of her master; (@ the number of shares in the ship in respect of which he or the company, “[or the co- operative society], as the case may be, claims to be registered as owner; and (©) a declaration that the particulars stated are true to the best of his knowledge and belief, Explanation.—In respect of a ship or share owned by more than one person, a declaration may be ‘made by such one of them as may be authorised by them. 30, Evidence on first registry.—On the first registry of an Indian ship the following evidence shall be produced in addition to the declaration of ownership:— (@) in the case of a ship built in India, a builder’ certificate, that is to say, a certificate signed by the builder of the ship and containing a true account of the proper denomination and the tonnage of the ship as estimated by him and the time when and the place where she was built, and. the name of the person, if any on whose account the ship was built, and if there has been any sale, the instrument of sale under which the ship or the share therein has become vested in the applicant for registry; (b) in the case of a ship built outside India, the same evidence as in the case of a ship built in India unless the declarant who makes the declaration of ownership declares that the time and. place of her building are not known to him, or that the builder"s certificate cannot be procured, in which case there shall be required only the instrument of sale under which the ship or a share therein has become vested in the applicant for registry. 31. Entry of particulars in register book. —As soon as the requirements of this Act preliminary to registry have been complied with the registrar shall enter in the register book the following particulars in respect of the ship:— (@) the name of the ship and the name of the port to which she belongs; *{(aa) the ship idemification number;] (b) the details contained in the surveyor"s certificate; 1. Subs. by Act 43 of 1981, 5, for“erin the case ofa company, whetber the company satisfies the requirements specified in elaase (6 of section 21" (.ef 28-2-1981) 2 Ins. bys. 5, hid. (wef 28-2-1981). 3 tns. by Act 40 02007, 5.4 (we 1-3-2008),(©) the particulars respecting her origin stated in the declaration of ownership; and. (@ the name and description of her registered owner or owners, and, if there are more owners than one, the number of shares owned by each of them, 32, Documents to be retained by registrar —On the registry of a ship, the registrar shall retain im his custody the following documents -— (a) the surveyor's certificate; (b) the builder's certificate; (©) any instrument of sale by which the ship was previously sold (@ all declarations of ownership. Power of Central Government to inquire into to be so registered. —(/) Where it appears to the Central Government that there is any doubt as to the ttle of any Indian ship to be registered as an Indian ship, it may direct the registrar of her port of registry to require evidence to be given to his satisfaction within such time, not being less than thirty days as the Central Government may fix, that the ship is entitled to be registered as an Indian ship. (2) If within such time as may be fixed by the Central Government under sub-section (J) evidence to the satisfaction of the registrar that the ship is entitled to be registered as an Indian ship is not given, the ship shall be liable to forfeiture, Certificate of registry 34, Grant of certificate of registry—On completion of the registry of an Indian ship, the registrar shall grant a certificate of registry containing the particulars respecting her as entered in the register book with the name of her master. 35. Custody and use of certificate—(/) The certificate of registry shall be used only for the lawful navigation of the ship, and shall not be subject to detention by reason of any title, lien, charge or interest whatever, had or claimed by any owner, mortgagee or other person to, on or in the ship. (2) No person, whether interested in the ship or not, who has in his possession or under his control the certificate of registry of a ship, shall refuse or omit without reasonable cause to deliver such certificate on demand to the person entitled to the custody thereof for the purposes of the lawful navigation of the ship or to any registrar, customs collector or other person entitled by law to require such delivery. (3) Any person refusing or omitting to deliver the certificate as required by sub-section (2), may, by order, be summoned by '[any Judicial Magistrate of the first class or any Metropolitan Magistrat as the case may bey] to appear before him and to be examined touching such refusal, and ifthe person is proved to have abseonded so that the order of such magistrate cannot be served on him, or if he persists in not delivering up the certificate, ‘[the said Magistrate] shall certify the fact and the same proceedings may then be taken as in the case of a certificate mislaid, lost or destroyed, oF as near thereto as circumstances permit 1, Subs. by Act [2 of 1983, 5. [7 andthe Schedule, for “any mapisteate of th 2 Subs. by s. 17 and the Schedule, bid, for “the magistrate” (wef 185-1983) 36 (0. 18-5-1983),(4) Ifthe master or owner of an Indian ship uses or attempts to use for her navigation a certificate of registry not legally granted in respect of the ship, he shall be guilty of an offence under this sub- section and the ship shall be liable to forfeiture. 36. Power to grant new certificate when original certificate is defaced, lost, ete—(/) In the event of the certificate of registry of an Indian ship being defaced or mutilated, the registrar of her port of registry may, on the delivery to him of that certificate, grant a new certificate in lieu of her original certificate. (2) In the event of the certificate of registry of an Indian ship being mislaid, lost or destroyed or of the person entitled thereto being unable to obtain it from the custody of any other person, the registrar of her port of registry shall grant a new certificate in lieu of her original certificate (3) If the port at which the ship is at the time of the event referred to in sub-section (2) or first arrives after the event is outside India, then the master of the ship or some other person having knowledge of the facts of the case shall make a declaration stating such facts and the names and descriptions of the registered owners of such ship to the best of the declarant's knowledge and belief to the nearest available Indian consular officer who may thereupon grant a provisional certificate containing a statement of the circumstances under which itis granted, (4) The provisional certificate shall, within ten days afler the first subsequent arrival of the ship at her port of discharge in India, be delivered by the master to the registrar of her port of registry and the registrar shall thereupon grant a new certificate of registry. (5) If the certificate of registry stated to have been mislaid, lost or destroyed shall at any time afterwards be found, or if the person entitled to the certificate of registry obtains it at any time afterwards, the said certificate shall forthwith be delivered to the registrar of her port of registry to be cancelled, 37, Endorsement on certificate of change of master.—Where the master of an Indian ship is changed, cach of the following persons, that is to say,— (@) if the change is made in consequence of the removal of the master by a Marine Board or by a court under this Act, the presiding officer of the Marine Board or of the court, as the case may be; (b) ifthe change occurs from any other cause,— (i In India, the registrar or any other officer authorised by the Central Government in this behalf at the port where the change occurs; and (Gi) outside India, the Indian consular officer at the port where the change occurs; shall endorse and sign on the certificate of registry a memorandum of the change, and any customs collector at any port in India may refused to permit any person to do any act there as master of an Indian ship unless his name is inserted in or endorsed on her certificate of registry as her last appointed master, 38, Endorsement on certificate of change of ownership.—(/) Whenever a change occurs in the registered ownership of an Indian ship, the change of ownership shall be endorsed on her certificate of registry either by the registrar of the ship's port of registry or by the registrar of any port at which the ship arrives who has been advised of the change by the registrar of the ship"s port ofregistry. (2) The master shall, for the purposes of such endorsement by the registrar of the ships port of registry, deliver the certificate of registry to the registrar forthwith after the change if the change 37‘occurs when the ship is at her port of registry, and if it oceurs during her absence from that port and the endorsement under this section is not made before her return, then, upon her first return to that port (3) The registrar of any port, not being the ships port of registry, who is required to make an. endorsement under this section may, for that purpose, require the master of the ship to deliver to him the ship's certificate of registry so that the ship need not thereby be detained and the master shall deliver the same accordingly. 39, Delivery of certificate of ship lost or ceasing to be an Indian ship—(/) In the event of a registered ship being either actually or constructively lost, taken by the enemy, burnt or broken up or ceasing for any reason to be an Indian ship, every owner of the ship or any share in the ship shall immediately on obtaining knowledge of the event, if no notice thereof has already been given to the registrar, give notice thereof to the registrar at her port of registry and that registrar shall make an entry thereof in the register book and its registry in that book shall be considered as closed except so far as relates to any unsatisfied mortgages entered therein. (2) In any such case, except where the ship"s certificate of registry is mislaid, lost or destroyed, the master of the ship shall, immediately if the event occurs in any port in India, or within ten days after his arrival in port if it occurs elsewhere, deliver the certificate to the registrar of the port or any ‘other officer specified in this behalf by the Central Government if the port of arrival is in India, or if the arrival is in any port outside India to the Indian consular officer there, and the registrar if he is not himself the registrar of her port of registry or the officer so specified or the Indian consular officer, as the case may be, shall forthwith forward the certificate delivered to him to the registrar of her port of rogistry. 40. Provisional certificate for ships becoming Indian ships abroad.—(/) If at any port outside India a ship becomes entitled to be registered as an Indian ship, the Indian consular officer there may ‘grant to her master on his application a provisional certificate containing such particulars as may be prescribed in relation to the ship and shall forward a copy of the certificate at the first convenient ‘opportunity to the Director-General. (2) Such a provisional certificate shall have the effect of a certificate of registry until the expiration of six months from its date or until the arrival of the ship at a port where there is a registrar whichever first happens, and on either of those events happening shall cease to have effect, 41, Temporary pass in lieu of certificate of registry.—Where it appears to the Central Government that by reason of special circumstances itis desirable that permission should be granted to any Indian ship to pass without being previously registered from one port to any other port in India, the Central Government may authorise the registrar of the first-mentioned port to grant a pass in such form as may be prescribed, and that pass shall for the time and within the limits therein mentioned have the same effect as a certificate of registry. Transfers of ships, shares, ete 42, ‘Transfer of ships or shares —(1) No person shall transfer or aequire any Indian ship or any share or interest therein '[at any time during which the security of India or of any part of the territory thereof is threatened by war or external aggression and during which a Proclamation of Emergency issued under clause (1) of article 352 of the Constitution is in operation] without the previous 1. Ins, by Act 68 of 1993, s. 3 (ee. 27-10-1993). 38approval of the Central Government and any transaction effected in contravention of this provision shall be void and unenforceable. (2) The Central Government may, if it considers it necessary or expedient so to do for the purpose of conserving the tonnage of Indian shipping, refuse (0 give its approval to any such transfer or acquisition. '{(2A) No transfer or acquisition of any Indian ship shall be valid unless— () all wages and other amounts due to seamen in connection with their employment on that ship have been paid in accordance with the provisions of this Act; (b) the owner of the ship has given notice of such transfer or acquisition of the ship to the Director-General. ] (3) Subject to the other provisions contained in this section, an Indian ship or a share therein shall be transferred only by an instrument in writing, (4) The instrument shall contain such description of the ship as is contained in the surveyor's certificate or some other description sufficient to identify the ship to the satisfaction of the registrar and shall be in the prescribed form or as near thereto as circumstances permit and shall be executed by the transferor in the presence of and be attested by at least two witnesses, 43, Registry of transfer—(/) 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 ease 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 instrament shall be entered in the register book in the order of its production to the registrar 44, Transmission of property in Indian ship on death, insolvency, ete—(/) Where the property in an Indian ship or share therein is transmitted to a person on the death or insolvency of any registered owner, or by any lawful means other than by a transfer under this Act, — (@) that person shall authenticate the transmission by making and signing a declaration in the prescribed form (in this Act referred to as a declaration of transmission) identifying the ship and also a statement of the manner in which and the person to whom the property has been transmitted; (b) if the transmission is consequent on insolvency, the declaration of transmission shall be accompanied by proper proof of such claim; (©) if the transmission is consequent on death, the declaration of transmission shall be accompanied by a succession certificate, probate or letters of administration under the Indian Succession Act, 1925 (39 of 1925), ora duly certified copy thereof, (2) The registrar, on receipt of the declaration of transmission so accompanied, shall enter in the register book the name of the person entitled under the transmission as owner of the ship or share the property in which has been transmitted, and, where there are more persons than one, shall enter the names of all those persons, but those persons however numerous shall, for the purpose of the provisions of this Act with respect to the number of persons claiming to be registered as owners, be considered as one person: 1. Ins, by Act 68 of 1993, s. 3 (ee. 27-10-1993). 39Provided that nothing in this sub-section shall requite the registrar to make an entry in the register book under this section, if he is of opinion that by reason of the transmission the ship has ceased to be an Indian ship. 45. Order for sale where ship has ceased to be an Indian ship. —(/) Where by reason of the transmission of any property in a ship or a share therein on death, insolvency or otherwise, a ship ‘ceases to be an Indian ship, the registrar of her port of registry shall submit a report to the Central Government setting out the circumstances in which the ship has ceased to be an Indian ship. (2) On receipt of such report, the Central Government may make an application to the High Court for a direction for the sale to any citizen of India '[or any [company or body or co-operative society] which satisfies the requirements specified in clause (b) of, as the case may be, clause (c) of section 21] of the property so transmitted, G) The High Court may require any evidence in support of the application it thinks requisite and ‘may make such order thereon and on such terms and conditions as it thinks just or may reject the application *[in case] it finds that the ship has not ceased to be an Indian ship; and in case the ship or the share is ordered to be sold, it shall direct that the proceeds of the sale after deducting the expenses thereof, be paid to the person entitled under such transmission or otherwise. (4) Every application for sale shall be made within such time as may be prescribed: Provided that an application may be admitted by the High Court after the time preseribed, if the Central Government satisfies the High Court that it had sufficient cause for not making the application within such time 46. Transfer of ship on sale by order of court.—Where any court, whether under section 45 or ‘otherwise, orders the sale of any ship or share therein, the order of the court shall contain a declaration vesting in some person named by the court the right to transfer that ship or share, and that person shall thereupon be entitled to transfer the ship or share in the same manner and to the same extent as if he ‘were the registered owner thereof; and every registrar shall obey the requisition of the person so ‘named in respect of any such transfer to the same extent as if such person were the registered owner. 47. Mortgage of ship or share—(/) A registered ship or a share therein may be made a security for a loan or other valuable consideration, and the instrument creating the security (in this Act called a mortgage) shall be in the prescribed form or as near thereto as circumstances permit, and on the production of such instrument the registrar of the ship's port of registry shall record it in the register book (2) Mortgages shall be recorded by the registrar in the order in time in which they are produced to him for that purpose, and the registrar shall, by memorandum under his hand, notify on each mortgage that it has been recorded by him stating the day and hour of that record, 48. Entry of discharge of mortgage —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 I, Subs by Act 43 of 1981, 5.6, for“or any company which satistes the requirements specified in clause (B) of section 21° (.6.28-9-1981) 2 Subs. by Act 68 of 1993, x4, for “company o (00 £.27-10-1995), 4, Subs. by Act S¥ of 1960, 5 andthe Second Scheie, for “in ay case” (.¢£.16-12-1960). 40has been discharged, and on that entry being made the estate, if any, which passed to the mortgagee shall vest in the person in whom (having regard to intervening acts and circumstances, ifany) it would. have vested, if the mortgage had not been made. 49, Priority of mortgages —If there are more mortgages than one recorded in respect of the same ship or share, the mortgages shall, notwithstanding any express, implied or constructive notice, have priority according to the date on which cach mortgage is recorded in the register book and not according to the date of each mortgage itself. 50. Mortgagee not deemed to be owner.—Except in so far as may be necessary for making @ ‘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 ‘[S1. Rights of mortgagee —(/) Where there is only one registered mortgagee of a ship or share, he shall be entitled to recover the amount due under the mortgage by selling the mortgaged ship or share without approaching the High Court Provided that nothing contained in this sub-section shall prevent the mortgagee from recovering, the amount so due in the High Court as provided in sub-section (2). (2) Where there are two or more registered mortgagees of a ship or share they shall be entitled to recover the amount due under the mortgage in the High Court, and when passing a decree or thereafter the High Court may direct that the mortgaged ship or share be sold in execution of the decree. (3) Every registered mortgagee of a ship or share who intends to recover the amount due under the. mortgage by selling the mortgaged ship or share under sub-section (1) shall give an advance notice of fifteen days relating to such sale to the registrar of the ship's port of registry. (4) The notice under sub-section (3) shall be accompanied with the proof of payment of the wages and other amounts referred to in clause (a) of sub-section (24) of section 42.] 52. Mortgage not affected by insolvency.—A registered mortgage ofa ship or share shall not be affected by any act of insolvency committed by the mortgagor after the date of the record of such ‘mortgage, notwithstanding that the mortgagor, at the commencement of his insolvency, had the ship oor share in his possession, order or disposition, or was the reputed owner thereof, and the mortgage shall be preferred to any right, claim or interest therein of the other creditors of the insolvent or any trustee or assignee on their behalf 5 any person and the instrument effecting the transfer shall be in the prescribed form or as near thereto as circumstances permit, and on the production of such instrument, the registrar shall record it by entering in the register book the name of the transferee as mortgagee of the ship or share and shall, by ‘memorandum under his hand, notify on the instrument of transfer that it has been recorded by him stating the day and hour of the record ‘Teansfer of mortgages.—(1) A registered mortgage of a ship or share may be transferred to (2) The person to whom any such mortgage has been transferred shall enjoy the same right of ance as was enjoyed by the transferor. Subs. by Act 6 of 1993, «5, for seston SU (v.e6 27-10-1995), 4154, Transmission of interest in mortgage in certain circumstances.—(/) Where the interest of a mortgagee in a ship or share is transmitted on death, or insolvency, or by any lawful means other thon by a transfer under this Act, the transmission shall be authenticated by a declaration of the person to whom the interest is transmitted containing a statement of the manner in which and the person to ‘whom the property has been transmitted, and shall be accompanied by the like evidence as is by this ‘Act required in case of a corresponding transmission of the ownership of a ship or share. (2) The registrar, on receipt of the declaration and the production of the evidence aforesaid, shall enter the name of the person entitled under the transmission in the register book as mortgagee of the ship or share. Name of ship 55. Rules as to name of ship.—(/) An Indian ship shall not be described by any name other than. that by which she is for the time being registered. (2) The registrar may refuse the registry of any Indian ship by the name by which it is proposed to register the ship if that name is already home by another ship or if the name be so similar as is calculated or likely to deceive. (3) A change shall not be made in the name of an Indian ship except in the preseribed manner, (4) Ifany person acts or suffers any person under his control (o act in contravention of this section ‘or omils to do or suffers any person under his control to omit to do anything required under this ‘[section] the ship may be detained until the provisions of this section are complied with: Provided that nothing in this sub-section shall apply to a foreign ship which has become, and is sought to be registered as, an Indian ship. Registry of alterations, registry anew and transfer of registry 56, Registry of alterations. —When a registered ship is so altered as not to correspond with the particulars relating to her tonnage or description contained in the register book, then, if the alteration is made at any port having a registra, that registrar, or if it is made elsewhere, the registrar of the first port haying a registrar at which the ship arrives after the alteration, shall, on application being made to him stating the particulars of the alteration, either cause the alteration to be registered or direct that the ship be registered anew, 57. Regulations for registry of alterations —(/) For the purpose of registry of an alteration in a ship the ship's certificate of registry shall be produced to the registrar, and the registrar shall, in his discretion, either retain the certificate of registry and grant a new certificate of registry containing a description of the ship as altered or endorse and sign on the existing certificate a memorandum of the alteration, (2) The particulars of the alteration so made, and the fact of the new certificate having been granted, or endorsement having been made, shall be entered by the registrar of the ship's port of registry in his register book; and for that purpose the registrar to whom the application for the registry of the alteration has been made (if he is not the registrar of the ship's port of registry) shall forthwith report to the last mentioned registrar the particulars and facts as aforesaid, accompanied, where a new certificate of registry has been granted, by the old certificate of registry Subs. by Act 5 oF 1960, 55 andthe Second Schedule, for “sub-scesion”(w.ef 26-12-1960}. 258, Provisional certificate and endorsement where ship is to be registered anew.—(/) Where any registrar, not being the registrar of the ships port of registry, on an application as to an alteration in a ship directs the ship to be registered anew, he shall either grant a provisional certificate describing, the ship as altered, or provisionally endorse the particulars of the alteration on the existingcertificae. (2) Every such provisional certificate, or certificate provisionally endorsed, shall, within ten days after the first subsequent arrival of the ship at her port of discharge in India, be delivered to the rogistrar thereof and that registrar shall cause the ship to be registered anew. (3) The registrar granting a provisional certificate, or provisionally endorsing a certificate under this section shall add to the certificate or endorsement a statement that the same is made provisionally, and shall send a report of the particulars of the case to the registrar of the ship's port of registry, containing a similar statement as the certificate or endorsement. 59. Registry anew on change of ownership.—Subject to the other provisions contained in this ‘Act, where the ownership of any Indian ship is changed, the registrar of the port at which the ship is registered may, on the application of the owner of the ship, register the ship anew although registry anew is not required under this Act, 60. Procedure for registry anew.—(/) Where a ship is to be registered anew, the registrar shall proceed as in the case of first registry, and on the delivery to him of the existing certificate of registry and on the other requisites fo registry, or in the case of a change of ownership such of them as he thinks material, being duly complied with, shall make such registry anew, and grant a certificate thereof. (2) When a ship is registered anew, her former registry shall be considered as closed except so far as relates to any unsatisfied mortgage entered thereon, but the names of all persons appearing on the former register to be interested in the ship as owners or mortgagees shall be entered in the new register and the registry anew shall not in any way affect the rights of any of those persons, 61. Transfer of registry.—(1) The registry of any ship may, with the previous approval of the Director-General, be transferred from one port of registry to another on the application to the registrar of the existing port of registry of the ship made by declaration in writing of all persons appearing in the register to be interested therein as owners or mortgagees, but that transfer shall not in any way affect the rights of those persons or any of them and those rights shall in all respects continue in the same manner as if no sueh transfer had been effected. (2) On receipt of any such application the registrar shall transmit notice thereof to the registrar of the intended port of registry with @ copy of all particulars relating to the ship and the names of all persons appearing in that register to be interested therein as owners or mortgages. (3) The ship's certificate of registry shall be delivered to the registrar either of the existing or intended port of registry, and, if delivered to the former, shall be transmitted to the registrar of the intended port of registry. (4) On receipt of the documents aforesaid the registrar of the intended port of registry shall enter in his register book all the particulars and names so transmitted as aforesaid, and grant a fresh certificate of registry, and thenceforth such ship shall be considered to be registered at the new port of registry, and the name of the ship"s new port of registry shall be substituted for the name of her former port of registry on the ship. 62, Restrictions on re-registry of abandoned ships—Where a ship has ceased to be registered as an Indian ship by reason of having been wrecked or abandoned, or for any reason other than 4B‘capture by the enemy, the ship shall not be re-registered until she has at the expense of the applicant for the registry been surveyed by a surveyor and certified by him to be seaworthy. National character and flag 63, National colours for Indian ships —(/) The Central Government may, by notification in the Official Gazette, declare what shall be the proper national colours for all ships registered under this Act and for all ships which are not so registered but which are owned by the Government or by any local authority or by any body corporate established by or under any law for the time being in force in India or by a citizen of India; and different colours may be declared for different classes of ships. (2) Any commissioned officer of the Indian Navy, or any customs collector, or any Indian consular officer, may board any ship on which any colours are hoisted contrary to this Act and seize and take away the colours which shall be forfeited to the Government. 64, Unlawful assumption of Indian character—No person on board a ship which is not an Indian ship shall, for the purpose of making it appear to be an Indian ship, use the Indian national colours, unless the assumption of Indian character has been made (the burden of proving which shall lic on him) for the purpose of escaping capture by the enemy or by a foreign ship of war in the exercise of some belligerent right 65. Concealment of Indian, or assumption of foreign, character.—No owner or master of an Indian ship shall knowingly do anything, or permit anything to be done, or carry or permit to be carried any papers or documents, with intent to conceal the Indian character of the ship from any person entitled by any law for the time being in force to inquite into the same, or with intent to assume a foreign character for the ship, or with intent to deceive any person so entitled as aforesaid, 66, Indian ships to hoist proper national colours in certain eases.—An Indian ship shall hoist the proper national colours— (a) ona signal being made to her by any vessel of the Indian Navy; (b) on entering or leaving any foreign port; (©) if of fifty tons gross tonnage or more, on entering or leaving any Indian port 67. National character of ship to be declared before clearance —(/) A customs collector shall not grant a clearance for any ship until the master of such ship has declared to that officer the name of the country to which he claims that she belongs, and that officer shall thereupon inscribe that name on the clearance, (2) If a ship attempts to proceed to sea without such clearance, she may be detained by any ‘customs collector until the declaratioin is made. Miscellaneous 68. ‘d as Indian ships. —Where itis declared by this Act that an Indian ship shall not be recognised as such, that ship shall not be entitled to any privileges, benefits, advantages or protection usually enjoyed by Indian ships or to use the Indian national colours for Indian ships or to assume the Indian national character, but so far as regards the payment of dues the liability to fine and forfeiture and the punishment of offences committed on board such ship, or by any persons belonging to her, such ship shall be dealt with in the same manner in all respects as if she ‘were a recognised Indian ship. 69, Proceedings on forfeiture of ship—Where any ship has cither wholly or as to any share therein become subject to forfeiture under this Part, any commissioned officer of the Indian Navy, any 44customs collector or any Indian consular officer or any other officer authorised by the Central Government, may seize and detain the ship, and bring her for adjudication before the High Court, and the High Court may thereupon adjudge the ship with her equipment to be forfeited to the Government, and make such order in the ease as to the High Court seems just and may award to the officer bringing, in the ship for adjudication such portion of the proceeds of the sale of the ship or any share therein as the High Court thinks fit. 70, Notice of trust not received. —No notice of any trust, express, implied or constructive, shall bbe entered in the register book or be receivable by the registrar, and subject to any rights and powers appearing by the register book to be vested in any other person, the registered owner of a ship or of a share therein shall have power to dispose of the ship or share in the manner provided in this Act and to give effectual receipts for any money paid or advanced by way of consideration, 71. 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 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. 72. Evidence of register book, certificate of registry and other documents—(/) On application to the registrar and on payment of the prescribed fee, a person may, at any time during office hours, inspect any register book, and may obtain a certified copy of any entry in the register ook. (2) The following documents shall be admissible in evidence in any Court in manner provided by this Act, namely:— (a) any register book on its production from the custody of the registrar or other person having the lawful custody thereof, (b) a certificate of registry under this Act purporting to be signed by the registrar or any other officer authorised in this behalf by the Central Government; (©) an endorsement on a certificate of registry purporting to be signed by the registrar or any other officer authorised in this behalf by the Central Government; (@ every declaration made in pursuance of this Part in respect of an Indian ship, (3) A certified copy of an entry in a register book shall be admissible in evidence in any Court and hhave the same effect to all intents as the original entry in the register book of which it is a copy. 73. Power to register Government ships under this Part.—The Central Government may, by notification in the Official Gazette, direct that, subject to such rules as may be made in this behalf, ships belonging to the Government other than ships of the Indian Navy may be registered as Indian ships under this Act and thereupon this Act, subject to any exceptions and modifications which may be made in the notification either generally or with respect to any class of ships belonging to Government, shall apply to ships belonging to Government registered in accordance with those rules as they apply to Indian ships registered in manner provided by this Act 74. Power to make rules in respect of matters in this Part.—(/) The Central Government may make rules to carry out the purposes of this Part.(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (@) the manner in which the tonnage of any ship shall be ascertained, whether for the purpose of registration or otherwise, including the mode of measurement; (b) the recognition for the purpose of ascertaining the tonnage of any ship or for any other ‘purpose, of any tonnage certificate granted in respect of any ship in any country outside India, the tonnage regulations of which are substantially the same as the tonnage rules made by the Central Government, including the conditions and restrictions subject to which such recognition may be granted; (©) the manner in which surveys of ships shall be conducted and the form of certificates of surveying officers; (@ the manner in which ships shall be marked; (©) the form in which any document required by this Part shall be prepared and the particulars which it should contai (2) the persons by whom and the authorities before which any declaration required by this Part shall be made and the circumstances in which any such declaration may be waived and other evidence accepted; (®) the form of the instrument creating a mortgage on a ship or share of transferring @ mortgage; (h) the retums that shall be made by registrars to the Director-General or to such other authority as the Central Government may appoint and the form in which and the intervals within which such returns shall be made; (@ the procedure for the registration, marking or alteration of the names of Indian ships; '{Q) the fees that may be levied for the survey or inspection of any ship for the purposes of rogistration and the manner in which such fees may be collected:] (do) the manner in which registrars and other authorities may exercise their powers under the Part or maintain their books and other registers; (D the manner in which ships belonging to the Government, to which the provisions of this Act may be made applicable under section 73, may be registered; (on) any other matter which may be or isto be prescribed PART VI (CERTIFICATES OF OFFICERS "[Masters, mates, engineers, skippers, et] “175. Application of Part—This Part applies to— (a) every sea-going Indian ship fited with mechanical means of propulsion wherever itis; and (b) every foreign ship while itis a port or place in India, 1. Subs by Act 12 of 1983, 5, for clause (/) (we. £18-5-1983), 2. Subs: by Act 13 of 1987, «2, for “Maser, mates and engineers” (¥-0-1-7-1989), 5, Subs. bys 8, tid, foe sections 75 and 16 (we. 1-7-1989), 4675A. Definitions.—In this Part, unless the context otherwise requires, — (2) “contiguous zone” means the contiguous zone of India described, or notified as such for the time being under section S of the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 (80 of 1976); (b) “convention” means the Intemational Convention on Standards of Training, Certification and Watch keeping for Seafarers, 1978, signed at London on the 7th day of Tuly, 1978, as amended from time to time; "176. Certificates of competency to be held by officers of ships—(/) Every Indian ship, when going to sea from any port or place, shall be provided with officers duly certificated under this Act in accordance with such manning seales as may be prescribed: Provided that the Central Government may prescribe different manning scales for different types of ships. (2) Every ship, whether at sea or in any port or place, shall engage such number of persons and ‘with such qualifications as may be prescribed for maintaining watches.]] 77. When officers deemed duly certificated, —Subject to the provisions contained in section 86, an officer shall not be deemed to be duly certificated under this Act unless he holds a certificate of @ ‘grade appropriate to his station in the ship or of a higher grade granted in accordance with this Act 2(78. Grades of certificates of competency.—(/) Centficates of competency shall be granted in accordance with the provisions of this Act for each of the following grades, namely:— extra Master; master of a forcign-going ship; first mate of a foreign-going ship; second mate of a forcign-going ship; master of a home-trade ship; mate of a home-trade ship; navigational watehkeeping officer; extra first class engineer; engineer officer class I; marine engineer officer elass I; marine engineer officer class III ‘marine engineer officer class IV; engine driver of a sea-going ship; skipper grade I ofa fishing vessel; skipper grade II ofa fishing vessel imate of a fishing vessel; engineer of a fishing vessel; engine driver of a fishing vessel; dredger master grade I dredger master grade I; 1. Subs. by Act 63 of 2002, 5.2, for section 76 (wef 2 Subs. by Act 13 of 1987, 54, for section 78 (wetdredger mate grade |; dredger mate grade Il dredger engineer grade I ddvedger engineer grade I dredger driver grade I; dredger driver grade IL (2) A certificate of competency granted for any grade of engineer or engine driver shall state whether it entitles the holder to act as engineer of ships or fishing vessels fitted with steam or motor engines or with any other type of engines and the holder shall not be entitled to act as engineer of a ship fitted with a type of engine not stated in the certificate, (3) Certificates issued to masters, mates and engineers who have to work on board ships carrying, ‘dangerous goods shall require endorsement as to the additional qualifications that may be preseribed, (4) If it appears to the Central Government that certificates of competency for grades, other than those referred to in sub-section (/) may be granted, it may, by notification in the Official Gazette, specify the other grades in respect of which certificates of competency may be granted, (5) A certificate of competency for a foreign-going ship shall be deemed to be of a higher grade than the corresponding certificate of a home-trade ship, and shall entitle the lawful holder thercof to {go to sea in the corresponding grade in such home-trade ship; but no certificate for a home-trade ship shall entitle the holder to go to sea as a master or mate of a foreign-going ship. (6) A certificate of competency as extra master shall be deemed to be of a higher grade than any other certificate of competency as master or mate of a foreign-going ship or a home-trade ship or navigational watch keeping officer. (7) A certificate of competency as extra first class engineer shall be deemed to be of a higher ‘grade than any other certificate of competency as marine engineer officer, engineer or engine driver of a fishing vessel or engine driver of a sea-going ship.] 79, Examinations for, and grant of, certificates —{(7) The Central Government or a person duly authorised by it inthis behalf shall appoint persons for the purpose of examining the qualifications of persons desirous of obtaining certificate of competency under section 78. (2) The Central Government or such authorised person shall grant to every applicant, who is duly reported by the examiners to have passed the examination satisfactorily and to have given satisfactory evidence of his sobriety, experience and ability and general good conduct on board ship, such a certificate of competency as the case requires: Provided that the Central Government may, in any case in which it has reason to believe that the report has been unduly made, require, before granting a certificate, a re-examination of the applicant ‘or a further inquiry into his testimonials and character. 1[(3) Every certificate granted under sub-section (2), shall be valid for such period as may be prescribed.] 80. [Certificates of service of naval officers. Omitted by Act Merchant Shipping (Amendment) Act, 1986 (33 of 1986), s. 2 (werf 14-8-1986). 81. Form of certificates —Every certificate of competency granted under this Act shall be in the prescribed form and shall be made in duplicate, and one copy shall be delivered to the person entitled to the certificate, and the other shall be kept and recorded in the prescribed manner. Tol. by Act 13 of 987, 8.5 (wel 1989) 48