1

AS INTRODUCED IN LOK SABHA

Bill No. 183 of 2024

THE MERCHANT SHIPPING BILL, 2024

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ARRANGEMENT OF CLAUSES
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PART I
PRELIMINARY

CLAUSES
1. Short title and commencement.
2. Application of Act.
3. Definitions.
PART II
ESTABLISHMENT OF BOARDS AND GENERAL ADMINISTRATION
CHAPTER I
ESTABLISHMENT OF NATIONAL SHIPPING BOARD AND SEAFARER’S
WELFARE BOARD
4. Establishment of National Shipping Board.
5. Constitution of Seafarer’s Welfare Board.
6. Power to make rules.
CHAPTER II
MARITIME ADMINISTRATION
7. Director-General of Maritime Administration.
8. Officers.
9. Surveyor.
10. Senior radio surveyors and radio inspectors.
11. Mercantile Marine Department.
12. Shipping office.
13. Body for security of vessels and port facilities.
PART III
REGISTRATION OF VESSELS
14. Application of this Part.
15. Indian vessel and its registration.
16. Registration of Indian chartered foreign vessels.
17. Temporary registration of vessels sought to be recycled.
18. Registrar of Indian vessels.
19. Provisional registration of Indian vessel.
20. Procedure for registration of Indian vessels.
21. Temporary pass in lieu of certificate of registration.
22. Custody and use of certificate.
23. Transfer of Indian vessel or shares.
24. Transmission of property in Indian vessel on death, insolvency, etc.
 (ii)
CLAUSES
25. Order for sale where vessel has ceased to be an Indian vessel.
26. Mortgage of vessel or share.
27. Rights of mortgagee.
28. Liability of mortgagee.
29. Mortgage not affected by insolvency.
30. Transfer of mortgages.
31. Transmission of interest in mortgage in certain circumstances.
32. Rules as to name of vessel.
33. Registration of alterations.
34. Provisional certificate and endorsement where vessel is to be
re-registered.
35. Transfer of registration.
36. Restrictions on re-registration of abandoned vessel.
37. National colours for Indian vessels.
38. Concealment of Indian or assumption of foreign character.
39. Liabilities of vessel not recognised as Indian vessel.
40. Proceedings on forfeiture of vessel.
41. Liability of owners.
42. Evidence of register book, certificate of registration and other documents.
43. Closure of registration.
44. Power to make rules.
PART IV
MARITIME EDUCATION AND TRAINING
45. Certificates to be held by seafarers.
46. Certificate of competency and certificate of proficiency.
47. Training for grant of certificate of competency and certificate of
proficiency.
48. Examination for grant of certificates.
49. Production of certificate of competency.
50. Recognition of certificates of competency granted in other States.
51. Foreign vessel not to sail without seafarers having certificate.
52. Obligations of certain certificate holders to serve on Indian vessels.
53. Power to make rules.
PART V
SEAFARERS
54. Application of this Part.
55. Definitions.
56. Classification of seafarers.
57. Application of maritime labour standards to seafarers and vessels.
 (iii)

CLAUSES
58. Duties of shipping master, director and seafarer’s welfare officer.
59. Minimum age for seafarers.
60. Medical certificate.
61. Training and qualifications.
62. Recruitment and placement of seafarers.
63. Agreement with seafarers.
64. Wages.
65. Hours of rest.
66. Entitlement to leave.
67. Repatriation.
68. Compensation for vessel’s loss or foundering.
69. Manning levels.
70. Accommodation and recreational facilities.
71. Food and catering.
72. Medical care.
73. Ship owners’ liability.
74. Health and safety protection and accident prevention.
75. Social security.
76. Flag State responsibilities.
77. Port State responsibilities.
78. Rules for enforcement of Maritime Labour Convention.
79. Payment of wages.
80. Discharge of seafarers.
81. Wages and property of deceased seafarers and seafarers left behind.
82. Certain undisbursed amounts to be utilised for welfare of seafarers.
83. Shipping master to adjudicate disputes involving seafares.
84. Power of shipping master to require production of documents.
85. Wages not recoverable outside India in certain cases.
86. Summary proceedings for wages.
87. Restrictions on suits for wages.
88. Remedies of master for wages, disbursements, etc.
89. Power to refer disputes between seafarers and employers to Tribunal.
90. Recovery of wages, etc., of seafarers lost with vessel.
91. Relief and maintenance of abandoned seafarers.
92. Replacement crew onboard abandoned vessels.
93. Inspection by shipping master, etc.
94. Special provisions for protection of seafarers in respect of litigation.
95. Facilities for making complaint.
 (iv)
CLAUSES
96. Vessel not to be boarded without permission.
97. Misconduct endangering life or vessel.
98. Desertion and absence without leave.
99. General liability against discipline.
100. Smuggling of goods by seafarer.
101. Entry of offences in official logbook.
102. Report of desertions and absences without leave.
103. Entries and certificates of desertion abroad.
104. Facilities for proving desertion in proceedings for forfeiture of wages.
105. Application of forfeitures.
106. Decision of questions of forfeiture and deduction in suits for wages.
107. Payment of fines imposed under agreement to shipping master.
108. Seafarer not to be enticed to desert.
109. Stowaways and seafarers carried under compulsion.
110. On change of master, documents to be handed over to successor.
111. Deserters from foreign vessels.
112. Official logbook.
113. Power to make rules.
PART VI
SAFETY AND SECURITY
114. Application of this Part.
115. Definitions.
116. Safety and security requirements.
117. Reporting of incidents.
118. Obligations to render assistance on receiving signal of distress and to
persons in danger.
119. Search and rescue services.
120. Radio communication requirements.
121. Information about vessel’s stability.
122. Submersion of load lines.
123. No vessel to carry passenger without certificate.
124. Vessel not to proceed to sea without valid safety and security certificates.
125. Penalties for certain acts.
126. Vessel not to carry cargo or passengers in contravention of Act.
127. Unseaworthy vessel not to be sent to sea.
128. Obligation of ship owner, master or agent with respect to seaworthiness.
129. Safety and security management.
130. Power to make rules.
 (v)

PART VII
PREVENTION AND CONTAINMENT OF POLLUTION FROM VESSEL AND RESPONSE
CLAUSES
131. Application of this Part.
132. Definitions.
133. Control of discharge or emission of harmful substances or dumping at sea.
134. Prevention and containment of pollution and response.
135. Vessel not to proceed to sea without valid pollution prevention
certificates.
136. Record books.
137. Power to deny entry, detain or move vessel.
138. Power to take measures for containment of pollution and reporting of
incidents.
139. Power of Central Government to give directions.
140. Measures for detection of pollution.
141. Appointment of analysts.
142. Reception facilities.
143. Power to make rules.
PART VIII
SURVEY, AUDIT AND CERTIFICATION
144. Survey, audit and certification.
145. Certificates.
146. Power of surveyor.
147. Compliance of provisions of convention.
148. Recognition of certificates granted outside India.
149. Grant of certificate to foreign vessels in India and Indian vessels in
foreign States.
150. Power to call for information.
151. Power to conduct inspections.
152. Power to make rules.
PART IX
MARITIME LIABILITY AND COMPENSATION
CHAPTER I
COLLISION, ACCIDENT AT SEA AND LIABILITY
153. Application of this Chapter.
154. Apportionment of liability.
155. Damage or loss of vessel, cargo or property.
156. Joint and several liability for loss of life or personal injury.
157. Right of contribution.
158. Duty of master of vessel to assist in case of collision.
 (vi)
CLAUSES
159. Collision to be entered in official logbook.
160. Report to Director-General of accidents to vessels.
161. Notice of loss of Indian vessel to be given to Director-General.
CHAPTER II
LIMITATION OF LIABILITY FOR MARITIME CLAIMS
162. Limitation of liability for damages in respect of certain claims.
163. Conduct barring limitation.
164. Counter claims.
165. Limits of liability.
166. Limit for passenger claims.
167. Aggregation of claims.
168. Constitution of limitation fund.
169. Limitation of liability without constitution of a limitation fund.
170. Distribution of fund.
171. Bar to other actions.
172. Compulsory insurance or other financial security for maritime claims
subject to limitation.
173. Scope of application of this Chapter.
174. Power to make rules for matters under Chapters I and II of this Part.
CHAPTER III
CIVIL LIABILITY FOR OIL POLLUTION DAMAGE
175. Application of this Chapter.
176. Definitions.
177. Liability of ship owner.
178. Joint and several liability for ships.
179. Jurisdiction of High Court.
180. Jurisdiction where pollution damage occurs in two or more States.
181. Limitation of liability.
182. Constitution of limitation fund.
183. Claims for compensation where fund is established.
184. Acquisition of right for compensation by subrogation.
185. Consolidation of claims and distribution of fund.
186. Arrest and sale of ship if ship owner, etc., unable to satisfy claims for
compensation.
187. Restriction on enforcement of claims after establishment of fund.
188. Compulsory insurance or other financial security.
189. Acceptance of certificate granted outside India.
190. Ban on entering or leaving an Indian port without certificate.
191. Direct action against insurer or other person providing financial
security.
 (vii)

CLAUSES
192. Recognition of judgment of court of contracting parties to Civil
Liability Convention.
193. Limitation period.
194. Government ships.
195. Power to make rules.
CHAPTER IV
CIVIL LIABILITY FOR BUNKER OIL POLLUTION DAMAGE
196. Application of this Chapter.
197. Definitions.
198. Liability for bunker oil pollution.
199. Exemption from liability.
200. Right of ship owner to limitation of liability.
201. Determination of limitation of liability.
202. Consolidation of claims and distribution of amount.
203. Extinguishment of right to claim.
204. Maintenance of compulsory insurance or other financial security.
205. Direct action against insurer or other person providing financial
security.
206. Grant of certificate.
207. Ban on entering or leaving port without clearance.
208. Right of recourse.
209. Recognition of judgment of court of contracting parties to Bunker
Convention.
210. Power to make rules.
CHAPTER V
INTERNATIONAL OIL POLLUTION COMPENSATION FUND
211. Application of this Chapter.
212. Definitions.
213. Contribution to Fund.
214. Contribution payable by persons to Fund.
215. Liability of Fund.
216. Limitation of liability of Fund.
217. Power to call for information.
218. Claims against Fund and Jurisdiction of courts.
219. Extinguishment of claims.
220. Subrogation and right of recourse.
221. Power of Central Government to establish fund for excess claim.
222. Power to make rules.
 (viii)
PART X
MARINE INCIDENT AND EMERGENCY RESPONSE
CLAUSES
223. Application of this Part.
224. Definitions.
225. Appointment of nodal authority for marine incidents.
226. Primary response party.
227. Plans and procedure for response mechanisms.
228. Powers of nodal authority.
229. Maintenance of compulsory insurance or other financial security.
230. Power to make rules.
PART XI
INVESTIGATION AND INQUIRIES ON MARINE CASUALTIES
231. Marine casualties and report thereof.
232. Power of Central Government to initiate proceedings.
PART XII
WRECK AND SALVAGE
CHAPTER I
WRECK
233. Application of this Chapter.
234. Definitions.
235. Receivers of wreck.
236. Duty to report wrecks.
237. Determination of hazard.
238. Locating and marking of wrecks.
239. Power to pass over adjoining lands.
240. Prohibition of certain acts in respect of wreck.
241. Search warrants where wreck is involved.
242. Measures to facilitate removal of wrecks.
243. Liability of ship owner.
244. Maintenance of insurance or other financial security.
245. Claims of ship owners to wreck.
246. Extinguishment of right to claim recovery of costs.
CHAPTER II
SALVAGE
247. Application of this Chapter.
248. Definitions.
 (ix)

CLAUSES
249. Salvage payable for saving life, cargo or wreck.
250. Salvage operations controlled by Government or port and public
authorities.
251. Salvage contracts.
252. Duties of salvor, owner and master.
253. Rights of salvors.
254. Powers and duties of Central Government in relation to salvage
operations.
255. Retention of salvors.
256. Disputes between ship owner and salvor.
257. Adjudication of disputes between ship owner and salvor.
258. Extinguishment of claims.
259. Savings.
260. Power to make rules.
PART XIII
SAILING, FISHING AND OTHER VESSELS
261. Application of this Part.
262. Definitions.
263. Decision of question whether a vessel falls under this Part.
264. Requirements for safety, security, prevention of pollution and
insurance.
265. Manning of fishing vessels.
266. Central Government to grant certificate of proficiency.
267. Training for grant of certificate of competency and certificate of
proficiency.
268. Examination for grant of certificate.
269. Withdrawal, suspension or cancellation of certificate.
270. Production of certificate.
271. Agreements in respect of fishing vessel.
272. Fishery data to be furnished by Indian fishing vessels.
273. Vessel not to proceed without valid certificates.
274. Power of Central Government to initiate action against
non-mechanically propelled vessels.
275. Statement relating to crew of vessels to be maintained.
276. Inquiry to jettisoning of cargo.
277. Detention of vessel by proper officer.
278. Detention of unseaworthy vessels.
279. Power to exempt.
280. Power to make rules.
 (x)

PART XIV
PENALTIES AND PROCEDURES
CLAUSES
281. Offences and penalties.
282. Authority for imposition of penalty and procedure therefor.
283. Place of trial and jurisdiction of court.
284. Special provision regarding punishment.
285. Appointment of Special Public Prosecutors.
286. Penalties in respect of masters or owners of special trade passenger
vessels.
287. Offences by companies.
288. Depositions to be received in evidence when witness cannot be
produced.
289. Power to detain foreign vessel that has occasioned damage.
290. Power to enforce detention of vessel.
291. Levy of wages, etc., by distress of movable property or vessel.
292. Service of documents.
PART XV
MISCELLANEOUS
293. Birth and death of persons onboard vessel during a voyage.
294. Inquiry into cause of death onboard or person missing from Indian
vessel.
295. Certain persons deemed to be public servants.
296. Power of persons authorised to investigate, inquire, etc.
297. Power to permit alternative provisions and arrangement.
298. Control of nuclear vessels and security measures.
299. Exemption of Government vessels, foreign and Indian.
300. Power to exempt.
301. Power of Director-General to give directions.
302. Special provisions with respect to defaulting ship owners.
303. Right to pursue foreign vessels in high seas.
304. Power of Central Government with respect to vessel without
nationality.
305. Protection of action taken in good faith.
306. Agreement with other States.
307. Control measures and detention of vessels.
308. Costs of detention and damages.
309. Procedure for detention of vessel other than Indian vessel.
310. Obligations of ports under conventions and monitoring thereof by
Director-General.
311. Power of Central Government in respect of abandoned vessels.
 (xi)

CLAUSES
312. Power to cancel, suspend, etc., certificate of seafarers.
313. Re-hearing.
314. Maintenance of insurance or such other financial security.
315. Use and maintenance of electronic records.
316. Classification of vessels.
317. Transparency of charges.
318. Power of Director-General to call for information.
319. General power to make rules.
320. Provisions with respect to rules.
321. Power to remove difficulties.
322. Power to constitute committees.
323. Power of Central Government to protect interest of Indian shipping.
324. Repeal and savings.
PART XVI
AMENDMENT TO THE MARINE AIDS TO NAVIGATION ACT, 2021
325. Amendment of Act 20 of 2021.
 1

AS INTRODUCED IN LOK SABHA

Bill No. 183 of 2024

THE MERCHANT SHIPPING BILL, 2024

A

BILL
to consolidate and amend the law relating to merchant shipping to ensure
compliance with India’s obligation under the maritime treaties and
international instruments to which India is a party and also to ensure the
development of Indian shipping and efficient maintenance of Indian
mercantile marine in a manner best suited to serve the national interest and
for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Seventy-fifth Year of the Republic of
India as follows:—
PART I
PRELIMINARY

5 1. (1) This Act may be called the Merchant Shipping Act, 2024. Short title and
commencement.
(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 2. (1) Save as otherwise provided, the provisions of this Act shall apply
of Act.
to,—
(a) any vessel which is registered in India; or
(b) any vessel which is required by this Act to be so registered,
wherever it may be. 5

(2) Save as otherwise provided, the provisions of this Act which apply to
vessels other than those referred to in sub-section (1) shall so apply only while
any such vessel is within India or its coastal waters.
(3) Subject to sub-section (2) and unless otherwise expressly provided, the
provisions of this Act shall not apply to Indian controlled tonnage vessels. 10

Explanation.—For the purposes of this sub-section, the expression “Indian

controlled tonnage vessel” means an Indian vessel, other than a fishing vessel or
sailing vessel, owned by any person specified under sub-section (1) of section 15
and registered at a port or place in a country other than India.
Definitions. 3. In this Act, unless the context otherwise requires,— 15

(1) “abandoned seafarer” means a seafarer who is deemed to have been

abandoned in violation of the provisions of this Act or the rules made
thereunder or the seafarers’ employment agreement, where the ship owner—
(a) fails to cover the cost of the seafarer’s repatriation; or
(b) has left the seafarer without the necessary maintenance and 20
support; or
(c) has otherwise unilaterally severed ties with the seafarer including
failure to pay contractual wages for a period of at least two months;
(2) “abandoned vessel” includes any of the following, namely:—
(a) a vessel which is abandoned by the ship owner without any 25
hope of recovering it or without any intention of returning to it; or
(b) a vessel whose master has no financial means for its
operation; or
(c) a vessel whose owner is unknown or cannot be traced within
reasonable time, despite the Central Government duly notifying the 30
flag State of the vessel or consulate of the country of domicile of the
registered owner or the master; or
(d) a vessel whose owner fails to fulfil the ship owner’s
obligations under this Act towards ensuring safety, security, prevention
of pollution or welfare of seafarers and whose insurer, salvor or 35
contractor fail to fulfil such obligations within such reasonable time as
may be specified by the Central Government; or
(e) a vessel restrained by any court or public authority in India
in respect of which the public authority or the person assigned
responsibility by the court to fulfil the ship owner’s obligations under 40
this Act towards ensuring safety, security, prevention of pollution or
welfare of seafarers, fails to do so.
Explanation.—For the purposes of sub-clause (d), failure on part of
the ship owner shall also include failure on part of the charterer, manager or
45
operator of the vessel;
(3) “agent”, in relation to a vessel, means a person authorised to act as
such by the owner and if such vessel is in port, the agent shall also have
authorisation from the port;
 3

(4) “Anti-Fouling Systems Convention” means the International

Convention on Control of Harmful Anti-fouling Systems on Ships, 2001,
signed in London on 5th day of October, 2001;
(5) “audit” means a systematic and independent examination to
5 determine whether the management system as provided in the Safety
Convention complies with the planned arrangements and such arrangements
are implemented effectively and are sufficient to achieve the objectives of
the said convention;
(6) “Ballast Water Management Convention” means the International
10 Convention for the Control and Management of Ships’ Ballast Water and
Sediments, 2004, signed in London on the 13th day of February, 2004;
(7) “baseline” means the baseline referred to in sub-section (2) of
section 3 of the Territorial Waters, Continental Shelf, Exclusive Economic
80 of 1976. Zone and Other Maritime Zones Act, 1976;
15 (8) “certificate of competency” or “certificate of proficiency” means
the certificate of competency or certificate of proficiency granted under
sub-section (1) of section 46;
(9) “chief ship surveyor” means the chief ship surveyor specified in
sub-clause (iii) of clause (d) of sub-section (1) of section 8;
20 (10) “chief surveyor” means the chief surveyor specified in
sub-clause (ii) of clause (d) of sub-section (1) of section 8;
(11) “Civil Liability Convention” means the International Convention
on Civil Liability for Oil Pollution Damage, 1992;
(12) “coastal waters” means any part of territorial waters of India,
25 along with any part of the adjoining maritime zones of India within the
meaning of the Terriorial Waters, Continental Shelf, Exclusive Economic
80 of 1976. Zone and Other Maritime Zones Act, 1976, or any other law for time being
in force;
(13) “coasts” include the coasts of creeks and any part of the sea or
30 any part of a river within the ebb and flow of the tide at ordinary spring
tides and not being a harbour (tidal waters);
(14) “company” means a company as defined in clause (20) of section 2
18 of 2013. of the Companies Act, 2013;
(15) “convention” means an international convention to which India is
35 a party;
(16) “Director-General” means the Director-General of Maritime
Administration appointed under sub-section (1) of section 7;
(17) “equipment”, in relation to a vessel, includes boats, tackle,
machinery, boilers, cargo handling gear, pumps and any fitting, anchor,
40 propeller, apparels, furniture, 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, charts,
radio installations, appliances for preventing, detecting or extinguishing
fires, buckets, compasses, axes, lanterns, loading and discharging gears and
45 appliances of all kinds and all other stores and spares or articles belonging
to or to be used in connection with or necessary for the navigation,
propulsion, security, pollution prevention and safety of the vessel;
 4

(18) “fisher” means any person engaged in any capacity or performing

any work aboard a fishing vessel at sea, by whatever means they are paid,
but not including pilots or persons in service of the Central Government or
the State Government aboard a fishing vessel, or any person who only
works aboard such vessel when onshore; 5

(19) “fishing vessel” means a vessel which is used or intended to be

used for the purpose of fishing in the seas;
(20) “gross tonnage” means the gross tonnage referred to in clause (b)
of sub-section (5) of section 20;
(21) “High Court”, in relation to a vessel, means a High Court within 10
the limits of whose jurisdiction,—
(a) the port of registry of the vessel is situate; or
(b) the vessel is for the time being; or
(c) the cause of action, wholly or in part, arises;
(22) “Indian ambassador” means the ambassador, high commissioner, 15
deputy ambassador, deputy high commissioner, consul-general, consul,
vice-consul, consular agent or pro consul appointed as such by the Central
Government and includes any person authorised by the Central Government
to perform the functions of an Indian ambassador;
(23) “Indian Coast Guard” means the Coast Guard constituted under 20
the Coast Guard Act, 1978; 30 of 1978.

(24) “Indian vessel” means a vessel which is registered under

section 15;
(25) “Limitation of Liability for Maritime Claims Convention” means
the Convention on Limitation of Liability for Maritime Claims signed in 25
London on the 19th day of November, 1976;
(26) “Maritime Labour Convention” means the Maritime Labour
Convention signed in Geneva on the 23rd day of February, 2006;
(27) “MARPOL Convention” means the International Convention for
the Prevention of Pollution from Ships, 1973 including its Protocol of 1978; 30

(28) “master” includes any person (except a pilot or a harbour master)

having command or charge of a vessel;
(29) “mortgage” means the transfer of an interest in a registered vessel
or a share therein for the purpose of securing the payment of money
advanced or to be advanced by way of loan, or other valuable consideration, 35
and the instrument creating the security, an existing or future debt, or the
performance of an agreement which may give rise to a pecuniary liability;
(30) “nautical advisor” means the nautical advisor specified in
sub-clause (i) of clause (d) of sub-section (1) of section 8;
(31) “notification” means a notification published in the Official 40
Gazette and the term “notify” or “notified” shall be construed accordingly;
(32) “owner”, in relation to a vessel, means the person to whom the
vessel or a share in the vessel belongs;
(33) “passenger” means any person carried onboard a vessel, except—
(a) a person employed or engaged in any capacity onboard the 45
vessel on the business of the vessel;
 5

(b) a person onboard the vessel either in pursuance of the

obligations laid upon the master to carry shipwrecked, distressed or other
persons or by reason of any circumstances which neither the master nor
the charterer, if any, could have prevented or forestalled; and
5 (c) a child under one year of age;
(34) “passenger vessel” means a vessel carrying more than twelve
passengers;
(35) “pollution damage” means,—
(a) loss or damage caused outside the vessel resulting from the
10 escape, emission or discharge of cargo, oil or any other material from
the vessel, wherever such escape, emission or discharge may occur; or
(b) the costs of impairment of environment or costs of
preventive measures and further loss or damage caused by preventive
measures;
15 (36) “pollution prevention convention” means any convention relating
to prevention of pollution from vessels, to which India is a party, including
MARPOL Convention, Anti-Fouling Systems Convention and Ballast Water
Management Convention;
(37) “port” shall include port facility, shipyard, ship breaking yards,
20 ship repair unit, offshore facilities and terminals;
(38) “port authority”,—
(a) in relation to any major port, means the Board of Major Port
Authority constituted under section 3 of the Major Port Authorities
1 of 2021. Act, 2021;
25 (b) in relation to any other port, means such person or body of
persons responsible for the administration of ports under any other
applicable law;
(c) in relation to any terminal or place not forming a part of a
port, means the person under whose supervision the terminal or place
30 is operated;
(39) “port facility” means any location or area including anchorages
or awaiting berths or approaches from seaward as determined by the Central
Government, or such designated authority as the Central Government may
notify, where interface between vessels or a vessel and a port takes place;
35 (40) “port of registry” means the port or place notified as such under
sub-section (3) of section 15 and in relation to a vessel, sailing vessel,
fishing vessel or any other vessel, means the port at which such vessel is
registered;
(41) “prescribed” means prescribed by rules made by the Central
40 Government under this Act;
(42) “principal officer” means the principal officer appointed under
sub-section (2) of section 11;
(43) “proceeding” includes any suit, appeal or application under this
Act;
45 (44) “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 matters to which reference is made in this Act;
 6

(45) “proper return port” means such port as is agreed upon by the
seafarer and his employer, in the agreement or otherwise, or in the absence of
an agreement, the port where the seafarer was employed or joined the vessel;
(46) “property”, in relation to a seafarer, includes personal effects;
(47) “reception facilities”, in relation to a port, terminal, shipyard, 5
ship repair facility or ship recycling facility, means facilities for enabling
vessels using the port terminal, shipyard, ship repair facility or ship
recycling facility to discharge or deposit any substance;
(48) “Registrar” means the Registrar of Indian vessel referred to in
section 18; 10

(49) “registered owner” means the person or persons registered as the

owner of the vessel;
(50) “Safety Convention” means the international convention for the
Safety of Life at Sea, signed in London on the 1st day of November, 1974
and shall include its protocols; 15

(51) “sailing vessel” means any primitive or traditionally built

wooden vessel not primarily propelled, provided with sufficient sail area for
navigation under sails alone, whether or not fitted with mechanical means
of propulsion, but does not include a pleasure craft;
(52) “salvage” means any act or activity undertaken to assist a vessel 20
or any other property in danger in navigable waters or in any other waters
whatsoever;
(53) “Salvage Convention” means the International Convention on
Salvage, 1989, signed in London on the 28th day of April, 1989;
(54) “salvor” means any person rendering services in direct 25
connection with salvage operation;
(55) “sea-going”, in relation to a vessel, means a vessel proceeding or
intending to proceed beyond such waters as the Central Government or the
State Government may, by notification, declare to be inland waters;
(56) “seafarer” means any person who is employed or engaged or 30
works in any capacity onboard a sea-going vessel, but does not include,—
(i) a person who is in the employment or engagement or work
onboard in any capacity in a warship or any Government vessel used
for military or non-commercial purposes; or
(ii) any other person as the Central Government may, by 35
notification, specify;
(57) “seafarer’s welfare officer” means the seafarer’s welfare officer
appointed under sub-section (2) of section 12;
(58) “security”, in relation to maritime security, includes any
measures to protect port facility or vessels or any person or thing relating 40
directly or indirectly to maritime navigation,—
(i) against terrorism, sabotage, stowaways, illegal migrants,
asylum seekers, piracy, armed robbery, seizure or pilferage; and
(ii) against any other hostile act or influence which threatens the
security in the maritime transport sector, 45

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, or undertaken by the Central Government;
 7

(59) “ship” means any watercraft, used or capable of being used in

navigation in, above, or under the water; but does not include fishing vessel
or sailing vessels;
(60) “ship owner” means the owner, including the registered owner
5 and bareboat charterer, of the vessel;
(61) “shipping master” means the shipping master appointed under
section 12;
(62) “shipping office” means the shipping office established under
section 12;
10 (63) “special trade passenger” means a passenger carried in special
trade passenger vessel in spaces on the weather deck or upper deck or
between decks which accommodate more than eight passengers;
(64) “State” means any country including India;
(65) “Standards of Training, Certification and Watchkeeping for
15 Seafarers Convention” means International Convention on Standards of
Training, Certification and Watchkeeping for Seafarers, 1978, signed in
London on the 7th day of July, 1978;
(66) “surveyor” means a person appointed under clause (d) of
sub-section (1) of section 8, or section 9;
20 (67) “tindal” means the person in command or charge of a sailing vessel;
(68) “Tribunal” means the Tribunal constituted under sub-section (1)
of section 89;
(69) “unseaworthy vessel” means vessel, the materials of which she is
made, her construction and design, the number, description and
25 qualification of the seafarers including officers, the weight, description and
stowage of the cargo and ballast, the condition of her hull and equipment,
boilers and machinery are not such as to render her in every respect fit for
the proposed voyage or service;
(70) “vessel” includes every description of water craft used or capable
30 of being used in the marine environment, such as ship, boat, sailing vessel,
fishing vessel, submersible, semi-submersible, hydrofoils, non-displacement
crafts, amphibious crafts, wing-in-ground crafts, pleasure crafts, barges,
lighters, Mobile Offshore Drilling Units, Mobile Offshore Units, or of any
other description, whether fitted with mechanical means of propulsion or not;
35 (71) “voyage” means the passage between the vessel’s port or place of
departure and her final port or place of arrival, including the activities
within the port;
(72) “wages” include emoluments;
(73) “wreck” includes the following, upon a maritime casualty, namely:—
40 (a) a sunken or stranded vessel; or
(b) any part of a sunken or stranded vessel, including any object
or goods or cargo that is or has been onboard such a vessel;
 8

(c) any object or goods or cargo that is lost at sea from a vessel
stranded, sunken or adrift at sea; or
(d) a vessel that is in distress or is about, or may reasonably be
expected, to sink or to strand, where effective measures to assist the
vessel or any property in danger are not already being taken to the 5
satisfaction of the Director-General.
PART II
ESTABLISHMENT OF BOARDS AND GENERAL ADMINISTRATION
CHAPTER I
ESTABLISHMENT OF NATIONAL SHIPPING BOARD AND SEAFARER’S WELFARE BOARD 10

Establishment 4. (1) With effect from such date as the Central Government may, by
of National
Shipping
notification, specify in this behalf, there shall be established a Board to be called
Board. the National Shipping Board (hereinafter referred to as the Shipping Board) for
the purposes of this Act.
(2) The Shipping Board shall consist of the following members, namely:— 15

(a) six members of Parliament of whom four shall be elected from

amongst themselves by members of the House of the People and two from
amongst themselves by the members of the Council of States;
(b) such number of other members, not exceeding sixteen, out of
which at least four shall be women, as the Central Government may think 20
fit to appoint to the Shipping Board, to represent—
(i) the Central Government;
(ii) ship owners;
(iii) seafarers; and
(iv) such other interests as in the opinion of the Central 25
Government, ought to be represented on the Shipping Board:
Provided that the Shipping Board shall include an equal number of persons
representing the ship owners and seafarers.
(3) The term of a member elected under clause (a) of sub-section (2) shall
come to an end as soon as he ceases to be a member of the House from which he 30
was elected.
(4) The Central Government shall nominate one of the members of the
Shipping Board to be its Chairperson.
(5) Notwithstanding anything contained in this section, the Member of
Parliament referred to in clause (a) of sub-section (2) or nominated as 35
Chairperson under sub-section (4), shall not be deemed to be holding the office of
profit for the purposes of sub-clause (a) of clause (1) of article 102 of the
Constitution.
(6) The Shipping Board shall advise the Central Government,—
(a) on matters relating to Indian shipping including the development 40
thereof; and
(b) on such other matters arising out of this Act as the Central
Government may refer to it for advice.
(7) The Shipping Board shall have power to regulate its own procedure for
the conduct of its business. 45
 9

(8) The term of office, manner of filling casual vacancies and travelling and
other allowances payable to, members of the Shipping Board and the service
conditions of the Chairperson, shall be such as may be prescribed.
(9) The Shipping Board shall be assisted by such officers and other
5 employees and the manner of their appointment and the terms and conditions of
their service shall be such as may be prescribed.
5. (1) With effect from such date as the Central Government may, by Constitution of
notification specify in this behalf, there shall be constituted an advisory board to Seafarer’s
Welfare Board.
be called as Seafarer’s Welfare Board (hereinafter referred to as the Welfare
10 Board) for the purposes of advising the Central Government on the measures to
be taken for promoting the welfare of seafarers under this Act, generally and in
particular on the following matters, namely:—
(a) the establishment of hostels or boarding and lodging houses for
seafarers;
15 (b) the establishment of clubs, canteens, libraries and other like
amenities for the benefit of seafarers;
(c) the establishment of hospital and provision of medical treatment
for seafarers;
(d) the provision of educational and other facilities for seafarers;
20 (e) the measures to be taken for welfare of distressed or abandoned seafarers;
(f) the measures to be taken in the case of seafarer who is a foreigner
but abandoned in the waters within the jurisdiction of India.
(2) The composition of the Welfare Board, the term of office of members
thereof, the procedure to be followed in the conduct of its business, the travelling
25 and other allowances payable to, members of the Welfare Board, shall be such as
may be prescribed.
(3) The fee payable by the owners of vessels for the purposes of providing
amenities to seafarers, the procedure by which any such fee may be collected or
recovered and the manner in which the proceeds of such fees, after deduction of
30 the cost of collection, shall be utilised, shall be such as may be prescribed.
(4) The port based welfare facility and any other measures to be taken for
promoting the welfare of seafarers shall be such as may be prescribed.
6. (1) The Central Government may make rules to carry out the provisions Power to make
of this Chapter. rules.

35 (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, manner of filling vacancies and the travelling
and other allowances payable to the members of the Shipping Board and the
service conditions of the Chairperson under sub-section (8) of section 4;
40 (b) the manner of appointment of officers and other employees of the
Shipping Board and the terms and conditions of their service under
sub-section (9) of section 4;
(c) the composition of the Welfare Board, term of office of its
members, procedure for conduct of business and the travelling and other
45 allowances payable to such members under sub-section (2) of section 5;
(d) the fee payable by owners of vessels, procedure for collection of
fees and the manner in which the proceeds of such fees shall be utilised
under sub-section (3) of section 5; and
 10

(e) the port based welfare facility and other measures to be taken for
promoting the welfare of seafarers under sub-section (4) of section 5.

CHAPTER II
MARITIME ADMINISTRATION
Director- 7. (1) The Central Government may, by notification, appoint a person to be 5
General of
Maritime
the Director-General of Maritime Administration for the purposes of exercising
Administration. or discharging the powers, authority or duties conferred or imposed upon him 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 10
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 such other officer as may be specified in the order.
(3) The Director-General may, with the previous approval of the Central
Government, by general or special order, direct that any power or authority 15
conferred upon or delegated to, and any duty imposed upon him 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 behalf.
(4) Every officer specified in section 8 shall discharge their functions under 20
the general superintendence and control of the Director-General.
Officers. 8. (1) There shall be the following officers to be appointed by the Central
Government who shall discharge the duties and functions under this Act,
namely:—
25
(a) Additional Director-General;
(b) Deputy Director-General;
(c) Assistant Director-General;
(d) Surveyors, which shall include the following, namely:―
(i) nautical advisor;
(ii) chief surveyor; 30

(iii) chief ship surveyor;

(iv) principal officer;
(v) deputy nautical advisor;
(vi) deputy chief surveyor;
(vii) deputy chief ship surveyor; 35

(viii) nautical surveyor;

(ix) engineer and ship surveyor;
(x) ship surveyor;
(xi) junior ship surveyor;
(e) shipping master which shall include deputy or assistant shipping 40
master;
(f) director which shall include deputy director or assistant director;
(g) senior radio surveyor;
(h) radio inspector;
 11

(i) seafarer’s welfare officer;

(j) any other officer as may be notified by the Central Government.
(2) The salary, allowances and other terms and conditions of service of the
officers specified in sub-section (1) shall be such as may be prescribed.
5 9. The Central Government may, by notification, appoint, as many persons Surveyor.
as it may think fit to be surveyors for the purposes of this Act:
Provided that the Central Government may, by notification, authorise any
person or body of persons, on such terms and conditions as may be specified
therein, to be surveyor for the purposes of this Act.
10 10. (1) The Central Government may, by notification, appoint, as many Senior radio
senior radio surveyors and radio inspectors as it may consider necessary for the surveyors and
radio inspectors.
purpose of securing compliance with the requirements of this Act and the rules
made thereunder relating to radio communication.
(2) The powers and functions of the senior radio surveyors and radio
15 inspectors shall be such as may be prescribed.
11. (1) The Central Government may establish and maintain at each of the Mercantile
Marine
ports of Mumbai, Kolkata, Chennai, Kochi, Kandla and such other ports or places Department.
in India, as it may consider necessary, an office of the Mercantile Marine
Department for the administration of this Act and the rules made thereunder.
20 (2) The Central Government may, by notification, appoint a person to be
the principal officer who shall be incharge of the office of the Mercantile Marine
Departments at the ports of Mumbai, Kolkata, Chennai, Kochi, Kandla and any
other port or places notified by the Central Government.
(3) The Central Government may, by notification, specify the office of the
25 Mercantile Marine Department at any other port or place which shall be in the
charge of such officer as the Central Government may appoint in this behalf.
12. (1) The Central Government may, by notification, establish a shipping Shipping office.
office at every port in India in which it thinks it necessary so to do, and shall as it
may consider necessary, appoint thereto—
30 (a) a shipping master and as many deputy shipping masters and
assistant shipping masters as may be required;
(b) a director and as many deputy directors and assistant directors as
may be required; and
(c) seafarer’s welfare officers.
35 (2) The Central Government may appoint seafarer’s welfare officers at such
ports in or outside India as it may consider necessary.
(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 such office as the Central Government
40 may specify, and thereupon the same shall be conducted accordingly.
13. (1) The Central Government may, by notification, constitute a body for Body for
the security of vessels and port facilities, with such name and to be headed by an security of
vessels and port
officer with such designation, as may be specified therein. facilities.
(2) The administration of the body shall vest in the officer who shall head
45 the body constituted under sub-section (1).
(3) The body constituted under sub-section (1) shall be responsible for
carrying out the regulatory and oversight function in respect of such matters
relating to security of vessels and port facilities as may be prescribed:
 12

Provided that while framing rules under this sub-section, the Central
Government shall take into consideration the provisions of the International Ship
and Port Facility Security Code under the Safety Convention.
(4) Without prejudice to the provisions of sub-section (3), the body
constituted under sub-section (1) shall perform the following functions, namely:— 5

(a) provide regulatory framework for security of vessels and port

facilities;
(b) ensure timely collection and exchange of security related
information with regard to vessels and port facilities;
(c) coordinate with other agencies; 10

(d) any other functions as may be prescribed.

PART III
REGISTRATION OF VESSELS
Application of 14. This Part shall apply to sea-going vessels.
this Part.
Indian vessel 15. (1) No vessel shall be an Indian vessel unless such vessel is owned by 15
and its any of the following persons and in such proportion of ownership as may be
registration.
notified by the Central Government, namely:—
(a) a citizen of India including a Non-Resident Indian or an Overseas
Citizen of India; or
(b) a company or a body established by or under any Central Act or State 20
Act having its registered office or principal place of business in India; or
(c) such other person or body as the Central Government may, by
notification, specify in this behalf.
(2) No vessel which is wholly owned by an Overseas Citizen of India shall
be required to be registered as an Indian vessel. 25

(3) The Central Government may, by notification, declare any port or place
. as a port of registry under this Act and every Indian vessel shall be registered
under this Part.
(4) Any vessel registered at a port in India under any enactment repealed by
this Act shall, at the commencement of this Act, be deemed to have been 30
registered under this Act and recognised as an Indian vessel.
(5) Subject to any exemptions or modifications made by the Central
Government, all vessels belonging to the Government, other than vessels of the
Indian Navy, Indian Coast Guard, customs authorities, Central Armed Police
Forces and police, shall be registered under this Act. 35

(6) Notwithstanding anything contained in this section, an Indian vessel

may be registered in a State other than India subject to such conditions as
may be prescribed.
(7) Any Indian vessel proceeding to sea without a valid certificate of
registration under this Act shall be detained until a valid certificate of registration 40
is produced to the proper officer.
(8) A vessel other than an Indian vessel abandoned in Indian waters
which is subsequently acquired by an entity eligible to register a vessel under
 13

this Act may be registered under this Act in accordance with such procedure
as may be prescribed.
16. Any foreign vessel chartered on a bareboat charter-cum-demise contract Registration of
Indian chartered
by an Indian charterer may be registered under this Part in such manner and foreign vessels.
5 subject to such conditions as may be prescribed.
Explanation.—For the purposes of this section, “bareboat charter-cum-demise”
means a bareboat charter where the ownership of the vessel is intended to be
transferred after a specified period to the charterer to whom it has been chartered.
17. Any vessel not registered under this Act which is sought to be recycled in Temporary
registration of
49 of 2019. 10 India in accordance with the provisions of the Recycling of Ships Act, 2019 and the vessels sought to
rules made thereunder, may be registered temporarily under this Part in such be recycled.
manner, for such duration and subject to such conditions as may be prescribed.
18. The principal officer of the Mercantile Marine Department or such person Registrar of
as the Central Government may, by notification authorise, shall be the Registrar of Indian vessels.

15 Indian vessels at such port of registry as may be specified in the notification.

19. (1) If, at any port or place a vessel becomes entitled to be registered as Provisional
an Indian vessel, the Registrar may grant a provisional certificate of registration registration of
Indian vessel.
in accordance with such procedure as may be prescribed and such provisional
certificate shall have the effect of a certificate of registration.
20 (2) The procedure for validity and extension or cancellation of such
registration shall be such as may be prescribed.
(3) The unsatisfied mortgage shall continue to be reflected in the register
book in case of deemed closure of the provisional registration.
20. (1) An Indian vessel shall be registered in accordance with such Procedure for
registration of
25 procedure, for such period and on payment of such fee as may be prescribed. Indian vessels.

(2) On the expiry of the period specified in sub-section (1), the registration
of the vessel shall be renewed in accordance with such procedure and on payment
of such fee as may be prescribed.
(3) The Director-General shall, by way of an order, specify certain
30 conditions for an Indian vessel and for different classes of vessels sought to be
registered under this Act.
(4) Where it appears to the Registrar that there is any doubt as to the title of
any Indian vessel, he may require evidence to be given to his satisfaction that the
vessel is entitled to be registered as an Indian vessel in such manner and in
35 accordance with such procedure as may be prescribed.
(5) The Registrar shall, on being satisfied with the requirements of this
section, grant—
(a) a certificate of registration containing the particulars of the vessel
as entered in the register book in such form and manner as may be
40 prescribed;
(b) a tonnage certificate containing the gross and net tonnage as
determined in such manner as may be prescribed.
(6) In the event of the certificate of registration being defaced or mutilated,
a new certificate shall be granted in lieu of the original certificate in such manner
45 as may be prescribed.
 14

(7) In the event of a registered vessel being,—

(a) actually, or constructively lost;
(b) taken by the enemy;
(c) burnt or broken up;
(d) for any reason, ceasing to be an Indian vessel; or 5

(e) registered under any other law for the time being in force at the
relevant time,
every owner of such vessel shall immediately on obtaining knowledge of the
event, comply with such procedure as may be prescribed.
(8) Every Indian vessel shall be described by such name, call sign and 10
official number in such manner as may be prescribed.
(9) Every Registrar shall keep a register book, make entries in that book
and maintain the records of vessels registered under the provisions of this Act, in
such manner as may be prescribed.
(10) Where there is a change in ownership of a registered Indian vessel, the 15
Registrar of the port of registry shall register the name of new owner and grant a fresh
certificate of registration, in accordance with such procedure as may be prescribed.
Temporary 21. Where, pursuant to an application for registration made before the
pass in lieu of
certificate of
Registrar, a certificate of registration has not been granted to a vessel within the
registration. specified period, but it appears to the Central Government that by reason of such 20
special circumstances as may be prescribed, it is desirable that permission should
be granted to any Indian vessel to proceed on a voyage, the Central Government
may authorise the Registrar to grant a pass in such form as may be prescribed,
and that pass shall for the period and within the limits mentioned therein have the
same effect as a certificate of registration. 25

Custody and 22. (1) The certificate of registration shall be used only for the lawful
use of navigation of the vessel and shall at all times remain in the custody of the person
certificate.
in charge of the vessel 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 vessel. 30

(2) No person, whether interested in a vessel or not who has in his

possession or under his control the certificate of registration of a vessel 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 vessel or, to any Registrar or other person entitled by law to 35
require such delivery.
(3) If the master or owner of an Indian vessel uses or attempts to use for her
navigation a certificate of registration not legally granted in respect of the vessel,
he shall be guilty of an offence under this sub-section and the vessel shall be
liable to forfeiture. 40

Transfer of 23. (1) No person shall transfer or acquire any Indian vessel or any share or
Indian vessel interest therein at any time during which the security of India or any part of the
or shares.
territory thereof is threatened by sanction, war or external aggression and a
proclamation of emergency issued under clause (1) of article 352 of the
Constitution is in operation, without the previous approval of the Central 45
Government and any transaction effected in contravention of this provision shall
be void and unenforceable.
(2) The Central Government may, if it considers necessary or expedient so
to do for the purpose of conserving the tonnage of Indian shipping, by order,
refuse to give its approval to any such transfer or acquisition in the circumstances 50
referred under sub-section (1).
 15

(3) No transfer or acquisition of any Indian vessel shall be valid unless,—

(a) all mortgages entered in its register are satisfied or the mortgagee
has given his consent in writing for the transfer of the vessel;
(b) all wages and other amounts due to seafarers in connection with
5 their employment on that vessel have been paid in accordance with the
provisions of this Act;
(c) any subsisting entry has been made of any court order prohibiting
transfer or any dealing with that vessel;
(d) any unpaid statutory fees that may be levied on the vessel has been
10 paid and informed in writing to the Registrar.
(4) Subject to the provisions contained in this section, an Indian vessel or a
share therein shall be transferred, only by an instrument, in such form and manner
as may be prescribed.
(5) The instrument for the transfer of an Indian vessel or of a share therein
15 shall be registered by the Registrar in accordance with such procedure as may be
prescribed.
24. The property in an Indian vessel or share therein may be transmitted to a Transmission of
property in Indian
person on the death or insolvency of any registered owner or by any lawful means vessel on death,
other than by a transfer under this Act subject to such conditions as may be insolvency, etc.
20 prescribed.
25. Where, by reason of the transmission of any property in a vessel or a Order for sale
where vessel has
share therein on death, insolvency or otherwise, a vessel ceases to be an Indian ceased to be an
vessel, it may be ordered to be sold in such manner as may be prescribed. Indian vessel.

26. (1) The mortgage of an Indian vessel shall be in the prescribed form and Mortgage of
vessel or share.
25 on the production of such instrument, the Registrar of Indian vessel’s port of
registry shall record it in the register book in such manner as may be prescribed.
(2) Mortgages shall be recorded by the Registrar in the order of 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
30 by him stating the day and hour of that record.
(3) Except in so far as may be necessary for making a mortgaged vessel 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 vessel or share, nor
shall the mortgagor be deemed to have ceased to be owner thereof.
35 (4) Where a registered mortgage is discharged, the Registrar shall, on the
production of such documents as may be prescribed, make an entry in the register
book to the effect that the mortgage has been discharged, and on that entry being
made, the estate, if any, which passed to the mortgagee shall vest in the person in
whom (having regard to intervening acts and circumstances, if any) it would have
40 vested, if the mortgage had not been made.
(5) If there are more than one recorded mortgage in respect of the same
vessel or share, the mortgagees shall, notwithstanding any express, implied or
constructive notice, have priority according to the date and time on which each
mortgage is recorded in the register book and not according to the date of each
45 mortgage itself.
27. (1) Where there is only one registered mortgagee of a vessel or share, he Rights of
shall be entitled to recover the amount due under the mortgage by selling the mortgagee.
mortgaged vessel or share without approaching the High Court:
 16

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 vessel 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 5
mortgaged vessel or share be sold in execution of the decree.
(3) Every registered mortgagee of a vessel or share who intends to recover
the amount due under the mortgage by selling the mortgaged vessel or share
under sub-section (1) shall give a notice relating to such sale to the Registrar of
Indian vessel’s port of registry in such form as may be prescribed. 10

(4) The notice under sub-section (3) shall be accompanied with the proof of
payment of the wages due to the seafarers in connection with their employment
on that vessel.
Liability of 28. When, during the continuance of the mortgage, the mortgagee takes
mortgagee.
possession of the mortgaged vessel or is asserting a claim before the court for 15
possession of the vessel, he shall be responsible for—
(a) managing the vessel as if it were his own vessel;
(b) making such necessary repairs to the mortgaged vessel as may be
required for the smooth operation and normal functioning of the vessel;
(c) ensuring that no act is committed which is destructive or permanently 20
injurious to the vessel; and
(d) such other liability as may be prescribed.
Mortgage not
affected by
29. A registered mortgage of a vessel or share shall not be affected by any act of
insolvency. 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 25
vessel or share in his possession, order or disposition, or was the reputed owner thereof,
and the mortgage shall be preferred to any right, claim or interest therein of the other
creditors of the insolvent or any trustee or assignee on their behalf.
Transfer of 30. (1) A registered mortgage of a vessel or share may be transferred to any
mortgages. person in such manner and the instrument effecting the transfer shall be in such 30
form as may be prescribed.
(2) The person to whom any such mortgage has been transferred shall enjoy
the same right of preference as was enjoyed by the transferor.
Transmission 31. The transmission of the interest of a mortgagee in a vessel or share on death,
of interest in
mortgage in
or insolvency, or by any lawful means other than by a transfer under this Act shall be in 35
certain accordance with such procedure and subject to such conditions as may be prescribed.
circumstances.
Rules as to 32. (1) An Indian vessel shall not be described by any name other than that
name of by which she is for the time being registered.
vessel.
(2) The Registrar may refuse the registration of any Indian vessel by the
name by which it is proposed if that name is already borne by another vessel or if 40
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 vessel except in
such manner as may be prescribed.
(4) If any person acts or suffers any person under his control to act in
contravention of this section or omits to do or suffers any person under his 45
control to omit to do anything required under this section, the vessel may be
detained until the provisions of this section are complied with:
 17

Provided that nothing in this sub-section shall apply to a foreign vessel

which has become, and is sought to be registered as, an Indian vessel.
33. When a registered vessel is so altered as not to correspond with the Registration of
particulars relating to her tonnage or description contained in the register alterations.

5 book, then, if the alteration is made at any port having a Registrar, that
Registrar, or if it is made elsewhere, the Registrar of the first port at which
the vessel arrives after the alteration, shall, on an application being made to
him by the owner stating the particulars of the alteration, either cause the
alteration to be registered or direct that the vessel be re-registered:
10 Provided that in case the vessel so altered is outside Indian port, the
Registrar may on report of inspection of such vessel by a surveyor or the
person authorised under sub-section (1) of section 9, re-register the vessel
without any requirement of the vessel to visit Indian port.
34. Where any Registrar, not being the Registrar of the vessel’s port of Provisional
15 registry, on an application as to an alteration in a vessel directs the vessel to certificate and
endorsement
be re-registered, he shall either grant a provisional certificate describing the where vessel is
vessel as altered, or provisionally endorse the particulars of the alteration on to be
the existing certificate. re-registered.

35. The registration of any vessel may be transferred from one port or Transfer of
20 place of registry to another on an application to the Registrar of the existing registration.
port or place of registry of the vessel 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
25 same manner as if no such transfer had been effected.
36. Where a vessel has ceased to be registered as an Indian vessel by Restrictions on
re-registration of
reason of having been wrecked or abandoned, or for any reason other than abandoned
capture by the enemy, the vessel shall not be re-registered until she has, at the vessel.
expense of the applicant, been surveyed by a surveyor and certified by him to
30 be seaworthy.
37. (1) The Central Government may, by notification, declare the proper National colours
national colours for all Indian vessels and for all vessels owned by the for Indian
vessels.
Government and different colours may be declared for different classes of
vessels.
35 (2) Vessels registered under this Part shall hoist the proper national
colours,—
(a) on a signal being made to her by any vessel of the Indian Navy
or Indian Coast Guard;
(b) on entering or leaving any port.
40 (3) Any commissioned officer of the Indian Navy or an officer of the
Indian Coast Guard or a surveyor or an Indian ambassador may board any
vessel on which any colours are hoisted contrary to this Act and seize and
take away the colours which shall be forfeited to the Government.
(4) No person onboard a vessel which is not an Indian vessel shall, for
45 the purpose of making it appear to be an Indian vessel, use the Indian national
colours, unless the assumption of Indian character has been made for the
purpose of escaping capture by the enemy or by a foreign vessel of war in the
exercise of some belligerent right.
 18

Concealment 38. No owner or master of an Indian vessel shall knowingly do anything

of Indian or
assumption of
or permit anything to be done, or carry or permit to be carried any papers or
foreign documents, with intent to conceal the Indian character of the vessel from any
character. person entitled by any law for the time being in force to inquire into the same,
or with intent to assume a foreign character for the vessel, or with intent to 5
deceive any person so entitled.
Liabilities of 39. Where it is declared by this Act that an Indian vessel shall not be
vessel not
recognised as
recognised as such, that vessel shall not be entitled to any privileges, benefits,
Indian vessel. advantages or protection usually enjoyed by Indian vessel or to use the Indian
national colours for Indian vessel or to assume the Indian national character 10
but so far as regards the payment of dues, the liability to fine or penalty and
forfeiture and the punishment of offences committed onboard such vessel or
by any person belonging to her, such vessel shall be dealt with in the same
manner in all respects as if she were a recognised Indian vessel.
Proceedings 40. Where any vessel has either wholly or as to any share therein 15
on forfeiture become subject to forfeiture under this Part, any commissioned officer of the
of vessel.
Indian Navy or Indian Coast Guard or an Indian ambassador or any other
officer authorised by the Central Government, may seize and detain the
vessel, under the directions of the proper officer and bring her for
adjudication before the High Court and the High Court may thereupon 20
adjudge the vessel with her equipment to be forfeited to the Government and
make such order in the case as the High Court seems just and may award to
the officer bringing in the vessel for adjudication such portion of the proceeds
of the sale of the vessel or any share therein as the High Court thinks fit.
Liability of 41. Where any person is beneficially interested otherwise than by way of 25
owners. mortgage, in any vessel or share in a vessel registered in the name of some
other person as owner, the person so interested as well as the registered owner
shall be subject to all the pecuniary penalties or fine imposed by this Act or
any other law for the time being in force on the owners of vessel or shares
therein, and proceedings for the enforcement of any such penalties or fine 30
may be taken against both or either of the said parties jointly or severally.
Evidence of 42. (1) A person may on application to the Registrar and on payment of
register book, such fees as may be prescribed, inspect any register book, and may obtain a
certificate of
registration
certified copy of any entry in the register book.
and other
documents.
(2) A certified copy of an entry in a register book shall be admissible in 35
evidence in any court and have the same effect to all intents as the original entry
in the register book of which it is a copy.
Closure of 43. (1) The owner of an Indian vessel may make an application to the
registration. Registrar in such form and manner as may be prescribed, to close its registration
40
if there is no—
(a) unsatisfied mortgage entered in its register; or
(b) outstanding claims of the master or seafarer of the vessel in
respect of wages which have been intimated.
(2) On receipt of the application under sub-section (1), the Registrar shall, if he
is satisfied, by an order, close the registration of the vessel and make an entry thereof 45
in the register and forward the copy of closure report to the Director-General.
Explanation.—For the purposes of this section, “owner” includes any
transferee of, or any person entitled under a transmission to the property in, an
Indian vessel.
 19

44. (1) The Central Government may make rules to carry out the provisions Power to make
rules.
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:—
5 (a) the conditions for registration of an Indian vessel under sub-section (6)
of section 15;
(b) the procedure for registration of an abandoned vessel under
sub-section (8) of section 15;
(c) the manner and conditions for registration of a foreign vessel
10 chartered on a bareboat charter-cum-demise contract by an Indian charterer
under section 16;
(d) the manner, duration and conditions for temporary registration of a
vessel sought to be recycled under section 17;
(e) the procedure for issuance of provisional certificate of registration
15 under sub-section (1) and the procedure, validity, and extension of such
registration or cancellation under sub-section (2), of section 19;
(f) the procedure, period and fees for registration and renewal thereof,
of an Indian vessel under sub-section (1) and sub-section (2) of section 20;
(g) the manner and procedure in accordance with which the Registrar
20 may require evidence to be given for the purposes of inquiring into the title
of an Indian vessel under sub-section (4) of section 20;
(h) the form and manner of grant of certificate of registration and manner
of determination of gross and net tonnage under sub-section (5) of section 20;
(i) the manner of granting new certificate in lieu of original certificate of
25 registration being defaced or mutilated under sub-section (6) of section 20;
(j) the compliance of procedure by the owner of registered vessel
under sub-section (7) of section 20;
(k) the manner of description of the name, call sign and official
number of Indian vessels under sub-section (8) of section 20;
30 (l) the manner of keeping the register book and making entries therein
and maintenance of the records of vessels registered under this Act under
sub-section (9) of section 20;
(m) the procedure for registration and issuance of a fresh certificate
under sub-section (10) of section 20;
35 (n) the special circumstances for grant of temporary pass and the form
in which such pass shall be granted under section 21;
(o) the form and manner of instrument by which an Indian vessel or
share therein shall be transferred under sub-section (4) of section 23;
(p) the procedure for registration of the instrument by which an Indian
40 vessel or a share therein shall be transferred under sub-section (5) of section 23;
(q) the procedure for transmission of property in Indian vessel on
death, insolvency, etc., under section 24;
(r) the manner in which a vessel ceasing to be an Indian vessel is
ordered for sale under section 25;
45 (s) the form of mortgage and the procedure and manner in which the
Registrar shall record the mortgage in the register book, under sub-section (1) of
section 26;
 20

(t) the documents required to be produced for the discharge of a

registered mortgage of a vessel under sub-section (4) of section 26;
(u) the form of notice under sub-section (3) of section 27;
(v) the other liabilities of mortgagee under clause (d) of section 28;
(w) the manner for transfer of mortgage and the form of instrument 5
effecting the transfer of mortgage, under sub-section (1) of section 30;
(x) the procedure and conditions for transmission of interest in
mortgage under section 31;
(y) the manner in which the name of an Indian vessel may be
changed under sub-section (3) of section 32; 10

(z) the fee for inspection of register book and a certified copy of
any entry of the register book under sub-section (1) of section 42;
(za) the form and manner of application for closure of registration
under sub-section (1) of section 43;
(zb) any other matter which is required to be or may be prescribed. 15

PART IV
MARITIME EDUCATION AND TRAINING
Certificates to 45. (1) Every Indian vessel shall have seafarers with manning scales,
be held by
seafarers. based on categories of vessel, areas and types of operations, as may be
prescribed. 20

(2) The seafarer shall hold certificate of competency or certificate of

proficiency granted under section 46 appropriate to his rank in the vessel, or
of such higher grade, as may be prescribed:
Provided that an Indian national, including Overseas Citizen of India
with such certificate or foreign certificate of competency recognised by the 25
Director-General, may serve on Indian vessels subject to such conditions and
restrictions as may be prescribed.
Certificate of 46. (1) An officer notified by the Central Government as the issuing
competency authority shall, subject to the provisions of the Standards of Training,
and certificate
of proficiency. Certification and Watchkeeping for Seafarers Convention, grant a certificate 30
of competency or certificate of proficiency for different grades of seafarers
with such requirements and procedures as may be prescribed.
(2) No certificate of competency or certificate of proficiency shall be
granted under sub-section (1), unless the seafarer fulfils the requirements in
respect of service, age limit, medical fitness, approved training courses 35
including onboard training, qualifications and examination in accordance with
the Standards of Training, Certification and Watchkeeping for Seafarers
Convention.
(3) Notwithstanding anything contained in sub-sections (1) and (2), the
issuing authority notified under sub-section (1) may grant such other 40
certificate of competency or certificate of proficiency with such requirements
and procedures as may be prescribed.
(4) The form, fee, period of validity and the manner of keeping record of
a certificate of competency or certificate of proficiency shall be such as may
45
be prescribed.
 21

47. (1) The Director-General shall administer, supervise and monitor all Training for
grant of
activities relating to maritime education, training and assessment and approve the certificate of
training institutes, training courses including onboard training, as applicable and competency and
method of conduct of such training course for the grant of certificate of certificate of
proficiency.
5 competency or certificate of proficiency under this Part.
(2) No certificate of competency or certificate of proficiency referred to in
sub-section (1) shall be granted unless the training required for certification under
the Standards of Training, Certification and Watchkeeping for Seafarers
Convention is imparted in accordance with the provisions of this section.
10 (3) The Director-General may, for the purposes of this Part, authorise a
surveyor or any person or body of persons to inspect any maritime training
institute and the person so authorised in this behalf shall submit the report to the
Director-General.
(4) The Director-General may, after receipt of the inspection report under
15 sub-section (3), if he is satisfied that the maritime training institute has
contravened any provisions of this Part, suspend or withdraw the approval
granted to such maritime training institute after giving the institute an
opportunity of being heard.
(5) The Central Government, on receipt of any information pertaining to any
20 training institute operating without obtaining approval of the Director-General under
sub-section (1), may undertake action against such institute in accordance with such
procedure as may be prescribed.
(6) Every pilot or person performing the duties of a pilot at any port shall,
from time to time, undergo such training and possess such certificates as the
25 Director-General may by order, specify.
48. (1) The Central Government shall appoint such persons having the Examination for
grant of
qualifications in accordance with the Standards of Training, Certification and certificates.
Watchkeeping for Seafarers Convention as examiners for the purposes of
assessing and examining the competence of persons desirous of obtaining
30 certificates of competency or proficiency under this Part.
(2) The nautical advisor shall be the Chief Examiner for the master and
deck department personnel and the chief surveyor shall be the Chief examiner for
engine department personnel:
Provided that in the absence of the nautical advisor and the chief surveyor,
35 the Central Government may authorise any surveyor to act as the chief examiner.
(3) The manner of conducting examination for certificate of competency or
certificate of proficiency, the fees to be charged and the payment to be made to
the examiners appointed under sub-section (1), shall be such as may be
prescribed.
40 (4) The issuing authority referred to in sub-section (1) of section 46 shall
grant the certificate of competency or certificate of proficiency to every applicant
duly reported by the examiners to have passed the examination and achieved the
desired level of competence for that grade of certificate with satisfactory
evidence of his sobriety, experience, ability and general good conduct onboard
45 vessel.

(5) If the issuing authority is not satisfied with the report of the examiner,
he may require re-examination of the applicant including inquiry into the
applicant’s testimonials and character.
 22

(6) If it appears to the issuing authority that a person holding a certificate

of competency or certificate of proficiency has obtained it based on false or
erroneous information, or is guilty of indiscipline or misconduct, incompetency,
or any act of omission or commission or compromise to safety, security or
prevention of pollution which may pose a threat to life or property or 5
environment, he may, after due investigation, by order, withdraw, suspend or
cancel such certificate:
Provided that no order shall be passed under this sub-section without
giving the person holding the certificate a reasonable opportunity of being
heard. 10

(7) The person whose certificate is withdrawn, suspended or cancelled by

the issuing authority under sub-section (6) may appeal against such order, in
accordance with such procedure as may be prescribed, before such officer as
the Central Government may, by notification specify, as the appellate authority.
(8) Whenever a person holding a certificate granted under this Part proves 15
to the satisfaction of the issuing authority that he has lost or is deprived of such
certificate, the issuing authority shall, on payment of such fee as may be
prescribed, grant a copy of the certificate and such copy shall have all the
effects of the original certificate.
Production of 49. (1) The master of every vessel shall on demand, produce to the proper 20
certificate of officer the certificates of competency of the seafarers of the vessel along with a
competency.
list containing the particulars of grades of certificates of the seafarers including
the master.
(2) A surveyor may at any reasonable time, go onboard a vessel to which
any of the provisions of this Part applies, for the purpose of ensuring that the 25
seafarers holding certificates granted in accordance with the Standards of
Training, Certification and Watchkeeping for Seafarers Convention are actually
appointed and are present, and satisfy himself about the adequacy of such
seafarers for the watch-keeping duties in ports and at sea.
Recognition of 50. (1) Where in a State other than India, certificate of competency is 30
certificates of granted under any law for the time being in force in that State which is
competency
granted in similar to those referred to in this Act, then if the Central Government is
other States. satisfied that,—
(a) the conditions under which any certificate of competency is
granted in that State are not lower than the standards required for the grant 35
under this Act for corresponding certificates; and
(b) the certificate granted under this Act is accepted in that State in
lieu of the corresponding certificate granted under the laws of that State,
the Central Government may, by notification, declare that any certificate of
competency granted under the law in force in that State shall be recognised as 40
equivalent to the corresponding certificate of competency granted under this
Act.
(2) The certificate recognised under this section as equivalent may be
issued with a certificate of endorsement as may be prescribed and a person
holding such certificate of endorsement shall be considered as duly certificated 45
under this Act.
Foreign vessel 51. (1) Every master of a foreign vessel shall, before proceeding to sea
not to sail
without
from any port or place in India, ensure that the vessel has the requisite number
seafarers of seafarers of appropriate grades in compliance with the Safety Convention
having and Standards of Training, Certification and Watchkeeping for Seafarers 50
certificate.
Convention.
 23

(2) A surveyor or any person authorised in this behalf by the Central

Government may, at any reasonable time, go onboard a vessel for the purpose of
ensuring that the seafarers holding certificates granted in accordance with the Safety
Convention and Standards of Training, Certification and Watchkeeping for Seafarers
5 Convention are actually appointed and are present, and satisfy himself about the
adequacy of such seafarers for the watchkeeping duties in ports and at sea.
(3) If a surveyor or any person authorised under sub-section (2) reports any
deficiency in a foreign vessel in relation to the requirements of the Safety
Convention and Standards of Training, Certification and Watchkeeping for
10 Seafarers Convention and the Central Government is satisfied that it is unsafe for
such vessel to proceed to sea, that vessel may be detained by the proper officer
till such requirements are fulfilled.
52. Every Indian citizen holding a certificate of competency or certificate of Obligations of
proficiency or certificate recognised under section 50, shall, at any time during certain
certificate
15 which the security of India is threatened or during a proclamation of emergency holders to serve
issued under clause (1) of article 352 of the Constitution, be liable to serve on on Indian
Indian vessel for such period and on such terms and conditions as the Central vessels.
Government may, by general or special order, specify in this behalf.
53. (1) The Central Government may make rules to carry out the provisions Power to make
20 of this Part. rules.

(2) In particular, and without prejudice to the generality of the foregoing

power, such rules may provide for all or any of the following matters, namely:—
(a) the manning scales of the seafarers based on different categories of
vessel, areas and types of operations under sub-section (1) of section 45;
25
(b) the grade of a certificate and the conditions and restrictions subject
to which seafarers may serve on Indian vessels under sub-section (2) of
section 45;
(c) the requirements and procedure for grant of certificate of
competency or certificate of proficiency to the different grades of seafarer
30 under sub-section (1) of section 46;
(d) the requirement and procedure for grant of other certificates of
competency or certificates of proficiency under sub-section (3) of section 46;
(e) the form of certificate, fees and the validity of such certificate and
the manner in which the records of certificates are to be kept under
35 sub-section (4) of section 46;
(f) the procedure in accordance with which the Central Government
may undertake action against training institutes operating without approval
of the Director-General under sub-section (5) of section 47;
(g) the manner of conducting examination for certificate of competency
40 or certificate of proficiency, fee to be charged and payment to be made to the
examiners under sub-section (3) of section 48;
(h) the procedure in accordance with which a person may appeal
before the appellate authority against the order passed by the issuing
authority under sub-section (7) of section 48;
45 (i) the fee for grant of certificate if lost or deprived, under sub-section (8) of
section 48;
(j) the certificate of endorsement under sub-section (2) of section 50;
(k) any other matter which is required to be or may be prescribed.
 24

PART V

SEAFARERS
Application of 54. Save as otherwise provided, this Part shall apply to,—
this Part.
(a) every seafarer;

(b) recruitment and placement service; and 5

(c) ship owners.

Definitions. 55. In this Part, unless the context otherwise requires,—

(a) “Declaration of Maritime Labour Compliance” means a

declaration issued by the Central Government or by any officer,
authority or organisation authorised by the Central Government in this 10
behalf, in respect of a vessel that it meets with the requirements and
standards set out in the provisions of the Maritime Labour Convention;

(b) “recruitment and placement service” means any person,

company, institution, agency or other organisation, in public or private
sector which is engaged in recruiting seafarers on behalf of employers or 15
placing seafarers with the employers;

(c) “ship owner” means the owner of the ship or any organisation
or person, such as the manager, agent or bareboat charterer, who has
assumed the responsibility for the operation of the ship from the owner
and who, on assuming such responsibility, has agreed to take over the 20
duties and responsibilities imposed on ship owners in accordance with
the Maritime Labour Convention, even if any other organisation or
persons fulfil certain of the duties or responsibilities on behalf of the
ship owner.
Classification 56. (1) Notwithstanding anything contained in any other law for the time 25
of seafarers.
being in force, the provisions of this Act shall apply to any person employed
or engaged as a seafarer.

(2) The Central Government shall make rules for the classification of
seafarers into different categories, the minimum manning scale of seafarers of
such categories, and the different scales for different classes of vessels. 30

(3) Seafarers shall be deemed to be key workers, for the purposes of

facilitation of safe and unhindered movement for embarking or disembarking a
vessel, shore leave, and when necessary, for shore-based medical treatment.

Application of 57. (1) The provisions relating to maritime labour standards as contained
maritime in the Maritime Labour Convention, shall apply to all seafarers and vessels 35
labour
standards to
registered under this Act, but shall not apply to,—
seafarers and
vessels. (a) vessels which navigate exclusively in inland waters or waters
within, or closely adjacent to, sheltered waters or areas where any law
for the time being in force relating to ports apply;

(b) vessels engaged in fishing activities; 40

(c) traditionally built vessels such as dhows and junks;

(d) vessels of war or naval auxiliaries.

 25

(2) Every vessel registered under this Act and every vessel other than an
Indian vessel while within the jurisdiction of India shall, subject to such
conditions as may be prescribed, be in possession of a certificate granted in
accordance with the provisions of the Maritime Labour Convention.
5 (3) No vessel shall proceed to sea unless it is in possession of the certificate
referred to in sub-section (2).
(4) The ship owner and the recruitment and placement service provider
shall jointly and severally be liable to discharge the responsibilities of the ship
owner and such service provider shall be deemed to be the ship owner for the
10 purposes of offences and penalties under sections 281 and 282.
58. (1) It shall be the duty of the shipping master to— Duties of
shipping master,
(a) monitor and facilitate the engagement and discharge of seafarers director and
seafarer’s
in the manner provided under this Act; welfare officer.
(b) provide means for securing the presence onboard at the proper
15 times of seafarers who are so engaged;
(c) grant such continuous discharge certificate and seafarer’s identity
documents in such form and manner as may be prescribed;
(d) hear and decide disputes between a master, ship owner or his agent
and any of the seafarers;
20 (e) transmit the complaint of any dispute arising in the territorial
waters of India, of a foreign seafarer with the master, ship owner or his
agent in respect of a vessel registered in a State other than India, to the
competent authority of the country of registration and a copy of such
complaint shall be forwarded to the Director-General, International Labour
25 Organisation Office.
(2) It shall be the duty of the director to—
(a) grant licence subject to such conditions as may be prescribed,
regulate and control the recruitment and placement service and,—
(i) ensure that no fees or other charges for recruitment or
30 placement of seafarers are borne directly or indirectly or in whole or
in part, by the seafarers other than the cost of the seafarer obtaining a
national statutory medical certificate, the national seafarer’s book and
a passport or other similar personal travel documents, not including,
however, the cost of visas, which shall be borne by the ship owner;
35 (ii) ensure that adequate machinery and procedures exist for the
investigation, if necessary, of complaints concerning the activities of
recruitment and placement services; and
(iii) to maintain registers of seafarers in respect of the categories
of seafarers;
40 (b) inspect and verify the books of account and financial documents of
the recruitment and placement service provider and maritime training institute
approved under this Act as and when directed by the Director-General;
(c) perform such duties of the shipping master as the Director-General
may by order direct.
45 (3) It shall be the duty of the seafarer’s welfare officer—
(a) in the case of any officer appointed at any port in India, to perform
such functions in relation to welfare of seafarers as may be assigned to him
by the Central Government;
 26

(b) in the case of any officer appointed at any port outside India, to
perform such functions in relation to welfare of seafarers and such functions
of an Indian ambassador as may be assigned to him by the Central
Government and such functions shall have the same effect as if they had
been performed by an Indian ambassador for the purposes of this Part. 5

(4) The shipping master or the director or the seafarer’s welfare officer shall
also perform such other duties as the Central Government may, by general or
special order, specify in this behalf.
Minimum age 59. No person under the age of sixteen years shall be engaged, employed or
for seafarers. work onboard any vessel. 10

Medical 60. No person shall engage or carry to sea any seafarer to work in any
certificate. capacity in any vessel, unless the seafarer is in possession of a certificate to the
effect that he is medically fit to be employed in that capacity granted in such form
and by such authority as may be prescribed.
Training and 61. (1) The Central Government may, by order, direct that the seafarers 15
qualifications. generally or any category of seafarers in particular shall not be engaged or carried
to sea to work in any capacity in any vessel or in any class of vessels specified in
the said order, unless each one of them possesses such qualifications as may be
specified by the Director-General, in accordance with the Safety Convention and
Standards of Training, Certification and Watchkeeping for Seafarers Convention. 20

(2) The ship owner shall ensure that the seafarers shall not work on the
vessel unless they are trained or certified as competent or otherwise qualified to
perform their duties and have successfully completed training for personal safety
onboard vessel.
(3) The training and certification under sub-section (2), shall be in 25
accordance with the mandatory instruments adopted by the International
Maritime Organisation.
Recruitment 62. (1) The seafarer shall be engaged only by,—
and placement
of seafarers. (a) the recruitment and placement service agency possessing the
licence granted under this Part; or 30

(b) the owners in the case of Indian vessel for the vessel owned by
them.
(2) No person,—
(a) other than an owner of Indian vessel in respect of the vessel owned
by him, shall carry on the business of recruitment and placement service, 35
unless he is in possession of a valid licence granted under this Part;
(b) shall engage any seafarer under this Act in any vessel unless the
seafarer is in possession of a continuous discharge certificate and seafarer’s
identity documents issued under this Part except as otherwise exempted;
(c) shall demand or receive, either directly or indirectly from any 40
seafarer or person seeking onboard training or employment as seafarer or
any person on his behalf, any remuneration or fees or other charges for
seafarer recruitment or placement or for providing onboard training or
employment to seafarer or person seeking onboard training or employment
45
as seafarer:
Provided that the cost of obtaining a medical certificate, the
continuous discharge certificate or identity document and a passport or
other similar personal travel documents by the seafarer may be borne by the
seafarer or any person on his behalf but not including the cost of visas,
which shall be borne by the ship owner; 50
 27

(d) shall discriminate between seafarers as regards their recruitment

and engagement onboard any vessel,—
(i) on the ground of their membership or lack of membership in
any particular union purporting to represent the interests of seafarers;
5 (ii) on the basis of training institute from where they obtained
the training or the place of grant of their continuous discharge
certificates.
(3) The Central Government or any officer authorised by it in this behalf, if
satisfied that in the national interest or in the interest of seafarer, it is necessary so
10 to do, may, by order in writing, prohibit the master or ship owner or his agent
other than of an Indian vessel specified in the order, from engaging any person to
serve as a seafarer on such vessel.
(4) The services of the seafarer engaged in contravention of sub-section (1)
shall not be recognised for the purposes of certification under Part IV.
15 (5) The Director-General may suspend or withdraw the continuous discharge
certificate or certificate of competency or the certificate of proficiency of a
seafarer who seeks or obtains employment as a seafarer in violation of sub-section (1)
and clause (a) of sub-section (2), with his own knowledge:
Provided that no order for suspension or withdrawal of any certificate shall be
20 passed unless the seafarer has been given a reasonable opportunity of being heard.
(6) Every recruitment and placement service agency possessing the licence
granted under this Part shall,—
(a) ensure that the ship owner has the financial ability to repatriate
abandoned seafarers;
25 (b) ensure that the ship owner repatriates abandoned seafarers along
with their maintenance and required medical assistance before such
repatriation;
(c) in case of death, transport the mortal remains of a deceased
seafarer;
30 (d) ensure that the labour conditions on the vessel where the seafarer
is placed are in conformity with the seafarer’s employment agreement;
(e) ensure that any incident onboard the vessel causing injury,
disappearance or death, is reported within twenty-four hours of receipt of
such information to such authority, in such form and manner as may be
35 prescribed;
(f) ensure that reports in relation to seafarers recruited or placed
through the recruitment and placement service agency, including any
change in the terms and conditions of the recruitment and placement, are
submitted to such authority, in such form and manner within such time as
40 may be prescribed;
(g) undertake such other responsibilities as may be prescribed.
63. (1) The master or owner of every Indian vessel or recruitment and Agreement with
seafarers.
placement service agency for Indian vessel or foreign vessel shall enter into seafarers’
employment agreement in such form and manner as may be prescribed with every
45 seafarer whom he engages and shall submit a copy thereof to the shipping master.
(2) Notwithstanding anything contained in any other provisions of this Act,
the master of an Indian vessel registered at a port outside India, or owner of such
vessel or his agent who has an agreement with the seafarer made in due form
according to the law of that port or of the port in which her seafarer is engaged,
50 may engage in any port in India—
 28

(a) a seafarer who is not a citizen of India and who holds a continuous
discharge certificate or any other similar document of identity issued by the
competent authority of the State in which the vessel is registered or, of the
State in which the said agreement was made; or
(b) a seafarer who is a citizen of India and who holds a continuous 5
discharge certificate granted under this Act,
and any seafarer so engaged under clause (a) or clause (b) may sign the
agreement aforesaid.
(3) A seafarer shall, before signing a seafarers’ employment agreement, be
given an opportunity to examine and seek advice on the agreement to ensure that 10
he has freely entered into an agreement with sufficient understanding of his rights
and responsibilities.
Wages. 64. (1) Every ship owner of an Indian vessel shall ensure that full payments
due to seafarers are made to them at not later than monthly intervals and are
given a monthly account of payments due and amounts paid, including wages and 15
additional payments.
(2) If any amount in respect of wages payable to a seafarer under a seafarer
employment agreement is not paid within the monthly interval, the seafarer shall
be entitled to wages at the rate last payable under the seafarers’ employment
agreement for every day on which it remains unpaid until the full amount is paid, 20
along with interest at such rate as may be prescribed but no interest shall be
payable if the failure to make such monthly payment was due to—
(a) a reasonable mistake; or
(b) a reasonable dispute as to liability; or
(c) the act or default of the seafarer; or 25

(d) any other cause not being the wrongful act or default of the persons
liable to make the payment or of their servants or agents.
Hours of rest. 65. Every ship owner shall ensure that every seafarer in his employment is
given such hours of rest as may be prescribed.
Entitlement to 66. Every ship owner of an Indian vessel shall ensure that seafarers are 30
leave. allowed paid annual leave subject to such conditions as may be prescribed.
Repatriation. 67. (1) Seafarers shall have the right to be repatriated at no cost to themselves in
such circumstances and subject to such conditions as may be prescribed.
(2) Every ship owner of an Indian vessel shall provide such financial security to
ensure that seafarers are duly repatriated in such manner as may be prescribed. 35

(3) When the service of a seafarer is terminated without the consent of the
seafarer at a port outside India before the expiration of the period for which the
seafarer was engaged, the master, ship owner or his agent shall, in addition to any
other related obligation imposed on either of them by this Act, make adequate
provision for the maintenance of the seafarer according to his rank or rating, and 40
for the return of that seafarer to a proper return port.
(4) If the master, ship owner or his agent fails to repatriate seafarers, the
expenses of maintenance and of the journey to the proper return port shall, if
defrayed by the seafarer, be recoverable as wages due to him, and if defrayed by
an Indian ambassador, shall constitute a debt due to the Central Government in 45
accordance with the provisions of sub-section (3) or sub-section (4) of section 91.
Compensation 68. In case of loss or foundering of any vessel, the ship owner shall pay to
for vessel’s each seafarer onboard such indemnity against unemployment resulting from such
loss or
foundering. loss or foundering, as may be prescribed.
 29

69. Every vessel shall employ such number of seafarers, as may be Manning levels.
prescribed, onboard to ensure that vessels are operated safely and efficiently with
due regard to security under all conditions, taking into account concerns about
seafarer’s fatigue and the particular nature and conditions of the voyage.
5 70. Every ship owner shall provide and maintain such accommodations and Accommodation
and recreational
recreational facilities for seafarers working or living onboard, or both, consistent facilities.
with promoting the seafarer’s health and well-being, as may be prescribed.
71. (1) Every ship owner shall provide for food and drinking water having Food and
quality, nutritional value and quantity that adequately covers the requirements of catering.
10 the seafarers and takes into account the differing cultural and religious background.
(2) Seafarers onboard a vessel shall be provided with food and water free of
charge during the period of engagement.
(3) The ship owner shall ensure that the seafarers who are engaged as cooks
of the vessel are trained, qualified and found competent as specified by the
15 Director-General.
72. It shall be the duty of the ship owner to take such measures for Medical care.
providing protection of health and medical care, at no cost to seafarers employed
onboard the vessel, as may be prescribed.
73. (1) The ship owner shall ensure that seafarers employed on the vessels are Ship owners’
20 provided with a right to material assistance and support with respect to the financial liability.
consequences of sickness, injury or death occurring while serving under a seafarers’
employment agreement or arising from their employment under such agreement.
(2) Nothing contained in sub-section (1) shall affect any other legal remedy
available to a seafarer under any other law for the time being in force.
25 74. Every ship owner shall ensure that seafarers working onboard the vessel Health and
are provided with occupational health protection and they live, work and train safety protection
and accident
onboard vessel in a safe and hygienic environment, in accordance with such prevention.
guidelines as the Director-General may by order, specify.
75. All seafarers shall have access to such branches of social security Social security.
30 protection as may be prescribed.
76. (1) The Central Government shall, for the purposes of giving effect to Flag State
the provisions of Part A of the Code of the Maritime Labour Convention relating responsibilities.
to flag State responsibilities, make rules for all or any of the following matters,
namely:—
35 (a) establishing an effective system for inspection and certification of
maritime labour conditions;
(b) authorise public institutions or other organisations competent to
carry out inspections or grant certificates;
(c) effective and coordinated system of regular inspections, monitoring
40 and other control measures;
(d) onboard complaint procedure for the fair, effective and expeditious
hearing of seafarer’s complaint alleging breach of the Maritime Labour
Convention; and
(e) compliance and enforcement.
45 (2) The Central Government shall, by order, specifiy such Indian vessels
which shall carry and maintain Declaration of Maritime Labour Compliance.
 30

Port State 77. (1) The Central Government shall, for the purposes of giving effect to
responsibilities.
the provisions of Part A of the Code of the Maritime Labour Convention relating
to port State responsibilities, make rules for all or any of the following matters,
namely:—
(a) establishing an on shore complaint redressal procedure; 5

(b) establishing a procedure for inspections in port;

(c) compliance and enforcement.
(2) The Director-General shall notify a system for inspection of vessels and
the procedure for port State inspections, including—
(a) the requirement to develop, maintain and update an electronic 10
inspection database, containing all information required for implementation
of an effective and coordinated system of regular inspections; and
(b) specifying risk profile of all vessels calling at Indian ports in the
inspection database.
Rules for 78. (1) The Central Government shall, for the purposes of giving effect to 15
enforcement of the provisions of Part A of the Code of the Maritime Labour Convention, make
Maritime
Labour rules for all or any of the following matters, namely:—
Convention. (a) minimum age;
(b) medical certificate;
20
(c) training and qualifications;
(d) recruitment and placement;
(e) seafarers’ employment agreements;
(f) payment of wages;
(g) hours of work and hours of rest;
25
(h) entitlement to leave;
(i) repatriation;
(j) compensation in case of loss of vessel or foundering;
(k) manning levels;
(l) service conditions including skill development opportunities;
(m) accommodation, recreational facilities, food and catering; 30

(n) ship owners’ liability;

(o) health protection, medical facilities, welfare and social security
protection;
(p) any other matter which is to be or may be required for compliance
and enforcement of the Maritime Labour Convention. 35

(2) The Central Government may, for the purposes of giving effect to,
Part B of the Code of the Maritime Labour Convention and any other provision of
the Maritime Labour Convention which has not been given effect to in this Act,
make rules for all or any of the matters specified in sub-section (1).
Payment of 79. (1) Where the service of any seafarer engaged under this Act is 40
wages.
terminated before the date specified in the agreement by reason of the wreck, loss
or abandonment of the vessel or by reason of his being left on shore at any place
outside India under a certificate granted under this Act of his unfitness or
inability to proceed on the voyage, the seafarer shall be entitled to receive wages
on such terms and conditions, including the periods during which such seafarer 45
shall not be entitled to wages, as may be prescribed.
 31

(2) Subject to such exceptions as may be prescribed, a seafarer shall not be

disentitled to claim wages for any period during which he has not performed his duty,
if he proves that he was incapable of doing so by reason of illness, hurt or injury.
(3) If a seafarer having signed an agreement is discharged otherwise than in
5 accordance with the terms thereof, without fault on his part justifying the discharge
and without his consent, he shall be entitled to receive from the master or ship owner
or his agent, in addition to any wages which he may have earned, as due
compensation for the damage caused to him by the discharge, such sum as the
shipping master may fix having regard to the circumstances relating to the discharge,
10 which may be recovered as wages.
(4) The compensation so payable under sub-section (3) shall not exceed—
(a) in the case of a seafarer who has been discharged before the
commencement of a voyage, one month’s wages; and
(b) in the case of a seafarer who has been discharged after the
15 commencement of a voyage, three month’s wages.
80. (1) A seafarer serving in an Indian vessel shall, on termination of his Discharge of
engagement, be discharged in such manner as may be prescribed. seafarers.

(2) If an Indian vessel is transferred or disposed of while she is at sea or

on a voyage to any port outside India, every seafarer belonging to that vessel
20 shall be discharged at that port, unless he consents in writing to complete the
voyage in the vessel, if continued.
(3) If a seafarer is discharged from an Indian vessel without his consent
and before the expiration of the period for which the seafarer was engaged, he
shall be duly repatriated in accordance with the provisions of section 6 7.
25 (4) Every seafarer discharged in terms of sub-section (2) shall, if the voyage for
which he was engaged is not continued, be entitled to the wages to which he would
have been entitled had his service been wrongfully terminated by the ship owner
before the expiration of the period for which the seafarer was engaged.
(5) The master of an Indian vessel shall not,—
30 (a) discharge a seafarer before the expiration of the period for
which he was engaged, unless the seafarer consents to his discharge; or
(b) except in circumstances beyond his control, leave a seafarer behind,
without the authority of the officer specified in this behalf by the Central
Government and such officer shall certify on the agreement with seafarer that
35 he has granted such authority, and also the reason for the seafarer being
discharged or the seafarer being left behind:
Provided that such officer shall, before discharging or leaving behind such
seafarer, investigate the grounds on which the seafarer is to be discharged or left
behind and may in his discretion grant or refuse to grant such authority:
40 Provided further that he shall not refuse to grant his authority if he is
satisfied that the seafarer, without reasonable cause,—
(a) has failed or refused to join his vessel or to proceed to sea therein; or
(b) has been absent from his vessel without leave, either at the
commencement or during the progress of a voyage for a period of more than
45 forty-eight hours.
(6) The officer referred to in clause (b) of sub-section (5) shall keep a
record of all seafarers discharged or left behind with his authority and whenever
any charge is made against a seafarer under section 98, the fact that no such
authority is so recorded shall be prima facie evidence that it was not granted.
 32

Wages and 81. If any seafarer is left behind or lost overboard or is deceased, the master
property of shall enter in the official logbook a statement of the amount due to the seafarer in
deceased
seafarers and respect of wages at the time when he was left behind or lost overboard or is deceased,
seafarers left and of all property left onboard by him, and shall take such property into his charge
behind. and discharge the property in such manner as may be prescribed. 5
Certain 82. Any amount deposited with or recovered by the shipping master as wages
undisbursed or for making payment in accordance with the allotment note made by a seafarer or
amounts to be
utilised for for being paid to a seafarer or his nominee may, if such amount remains unclaimed
welfare of with the shipping master for a period of not less than six years, be utilised for the
seafarers. welfare of seafarer in such manner and subject to such restrictions and conditions as 10
may be prescribed.
Shipping 83. (1) Where under the agreement with the seafarer any dispute arises
master to
adjudicate between the master, ship owner or his agent and any of the seafarer of the vessel,
disputes it shall be submitted to the shipping master.
involving (2) Any dispute of an Indian seafarer, on a vessel registered in a State other 15
seafarer.
than India, in the territorial waters of India, with the master or ship owner or his
agent, may be submitted to the shipping master.
(3) The shipping master shall hear and after giving the parties an
opportunity to be heard, decide the dispute submitted under sub-section (1) or
sub-section (2), pass an award in writing containing reasons, within a period of 20
thirty days which shall be conclusive as to the rights of parties and any document
relating to such dispute or award itself shall be prima facie evidence thereof:
Provided that if the shipping master does not pass an award within thirty
days from the date of receipt of the dispute for sufficient cause, the shipping
master may pass an award within a further period of thirty days. 25
(4) The award passed by the shipping master shall be enforceable in
accordance with the provisions of the Code of Civil Procedure, 1908 in the same 5 of 1908.
manner as if it were a decree of court.
(5) Nothing in the Arbitration and Conciliation Act, 1996 shall apply to any 22 of 1996.
matter submitted to a shipping master for decision under this section. 30

Power of 84. In any proceedings under this Act before a shipping master relating to the
shipping wages, claims or discharge of a seafarer, the shipping master may require the ship
master to
require owner or his agent, master or seafarer to produce any logbooks, papers, or other
production of documents in his possession or in his power relating to any matter in question in the
documents. proceedings, and may require the attendance of and examine any of those persons. 35
Wages not 85. Where a seafarer is engaged for a voyage which is to terminate in India, he
recoverable
outside India
shall not be entitled to sue in any court outside India for wages unless he is discharged
in certain with such sanction as is required by this Act and with the written consent of the master,
cases. or proves such ill-usage on the part, or by the authority, of the master, as to warrant a
reasonable apprehension of danger to his life if he were to remain onboard. 40
Summary 86. (1) A seafarer or a person duly authorised by him, as soon as any wages due
proceedings
for wages.
to him become payable but not paid, may apply to any Judicial Magistrate of the first .
class exercising jurisdiction in or near the place at which his service has terminated or
at which he has been discharged, or at which any person upon whom the claim is
made is or resides, and such Magistrate shall try the case summarily and the order 45
made by such Magistrate in the matter shall be final.
(2) An application under sub-section (1) may also be made by any officer
authorised by the Central Government in this behalf by general or special order.
Restrictions on 87. A proceeding for the recovery of wages due to a seafarer shall not be
suits for
wages.
instituted by or on behalf of any seafarer in any civil court except where,— 50
(a) the ship owner has been declared insolvent;
(b) the vessel is under arrest or sold by the authority of any court; or
(c) a Judicial Magistrate of the first class refers a claim to the court.
 33

88. (1) The master of a vessel shall, so far as the case permits, have the same Remedies of
master for
rights, liens and remedies for the recovery of his wages as a seafarer has under wages,
this Act or by any law or custom. disbursements,
etc.
(2) Every master shall have the same rights, liens and remedies for the
5 recovery of disbursements or liabilities properly made or incurred by him on
account of the vessel as such master has for the recovery of his wages.
(3) Every person lawfully acting as master of a vessel by reason of the
disease or incapacity from illness, of the master of such vessel shall, so far as the
case permits, have the same rights, liens and remedies for the recovery of
10 disbursements or liabilities properly made or incurred by him on account of the
vessel as a master has for the recovery of his wages.
89. (1) Where the Central Government is of the opinion that any dispute Power to refer
between seafarer or any class of seafarers or of any union of seafarers and the ship disputes
between
owners in which such seafarers are employed or are likely to be employed exists seafarers and
15 or is apprehended and such dispute relates to any matter connected with or employers to
incidental to the employment of the seafarers, the Central Government may, by Tribunal.
notification, constitute a Tribunal consisting of one or more persons, having such
qualifications and experience as may be prescribed including having knowledge
of maritime matter, and refer the dispute to the Tribunal for adjudication.
20 (2) The Tribunal shall not be bound by the procedure laid down by the Code
5 of 1908. of Civil Procedure, 1908 but shall be guided by the principles of natural justice.
(3) The Tribunal shall also not be bound by the rules of evidence contained
47 of 2023. in the Bharatiya Sakshya Adhiniyam, 2023.
(4) The Tribunal shall, for the purposes of discharging its functions under
25 this Act, have power to regulate its own procedure and shall have the same powers
5 of 1908. as are vested in a civil court under the Code of Civil Procedure, 1908, while trying
a suit in respect of the following matters, namely:—
(a) summoning and enforcing the attendance of any person and
examining him on oath;
30 (b) compelling the production of documents;
(c) receiving evidence on affidavits;
(d) issuing commissions for the examination of witnesses;
(e) any other matter which is required to be or may be prescribed.
(5) Any proceeding before the Tribunal shall be deemed to be a judicial
35 proceeding within the meaning of section 229 and section 267 of the Bharatiya
45 of 2023. Nyaya Sanhita, 2023.
(6) No party to a dispute shall be entitled to be represented by a legal
practitioner in any proceeding before the Tribunal except with the consent of the
other party or parties to the proceeding and with the leave of the Tribunal.
40 (7) The Tribunal shall dispose of the reference and submit its award to the
Central Government within such period as may be prescribed.
(8) On receipt of the award, the Central Government shall cause it to be
published and the award shall become enforceable on the expiry of thirty days
from the date of such publication:
45 Provided that where the Central Government is of the opinion that it shall
be inexpedient on the grounds of public interest to give effect to the award or any
part of it, it may, before the expiry of the said period of thirty days by order in the
Official Gazette, either reject the award or modify it, and where the Central
Government does so, the award shall not become enforceable or shall become
50 enforceable subject to such modifications.
 34

(9) An award which has become enforceable under this section shall be
binding on—
(a) all parties to the dispute;
(b) where any party to the dispute is the ship owner, his heirs,
successors, or assignees. 5

(10) Save as otherwise provided in the award, an award shall remain in

operation for a period of one year from the date on which it becomes enforceable
and shall thereafter continue to remain in operation until a period of two months
has elapsed from the date on which notice is given by any party bound by the
award to the other party or parties intimating its intention to terminate the award. 10

(11) Unless otherwise directed by the Central Government, the Tribunal

shall cease to exist on the expiry of a period of thirty days after publication of the
award.
(12) Any money due to a seafarer from the ship owner under an award may
be recovered as wages. 15
(13) Nothing contained in the Industrial Disputes Act, 1947 shall apply to 14 of 1947.
any dispute between seafarers or any class of seafarers or any union of seafarers
and the ship owners in respect of the ship in which such seafarers are employed
or is likely to be employed.
(14) During the pendency of proceedings under this section,— 20

(a) no seafarer or class of seafarers or union of seafarers shall go or

remain on strike or otherwise act in a manner prejudicial to the normal
operation of the vessels in which the seafarer is employed or is likely to be
employed; and
(b) no ship owner shall,— 25
(i) alter to the prejudice of the seafarers concerned in the dispute,
the conditions of service applicable to them immediately before the
commencement of such proceedings; or
(ii) discharge or punish any seafarer in respect of any matter
connected with the dispute. 30
Recovery of 90. Where a seafarer is missing or lost with the vessel to which he belongs,
wages, etc., of
seafarers lost
the Central Government or such officer as the Central Government may appoint
with vessel. in this behalf may recover the wages and the compensation due to him from the
master or ship owner or his agent in the same court and in the same manner in
which the seafarer’s wages are recoverable, and shall deal with those wages in the 35
same manner as with the wages and compensation due to other deceased seafarers
under this Act.
Relief and 91. (1) The Indian ambassador at or near the place where a seafarer is
maintenance of abandoned shall, on an application being made to him by the abandoned seafarer,
abandoned
seafarers.
provide in accordance with the rules made under this Act for the return of that 40
seafarer to a proper return port and also for his necessary clothing and
maintenance until his arrival at such port.
(2) An abandoned seafarer shall not have any right to be maintained or sent
to a proper return port except to the extent and subject to such conditions as may
be prescribed. 45

(3) All repatriation expenses, other than excepted expenses, incurred by or

on behalf of the Central Government in accordance with the provisions of this Act
shall constitute a debt due to the Central Government for which the ship owner or
his agent or the vessel to which the seafarer in respect of whom they were incurred
belonged at the time of his discharge or other event which resulted in his becoming 50
an abandoned seafarer shall be liable, and the ship owner or his agent shall not be
 35

entitled to recover from the seafarer any amount paid by him to the Central
Government in settlement or part settlement of such debt.
(4) All excepted expenses incurred by or on behalf of the Central
Government in accordance with the provisions of this Act shall constitute a debt
5 due to the Central Government for which the seafarer in respect of whom they
were incurred and the ship owner or his agent or the vessel to which that seafarer
belonged at the time of his discharge or other event which resulted in his becoming
an abandoned seafarer shall be jointly and severally liable, and the ship owner or
his agent shall be entitled to recover from the seafarer any amount paid by him to
10 the Central Government in settlement or part settlement of such debt, and may
apply to the satisfaction of his claim so much as may be necessary of any wages
due to the seafarer.
(5) All excepted expenses incurred in accordance with the provisions of this
Act in respect of any abandoned seafarer by the ship owner or his agent or the
15 vessel to which he belonged at the time of his discharge or other event which
resulted in his becoming an abandoned seafarer shall constitute a debt due to the
ship owner or his agent for which the seafarer shall be liable, and the ship owner
or his agent may apply to the satisfaction of his claim so much as may be necessary
of any wages due to the seafarer but he shall not be entitled to recover from the
20 seafarer any repatriation expenses other than excepted expenses.
(6) In any proceedings for the recovery of any expenses which in terms of
sub-section (3) or sub-section (4) are a debt due to the Central Government, the
production of an account of the expenses and proof of payment thereof by or on
behalf of or under the direction of the Central Government shall be prima facie
25 evidence that the expenses were incurred in accordance with the provisions of this
Act by or on behalf of the Central Government.
(7) Any debt which may be due to the Central Government under this section
may be recovered by any officer authorised by it in writing in this behalf from the
person concerned in the same manner as the wages are recoverable under
30 section 86.
Explanation.—For the purposes of this section,—
(a) “excepted expenses” means repatriation expenses incurred in cases
where the cause of the seafarer being left behind is desertion or absence
without leave or imprisonment for misconduct or discharge from his vessel
35 on the grounds of misconduct;
(b) “repatriation expenses” means expenses incurred in returning an
abandoned seafarer 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 shipwrecked seafarer, the repayment of expenses
40 incurred in conveying him to a port after shipwreck and maintaining him
while being so conveyed;
(c) “shipping master” means a shipping master,—
(i) for the port at which the seafarer entered into, or is believed
to have entered into, an agreement; or

45 (ii) where the seafarer did not enter into an agreement in India,
for the port to which the seafarer has returned, or is expected to return,
on the completion of his latest voyage;
 36

Replacement 92. (1) If the ship owner of any abandoned Indian vessel or any foreign
crew onboard
abandoned
vessel abandoned on or near the coast of India or within its coastal waters fails to
vessels. make arrangement for or to meet the cost of arranging for replacement crew to be
sent onboard the vessel whose seafarers are required to be repatriated, the Central
Government shall arrange for replacement crew to be sent onboard such vessel. 5

(2) The cost incurred by or on behalf of the Central Government under

sub-section (1) shall constitute a debt due to the Central Government liable to be
paid by the ship owner or his agent for the seafarer in respect of whom they were
incurred and the ship owner or his agent shall not be entitled to recover from the
seafarer any amount paid by him to the Central Government in settlement or part 10
settlement of such debt.
(3) In any proceedings for the recovery of any expenses which in terms of
sub-section (2) are a debt due to the Central Government, the production of an
account of the expenses and proof of payment thereof by or on behalf of or under
the direction of the Central Government shall be prima facie evidence that the 15
expenses were incurred in accordance with the provisions of this Act by or on
behalf of the Central Government.
(4) Any debt which may be due to the Central Government under this section
may be recovered by any officer authorised by it in writing in this behalf from the
person concerned in the same manner as the wages are recoverable under 20
section 86.
(5) In any proceeding under this Part, a certificate of the Central
Government or of such officer as the Central Government may specify in this
behalf, to the effect that any seafarer named therein is abandoned, shall be
conclusive evidence that such seafarer is an abandoned seafarer within the 25
meaning of this Act.
Inspection by 93. (1) A shipping master, surveyor, seafarer’s welfare officer, Indian
shipping master,
etc.
ambassador or any other officer at any port duly authorised in this behalf by the
Central Government shall, at any time,—
(a) in the case of any vessel upon which the seafarer has been shipped 30
at that port; and
(b) in the case of any Indian vessel, and if the master or three or more
of the seafarers so request,
enter onboard the vessel and inspect,—
(i) the provisions and water; 35

(ii) the weights and measures;

(iii) the accommodation for seafarers,
with which the vessel is required to be provided by or under this Act and also the
space and equipment used for the storage and handling of food, water and the
galley and other equipment used for the preparation and service of meals; 40

(iv) the Maritime Labour Certificate and Declaration of Maritime

Labour Compliance.
(2) All Indian vessels engaged in international voyage or operating from a
port, or between ports, in another State, shall possess a Maritime Labour
Certificate and a Declaration of Maritime Labour Compliance. 45
 37

Explanation.—For the purposes of this sub-section, “international voyage”

means a voyage from or to a port or place in India to or from a port or place outside
India or between any ports outside India.
(3) The vessels not covered under sub-section (2) shall, unless exempted by
5 the Central Government, possess such certificate in such manner and form as may
be prescribed.
(4) For the purpose of preventing seafarer from being taken onboard any
vessel at any port in India contrary to the provisions of this Act, a shipping master
or deputy shipping master or assistant shipping master or a director, or deputy
10 director or assistant director of the seafarer’s employment office may enter at any
time, onboard any such vessel upon which he has reasons to believe that seafarers
have been shipped, and may muster and examine the seafarers employed therein.
Explanation.—For the purposes of this section, “Maritime Labour
Certificate” means a certificate granted by the Central Government or by any
15 officer, authority or organisation authorised by it in this behalf, in accordance with
the provisions of the Maritime Labour Convention.
94. (1) A seafarer shall for the purposes of this Part, be deemed to be a Special
serving seafarer during any period commencing on the date of the agreement with provisions for
protection of
seafarers and ending thirty days after the date on which the seafarer is finally seafarers in
20 discharged from such agreement. respect of
litigation.
(2) Every seafarer who is a party to a litigation shall be protected to the
extent, subject to such terms and conditions and in such manner, as may be
prescribed.
95. If a seafarer states to the master that he desires to make a complaint to a Facilities for
25 Judicial Magistrate of the first class or other proper officer against the master or making
complaint.
any of the seafarers, the master shall,—
(a) if the vessel is then at a place where there is a Judicial Magistrate
of the first class or other proper officer, as soon after such statement as the
service of the vessel shall permit; and
30 (b) if the vessel is not then at such place, as soon after her first arrival
at such place as the service of the vessel shall permit,
allow the complainant to go ashore or send him ashore under proper protection to
enable him to make the complaint.
96. Where a vessel has arrived at a port or place in India at the end of a Vessel not to be
boarded without
35 voyage and any person, not being in the service of the Government or not being
permission.
duly authorised by law for the purpose, goes onboard the vessel without the
permission of the master, the master may take such person into custody and
deliver him up forthwith to a police officer to be taken before a Judicial Magistrate
of the first class and dealt with according to the provisions of this Act.
40 97. No seafarer belonging to an Indian vessel wherever it may be, or to any Misconduct
other vessel while in India, shall knowingly,— endangering life
or vessel.
(a) do anything tending to the immediate loss or destruction of, or
serious damage to, the vessel, or tending immediately to endanger the life
of, or to cause injury to any person belonging to or onboard the vessel; or
45 (b) refuse or omit to do any lawful act proper and requisite to be done
by him for preserving the vessel from immediate loss, destruction or serious
damage, or for preserving any person belonging to or onboard the vessel
from danger to life or from injury.
 38

Desertion and 98. (1) No seafarer lawfully engaged shall,—

absence without
leave. (a) desert his vessel; or
(b) neglect or refuse, without reasonable cause, to join the vessel or
proceed to sea in his vessel or be absent without leave at any time within
twenty-four hours of the vessel’s sailing from a port either at the 5
commencement or during the progress of a voyage, or be absent at any time
without leave and without sufficient reason from his vessel or from his duty.
(2) For the purposes of sub-section (1), the fact that the vessel on which the
seafarer is engaged or to which he belongs is unseaworthy, shall be deemed to be
a reasonable cause for desertion or absence without leave: 10

Provided that the seafarer has, before failing or refusing to join his vessel or
to proceed to sea in his vessel or before absenting himself or being absent from
the vessel complained to the master or a shipping master, surveyor, seafarer’s
welfare officer, port health officer, Indian ambassador or any other officer at any
port duly authorised in this behalf by the Central Government, that the vessel is 15
unseaworthy.
(3) If it is shown to the satisfaction of a shipping master that a seafarer has
deserted his vessel or has absented himself without leave and without sufficient
reason from his vessel or from his duty, the shipping master shall forthwith make
a report to that effect to the Director-General who may thereupon direct that the 20
seafarer’s continuous discharge certificate and seafarer identity document shall be
withheld for such period as may be specified in that direction, or may suspend or
withdraw the certificate of competency or certificate of proficiency of the
deserting seafarer, if it is established that such desertion was without leave or
sufficient reason: 25

Provided that no order of withholding, suspension or cancellation shall be

passed unless the seafarer has been given an opportunity of being heard.
(4) If a seafarer deserts his vessel or is absent without leave and without
sufficient reason from his vessel or from his duty, the master, any seafarer, the
ship owner or his agent may, without prejudice to any other action that may be 30
taken against the seafarer under this Act, convey him onboard his vessel and may
for that purpose cause to be used such force as may be reasonable in the
circumstances of the case.
(5) If, either at the commencement or during the progress of any voyage, a
seafarer engaged in an Indian vessel commits outside India, the offence of 35
desertion or absence without leave or any offence against discipline, the master
or the ship owner or his agent may, if and so far as the laws in force in the place
permit, arrest him without procuring a warrant.
(6) No person shall convey onboard or arrest a seafarer on improper or
insufficient grounds. 40

(7) Where a seafarer is brought before a court on the ground of desertion or

of absence without leave or of any offence against discipline, and the master or
the ship owner or his agent so requires, the court may, in lieu of committing and
sentencing him for the offence, cause him to be conveyed onboard his vessel for
the purpose of proceeding on the voyage, or deliver him to the master or the ship 45
owner or his agent to be by them so conveyed, and may in such case order any
costs and expenses properly incurred by or on behalf of the master or ship owner
by reason of the conveyance to be paid by the offender and, if necessary, to be
deducted from any wages which he has then earned or by virtue of his then
existing engagements may afterwards be earned. 50
 39

99. (1) Any seafarer lawfully engaged shall be liable to penalty or be guilty General liability
against
of an offence under this Act, if he commits any of the following acts, namely:— discipline.
(a) if he quits the vessel without leave after her arrival at her port of
delivery and before she is placed in security;
5 (b) if he has received an advance payment on the basis of his
agreement and wilfully or through misconduct fails to attend his vessel or
desert therefrom before the payment becomes due to him;
(c) if he wilfully disobeys any lawful command or neglects the duty;
(d) if he continues to wilfully disobey any lawful commands or if he
10 combines with any of the seafarers to wilfully disobey any lawful
commands, or continues with wilful neglect of duty or if he combines with
any of the seafarer to neglect duty or to impede the navigation of the vessel
or retard the progress of the voyage;
(e) if he assaults the master or any other seafarer belonging to the
15 vessel;
(f) if he wilfully damages his vessel or commits criminal
misappropriation or breach of trust in respect of, or wilfully damages any
of, her stores or cargo.
(2) The prosecution against any seafarer for any offence specified under
20 clauses (d), (e) and (f) of sub-section (1) may be instituted by the Director-General
or an officer authorised by him.
(3) The Director-General may, by order, suspend or cancel any certificate
granted under this Act to any seafarer for any specified period, for any offence
specified in sub-section (1) during the course of the hearing or legal proceeding:
25 Provided that no order of suspension or cancellation shall be passed unless
the person concerned has been given an opportunity of being heard.
100. (1) If a seafarer engaged is convicted of an offence of smuggling any Smuggling of
goods, whereby loss or damage is occasioned to the master or ship owner, he shall goods by
seafarer.
be liable to pay to that master or ship owner, a sum sufficient to reimburse the loss
30 or damage and the whole or a part of his wages may be retained in satisfaction on
account of that liability without prejudice to any other remedy.
(2) If a seafarer is convicted of an offence under sub-section (1), the
Director-General may direct that the seafarer’s continuous discharge certificate
and seafarer’s identity document shall be cancelled or suspended for such period
35 as may be specified in the direction.
101. If any offence of desertion or absence without leave under section 98 Entry of
or offence against discipline under section 99 is committed, or if any act of offences in
official logbook.
misconduct is committed for which the offender’s agreement imposes a fine and
it is intended to enforce the fine,—
40 (a) an entry of the offence or act shall be made in the official logbook
and signed by the master and the officer on watch;
(b) the offender, if still in the vessel, shall, before the subsequent
arrival of the vessel at any port, or, if she is at the time in port, before her
departure therefrom, be furnished with a copy of the entry and have the same
45 read over distinctly and audibly to him and may thereupon make such reply
thereto as he thinks fit;
(c) a statement of a copy of the entry having been so furnished and the
entry having been so read over and the reply, if any, made by the offender
shall likewise be entered and signed in the manner aforesaid; and
 40

(d) in any subsequent legal proceedings, the entries required by this

section shall, if practicable, be produced or proved, and, in default of such
production or proof, the court hearing the case may in its discretion, refuse
to receive evidence of the offence or act of misconduct.
Report of 102. Whenever any seafarer engaged outside India on an Indian vessel 5
desertions and
absences
deserts or otherwise absents himself in India without leave, the master of the
without leave. vessel shall, within forty-eight hours of discovering such desertion or absence,
report the same to the shipping master or to such other officer as the Central
Government specifies in this behalf, unless in the meantime, the deserter or
absentee returns. 10

Entries and 103. (1) In every case of desertion from an Indian vessel whilst such vessel
certificates of is at any place out of India, the master shall produce the entry of desertion in the
desertion
abroad. official logbook to the Indian ambassador at the place, who shall thereupon make
and certify a copy of the entry which shall be admissible in evidence in any legal
proceeding relating to such desertion. 15

(2) The master shall forthwith transmit such copy of entry certified under
sub-section (1) to the shipping master at the port at which the seafarer was
shipped, and the shipping master shall, if required, cause the same to be produced
in any legal proceeding.
Facilities for 104. (1) Whenever a question arises whether the wages of any seafarer are 20
proving desertion
forfeited for desertion from a vessel, it shall be sufficient for the person insisting
in proceedings
for forfeiture of on the forfeiture to show that the seafarer was duly engaged in or belonged to the
wages. vessel, and either that he left the vessel before the completion of the voyage or
engagement or, if the voyage was to terminate in India and the vessel has not
returned, that he is absent from her and that an entry of his desertion has been duly 25
made in the official logbook.
(2) The desertion shall thereupon, so far as relate to any forfeiture of wages
under this Part, be deemed to be proved, unless the seafarer produces a proper
certificate of discharge or otherwise show to the satisfaction of the court that he
had sufficient reasons for leaving his vessel. 30

Application of 105. Where any wages or other property are under this Act forfeited for
forfeitures. desertion from a vessel, they shall be applied towards reimbursing the expenses
caused by such desertion to the master or the ship owner or his agent, which may
be recovered by the master, or the ship owner or his agent in the same manner as
the deserter could have recovered them if not forfeited, and subject to that 35
reimbursement, shall be paid to the Central Government.
Decision of 106. Any question concerning the forfeiture of or deductions from the wages
questions of of a seafarer may be determined in any proceeding lawfully instituted with respect
forfeiture and
deduction in to those wages, notwithstanding that the offence in respect of which the question
suits for wages. arises, though by this Act made punishable by imprisonment as well as forfeiture 40
has not been made the subject of any criminal proceeding.
Payment of 107. (1) Every fine imposed on a seafarer for any act of misconduct under
fines imposed
under agreement his agreement shall be deducted and paid as follows, namely:—
to shipping
master. (a) if the offender is discharged at any port or place in India and the
offence and such entries in respect thereof are proved to the satisfaction of 45
the shipping master, the master or ship owner or his agent shall deduct such
fine from the wages of the offender and pay the same to such shipping
master; and
(b) if the seafarer is discharged at any port or place outside India and
the offence and such entries are proved to the satisfaction of the Indian 50
 41

ambassador by whose sanction he is so discharged, the fine shall thereupon

be deducted, and an entry of such deduction shall then be made in the official
logbook, if any, and signed by such officer and on the return of the vessel to
India, the master or ship owner shall pay such fine to the shipping master.
5 (2) An act of misconduct for which any such fine was imposed and paid
shall not be otherwise punishable under this Act.
(3) The proceeds of all fines received by a shipping master under this section
shall be utilised for the welfare of seafarers in such manner as the Central
Government may direct.
10 108. No person shall,— Seafarer not to
be enticed to
(a) by any means whatever persuade or attempt to persuade a seafarer desert.
to neglect or refuse to join or proceed to sea in or desert from his vessel, or
otherwise to absent himself from his duty;
(b) harbour or secrete a seafarer who has wilfully neglected or refused
15 to join or has deserted from his vessel, knowing or having reason to believe
the seafarer to have so done:
Provided that the provisions of this clause shall not extend to the case in
which the harbour or secreting is by the spouse of the seafarer.
109. No person shall secrete himself and go to sea in a vessel without the Stowaways and
seafarers carried
20 consent of either the master or the ship owner or his agent or of the person in under
charge of the vessel or of any other person entitled to give that consent. compulsion.

110. (1) If, during the progress of a voyage the master of any Indian vessel On change of
is removed or superseded or for any other reason quits the vessel and is succeeded master,
documents to be
in the command by some other person, he shall deliver to his successor documents handed over to
25 relating to navigation of the vessel and the seafarers thereof which are in his successor.
custody.
(2) On receipt of documents under sub-section (1), the successor shall make
an entry in the official logbook to that effect which shall also be endorsed by the
predecessor.
30 (3) The Director-General may suspend or withdraw the certificate of
competency of a master, if it is established that the documents were not lawfully
handed over in accordance with sub-section (1), without leave or sufficient
reason:
Provided that no order for suspension or withdrawal of any certificate shall
35 be passed unless the master has been given a reasonable opportunity of being
heard.
111. (1) Where it appears to the Central Government that due facilities are Deserters from
or shall be given by the Government of any State outside India for recovering and foreign vessels.
apprehending seafarers who desert from Indian vessels in that State, the Central
40 Government may, by notification, stating that such facilities are or shall be given,
declare that this section shall apply to seafarers belonging to vessels of such State,
subject to such limitations or conditions as may be specified in the notification.
(2) Where this section applies to seafarers belonging to vessels of any State
other than India and a seafarer deserts from any such vessel, when within India,
45 any court that would have taken cognizance of the matter if the seafarer had
deserted from an Indian vessel shall, on an application of the ambassador of that
State, aid in apprehending the deserter and for that purpose may, on information
given on oath, issue a warrant for his apprehension and on proof of the desertion,
order him to be conveyed onboard his vessel or delivered to the master or the ship
 42

owner or his agent to be so conveyed and any such warrant or order may be
executed accordingly.
Official 112. (1) Every vessel of two hundred tons gross or more shall maintain an
logbook. official logbook in such form and such manner as may be prescribed.
(2) The master, ship owner or his agent shall deliver the official logbook 5
referred to in sub-section (1), to the shipping master as and when required by the
shipping master.
(3) No person shall make or procure to be made or assist in making any entry
in official logbook in respect of any occurrence happening previously to the
arrival of the vessel at her final port of discharge more than twenty-four hours 10
after such arrival.
Power to make 113. (1) In addition to the power of the Central Government to make rules
rules. for enforcement of Maritime Labour Convention, the Central Government shall
make rules generally to carry out the provisions of this Part, including rules in
respect of the following matters, namely:— 15

(a) discharge of seafarers;

(b) payment of wages;
(c) advance and allotment of wages;
(d) rights of seafarers in respect of wages;
(e) mode of recovering wages; 20

(f) disputes between seafarers and employers;

(g) property of deceased seafarers;
(h) repatriation of seafarers and abandoned seafarers;
(i) provisions, health and accommodation;
(j) special provisions for the protection of seafarers in respect of 25
litigation;
(k) provisions for the protection of seafarers in respect of other matters;
(l) provisions as to discipline;
(m) official logbooks.
(2) In particular, and without prejudice to the generality of the foregoing power, 30
such rules may provide for all or any of the following matters, namely:—
(a) the categories and minimum manning scales of seafarers and the
scales for different classes of vessels under sub-section (2) of section 56;
(b) the conditions subject to which vessel shall be in possession of a
certificate under sub-section (2) of section 57; 35

(c) the form and manner of the grant of continuous discharge

certificate and seafarer’s identity documents under clause (c) of
sub-section (1) of section 58;
(d) the conditions subject to which licence may be granted under
clause (a) of sub-section (2) of section 58; 40

(e) the form of certificate to be possessed by seafarer and the authority

who grants that certificate to the effect that the seafarer is medically fit under
section 60;
 43

(f) the authority to whom and the form and manner in which the incident
is to be reported under clause (e) of sub-section (6) of section 62;
(g) the authority to whom and the form, manner and the time within which
the reports is to be submitted under clause (f) of sub-section (6) of section 62;
5 (h) other responsibilities of the recruitment and placement agency
under clause (g) of sub-section (6) of section 62;
(i) the form and manner of seafarer’s employment agreement under
sub-section (1) of section 63;
(j) the rate of interest on the wages payable to a seafarer
10 under sub-section (2) of section 64;
(k) the hours of rest provided to every seafarer under section 65;
(l) the conditions subject to which seafarers are given annual paid
leave under section 66;
(m) the circumstances and conditions for repatriation of seafarers
15 under sub-section (1) of section 67;
(n) the financial security and manner of repatriation of seafarers
under sub-section (2) of section 67;
(o) the indemnity amount to be paid to the seafarer under section 68;
(p) the number of seafarers to be employed onboard the vessel
20 under section 69;
(q) the accommodations and recreational facilities for seafarers
under section 70;
(r) the measures for providing protection of health and medical care to
seafarers under section 72;
25 (s) the branches of social security protection to seafarers under section 75;
(t) the terms and conditions and the period during which a seafarer
shall not be entitled to wages under sub-section (1) of section 79;
(u) the exceptions where a seafarer shall not be disentitled to claim
wages under sub-section (2) of section 79;
30 (v) the manner of discharge from service of seafarer under
sub-section (1) of section 80;
(w) the manner of discharge of property under section 81;
(x) the manner and the restrictions and conditions for utilisation of any
unclaimed amount deposited with or recovered by shipping master for the
35 welfare of seafarers under section 82;
(y) the qualifications and experience of persons appointed to the
Tribunal under sub-section (1) and any other matter under clause (e) of
sub-section (4) of section 89;
(z) the period within which the Tribunal shall submit its award to the
40 Central Government under sub-section (7) of section 89;
(za) the extent and the conditions subject to which a seafarer shall be
maintained or sent to a proper return port, under sub-section (2) of section 91;
(zb) the manner of possession of certificate and the form of such
certificate under sub-section (3) of section 93;
45 (zc) the terms, conditions and manner of protecting a seafarer who is
a party to litigation under sub-section (2) of section 94;
(zd) the form and manner of keeping logbook under sub-section (1) of
section 112;
(ze) any other matter which is required to be or may be prescribed.
 44

PART VI
SAFETY AND SECURITY
Application of 114. This Part, unless otherwise exempted, shall apply in relation to matters
this Part.
on safety and security, to—
(a) Indian vessel and other vessels registered in India under this Act, 5
except vessels covered under Part XIII;
(b) vessel other than Indian vessel when such vessel is within India,
including coastal waters;
(c) port facility; and
(d) company. 10

Definitions. 115. In this part, unless the context otherwise requires,—

(a) “company” means the owner of the vessel or any other
organisation or person such as the manager, or the bareboat charterer, who
has assumed the responsibility for operation of the vessel from the owner of
the vessel and who on assuming such responsibility has agreed to take over 15
all the duties and responsibilities imposed by the International Safety
Management Code under the Safety Convention;
(b) the words and expressions used in this Part but not defined, shall
have the meanings respectively assigned to them in the international
conventions or agreements or treaties, including their protocols, referred to 20
in section 116.
Safety and 116. (1) Every vessel shall, subject to such conditions as may be prescribed,
security comply with the provisions of the following international conventions, treaties or
requirements.
agreements, as applicable, namely:—
(a) the Safety Convention; 25

(b) the Load Lines Convention, 1966;

(c) the Special Trade Passenger Ships Agreement, 1971;
(d) the Convention on the International Regulations for Preventing
Collisions at Sea, 1972;
(e) the International Convention on Maritime Search and Rescue, 30
1979;
(f) the Tonnage Measurement Convention, 1969;
(g) the International Convention for Safe Containers, 1972;
(h) such other convention or agreement or treaty relating to safety or
security to which India is a party, as may be notified by the Central 35
Government:
Provided that vessels to which the provisions of the above conventions,
treaties or agreements are not applicable, shall comply with such safety and
security requirements as may be prescribed:
Provided further that it shall be a defense for the master or ship owner to 40
prove that a contravention was solely due to deviation or delay caused by stress
of weather or other circumstances which neither the master nor the ship owner
nor the charterer, if any, could have prevented or forestalled.
(2) The safety and security requirements for different classes of vessels and
certificates to be held by such vessels shall be such as may be prescribe[d. 45
 45

117. (1) When an incident relating to the safety and security takes place on Reporting of
incidents.
a vessel, the master of the vessel shall report the particulars of the incident to such
authority and in such manner as may be prescribed.
(2) When an incident takes place relating to the loss or likely loss overboard
5 of dangerous goods in packaged form into the sea, or dangerous goods in solid
form in bulk into the sea, or any incident impeding safe navigation, the master of
every vessel shall report the particulars of the incident to such authority in such
manner as may be prescribed.
(3) If the vessel referred to in sub-section (1) or sub-section (2) is
10 abandoned, or a report from such vessel is incomplete, the Central Government
shall fix the responsibility on the master of the vessel.
118. (1) The master of an Indian vessel, on receiving at sea a signal of Obligations to
distress or information from any source that a vessel or aircraft is in distress shall render
assistance on
proceed with all speed to the assistance of the persons in distress informing them, receiving signal
15 if possible, that he is doing so unless he is unable or in the special circumstances of distress and
of the case considers it unreasonable or unnecessary to do so or unless he is to persons in
released from such obligation under the provisions of sub-section (3). danger.

(2) Where the master of any vessel in distress has requisitioned any Indian
vessel that has answered his call, it shall be the duty of the master of the
20 requisitioned vessel to comply with the requisition by continuing to proceed with
all speed to the assistance of the persons in distress unless he is released from the
obligation under sub-section (4).
(3) The master shall be released from the obligation imposed by
sub-section (1) as soon as he is informed of the requisition of one or more vessels
25 other than his own and that the requisition is being complied with by the vessel or
vessels requisitioned.
(4) The master whose ship has been requisitioned under sub-section (2) shall
be released from the obligation imposed by that sub-section, on being informed
by the persons in distress or by the master of any vessel which has reached the
30 person in distress, that assistance is no longer required.
(5) If the master of an Indian vessel, on receiving at sea a signal of distress
referred to in sub-section (1), is unable or in the special circumstances of the case
considers it unreasonable or unnecessary to go to the assistance of the persons in
distress, he shall forthwith cause a statement to be entered in the official logbook
35 or if there is no official logbook, cause other record to be kept of his reasons for
not going to the assistance of those persons.
(6) The master of every Indian vessel for which an official logbook is
required, shall enter or cause to be entered in the official logbook every signal of
distress or message that a vessel, aircraft or person is in distress at sea.
40 (7) The master of every Indian vessel shall render assistance to every person
found at sea in danger of being lost, unless he is unable to or, in the special
circumstance of the case, considers that such assistance cannot be rendered
without serious danger to his vessel, or the persons thereon.
(8) If the master of an Indian vessel is unable or consider it unreasonable to
45 go to the assistance of a person found at sea in danger of being lost, the master
shall forthwith cause a statement to be entered in the official logbook or, if there
is no official logbook, cause other record to be kept of his reasons for not going
to the assistance of that person.
(9) The master of the vessel shall take all reasonable measures to report the
50 particulars of any incident relating to safety and security which takes place in the
vicinity of the vessel to such authority in such manner as may be prescribed.
 46

Search and 119. The Central Government shall, whenever necessary, make arrangements
rescue services.
for search and rescue services for dealing with distress situation at sea, including
coastal waters or such territory under the International Convention on Maritime
Search and Rescue, 1979 and agreement related thereto or any other law for the
time being in force. 5

Radio 120. Every Indian vessel shall be equipped and maintained with such
communication communication equipment, distress and safety equipment and shall be provided
requirements.
with such certified operators as may be prescribed.

Information 121. (1) Every Indian vessel shall carry onboard such information relating
about vessel’s to the stability of the vessel and the effects of any damage control and general 10
stability.
precautions necessary to maintain watertight integrity of the vessels and
provisions for damage control duly approved, in compliance with the provisions
of the Safety Convention and the Load Line Convention or the safety and security
requirements in accordance with the provisions of this Part.
(2) The chief ship surveyor shall assign load line, in compliance with the 15
Load Line Convention and approve such information relating to stability of
passenger ships as may be prescribed:
Provided that the Director-General may, by order, authorise any other
surveyor to perform the duties of the chief ship surveyor under this section on
such terms and conditions as may be specified therein. 20

Submersion of 122. (1) No vessel, other than a vessel exempted from the provisions of this
load lines. Part relating to load lines, shall be so loaded as to submerge when the vessel has
no list of the appropriate load line on each side of the vessel, that is to say, the
load line indicating or purporting to indicate the maximum depth to which the
vessel is for the time being entitled under the load line rules, to be loaded. 25

(2) Without prejudice to any other proceedings under this Act, any vessel
which is loaded in contravention of this section may be detained until such vessel
ceases to be so loaded.

No vessel to 123. (1) No vessel shall carry passengers between ports or places in India or
carry passenger from any port or place in India to any port or place outside India, or from any port 30
without
certificate. or place outside India to any port or place in India, unless such vessel has all valid
certificates required under this part.
(2) The Central Government may, by general or special order, specify the
conditions relating to,—

(a) passenger accommodation; 35

(b) scale of passenger and amenities to be provided to seafarers;

(c) space or disallowance of any space on a vessel;

(d) scale of provisions and water to be provided;

(e) hospital accommodation and medical facilities;

(f) the conditions for carriage of cargo and livestock; and 40

(g) any other matter, to carry out the purposes of this Part.
(3) Subject to the conditions specified in sub-section (2), the master of a
passenger vessel departing or proceeding on a voyage shall make a statement
about the passengers onboard the vessel in such form as may be specified by the
Central Government in this behalf. 45
 47

124. No vessel shall proceed to sea unless such vessel is in possession of Vessel not to
proceed to sea
valid certificates referred to in sub-section (2) of section 116. without valid
safety and
security
certificates.

125. (1) A person shall be liable to penalty under this Act if he commits any Penalties for
of the following acts, namely:— certain acts.

5 (a) being drunk or disorderly attempts to enter a vessel; or

(b) onboard molest any person; or
(c) travels or attempts to travel without payment of fare; or
(d) wilfully refuses or neglects to quit the vessel on arrival at
destination; or
10 (e) fails to exhibit his ticket when requested by the master or other
officer; or
(f) misconducts himself in such a manner as to cause annoyance or
injury to persons onboard; or
(g) carries any substance that could jeopardise the safety or security of
15 the vessel, life onboard or the environment in general.
(2) The master may refuse to receive onboard any person referred to in
sub-section (1) and if such person is onboard, may put him on shore, and the
person so refused admittance or put on shore shall not be entitled to return of any
fare he has paid.
20 (3) The master or other officer of any such vessel and all persons called by
him or other officer to his assistance, may detain any person who commits any
offence under sub-section (1) and convey the offender with all convenient
dispatch before the nearest police station to be dealt with in accordance with the
law.
25 126. (1) No vessel shall carry or attempt to carry cargo without the required Vessel not to
certificate in contravention of this Part or shall have onboard or in any part thereof carry cargo or
passengers in
a cargo which is not in accordance with the certificate held by the vessel. contravention of
Act.
(2) No vessel shall carry or attempt to carry passengers without the required
certificate under this Part or shall have onboard or in any part thereof a number of
30 passengers which is greater than the number set forth in the certificate held by the
vessel.
(3) The master of any vessel which carries or attempts to carry cargo or
passengers in contravention of this section shall be liable to have his certificate of
competency cancelled or suspended for such a period as the Central Government
35 may, by order, specify in this behalf.
127. (1) Every person who sends or attempts to send a vessel to sea which Unseaworthy
is unseaworthy, unless he proves that her going to sea in such unseaworthy state vessel not to be
sent to sea.
was under the circumstances reasonable and justifiable, shall be liable to penalty
under this sub-section.
40 (2) Every master of a vessel who knowingly takes or attempts to take a
vessel to sea which is unseaworthy, unless he proves that her going to sea in such
unseaworthy state was under the circumstances, reasonable and justifiable, shall
be liable to penalty under this sub-section.
(3) For the purpose of giving proof under sub-sections (1) and (2), every
45 person charged under this section may give evidence in the same manner as any
other witness.
 48

Obligation of 128. (1) In every contract of service, express or implied, between the owner
ship owner,
master or agent
of a vessel and the master or any seafarer thereof, there shall be implied,
with respect to irrespective of any agreement to the contrary, an obligation on the ship owner that
seaworthiness. such ship owner and the master and every agent charged with the loading of such
vessel or the preparing thereof for sea or the sending thereof to sea, shall use all 5
reasonable means to ensure the seaworthiness of such vessel for the voyage at the
time when such voyage commences and to keep her in a seaworthy state during
the voyage.

(2) For the purpose of verifying compliance of the provisions of this section,
the Central Government may, either at the request of the ship owner or otherwise, 10
arrange for a survey of the hull, equipment or machinery of any sea-going vessel
by a surveyor or any person so authorised.
Safety and 129. (1) Every vessel, company or port facility shall comply with such safety
security
management.
and security management requirements as may be prescribed.

(2) The Central Government or a person authorised by it shall arrange for 15

the audit of the vessel, company or port facility for the purpose of sub-section (1).

(3) The Central Government or a person authorised by it may set different

levels of security and provide such information thereof, to all the port facilities
and all vessels entering into any port facility.
Power to make 130. (1) The Central Government may make rules to carry out the provisions 20
rules.
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 conditions subject to which the vessel shall comply with the
conventions, treaties or agreements to which India is a party and the safety 25
and security requirements to be complied by the vessels to which the said
conventions, treaties or agreements are not applicable, under sub-section (1)
of section 116;

(b) the safety and security requirements for different classes of vessels
and the certificates to be held by such vessels under sub-section (2) of 30
section 116;

(c) the manner of reporting the particulars of incidents and the

authority to whom such particulars shall be reported under sub-section (1)
and sub-section (2) of section 117;

(d) the manner of reporting the particulars of incidents and the 35

authority to whom such particulars shall be reported under sub-section (9)
of section 118;

(e) the communication equipment, distress and safety equipment and

the certified operators to be provided to every Indian vessel under
section 120; 40

(f) the information relating to the stability of passenger ship to be

approved under sub-section (2) of section 121;

(g) the safety and security management requirements to be complied

by the vessel, company or port facility under sub-section (1) of section 129;

(h) any other matter which is required to be or may be prescribed. 45

 49

PART VII
PREVENTION AND CONTAINMENT OF POLLUTION FROM VESSEL AND
RESPONSE
131. Save as otherwise provided, this Part shall apply to,— Application of
this Part.
5 (a) Indian vessel and every other vessel registered in India;
(b) vessel other than an Indian vessel;
(c) vessel not entitled to fly the flag of India but which operate under
the authority of India;
(d) vessel that enters a port, shipyard or offshore terminal or place in
10 India or within the coastal waters;
(e) any incident of marine casualty or any act relating to such casualty
occurring with grave and imminent danger to Indian coastline or coastal
waters or related interests or posing a threat to the marine environment or to
the coastline or related interest, from pollution or threat of pollution in the
15 sea or air either by deliberate, negligent or accidental release of oil, ballast
water, noxious liquid substance, garbage, sewage, waste, harmful
anti-fouling substances, harmful emissions or any other harmful substance
including such incidents occurring on the high seas.
Explanation.—For the purposes of clauses (d) and (e), “ coastal waters”
20 shall mean and include any part of the territorial waters of India, along with
any part of the adjoining maritime zones of India or any marine area adjacent
thereto over which India has, or, may hereafter have, exclusive jurisdiction in
regard to control of marine pollution under the Territorial Waters, Continental
80 of 1976. Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976, or any
25 other law for the time being in force;
(f) port for the purpose of providing reception facilities:
Provided that this Part shall not apply to any warship, naval auxiliary or
other vessel owned or operated by the Central Government or the State
Governments and used for the time being only on Government non-commercial
30 service unless otherwise specified by the Central Government by notification:
Provided further that the Director-General may provide equivalence to, or
grant exemption from, the provisions of this Part or the rules made thereunder, to
any vessel or person, in such manner as may be prescribed.
132. In this Part, unless the context otherwise requires,— Definitions.

35 (a) “harmful substance” means any substance or form of energy,

which, if introduced into the sea or air, is liable to create hazards to human
health, harm living resources and marine life, damage amenities or interfere
with other legitimate uses of the sea or air and includes any substance
subject to control by any of the conventions to which India is a party or such
40 other substance as may be prescribed by the Central Government;
(b) “dumping” means any—
(i) deliberate disposal of waste water or other matter from
vessels, ports, platform or other man-made structures at sea; or
(ii) deliberate disposal of vessels, structures of ports, platform or
45 other man-made structures at sea,
but does not include—
(i) the disposal of wastes or other matter incidental to, or derived from
normal operations of vessels, platforms or other man-made structure at sea
and their equipment, other than wastes or other matter transported by or to
50 vessels, platforms or other man-made structures at sea, operating for the
 50

purpose of disposal of such matter or derived from the treatment of such

wastes or other matter on such vessels, platform or structure; or
(ii) the placement of matter for a purpose other than the mere disposal
thereof:
Provided that such placement is not contrary to the aims of the London 5
Convention on the Prevention of Marine Pollution by Dumping of Wastes
and Other Matter, 1972;
(c) “port” shall include port facility, shipyard, ship breaking yards,
ship repair unit, offshore facilities and terminals;
(d) “vessel” means a vessel of any type, whatsoever, operating in the 10
marine or aquatic environment and includes hydrofoil boats, air-cushion
vehicles, submersibles, floating craft, floating platforms, floating storage
units and floating production storage and off-loading units but does not
include fixed platforms or other fixed man-made structures at sea for the
purposes of dumping. 15
Control of 133. (1) Save as otherwise provided, all vessels shall be under an obligation
discharge or
emission of to prevent discharge or emission of harmful substances or mixtures containing
harmful harmful substances.
substances or
dumping at sea. (2) All Indian vessels shall be fitted with such equipment and comply with
such requirements and conditions relating to construction, survey of equipment 20
and structure of vessel, as may be prescribed.
(3) No certificate shall be granted under this Part unless the requirements
and conditions of this section are complied with.
(4) The Central Government may designate such specific areas requiring
more stringent standards for pollution prevention as may be prescribed. 25

(5) The Central Government may, either at the request of the ship owner or
otherwise, arrange for the survey of the hull, equipment or machinery of any
vessel by a surveyor and, if found fit, shall grant certificates in accordance with
the provisions of this Act and rules made thereunder in such form, for such
duration and subject to such conditions as may be prescribed. 30

(6) The Central Government may take measures, as it may consider

appropriate, to prevent the pollution of the sea by the dumping of waste and other
matter that is liable to create hazards to human health, harm living resources and
marine life, damage amenities or interfere with other legitimate use of the sea.
(7) The Central Government may, by notification, specify the items 35
permitted for dumping in the coastal waters and may prescribe the manner in
which permissions for the dumping of such items may be obtained.
(8) Unless expressly permitted, no vessel, port, platform or other man-made
structures at sea shall engage in dumping in the coastal waters.
Prevention and 134. (1) Every vessel shall, subject to such conditions as may be prescribed, 40
containment of
pollution and comply with the provisions of the following international conventions, as
response. applicable, namely:—
(a) the MARPOL Convention;
(b) the Anti-Fouling Systems Convention;
(c) the Ballast Water Management Convention; 45

(d) International Convention Relating to Intervention on the High Seas

in Cases of Oil Pollution Casualties, 1969;
(e) any other pollution prevention convention or agreement or treaty
to which India is a party, as may be prescribed:
 51

Provided that vessel to which the provisions of the above conventions are
not applicable shall comply with such pollution prevention requirements as may
be prescribed.
(2) A vessel shall possess such different types of certificates and documents
5 depending on the type, size, nature and area of operation of the vessel as may be
prescribed.
135. (1) No vessel shall proceed to sea unless such vessel is in possession Vessel not to
of valid certificates required under the convention or agreement or treaty referred proceed to sea
without valid
to in section 134. pollution
prevention
10 (2) A vessel shall carry a valid certificate onboard and shall be subject to certificates.
inspection while at a port in India by the surveyor or an authorised person in such
manner as may be prescribed:
Provided that nothing in this sub-section shall be construed as limiting the
powers of any officer under any other law for the time being in force from
15 boarding and inspecting the vessel or its equipment.
(3) If the inspection under this section reveals that a vessel does not have a
valid certificate onboard or whose condition or equipment’s condition does not
meet the particulars of the certificate onboard, the vessel may be detained by order
by a proper officer until proceedings are concluded under this section or in the
20 opinion of the Central Government, the vessel can proceed to sea without
presenting an unreasonable threat or harm to safety of life at sea, marine
environment or the public health and welfare.
(4) Notwithstanding any proceedings initiated against the owner or master
of the vessel under this section, the Central Government may initiate further action
25 against such persons, if it determines that the incident of pollution continues to
cause harm or damage after the conclusion of the proceedings, or results in harm
or damages not discovered at the time of the initiation of the proceedings.
136. Every Indian vessel shall maintain such books of record in such form Record books.
and manner and the nature of entries to be made in the books of record, the custody
30 and disposal thereof, and all other matters relating thereto, shall be such as may
be prescribed.
137. (1) Where the Central Government has reasonable grounds to suspect Power to deny
that a vessel which proposes to enter a port in India does not comply with the entry, detain or
move vessel.
requirements of this Part, it may direct the port to deny entry to such vessel.
35 (2) Where the Central Government has reasonable grounds to suspect that a
vessel does not comply with the requirements of this Part and poses a threat of
harm to the coast or coastal waters or has caused such harm, it may direct any
proper officer to detain the vessel or have the vessel moved to such place and for
such period as it may deem fit.
40 (3) Where any vessel detained under this section proceeds to sea before
being released, the master of the vessel, ship owner or any person who sends the
vessel to sea, shall be liable to penalty under this Act.
138. (1) Where an incident in which the cargo or harmful substances escape Power to take
or is likely to escape from a vessel causes or threaten to cause pollution of air, measures for
containment of
45 marine environment or any part of coasts or coastal waters, the master of every pollution and
vessel shall report the particulars of such incident to such authority in such manner reporting of
as may be prescribed. incidents.

(2) The Central Government shall, upon receiving information regarding any
incident of pollution under sub-section (1), immediately take notice of such incident
50 and may direct the owner, agent, master, charterer, operator, lessee or licensee of
the vessel by notice served on him, to take the following actions, namely:—
 52

(a) to prevent the escape of such harmful substances from the vessel,
as may be specified in such notice;
(b) to remove the cargo or oil or noxious liquid substance or harmful
substance from the vessel in such manner and to such place, as may be
specified in the notice; 5

(c) to remove the vessel to a place, as may be specified in the notice;

(d) to remove the cargo or oil or noxious liquid substance or harmful
substance slicks on the surface of the sea in such manner as may be specified
in the notice;
(e) to prohibit the removal of the vessel including any cargo or stores 10
therein, from a place specified in the notice; and
(f) any other action as may be considered necessary to prevent such
damage.
(3) If a vessel referred to in sub-section (1) is abandoned or a report from
such vessel is incomplete, the Central Government shall fix the responsibility of 15
the incident on the master or owner of that vessel.
(4) Where the release of harmful substances has caused or is likely to present
a grave and imminent danger to the coast or coastal waters, the Central
Government may proceed to take such measures as may be deemed necessary to
prevent, mitigate or eliminate such threat or danger. 20

(5) Where any person fails to comply with any notice served on him under
sub-section (2), the Central Government may, whether or not such person is
convicted of an offence under this Part by reason of his having so failed to comply,
cause such action to be taken as it may deem necessary for,—
(a) carrying out the directives given in the notice issued under 25
sub-section (2);
(b) containing the pollution caused or preventing the pollution
threatened to be caused, to any part of the coast or coastal waters by any
harmful substance having escaped or threatening to escape from the vessel.
(6) Subject to the provisions of this Part, any expenditure or liability 30
incurred by the Central Government in, or by reason of, the exercise of powers
under sub-section (5) in relation to any vessel in respect of which a notice had
been issued under this section, shall be a debt due to the Central Government and
may be recovered from the person or persons on whom the notice was served or
from all or any of those persons, and shall be a charge upon all or any vessel 35
owned by that person or persons which may be detained by the Central
Government until the amount is paid:
Provided that where the amount due to the Central Government is not paid
within reasonable time, the Central Government may cause all or any vessel
owned by such person or any part thereof to be sold, for the purpose of recovery 40
of such an amount with applicable interest.
(7) The Central Government shall have the power to take such measures as
may be deemed necessary to prevent, mitigate or eliminate grave and imminent
danger to the coastline or related interests from pollution or threat of pollution
following any incident on the high seas which may reasonably be expected to 45
result in major harmful consequences to the coastline or coastal waters.
(8) The Central Government may make national or regional arrangement
system for responding promptly and effectively to pollution incidents occurring
within the coastal waters.
 53

139. (1) For the purposes of taking any measures under section 138, the Power of
Central
Central Government or any other officer authorised by it in this behalf, may, by Government to
an order in writing, direct the owner of any Indian vessel or equipment to provide give directions.
such services or assistance as may be specified in that order.
5 (2) The owner of any vessel or equipment with respect to which an order is
made under sub-section (1), shall be entitled to tariff rates of freight and charter
hire, at reasonable rates having regard to current market conditions:
Provided that where tariff rates of freight are not fixed or where there is any
dispute about reasonable rate of charter hire, the freight or charter hire, shall be
10 paid at such rates as may be fixed by the Central Government by an order in
writing, subject to determination of reasonability of such rates of freight or charter
hire by examining such witnesses, documents and accounts as it may deem
necessary.
(3) The Director-General may,—
15 (a) requisition the services of any officer of the Central Government
or other officers or any police officer;
(b) requisition the resources and pollution prevention equipment
available with any of the offices of the Central Government or other offices
or organisations,
20 for the purposes of this Part and it shall be the duty of every such officer or office
or organisation to render assistance.
140. The Central Government shall prescribe such measures as it may deem Measures for
appropriate and practical, for the monitoring, detection and control of pollution detection of
pollution.
under this Part.
25 141. The Central Government may appoint such persons as analysts for the Appointment of
purposes of incidents of pollution under this Part and specify the scope of powers analysts.
to be exercised by an analyst in this regard.
142. (1) Every port shall provide such reception facilities and surveillance, Reception
supervision and guidance thereof as may be prescribed, taking into account the facilities.
30 pollution prevention conventions specified in section 134.
(2) The Central Government may give directions to the ports to take
appropriate measures to ensure that wastes or residue generated during operation,
repair and re-cycling of vessel are collected, handled, treated and disposed of in a
safe and environmentally sound manner to protect human health and the
35 environment.
(3) A port authority providing reception facilities or a person providing such
facilities by arrangement with the port authority may impose charges for the use
of the facilities at such rates and impose such conditions in respect of the use
thereof as may be notified by the Central Government in respect of the port.
40 (4) Where the Central Government is satisfied that there are no reception
facilities at any port or that the facilities available at such port or place are not
adequate for enabling vessels calling at such port or place to comply with the
requirements of the pollution prevention conventions, the Central Government
may direct, by order in writing, such authority to provide or arrange for the
45 provision of such reception facilities, as may be specified in the order.
(5) Any port that fails to comply with the directions under sub-section (4)
shall be liable to penalty under this Act.
143. (1) The Central Government may make rules to carry out the provisions Power to make
of this Part. rules.

50 (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:—
 54

(a) the manner of providing equivalence or granting exemption to any

vessel or person under the second proviso to section 131;
(b) other substances which fall within the definition of “harmful
substances” in clause (a) of section 132;
(c) the equipment and requirements and conditions relating to 5
construction, survey of equipment and structure of vessel under
sub-section (2) of section 133;
(d) the pollution prevention standards and requirements for designated
areas under sub-section (4) of section 133;
(e) the form, duration and conditions subject to which a certificate 10
may be granted under sub-section (5) of section 133;
(f) the manner of obtaining permission for dumping in coastal waters
under sub-section (7) of section 133;
(g) the conditions subject to which the vessel shall comply with the
conventions, agreements or treaties specified in sub-section (1) of 15
section 134 including any other pollution prevention convention or
agreement or treaty to which India is a party and the pollution prevention
requirements to be complied with by the vessels on whom such
conventions, agreements or treaties do not apply; [

(h) the types of certificates and documents under sub-section (2) of 20

section 134;
(i) the manner of inspection of certificates by a surveyor under
sub-section (2) of section 135;
(j) the form and manner of maintenance of record book and the nature
of entries to be made in the books of record, the custody and disposal 25
thereof, and other matters relating to maintenance of record book under
section 136;
(k) the particulars of the incident, the authority and the manner of
reporting incident under sub-section (1) of section 138;
(l) the measures to be taken by the Central Government for the 30
monitoring, detection and control of pollution under section 140;
(m) the reception facilities, surveillance, supervision and guidance
under sub-section (1) of section 142;
(n) any other matter which is required to be or may be prescribed.
PART VIII 35

SURVEY, AUDIT AND CERTIFICATION

Survey, audit 144. (1) Every Indian vessel, company or port shall unless otherwise
and exempted by the Central Government, be surveyed or audited or certified for
certification. verification of compliance with the conventions specified in section 147 and such
requirements for different classes of vessels, company or port, as may be 40
prescribed.
Explanation.—In this Part, unless the context otherwise requires, “company”
shall have the same meaning as assigned to it in clause (a) of section 115.
(2) A surveyor or any person authorised by the Director-General in this
behalf may, if satisfied that any vessel, company or port has been surveyed or 45
audited as per the requirements under this Act, grant certificate or documents to
such vessel, company or port.
 55

(3) Notwithstanding anything contained in this Act, where any survey or

audit of a vessel, company or port under this Part is completed, the owner, agent
or master of such vessel, company or port shall not make or cause to be made any
alteration in the structure, equipment, fittings, arrangements, material, systems or
5 scantlings covered by the survey or audit without the prior permission of the
Central Government.
(4) If, after grant of certificates or documents under sub-section (2), the
Central Government or any person authorised by it, has reason to believe that
changes have been made to the structure, equipment, fittings, arrangements,
10 material, systems or scantlings, or they have sustained any damage or are
otherwise found insufficient, then the Central Government or any person
authorised by it in this behalf may require that the vessel, company or port be
re-surveyed or audited to such extent, as it may deem fit, or it may modify or
revoke or suspend or cancel or surrender the certificates and documents, after
15 giving an opportunity of being heard, in such manner as may be prescribed.
(5) No vessel shall proceed to sea unless the owner or master of the vessel
holds onboard all the certificates or documents as required under this section.
145. Every vessel, company or port shall, unless exempted under this Part, Certificates.
be in possession of such certificates as may be prescribed.
.

20 146. (1) Save as otherwise provided, a surveyor may at any reasonable time, Power of
go onboard a vessel and may inspect or audit the vessel or any part thereof, the surveyor.
structure, equipment, fittings, arrangements, materials, systems, scantlings, cargo,
provisions, stores, her certificates and certificates of the seafarers onboard:
Provided that he shall not unreasonably hinder the operation of the vessel
25 or detain or delay her from proceeding on any voyage.
(2) The owner, agent, master or every officer of the vessel shall afford to the
surveyor all reasonable facilities for survey and provide all such information in
respect of the vessel and her structure, equipment, fittings, arrangements,
materials, scantlings, systems, cargo, provisions, stores, her certificates and
30 certificates of the seafarers, as the surveyor may require.
147. Every vessel, company or port shall be surveyed, audited and certified Compliance of
provisions of
to confirm compliance with the following conventions as applicable, namely:— convention.
(a) the Safety Convention;
(b) the MARPOL Convention;
35 (c) the Anti-Fouling Systems Convention;
(d) the Ballast Water Management Convention;
(e) the Load Lines Conventions;
(f) the Tonnage Measurement Convention, 1969;
(g) the Special Trade Passenger Ships Agreement, 1971 and its
40 Protocol;
(h) the Convention on the International Regulations for Preventing
Collisions at Sea, 1972;
(i) the International Convention on Maritime Search and Rescue, 1979
(SAR 1979);
45 (j) the Maritime Labour Convention, 2006; or
(k) any other convention relating to survey, audit or certification as
may be prescribed.
 56

Recognition of 148. A valid certificate granted under a convention in respect of a vessel

certificates
granted outside
other than an Indian vessel by the Government of the State to which the vessel
India. belongs, shall subject to such rules as the Central Government may make in this
behalf, have the same effect in India as the corresponding certificates granted in
respect of an Indian vessel. 5
Grant of 149. (1) The Central Government may, at the request of the Government of
certificate to
foreign vessels a State to which a convention applies, cause an appropriate convention certificate
in India and to be granted in respect of a vessel registered or to be registered in that State, if it
Indian vessels in is satisfied in like manner as in the case of an Indian vessel that such certificate
foreign States.
may be granted and where a certificate is granted at such a request, it shall contain 10
a statement to that effect.
(2) The Central Government may request the Government of a State to
which a convention applies to grant an appropriate convention certificate in
respect of a vessel registered or to be registered in India and a certificate granted
in pursuance of such a request shall have effect for the purposes of this Act, as if 15
it had been granted by the Central Government.
Explanation.—For the purposes of this section, “convention certificate”
means a certificate granted under the provisions of any convention.
Power to call for 150. (1) The Central Government, surveyor, or any other person authorised
information. in this behalf, shall have the power to require the master of a vessel to which this 20
Part applies, to give such information as may be required to ensure compliance
with the provisions of this Part.
(2) The surveyor or any other person empowered under sub-section (1), shall
have the powers of a civil court while trying a suit under the Code of Civil
Procedure, 1908, in respect of the following matters, namely:— 25 5 of 1908.

(a) summoning and enforcing the attendance of any person and

examining him on oath;
(b) requiring discovery and production of any document;
(c) receiving evidence on affidavit;
(d) any other matter which is required to be or may be prescribed. 30

(3) Any person who refuses or fails to give the information referred to in
sub-section (1), shall be liable for a penalty under this Act.
Power to 151. (1) The Central Government may, by notification, appoint such persons
conduct to conduct inspections of any vessel to which this Part applies, in order to—
inspections.
(a) verify whether the vessel has violated any provisions of this Act or 35
rules made thereunder;
(b) comply with the request of a contracting party to any convention,
agreement or treaty referred to in section 147, for an investigation as to
violation of any provisions of such convention, agreement or treaty, by an
Indian vessel; 40

(c) comply with such other matter as may be prescribed.

(2) The violation noticed in the inspection conducted under sub-section (1)
shall be reported to the Central Government in such form and manner as may be
prescribed.
(3) The Central Government may, upon receipt of the report under 45
sub-section (2), take any action or direct the master of the vessel to take such
action as may be required.
 57

152. (1) The Central Government may make rules to carry out the provisions Power to make
rules.
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:—
5 (a) the requirements for different classes of vessels, company or ports
for survey, audit and certification under sub-section (1) of section 144;
(b) the manner of re-survey, audit and certification of vessel, company
or port and modification, revocation, suspension, cancellation or surrender
of the certificates and documents under sub-section (4) of section 144;
10 (c) the certificates to be possessed by a vessel, company or port under
section 145;
(d) any other convention relating to survey, audit or certification under
clause (k) of section 147;
(e) any other power of the surveyor or other person under clause (d)
15 of sub-section (2) of section 150;
(f) any other matter for compliance of which inspections may be
conducted under clause (c) of sub-section (1) of section 151;
(g) the form and manner of report to be made to the Central
Government under sub-section (2) of section 151;
20 (h) any other matter which is required to be or may be prescribed.
PART IX
MARITIME LIABILITY AND COMPENSATION
CHAPTER I
COLLISION, ACCIDENT AT SEA AND LIABILITY
25 153. (1) This Chapter shall apply to,— Application of
this Chapter.
(a) Indian vessels; and
(b) any vessel other than an Indian vessel while it is at a port or place
in India including the coastal waters.
(2) All claims arising out of pollution damage under Chapter III or
30 Chapter IV of this Part shall be adjudicated in accordance with the provisions
of those Chapters.
154. (1) Each vessel shall bear its own damage if the collision is accidental Apportionment
or the cause of the collision is not determined. of liability.

(2) If the collision is caused by the fault of one of the vessels, the liability to
35 make good the damages or loss caused to one or more of those vessels or to their
cargo or to any property of the seafarers, passengers or other persons onboard or
the liability for loss of life or personal injury, shall be of the vessel which has
committed the fault.
(3) If the collision is caused by the fault of two or more vessels, the liability
40 of each vessel, to make good the damages or loss caused to one or more of those
vessels or to their cargo or to any property of the seafarers, passengers or other
persons onboard or the liability for loss of life or personal injury, shall be in
proportion to the degree of faults respectively committed by each such vessel:
 58

Provided that if, having regard to all the circumstances of the case, it is not
possible to establish different degrees of fault, the liability shall be apportioned
equally.

(4) For the purposes of this Chapter, for any maritime claim arising out of
collision between vessels, the High Court may, in the course of proceedings under 5
this Act, assign all or any of the following duties to any assessors, appointed by
the Central Government under the Admiralty (Jurisdiction and Settlement of
Maritime Claims) Act, 2017, namely:— 22 of 2017.

(a) determination of fault, including the degree of fault attributable to

each vessel; 10

(b) attend the proceedings and present their written findings before the
High Court; and

(c) any other duties as may be assigned by the High Court.

Damage or loss 155. (1) Whenever, by fault of two or more vessels, damage or loss is caused
of vessel, cargo to one or more of them or to the cargo of one or more of them or to any property 15
or property.
of the seafarers, passengers or other persons onboard one or more of them, the
liability, including liability to third parties, to make good the damage or loss shall
be in proportion to the degree in which each vessel was at fault.

(2) Nothing in this section shall be construed to render any vessel liable for
any loss or damage to which her fault has not contributed. 20

(3) Nothing in this section shall affect the liability of any person under any
contract, or shall be construed as imposing any liability upon any person from
which he is exempted by any contract or by any provision of law, or as affecting
the right of any person to limit his liability in the manner provided by law.

(4) For the purposes of this Chapter, references to damage or loss caused by 25
the fault of a vessel shall be construed as including references to any salvage or
other expenses consequent upon that fault, recoverable under any law for the time
being in force by way of damages.
Joint and several 156. (1) Whenever loss of life or personal injuries are suffered by any person
liability for loss
of life or
onboard a vessel owing to the fault of that vessel and any other vessel, the liability 30
personal injury. to third parties, of the owners of the vessels concerned shall be joint and several.

(2) Nothing in this section shall be construed as depriving any person of any
right of defence on which he might have relied in an action brought against him
by the person injured, or any person entitled to sue in respect of such loss of life,
or shall affect the right of any person to limit his liability in cases to which this 35
section relates.

Right of 157. (1) Whenever loss of life or personal injuries are suffered by a person
contribution. onboard a vessel owing to the fault of that vessel and of any other vessel and a
proportion of the damages is recovered from the owner of one of the vessels which
exceeds the proportion in which she was in fault, the said owner may recover by 40
way of contribution the amount of the excess from the owners of the other vessels
to the extent to which those vessels were respectively in fault:

Provided that no amount shall be so recovered which shall not, by reason of

any statutory or contractual limitation of, or exemption from, liability or which
shall not for any other reason, have been recovered in the first instance as damages 45
by the persons entitled to sue therefor.
 59

(2) In addition to any other remedy provided by law for the time being in
force, the person entitled to any contribution under sub-section (1) shall, for the
purpose of recovering the contribution, have subject to the provisions of this Act,
the same rights and powers as the persons entitled to sue for damages in the first
5 instance.
158. (1) In every case of collision between two vessels, it shall be the duty Duty of master
of vessel to
of the master or person in-charge of each vessel in and so far as he can do so assist in case of
without danger to his own vessel, seafarers and passengers, if any,— collision.

(a) to render to the other vessel, her master, seafarers and passengers,
10 if any, such assistance as may be practicable and necessary to save them
from any danger caused by the collision and to stay by the other vessel until
he has ascertained that she has no need of further assistance; and
(b) to give to the masters or persons in-charge of the other vessels, the
name of his own vessel and of the port to which she belongs and also from
15 which she comes and to which she is bound.
(2) The failure of the master of a vessel to comply with the provisions of
this section shall not raise any presumption of liability under this Chapter.
159. In every case of collision in which it is practicable so to do, the master Collision to be
of every vessel shall immediately after the occurrence, cause a statement thereof entered in
official logbook.
20 and of the circumstances under which the same occurred, to be entered in the
official logbook, if any, and the entry shall be signed by the master and also by
the officer on watch or one of the seafarers.
160. When an Indian vessel or other vessels to which this Chapter applies, Report to Director-
has sustained or caused any accident occasioning loss of life or any serious injury General of
accidents to
25 to any person or has received any material damage affecting her seaworthiness or vessels.
her efficiency either in her hull or is so altered in any part of her machinery as not
to correspond with the particulars contained in any of the certificates granted
under this Act in respect of the vessel, the master or ship owner or his agent shall,
within such time as may be prescribed, after the happening of the accident or
30 damage or as soon thereafter as possible, transmit to the Director-General or the
nearest principal officer a report of the accident or damage and of the probable
cause thereof stating the name of the vessel, her official number, if any, her port
of registry and the place where she is.
161. If the owner or agent of any Indian vessel has reason, owing to the Notice of loss of
35 non-appearance of the vessel or to any other circumstance, to apprehend that the Indian vessel to be
given to Director-
vessel is wholly lost, he shall as soon as may be, send notice in writing to the General.
Director-General relating to the loss and the cause of such loss stating the name
of the vessel, her official number, if any, and her port of registry.
CHAPTER II
40 LIMITATION OF LIABILITY FOR MARITIME CLAIMS
162. (1) The ship owner or salvor or any person for whose act, neglect or Limitation of
default, the ship owner or salvor, or any such person is responsible, and the insurer liability for
damages in
of liability for such claims, may limit his liability for claims in respect of— respect of
certain claims.
(a) loss of life or personal injury or loss of or damage to property
45 including damage to harbour works, basins and waterways and aids to
navigation, occurring onboard or in direct connection with the operation of
the vessels or with salvage operations and consequential loss resulting
therefrom;
 60

(b) loss resulting from delay in the carriage by sea of cargo, passengers
or their luggage;
(c) other loss resulting from infringement of rights other than contractual
rights, occurring in direct connection with the operation of the vessel or salvage
operations; 5

(d) the raising, removal, destruction or the rendering harmless of a

vessel which is sunk, wrecked, stranded or abandoned, including anything
that is or has been onboard such vessel;
(e) the removal, destruction or the rendering harmless of the cargo of
the vessel; 10

(f) a person other than the person liable in respect of measures taken
in order to avert or minimise loss for which the person liable may limit his
liability in accordance with the Limitation of Liability for Maritime Claims
Convention and further loss caused by such measures.
(2) The claims set out under sub-section (1) shall be subject to limitation of 15
liability, even if brought by way of recourse or for indemnity under a contract or
otherwise:
Provided that claims set out under clauses (d), (e) and (f) of sub-section (1)
shall not be subject to limitation of liability to the extent they relate to
remuneration under a contract with the person liable. 20

(3) Nothing in this section shall apply to,—

(a) claims for salvage, including any claim for special compensation
under article 14 of the Salvage Convention, or contribution in general
average;
(b) claims for oil pollution damage under Chapter III of this Part 25
relating to civil liability for oil pollution damage;
(c) claims subject to any convention or any law for the time being in
force in India governing or prohibiting limitation of liability for nuclear
damage;
(d) claims against the ship owner of a nuclear vessel for nuclear 30
damage;
(e) claims by servant of the ship owner or salvor whose duties are
connected with the vessel or the salvage operations, including claims of their
heirs, dependants or other persons entitled to make such claims, if under the
law governing the contract of service between the ship owner or salvor and 35
such servants, the ship owner or salvor is not entitled to limit his liability in
respect of such claims, or if he is by such law only permitted to limit his
liability to an amount greater than that provided in the Limitation of
Liability for Maritime Claims Convention or the rules made under
sections 165 and 166. 40

Explanation 1.—For the purposes of this section, the act of invoking limitation
of liability shall not be an admission of liability.
Explanation 2.—For the purposes of this Chapter,—
(a) the liability of a ship owner shall include the liability in an action
brought against the vessel herself; 45
 61

(b) “ship owner” means the owner, charterer, manager or operator of

a sea-going vessel.
163. A person shall not be entitled to limit his liability under section 162, if Conduct
barring
it is proved that the loss resulted from his personal act or omission, committed limitation.
5 with the intent to cause such loss, or committed recklessly and with knowledge
that such loss is likely to result.
164. Where a person entitled to limitation of liability under this Chapter has Counter claims.
a claim against the claimant arising out of the same occurrence, their respective
claims shall be set off against each other and the provisions of this Chapter shall
10 apply only to the balance, if any.
165. (1) The limits of liability for claims other than passenger claims under Limits of
section 166 arising on any distinct occasion, shall be calculated in accordance liability.
with the provisions of the Limitation of Liability for Maritime Claims
Convention:
15 Provided that in cases where the provisions of the Limitation of Liability for
Maritime Claims Convention are not applicable, the limit of liability shall be such
as may be prescribed.
(2) Where the amount calculated in respect of claims for loss of life or
personal injury is insufficient to pay such claims in full, the amount calculated in
20 respect of other claims shall be available for payment of the unpaid balance of
claims in respect of claims for loss of life or personal injury and such unpaid
balance shall rank rateably with claims in respect of other claims.
(3) Without prejudice to the right of claims for loss of life or personal injury
under sub-section (2), the claims in respect of damage to harbour works, basins,
25 waterways and aids to navigation shall have priority over other claims.
(4) The limits of liability for any salvor not operating from any vessel or for
any salvor operating solely on the vessel to, or in respect of which he is rendering
salvage services, shall be calculated according to gross tonnage as provided in the
Convention on Limitation of Liability for Maritime Claims.
30 166. In respect of claims arising on any distinct occasion for loss of life or Limit for
personal injury to passengers of a vessel, the limit of liability of the owner thereof passenger
claims.
shall be such as may be prescribed.
Explanation.—For the purposes of this section, “claims arising on any
distinct occasion for loss of life or personal injury to passengers of a vessel” shall
35 mean any claim brought by or on behalf of any person carried in that vessel,—
(a) under a contract of passenger carriage; or
(b) who, with the consent of the carrier, is accompanying a vehicle or
live animals which are covered by a contract for the carriage of goods.
167. (1) The limits of liability determined under section 165 shall apply to Aggregation of
claims.
40 the aggregate of all claims which arise on any distinct occasion,—
(a) against the person or any person for whose act, neglect or default,
he is responsible; or
(b) against a ship owner rendering salvage services from that vessel
and a salvor operating from such vessel and any person for whose act,
45 neglect or default he is responsible; or
(c) against the salvor who is not operating from a vessel or who is
operating solely on the vessel in respect of which the salvage services are
rendered and any person for whose act, neglect or default, such salvor is
responsible.
 62

(2) The limits of liability determined under section 165 shall apply to the
aggregate of all claims subject thereto which may arise on any distinct occasion
against the ship owner in respect of the vessel referred to in that section and any
person for whose act, neglect or default he is responsible.
Constitution of 168. (1) Any person alleged to be liable may constitute a fund with the 5
limitation fund.
Central Government or the High Court in which legal proceedings are instituted
or expected to be instituted in respect of claims which can be limited under this
Chapter.
(2) The fund shall be constituted in the sum of the amounts calculated in
accordance with the provisions of section 165 or section 166, read with 10
section 167, as are applicable to claims for which limitation of liability is invoked
and which arise from the same distinct occasion, together with interest at such rate
as may be notified by the Central Government thereon from the date of occurrence
giving rise to the liability until the date of the constitution of the fund.
(3) The limitation fund of the value calculated in accordance with 15
sub-section (2) or stipulated by the High Court or the Central Government, shall
be constituted by—
(a) depositing the amount; or
(b) producing a guarantee acceptable under any law for the time being
in force and considered to be adequate by the High Court or the Central 20
Government.
(4) The fund so constituted shall be available only for the payment of claims
in respect of which limitation of liability may be invoked.
(5) The fund constituted by one of the persons or ship owner or salvors
referred to in section 167, or his insurer, shall be deemed to be constituted by all 25
such persons or ship owners or salvors or their insurers.
Limitation of 169. (1) Limitation of liability may be invoked notwithstanding that a
liability without
constitution of a
limitation fund has not been constituted under section 168.
limitation fund.
(2) In case the right to limitation of liability is invoked without the
constitution of a limitation fund under section 168,— 30

(a) the High Court shall adjudicate each claim for its full proven
amount and declare the right of the person liable to limit his liability and for
the purpose of enforcement, the amount of limitation shall be applicable to
the respective claims; and
(b) the claimant shall not be barred from taking other action in respect 35
of such claims.
(3) Section 171 shall not be applicable unless a limitation fund is constituted
under section 168.
Distribution of 170. (1) Subject to the limits of liability under sections 165 and 166, the
fund. fund shall be distributed among the claimants in proportion to their established 40
claims.
(2) No lien or other right in respect of any vessel or property shall affect the
proportions in which the fund is distributed among several claimants under this
section.
(3) If before the fund is distributed, the person liable or his insurer has 45
settled a claim against the fund, such person shall, up to the amount he has paid,
acquire by subrogation the rights which the person so compensated would have
enjoyed under this Chapter.
 63

(4) The right of subrogation under sub-section (3) may also be exercised by
any person other than the person liable or his insurers in respect of any amount of
compensation which such person may have paid.
(5) Where the person liable or any other person establishes that he may be
5 compelled to pay at a later date, in whole or in part any such amount of
compensation with regard to which such person would have enjoyed a right of
subrogation under this section had the compensation been paid before the fund
was distributed, the High Court or the Central Government where the fund is
constituted may order that a sufficient sum be provisionally set aside to enable
10 such person to enforce his claim against the fund at such later date.
171. (1) Where a fund is constituted under section 168, any person having Bar to other
actions.
made a claim against the fund shall be barred from exercising any right in respect
of such claim against any other vessel or property of a person by or on behalf of
whom the fund was constituted.
15 (2) After a fund is constituted under section 168, if any vessel or other
property, belonging to a person on behalf of whom the fund was constituted, is
arrested or attached for a claim which may be raised against the fund, or any
security given, may be released by an order of the High Court and such release
shall always be ordered by the High Court whether or not the fund was constituted
20 with the same or any other High Court or with the Central Government.
(3) The provisions of sub-sections (1) and (2) shall apply only if the claimant
makes a claim against the fund before the High Court or the Central Government
administering that fund and the fund is actually available and freely transferable
in respect of that claim.
25 172. (1) Every registered owner of an Indian vessel and of any vessel other Compulsory
than an Indian vessel entering or departing a port in India or operating in the insurance or
other financial
coastal waters shall maintain compulsory insurance or such other financial security for
security from an insurer or organisation as may be prescribed, in respect of such maritime claims
vessel. subject to
limitation.
30 (2) The insurance shall cover maritime claims subject to limitation specified
under section 162.
(3) The amount of insurance for each and every vessel per incident shall be
at least equal to the relevant maximum amount for the limitation of liability
provided under section 165 and for passenger claims the relevant maximum
35 amount for the limitation of liability under section 166.
(4) Any vessel departing a port in India in contravention of this section shall
be liable to be detained by such authority as may be prescribed.
173. (1) The provisions of this Chapter shall apply to any person referred to Scope of
in section 162 who seeks to limit his liability before the High Court or seeks to application of
this Chapter.
40 procure the release of a vessel or other property or the discharge of any security
given within India but shall not apply to any person who does not have—
(a) habitual residence in India; or
(b) principal place of business in India; or
(c) any vessel in relation to which the right of limitation is invoked or
45 whose release is sought and which does not fly the flag of a State which is
a party to the Convention on Limitation of Liability for Maritime Claims,
at the time of invocation of the provisions of this Chapter.
 64

(2) The provisions of this Chapter shall not apply to air-cushion vehicles or
floating platforms constructed for the purpose of exploring or exploiting the
natural resources of the sea-bed or the sub-soil thereof.
Power to make 174. (1) The Central Government may make rules to carry out the provisions
rules for matters of Chapter I and this Chapter. 5
under Chapters I
and II of this (2) In particular, and without prejudice to the generality of the foregoing
Part.
power, such rules may provide for all or any of the following matters, namely:—
(a) the time within which the master or ship owner or his agent shall
report the accident to the Director-General or the nearest principal officer
under section 160; 10

(b) the limits of liability in cases where the provisions of the

Limitation of Liability for Maritime Claims Convention are not applicable
under the proviso to sub-section (1) of section 165;
(c) the limit of liability of the ship owner for loss of life or personal
injury to passengers of a vessel under section 166; 15
(d) insurer or other organisation and other financial security whose
insurance is acceptable under sub-section (1) of section 172;
(e) the authority competent to detain any vessel under sub-section (4)
of section 172;
(f) any other matter which is required to be or may be prescribed. 20

CHAPTER III
CIVIL LIABILITY FOR OIL POLLUTION DAMAGE
Application of 175. This Chapter shall apply to,—
this Chapter.
(a) pollution damage caused by,—
(i) Indian vessel within the jurisdiction of any contracting party 25
to the Civil Liability Convention; and
(ii) Indian vessel and any ship while it is at a port or place in
India including the coastal waters, extending not more than two
hundred nautical miles from the baseline;
(b) preventive measures, wherever taken, to prevent or minimise such 30
pollution damage.
Definitions. 176. In this Chapter, unless the context otherwise requires,—
(a) “incident” means any occurrence, or series of occurrences having
the same origin, which causes pollution damage or creates a grave and
imminent threat of causing such damage; 35

(b) “oil” means any persistent hydrocarbon mineral oil such as crude
oil, fuel oil, heavy diesel oil and lubricating oil whether carried onboard a
ship as cargo or in the bunkers of such ship;
(c) “person” means any individual or partnership or any public or
private body, whether corporate or not, including a State or any of its 40
constituent sub-divisions;
(d) “pollution damage” means,—
(i) loss or damage caused outside the ship by contamination
resulting from the escape or discharge of oil from the ship, wherever
such escape or discharge occurs: 45
 65

Provided that compensation for impairment of the environment

other than loss of profit from such impairment shall be limited to costs
of reasonable measures of reinstatement actually undertaken or to be
undertaken; and
5 (ii) the costs of preventive measures and further loss or damage
caused by preventive measures;
(e) “preventive measures” means any reasonable measures taken by
any person after an incident has occurred to prevent or minimise pollution
damage;
10 (f) “ship” means any sea-going vessel and seaborne craft of any type
whatsoever constructed or adapted for the carriage of oil in bulk as cargo:
Provided that a ship capable of carrying oil and other cargoes shall be
regarded as a ship only when it is actually carrying oil in bulk as cargo and
during any voyage following such carriage unless it is proved that it has no
15 residues of such carriage of oil in bulk aboard;
(g) “ship owner” means,—
(i) the person registered as the owner of the ship; or
(ii) in the absence of registration, the person owning the ship; or
(iii) in the case of a ship owned by any State, the persons
20 registered in that State as the operator of such ship.
177. (1) Save as otherwise provided in sub-sections (2) and (3), the ship Liability of ship
owner shall be liable for any pollution damage caused by the ship as a result of owner.
the incident and where the incident consists of a series of occurrences, from the
time of the first of such occurrences.
25 (2) No liability for pollution damage shall be attached to the ship owner, if
he proves that the pollution damage,—
(a) resulted from an act of war, hostilities, civil war, insurrection or a
natural phenomenon of an exceptional, inevitable and irresistible character; or
(b) was wholly caused by an act or omission done with intent to cause
30 damage by a third party; or
(c) was wholly caused by the negligence or other wrongful act of any
Government or other authority responsible for the maintenance of lights or
other navigational aids in the exercise of that function.
(3) Where the ship owner proves that the pollution damage resulted either
35 wholly or partially from an act or omission done with intent to cause damage by
the person who suffered the damage or from the negligence of that person, the
ship owner may be exonerated wholly or partially from his liability to such person.
(4) No claim for compensation for pollution damage may be made against
the ship owner otherwise than in accordance with the provisions of this Chapter.
40 (5) Subject to sub-section (6), no claim for compensation for pollution
damage under this Chapter or otherwise may be made against,—
(a) the servants or agents of the ship owner or the seafarers;
(b) the pilot or any other person who, not being a seafarer, performs
services for the ship;
45 (c) any charterer (howsoever described including a bareboat
charterer), manager or operator of the ship;
 66

(d) any person performing salvage operations with the consent of the
ship owner or on the instructions of a competent public authority;
(e) any person taking preventive measures;
(f) any servant or agent of persons mentioned in clauses (c), (d)
and (e), 5

unless the damage resulted from their personal act or omission, committed with
the intent to cause such damage, or committed recklessly and with knowledge that
such damage is likely to result.
(6) Nothing in this Chapter shall prejudice any right of recourse of the ship
owner against third parties. 10

Joint and several 178. When an incident involving two or more ships occur and pollution
liability for damage results therefrom, all the ship owners concerned, unless exonerated under
ships.
sub-section (3) of section 177, shall be jointly and severally liable for all such
damage which is not reasonably separable.
Jurisdiction of 179. (1) The admiralty jurisdiction of the respective High Courts under the 15
High Court. Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017, shall be 22 of 2017.
deemed to extend to any claim for liability arising under this Chapter and shall
also extend to any case arising out of such claim, including the constitution of a
limitation fund (hereafter in this Chapter referred to as fund) by the ship owner.
(2) All claims arising out of an incident of oil pollution, including the 20
constitution of a fund, shall be made in the High Court having jurisdiction over
the pollution damage and if the pollution damage occurs in the Exclusive
Economic Zone, or more than one High Court has jurisdiction over such pollution
damage, the claim may be made in the High Court which has jurisdiction over the
port or place where the ship responsible for such pollution damage is detained. 25

Jurisdiction 180. Where pollution damage occurs in the territory of one or more other
where pollution contracting parties to the Civil Liability Convention, or preventive measures have
damage occurs
in two or more been taken to prevent or minimise pollution damage in the territory of such
States. contracting parties, claims for compensation may be brought in the courts of any
such contracting party: 30

Provided that once a fund is established in India in accordance with the

provisions of this Chapter, only the High Court or the Central Government shall
have jurisdiction to determine matters relating to apportionment and distribution
of the fund.
Limitation of 181. (1) The ship owner may limit his liability under this Chapter in respect 35
liability.
of any incident, to an aggregate amount in accordance with Article V of the Civil
Liability Convention.
(2) The ship owner shall not be entitled to limit his liability under this
Chapter if it is proved that the pollution damage resulted from his personal act or
omission, committed or made with the intent to cause such damage, or recklessly 40
and with knowledge that such damage is likely to result.
Constitution of 182. (1) Any ship owner, desiring to avail of the benefit of limitation of his
limitation fund. liability under this Chapter, shall apply to the High Court having jurisdiction or
the Central Government for constitution of a fund for the total sum representing
his limits of liability, within such time and in such manner, as may be prescribed. 45

(2) Such fund may be constituted either by depositing the sum or by

furnishing bank guarantee or such other security with the High Court or the
Central Government.
 67

(3) The insurer or any other person providing financial security to the ship
owner may apply to the High Court or the Central Government for constitution of
the fund under sub-section (1) and the fund so constituted shall have the same
effect as if it were constituted by the ship owner.
5 (4) An application for constitution of the fund may be made by the insurer
under this section even in cases where the ship owner is not entitled to limit his
liability under sub-section (2) of section 181 and in any such event, constitution
of the fund shall not prejudice the rights of any claimant against the ship owner
for full compensation exceeding the amount deposited or secured in the fund.
10 (5) The amount in Special Drawing Rights to be deposited or secured in the
fund under this section shall be converted in rupees on the basis of official value
in rupees of the Special Drawing Rights as determined by the Reserve Bank of
India on the date of constitution of the fund.
(6) Where a fund is established by the ship owner in relation to an incident
15 of oil pollution before a High Court, all claims for compensation under this
Chapter shall only be instituted in the High Court where the fund was constituted:
Provided that where claims arising out of the incident of oil pollution is
made in High Courts other than the one where the fund was established, the ship
owner may approach the Supreme Court in accordance with the Code of Civil
5 of 1908. 20 Procedure, 1908 to transfer the claims to the High Court where such fund was
established.
183. (1) Upon constitution of the fund, the High Court or the Central Claims for
compensation
Government shall issue a notice inviting claims against the fund arising from the where fund is
particular incident of oil pollution, within such time and containing such other established.
25 particulars as may be prescribed.
(2) Any person who has suffered pollution damage shall be entitled to claim
compensation and may make an application for participation in the proceedings:
Provided that where such fund has not been established, the claimant may
approach the High Court having jurisdiction or the Central Government under
30 section 180.
(3) The Central Government shall issue a notice of proceedings to the
International Oil Pollution Compensation Fund which is entitled to participate in
the proceedings in accordance with Chapter V of this Part.
(4) The Central Government may prescribe the procedure to be followed for
35 establishment of the fund and adjudication of claims arising from an incident of
oil pollution.
184. (1) Where, before the fund is distributed, the ship owner or any of his Acquisition of
right for
servants or agents or any person providing him insurance or other financial compensation
security has as a result of an incident paid compensation for pollution damage, by subrogation.
40 such person shall upto the amount he has paid, acquire by subrogation the rights
which the person so compensated may have enjoyed under this Chapter.
(2) Where the ship owner or any other person establishes that he may be
compelled to pay at a later date in whole or in part any such amount of
compensation with regard to which such person shall have enjoyed a right of
45 subrogation under sub-section (1) had the compensation been paid before the fund
was distributed, the High Court where the fund was constituted may order that a
sufficient sum be provisionally set aside to enable such person to enforce his claim
against the fund at such later date.
185. (1) The High Court or the Central Government shall consolidate all Consolidation of
50 claims against the fund including those arising out of subrogation under claims and
distribution of
section 184. fund.
 68

(2) Any claim in respect of expenses reasonably incurred or sacrifices

reasonably made by the ship owner voluntarily to prevent or minimise pollution
damage shall rank equally with other claims against the fund.
(3) Subject to the right of subrogation under section 184, the High Court or
the Central Government shall distribute the amount in the fund among all 5
claimants in proportion to their established claims.
(4) If the ship owner, insurer or other financial security holder has failed to
establish a fund under this Chapter, the High Court shall make an order for
compensation against such party to be payable within such period as may be
specified in the order. 10
Arrest and sale 186. (1) Where the High Court makes an order for compensation which the
of ship if ship
owner, etc., ship owner has not complied with and such owner has not established a fund, an
unable to satisfy application may be made by a person entitled to compensation to that court to
claims for arrest the ship responsible for the incident or any ship owned by such person.
compensation.
(2) The High Court may direct the amount remaining unpaid after 15
determination of liability of the International Oil Pollution Compensation Fund,
in accordance with Chapter V of this Part, to be levied by distress and sale of the
ship and her equipment in accordance with this Act.
(3) The High Court or the Central Government shall have the power to
detain any ship involved in an incident of oil pollution, until the ship owner has 20
established a fund in accordance with section 182, or has duly complied with the
order for compensation under sub-section (4) of section 185, whichever is earlier.
Restriction on 187. Where the ship owner after an incident has constituted a fund in
enforcement of accordance with this Chapter and is entitled to limit his liability,—
claims after
establishment of (a) no person having a claim for pollution damage arising out of that 25
fund.
incident shall be entitled to exercise any right against any other ship and
property of the ship owner in respect of such claim;
(b) the High Court or the Central Government shall order the release
of any ship or other property belonging to the ship owner which has been
detained in respect of a claim for pollution damage arising out of that 30
incident and shall similarly release any bail or other security furnished to
avoid any arrest:
Provided that this section shall apply only if the sum paid into the High
Court or to the Central Government, or such part thereof as corresponds to the
claim, is actually available to the claimant. 35
Compulsory 188 (1) The owner of every ship carrying more than two thousand tons of
insurance or
other financial
oil in bulk as cargo shall in respect of such ship maintain an insurance or other
security. financial security to cover his liability for pollution damage under this Chapter for
the amount specified under the provisions of the Civil Liability Convention:
Provided that the Central Government may require the owner of a ship 40
carrying such tons of oil in bulk, to maintain insurance or other financial security
to cover his liability for pollution damage upto such limits, as may be prescribed.
(2) In respect of every Indian vessel which maintains insurance or other
financial security under sub-section (1), there shall be granted by the Central
Government a certificate in such form and giving such particulars, subject to 45
payment of such fee, as may be prescribed.
(3) The Central Government may, on an application by the owner or agent
of any foreign ship, grant a certificate under sub-section (2) in respect of such
foreign ship on production of satisfactory evidence relating to maintenance of
insurance or other financial security in accordance with the provisions of the Civil 50
Liability Convention.
 69

189. Any certificate granted by a competent authority in a State outside India Acceptance of
certificate
to a ship registered in that State or any certificate granted by a competent authority granted outside
of a State which is a contracting party to the Civil Liability Convention to any India.
ship wherever it is registered, shall be accepted at any port or place in India, as if
5 it were granted under this Act.
190. (1) No Indian vessel which has onboard more than two thousand tons Ban on entering
of oil in bulk as cargo shall enter or leave or attempt to enter or leave any port or or leaving an
Indian port
place in India unless it carries onboard a certificate granted under sub-section (2) without
of section 188 or a certificate accepted under section 189. certificate.

10 (2) No ship other than an Indian vessel carrying more than two thousand
tons of oil in bulk as cargo, wherever registered, shall enter or leave or attempt
to enter or leave any port or place in India unless it carries onboard a certificate
granted under sub-section (2) of section 188 or a certificate accepted under
section 189.
15 (3) No proper officer shall grant inward entry or outward clearance to any
ship to which sub-section (1) or sub-section (2) applies, unless its master produces
a certificate required in respect of such ship.
191. (1) The insurer or other person providing financial security for the ship Direct action
owner's liability for pollution damage may be directly liable for any claim for against insurer
or other person
20 compensation for such damage which may be brought directly against such providing
insurer or other person. financial
security.
(2) The insurer or other person providing financial security against whom a
claim is made directly may, even if the owner is not entitled to limit his liability
under section 181, avail himself such limits of liability as specified in the said
25 section.
(3) The insurer or other person providing financial security may further avail
himself of the defences (other than the bankruptcy or winding up of the company)
which the ship owner himself would have been entitled to invoke and such insurer
or other person may avail himself of the defence that the pollution damage
30 resulted from the wilful misconduct of the ship owner himself but such insurer or
other person shall not avail himself of any other defence which he might have
been entitled to invoke in the proceedings brought by the ship owner against him.
(4) The insurer or other person providing financial security shall in any case
have the right to require the ship owner to be joined in the proceedings.
35 (5) Any sum provided by insurance or by other financial security maintained
in accordance with section 188 shall be available exclusively for the satisfaction
of claims under this Chapter.
192. (1) Any judgment passed by a competent court of contracting party Recognition of
under the Civil Liability Convention shall be recognised in India, except where,— judgment of
court of
40 (a) the judgment was obtained by fraud; or contracting
parties to Civil
Liability
(b) the ship owner or the insurer or the person providing financial Convention.
security who is a party to the proceedings was not given reasonable notice
and a fair opportunity to present his case.
(2) Any judgment recognised under sub-section (1) shall be enforceable in
45 India in accordance with such procedure as may be prescribed:
Provided that such procedure shall not permit the merits of the case to be
re-opened.
193. (1) The rights of compensation under this Chapter shall be extinguished Limitation
unless action is brought within a period of— period.
 70

(a) three years from the date of occurrence of pollution damage; and
(b) six years from the date of the incident which caused pollution
damage.
(2) If the incident consists of a series of occurrences, the period of six years
shall commence from the date of the first occurrence. 5

Government 194. Nothing in this Chapter shall apply to any warship or any ship for the
ships. time being used by the Government of any State for purposes other than
commercial purposes.
Power to make 195. (1) The Central Government may make rules to carry out the provisions
rules. of this Chapter. 10

(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 time and manner of constitution of the limitation fund under
sub-section (1) of section 182;
(b) the time and other particulars of the notice under sub-section (1) 15
of section 183;
(c) the procedure for establishment of fund and adjudication of claims
arising from incidents of oil pollution under sub-section (4) of section 183;
(d) the threshold limit of tonnage of oil to be carried in bulk and the
limit of liability for pollution damage under the proviso to sub-section (1) 20
of section 188;
(e) the form, particulars and fee to be paid for the grant of a certificate
under sub-section (2) of section 188;
(f) the procedure for enforcement of judgement under sub-section (2)
of section 192; 25

(g) any other matter which is required to be or may be prescribed.

CHAPTER IV
CIVIL LIABILITY FOR BUNKER OIL POLLUTION DAMAGE
Application of 196. This Chapter shall apply to,—
this Chapter.
(a) pollution damage caused due to escape or discharge of bunker oil 30
from every Indian vessel and from every ship other than an Indian vessel
while it is,—
(i) within the territory of India including territorial waters; or
(ii) at a port or a place in India or within the coastal waters, not
extending more than two hundred nautical miles from the baseline; 35

(b) preventive measures for preventing or minimising the pollution

damage,
but shall not apply to—
(a) warships, naval auxiliary or other vessels owned or operated by the
Government and used for the time being, only for non-commercial 40
purposes;
(b) pollution damage specified in Chapter III of this Part.
Definitions. 197. In this Chapter, unless the context otherwise requires,—
(a) “Bunker Convention” means the International Convention on Civil
Liability for Bunker Oil Pollution Damage, 2001; 45
 71

(b) “bunker oil” means any hydrocarbon mineral oil, including

lubricating oil, used or intended to be used for the operation or propulsion
of the ship, and any residues of such oil;
(c) “incident”, “person”, “pollution damage” and “preventive measures”
5 shall have the meanings respectively assigned to them in clauses (a), (c), (d)
and (e), of section 176;
(d) “registered owner” means the person or persons registered as the
owner of the ship or, in the absence of registration, the person or persons
owning the ship, and in the case of a ship owned by a State and operated by
10 a company which in that State is registered as the ship’s operator, “registered
owner” shall mean such company;
(e) “ship” means any sea-going vessel and sea borne craft of any type
whatsoever;
(f) “ship owner” means the owner, including the registered owner,
15 bareboat charterer, manager and operator of the ship.
198. (1) Save as otherwise provided in section 200,— Liability for
bunker oil
(a) where pollution damage is caused due to discharge or escape of pollution.
bunker oil onboard or originating from the ship, the ship owner shall be
liable for,—
20 (i) any pollution damage;
(ii) the cost of any reasonable measures taken for preventing or
minimising any pollution damage so caused or likely to be caused; and
(iii) any damage caused by any such preventive measure so taken:
Provided that where an incident consists of a series of occurrences
25 having the same origin, the ship owner shall be liable from the first of such
occurrences and where more than one person is liable, their liability shall be
joint and several;
(b) where there is a grave and imminent threat of damage being caused
outside a ship, the ship owner shall be liable for the cost of any measures
30 reasonably taken to prevent or minimise any such damage.
(2) Where any incident involving two or more ships occurs resulting in
pollution damage, the ship owners of all ships involved in such incident shall, unless
the damage is reasonably separable, be jointly and severally liable for such damage.
Exemption from
199. (1) No liability for pollution damage shall be incurred by the ship liability.
35 owner under this Chapter, if he proves that such damage,—
(a) resulted from an act of war, hostilities, civil war, insurrection or a
natural phenomenon of an exceptional, inevitable and irresistible character; or
(b) was wholly caused by any act or omission done with an intent to
cause such damage by any person other than an employee or agent of the
40 ship owner; or
(c) was wholly caused by the negligence or other wrongful act of any
Government or other authority responsible for the maintenance of lights or
other navigational aids in the exercise of that function.
(2) If the ship owner proves that the pollution damage resulted wholly or
45 partially either from an act or omission done with intent to cause damage by the
person who suffered the damage or from the negligence of that person, then, he
shall be wholly or partially exonerated from his liability to such person.
 72

Right of ship 200. (1) The ship owner and the person providing insurance or other
owner to
limitation of
financial security shall be entitled to limit his liability under this Chapter in respect
liability. of any one or more incidents in accordance with the provisions of Chapter II of
this Part.
(2) The ship owner shall not be entitled to limit his liability, if it is proved 5
that the incident causing pollution damage occurred as a result of his personal act
or omission, committed or made with intent to cause such damage, or committed
recklessly and with knowledge that such damage is likely to result.
Determination 201. A ship owner who is alleged to have incurred a liability for bunker oil
of limitation of pollution under section 198 or his insurer may make an application to the High 10
liability.
Court or the Central Government for determination of limitation of his liability in
accordance with the provisions of Chapter II of this Part.
Consolidation of 202. The High Court or the Central Government may consolidate all
claims and claims against the ship owner or his insurer who has deposited the amount under
distribution of
amount. section 201 and may distribute the amount amongst the claimants in accordance 15
with the provisions of section 170.
Extinguishment 203. (1) The right to claim compensation under this Chapter shall be
of right to claim. extinguished, if such claim is not made within a period of—
(a) three years from the date of occurrence of damage; and
(b) six years from the date of incident which caused such damage. 20

(2) Where the incident consists of a series of occurrences, the period of six
years shall commence from the date of the first of such occurrence.
Maintenance of 204. Every registered owner of a ship having gross tonnage of more than
compulsory one thousand tons shall, for the purpose of his liability for pollution damage under
insurance or
other financial this Chapter, maintain compulsory insurance coverage or such other financial 25
security. security, subject to such limits as may be specified under the Limitation of
Liability for Maritime Claims Convention.
Direct action 205. (1) The insurer or other person providing financial security for the ship
against insurer
or other person
owner’s liability for pollution damage may also be liable along with the ship
providing owner for any claim for compensation for such damage. 30
financial
security. (2) The insurer or other person providing financial security may, if the ship
owner is not entitled to limit his liability in accordance with the provisions of
section 200, avail himself such limits of liability as may be prescribed.
(3) Any claim for compensation for pollution damage may be brought
directly against the insurer or other person providing financial security for the 35
registered ship owner’s liability for pollution damage and in such case, the insurer
or such person may invoke defences (other than bankruptcy or winding up of the
company) which the ship owner would have been entitled to invoke, including
limitation of liability under section 200:
Provided that the insurer or such person may invoke the defence that the 40
pollution damage resulted from the wilful misconduct of the ship owner but shall
not invoke any other defence which such insurer or person might have been
entitled to invoke in proceedings brought by the ship owner against such insurer
or person:
Provided further that the insurer or such person may make the ship owner a 45
party to such proceedings.
Grant of 206. (1) The Central Government shall grant a certificate in respect of every
certificate. ship which maintains insurance or other financial security, in such form,
containing such particulars, subject to such conditions and on payment of such
fee, as may be prescribed. 50
 73

(2) Every certificate granted under sub-section (1) shall on expiry, be

renewed in such manner and on payment of such fee as may be prescribed.
207. (1) No ship shall enter or leave or attempt to enter or leave any port or Ban on entering
or leaving port
place to which this Chapter applies unless it carries onboard a certificate granted without
5 under section 206. clearance.

(2) Any certificate granted by a competent authority in any State outside

India to a ship registered in that State or any certificate granted by a competent
authority of any State which is a contracting party to the Bunker Convention to
any ship wherever registered, shall be accepted at any port or place in India as if
10 it were granted under this Act.
(3) No proper officer shall permit inward entry or outward clearance to any
ship to which sub-section (1) or sub-section (2) applies unless the master of the
ship produces the certificate required in respect of such ship.
208. Nothing contained in this Chapter shall prejudice the right of recourse Right of
15 that the ship owner may have against any other person in respect of his liability. recourse.

209. (1) Any judgment passed by a competent court of a contracting party Recognition of
under the Bunker Convention shall be recognised in India except where,— judgment of
court of
(a) the judgment was obtained by fraud; or contracting
parties to
(b) the ship owner or the insurer or the person providing financial Bunker
20 security who is a party to the proceedings was not given reasonable notice Convention.
and a fair opportunity to present his case.
(2) Any judgment recognised under sub-section (1) shall be enforceable in
India in accordance with such procedure as may be prescribed:
Provided that such procedure shall not permit the merits of the case to be
25 re-opened.
210. (1) The Central Government may make rules to carry out the provisions Power to make
of this Chapter. rules.

(2) In particular, and without prejudice to the generality of the foregoing

power, such rules may provide for all or any of the following matters, namely:—
30 (a) the limits of liability of the insurer or other person providing
financial security under sub-section (2) of section 205;
(b) the form of certificate, particulars, conditions and fee for issuance
of certificate under sub-section (1) of section 206;
(c) the manner of renewal of certificate and fees under sub-section (2)
35 of section 206;
(d) the procedure for enforcement of a judgment under sub-section (2)
of section 209;
(e) any other matter which is required to be or may be prescribed.
CHAPTER V
40 INTERNATIONAL OIL POLLUTION COMPENSATION FUND
211. This Chapter shall apply to pollution damage caused in the territory of Application of
this Chapter.
India, including the coastal waters, not extending more than two hundred nautical
miles from the baseline and to preventive measures, wherever taken, to prevent or
minimise such pollution damage.
45 212. (1) In this Chapter, unless the context otherwise requires,— Definitions.
(a) “associated person” includes any subsidiary or commonly
controlled entity or such person as may be prescribed;
(b) “contributing oil” means crude oil and fuel oil.
 74

Explanation.—For the purposes of this clause,—

(i) “crude oil” means any liquid hydrocarbon mixture occurring
naturally in the earth whether or not treated to render it suitable for
transportation and includes crude oils from which certain distillate
fractions are removed (sometimes referred to as topped crudes) or to 5
which certain distillate fractions are added (sometimes referred to as
spiked or reconstituted crudes);
(ii) “fuel oil” means heavy distillates or residues from crude oil
or blends of such materials intended for use as a fuel for the production
of heat or power of a quality equivalent to the “American Society for 10
Testing and Materials’ Specification for Number Four Fuel Oil
(Designation D 396-69)”, or heavier;
(c) “Fund” means the International Oil Pollution Compensation Fund,
1992 established under Article 2 of the Fund Convention;
(d) “Fund Convention” means the International Convention on the 15
establishment of an International Fund for Compensation for Oil Pollution
Damage, 1992, including protocols, if any, to which India is a party;
(e) “guarantor” means any person providing insurance or other
financial security to cover the owner’s liability;
(f) “ton”, in relation to oil, means a metric ton. 20

(2) The words or expressions used in this Chapter but not defined shall have
the meanings respectively assigned to them in the Civil Liability Convention.
Contribution to 213. (1) All contributions to the Fund in respect of contributing oil carried
Fund. by sea to ports or terminal installations in India shall be payable in accordance
with Articles 10 and 12 of the Fund Convention. 25

(2) The provisions of sub-section (1) shall apply—

(a) whether or not the contributing oil is imported; and
(b) notwithstanding that contributions are payable to the Fund in
respect of carriage of the same contributing oil on a previous voyage.
(3) The person liable to pay contributions to the Fund shall be— 30

(a) in case of contributing oil which is being imported into India, the
importer; and
(b) in any other case, the person by whom the oil is received in India.
(4) A person shall not be liable to pay contributions to the Fund in respect
of the contributing oil imported or received by him in any year, if the aggregate 35
quantity of contributing oil so imported or received in a year by him and any
associated person does not exceed one lakh fifty thousand tons, or as may be
specified from time to time in the Fund Convention.
Explanation.—For the purposes of this section, “terminal installation”
means any site for the storage of oil in bulk which is capable of receiving oil from 40
waterborne transportation, including any facility situated offshore and linked to
such site.
Contribution 214. (1) The contributions payable to the Fund by a person for any year shall
payable by
persons to
be,—
Fund. (a) such amount as may be determined under Article 12 of the Fund 45
Convention;
 75

(b) in such instalments, becoming due at such dates,

as may be notified under the Fund Convention and any amount due shall be payable
along with interest at a rate determined under Article 13 of the Fund Convention.
(2) The Central Government may require persons who are or may be liable
5 to pay contributions to the Fund under this Chapter to give financial security for
payment of contributions to the Central Government or the Fund.
215. (1) Where any person suffering pollution damage is unable to obtain Liability of
full and adequate compensation for the damage under the Civil Liability Fund.
Convention, the Fund shall be liable to pay compensation to such person, if,—
10 (a) no liability for the damage arises under the provisions of the Civil
Liability Convention; or
(b) the ship owner liable for the damage under the provisions of the
Civil Liability Convention is financially incapable of meeting his
obligations in full and any financial security that may be provided under that
15 Convention does not cover or is insufficient to satisfy the claims for
compensation for the damage and the person suffering damage has taken all
reasonable steps to pursue the legal remedies available to him; or
(c) the damage exceeds the ship owner’s liability under the Civil
Liability Convention.
20 (2) The expenses incurred or sacrifices made by the ship owner voluntarily
to prevent or minimise pollution damage shall be treated as pollution damage for
the purposes of this section.
(3) The Fund shall incur no obligation under sub-section (1) if,—
(a) it is proved that the pollution damage resulted from an act of war,
25 hostilities, civil war or insurrection or was caused by oil which has escaped or
been discharged from a warship or other ship owned or operated by a State and
used at the time of the incident, only on Government non-commercial service; or
(b) the claimant fails to prove that the damage resulted from an
incident involving one or more ship.
30 (4) If the Fund proves that the pollution damage resulted wholly or partly either
from an act or omission done with the intent to cause damage by the person who
suffered the damage or from the negligence of that person, the Fund may be
exonerated wholly or partly from its obligation to pay compensation to such person.
(5) The Fund shall in any event (except in respect of preventive measures),
35 be exonerated to the extent the ship owner may have been exonerated under the
Civil Liability Convention.
216. (1) The liability of the Fund under section 215 shall be subject to the
Limitation of
limits specified in Article 4 of the Fund Convention. liability of
(2) Upon institution of a claim for compensation under this Chapter, the Fund.
40 High Court shall issue notice to the Fund and such Fund shall be entitled to
participate in the proceedings.
(3) No order shall be passed against the Fund by the High Court until the
Fund notifies the High Court that the amount of the claim may,—
(a) not be reduced; or
45 (b) be reduced to a specified amount and the liability of the Fund shall
be enforceable only for the reduced amount.
(4) The amount for which the Fund is liable under this Chapter shall be paid
in rupees and the mode and manner of converting such amount from Special
Drawing Rights into rupees shall be such as may be prescribed.
 76

Power to call for 217. (1) The Central Government may, for the purpose of transmitting
information.
to the Fund, the names and addresses of the persons who under this Chapter
are liable to make contributions to the Fund every year and the quantity of
contributing oil in respect of which they are so liable, by notice, require any
such person to furnish such information, in such manner and within such 5
time, as may be specified therein.
(2) In proceedings by the Fund against any person for the recovery of
any contribution due to the Fund under section 214, the particulars contained
in any list transmitted by the Central Government to the Fund shall, so far
as those particulars are based on information obtained under this section, be 10
admissible as evidence of the facts stated therein, and so far as particulars
which are so admissible are based on information given by the person against
whom the proceedings are brought, shall be presumed to be accurate until
the contrary is proved.
(3) No person shall disclose any information which was furnished to or 15
obtained by him under this section unless the disclosure is made,—
(a) with the consent of the person from whom the information was
obtained;
(b) in connection with the compliance of this section;
(c) for the purpose of any legal proceedings arising out of this 20
section or of any report of such proceedings.
(4) A person who,—
(a) refuses or wilfully neglects to comply with a notice under this
section; or
(b) makes, while furnishing any information in compliance with 25
a notice under this section, any statement which he knows to be false
in a material particular, or recklessly makes any statement which is
false in a material particular,
shall be liable to penalty under this Act.
Claims against 218. (1) Any claim against the Fund for compensation under this 30
Fund and Chapter shall be brought before the High Court.
jurisdiction of
courts. (2) The Fund shall have the right to intervene as a party to any legal
proceedings instituted in the High Court against the ship owner or his
guarantor.
(3) Where a notice of proceedings is given to the Fund by the High 35
Court, any judgment given in the proceedings shall, after it has become final
and enforceable, become binding upon the Fund to the effect that the facts
and evidence in that judgment may not be disputed by the Fund on the
ground that it has not intervened in the proceedings.
Extinguishment 219. Notwithstanding anything contained in any other law for the time 40
of claims. being in force, no action to enforce a claim against the Fund under this
Chapter shall be entertained by a High Court, unless—
(a) the action to enforce is commenced; or
(b) notice of action to enforce a claim against the ship owner or
his guarantor in respect of the pollution damage is given to the Fund, 45

within three years from the date when the damage occurred and six years
from the date of the incident that caused such damage.
 77

220. In respect of any sum paid by a public authority in India or by the Fund Subrogation and
right of
as compensation for pollution damage, that authority or the Fund shall acquire by recourse.
subrogation any rights which the person so compensated would have enjoyed
under the Fund Convention.
5 221. The Central Government may establish a fund for the pollution damage Power of
exceeding the amount payable under this Part and the source of fund and manner Central
Government to
of disbursement of compensation from such fund shall be such as may be establish fund
prescribed. for excess
claim.

222. (1) The Central Government may make rules to carry out the provisions Power to make
10 of this Chapter. rules.

(2) In particular, and without prejudice to the generality of the foregoing

power, such rules may provide for all or any of the following matters, namely:—
(a) subsidiary or commonly controlled entity or person under clause (a) of
sub-section (1) of section 212;
15 (b) the mode and manner of conversion of Special Drawing Rights to
rupees under sub-section (4) of section 216;
(c) the source of fund and manner of disbursement of compensation
from fund established under section 221;
(d) any other matter which is required to be or may be prescribed.
20 PART X
MARINE INCIDENT AND EMERGENCY RESPONSE
223. This Part shall apply to marine incidents occurring directly or in Application of
this Part.
connection with the operations of,—
(a) Indian vessels; and
25 (b) vessels other than Indian vessels which enter a port or offshore
terminal or place in India or within her coastal waters.
224. In this Part, unless the context otherwise requires,— Definitions.

(a) “marine incident” means an event, or sequence of events,

occurring directly in connection with the operation of a vessel that
30 endangers, or if not corrected, would endanger the safety of the vessel, its
occupants or any other person or the environment and includes marine
violation, marine casualty, marine disaster, cyclones, storms or other
adverse weather events, very serious marine casualty and such other event
or sequence of events as may be notified by the Central Government;
35 (b) “maritime emergency response” means a speedy action
undertaken in response to a marine incident to ensure minimum damage to
the vessel, passengers, seafarers, cargo and the marine environment by
mitigating, containing, restoring and providing relief against such marine
incident.
40 225. (1) The Central Government shall, by notification, appoint one or more Appointment of
nodal authorities who shall administer and supervise the marine incidents and the nodal authority
for marine
corresponding maritime emergency response. incidents.

(2) The nodal authority shall discharge its duties under the supervision and
control of the Central Government.
 78

Primary 226. (1) The ship owner or master, seafarers of the concerned vessel and
response party.
such other persons as may be notified by the Central Government shall be the
primary response party responsible for engaging in maritime emergency response.
(2) The primary response party shall comply with all directions, advisories
or instructions issued by the concerned nodal authority for the respective class of 5
marine incidents.
Plans and 227. The Central Government shall notify plans for prevention of marine
procedures for incidents and procedures for maritime emergency responses.
response
mechanisms.
Powers of nodal 228. (1) Notwithstanding anything contained in any other law for the time
authority. being in force, it shall be lawful for the nodal authority to issue directions in 10
writing, consistent with the objectives of this Part, to the administrative bodies
under the Central Government and the State Governments.
(2) The nodal authority may requisition the services of any officer of the
Central Government or the State Government or any police officer or any other
authority or body to assist for the purposes of this Part and it shall be the duty of 15
every such officer or authority or body to comply with such requisition.
(3) The nodal authority may requisition the resources and pollution
prevention equipment available with any of the offices of the Central Government
or the State Government or other offices or organisations to assist for the purposes
of this Part and it shall be the duty of such offices or organisations to comply with 20
such requisition.
(4) The circumstances under which the nodal authority shall carry out
maritime emergency response to a marine incident shall be such as may be
prescribed.
Maintenance of 229. Every registered owner of an Indian vessel or any other vessels which 25
compulsory enter a port, shipyard or offshore terminal or place in India or within coastal
insurance or
other financial waters shall, for the purpose of covering his liability under this Part, maintain
security. adequate insurance coverage or such other financial security as may be prescribed,
and carry onboard a certificate or document showing compliance with such
requirement. 30

Power to make 230. (1) The Central Government may make rules to carry out the provisions
rules. 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 circumstances under which the nodal authority shall carry out 35
maritime emergency response to a marine incident under sub-section (4) of
section 228;
(b) adequate insurance coverage or other financial security under
section 229;
(c) any other matter which is required to be or may be prescribed. 40

PART XI
INVESTIGATION AND INQUIRIES ON MARINE CASUALTIES
Marine 231. (1) For the purposes of investigation and inquiries under this Part, a
casualties and
report thereof.
marine casualty shall be deemed to be an event or sequences of events that has
resulted in any of the following and has occurred directly or in connection with 45
the operations of Indian vessels and any other vessels, when—
(a) on or near the coast of India, any vessel is lost, abandoned, stranded
or materially damaged;
 79

(b) on or near the coast of India, any vessel causes loss or material
damage to any other vessel or to external infrastructure;
(c) any loss of life or presumed loss of life ensues by reason of any
casualty happening or otherwise, onboard any vessel, on or near the coast
5 of India or its coastal waters;
(d) in any place, any such loss, abandonment, stranding, material
damage or casualty occurs to or onboard any Indian vessel and any
competent witness thereof is found in India;
(e) any Indian vessel is lost or is supposed to have been lost, and any
10 evidence is obtainable in India as to the circumstances under which such
vessel proceeded to sea or was last heard of;
(f) in any place within the coastal waters, pollution, or the potential
threat of such pollution to the environment, or severe damage to the
environment, or the potential to severe damage to the environment is caused
15 by a vessel;
(g) a fire or explosion takes place on any Indian vessel anywhere in
the world, or a fire or explosion takes place on a vessel other than an Indian
vessel, while such vessel is on or near the coast of India or its coastal
waters.
20 (2) In the cases mentioned in sub-section (1), the ship owner, manager,
operator, company, pilot, harbour master, master, or other person in charge of the
vessel or where two vessels are concerned, in charge of each vessel at the time of
the marine casualty shall, within twenty-four hours of the occurrence, give notice
of the marine casualty to the officer appointed in this behalf by the Central
25 Government.
(3) Wherever any such officer receives notice of the marine casualty under
sub-section (2), he shall forthwith inform in writing to the Central Government
and proceed to make preliminary inquiry into the marine casualty.
(4) The officer referred to in sub-section (3) shall, on completion of
30 preliminary inquiry, furnish the report to the Central Government or other
authority as may be appointed by it in this behalf.
(5) The Central Government may, for the purposes of the investigation,
appoint a body to conduct marine safety investigation in accordance with the
Safety Convention.
35 (6) The body appointed under sub-section (5) shall make preliminary
assessment of the marine casualty and conduct a marine safety investigation for
ascertaining the causes and circumstances of such marine casualty and submit its
report to the Central Government.
Explanation.—For the purposes of this Part, “company” shall have the same
40 meaning as assigned to it in clause (a) of section 115.
232. On receipt of the marine safety investigation report under sub-section (6) Power of
of section 231, or if the Central Government is of the opinion that prima facie, Central
Government to
there exists incompetency, misconduct or violation of any law for the time being initiate
in force on the part of any person, it may— proceedings.

45 (a) initiate administrative action; and

(b) direct such officer or other authority having jurisdiction over the
area to initiate proceedings against such person as may be required in
accordance with such law.
 80

PART XII
WRECK AND SALVAGE
CHAPTER I
WRECK
Application of 233. This Chapter shall apply to the wrecks located within the territory of 5
this Chapter. India including the coastal waters but shall not apply to,—
(a) any measures taken under the International Convention relating to
the Intervention on the High Seas in Cases of Oil Pollution Casualties, 1969;
(b) any warship or other vessel owned or operated by the Government
for non-commercial service. 10

Definitions. 234. In this Chapter, unless the context otherwise requires,—

(a) “authority” means the Central Government or any person
authorised by it;
(b) “Convention” means the Nairobi Convention on the Removal of
Wrecks, 2007; 15

(c) “hazard” means any condition or threat, that—

(i) poses a danger or impediment to navigation; or
(ii) may reasonably be expected to result in major harmful
consequences to the marine environment or damage to the coastline or
related interests of India or any other State. 20

Explanation.—For the purposes of this clause, “related interest”

means—
(i) maritime coastal, port and estuarine activities including
fisheries activities, constituting essential means of livelihood of the
persons concerned; 25

(ii) tourist attractions and other economic interests of the areas

concerned;
(iii) the health of the coastal population and the well-being of the
area concerned, including conservation of marine living resources and
of wildlife; and 30

(iv) offshore and underwater infrastructure;

(d) “maritime casualty” means a collision of ships, stranding or other
incident of navigation or other occurrence onboard a ship or external to it,
resulting in material damage or imminent threat of material damage to a ship
or its cargo; 35

(e) “operator of ship” means the ship owner or any other organisation
or person such as the manager or the bareboat charterer, who has assumed
the responsibility for operation of the ship from the ship owner and has
agreed to take over the duties and responsibilities enshrined under the
International Safety Management Code; 40

(f) “receiver of wreck” means a person appointed as such under

sub-section (1) of section 235;
(g) “registered owner” means,—
(i) the person registered as the owner of the ship or in the absence
of registration, the person owning the ship at the time of the maritime 45
casualty;
 81

(ii) in the case of a ship owned by a State and operated by a

company which in that State is registered as the operator of the ship;
(h) “removal” means any form of prevention, mitigation or
elimination of the hazard created by a wreck and the expressions “remove”,
5 “removed” or “removing”, shall be construed accordingly;
(i) “ship” means a sea-going vessel of any type whatsoever and
includes hydrofoil boats, air-cushion vehicles, submersibles, floating craft
and floating platforms, except when such platforms are on location engaged
in the exploration, exploitation or production of seabed mineral resources.
10 235. (1) The Central Government may, by notification, appoint any person Receiver of
to be a receiver of wreck who shall receive and take possession of wreck and wreck.
perform his duties under this Chapter, within such local limits as may be specified
in that notification.
(2) The duties of a receiver of wreck shall include disposal or sale of the
15 wreck, giving of notices, enforcing performance of obligations by ship owner,
operator or insurer of the ship, and to take such action as required to remove the
wreck by the most practical and expeditious means available, consistent with
considerations of safety and protection of maritime environment.
236. (1) When any Indian vessel or any ship other than an Indian vessel, is Duty to report
20 wrecks.
involved in a maritime casualty resulting in a wreck in any area to which this
Chapter applies, the master or ship owner or the operator of the ship shall, without
any delay report such incident to the Director-General and the Maritime Rescue
Coordination Centre or the Maritime Rescue Sub-Center of Indian Coast Guard.
(2) When any Indian vessel is involved in a maritime casualty resulting in a
25 wreck in a convention area of any State, the master and the operator of that ship
shall, without any delay, report such incident to the affected State in such manner
as may be required by that State and shall also report such incident to the
Director-General and the Maritime Rescue Coordination Centre or the Maritime
Rescue Sub-Center of Indian Coast Guard.
30 Explanation.—For the purposes of this sub-section,—
(i) “affected State” means the country in whose convention area the
wreck is located;
(ii) “convention area” means the Exclusive Economic Zone of a State
party established in accordance with international law or, if a State party has
35 not established such a zone, an area beyond and adjacent to the territorial
sea of that State determined by that State in accordance with international
law and extending not more than two hundred nautical miles from the
baseline from which the breadth of its territorial sea is measured.
237. The Central Government shall determine whether a wreck constitute a Determination
of hazard.
40 hazard or not, based on the following criteria, namely:—
(a) the type, size and construction of the wreck;
(b) the depth of water in the area;
(c) the tidal range and currents in the area;
(d) the proximity to protected areas including coral reefs and other
4 45 areas as may be notified by the Central Government;
(e) the sensitive sea areas identified as appropriate and designated in
accordance with guidelines adopted by the International Maritime
Organisation, or a clearly defined area of the Exclusive Economic Zone
where special mandatory measures are adopted in accordance with
50 requirements of the United Nations Convention on the Law of the Sea, 1982;
 82

(f) the proximity of shipping routes or established traffic lanes;

(g) the traffic density and frequency;
(h) the type of traffic;
(i) the nature and quantity of the wreck’s cargo, the amount and types
of oil (such as bunker oil and lubricating oil) onboard the wreck and in 5
particular, the damage likely to result if the cargo or oil is released into the
marine environment;
(j) the vulnerability of port and port facilities;
(k) the prevailing meteorological and hydrographical conditions;
(l) the submarine topography of the area; 10

(m) the height of the wreck above or below the surface of the water at
lowest astronomical tide;
(n) the acoustic and magnetic profiles of the wreck;
(o) the proximity of offshore installations, pipelines, telecommunication
cables and similar structures; 15

(p) the proximity of tourist spots and heritage locations; and

(q) any other criteria as may be prescribed.
Locating and 238. (1) When a wreck is determined to be a hazard, it shall be the duty of
marking of the ship owner or the operator of such a ship, to—
wrecks.
(a) immediately mark the wreck at his or its own cost in such manner 20
as may be prescribed; and
(b) maintain the marking until the wreck is removed.
(2) The cost for locating and marking the ship shall be borne by or recovered
from the ship owner or the operator of such a ship.
Power to pass 239. (1) Whenever a ship is wrecked, stranded or in distress, all persons 25
over adjoining may, for the purpose of rendering assistance to the ship or of saving the lives of
lands.
the shipwrecked persons, or of saving the cargo or equipment of the ship, unless
there is some public road equally convenient, pass and repass, either with or
without vehicles or animals, over any adjoining lands without being subject to
interruption by the owner or occupier of the land, so that they do as little damage 30
as possible and may also on the like condition, deposit on these lands any cargo
or other article recovered from the ship.
(2) Any damage sustained by an owner or occupier as a consequence of the
exercise of the rights under this section shall be a charge on the ship, cargo or
articles in respect of or by which the damage is sustained and in case of dispute, 35
the amount payable in respect of such damage shall be determined by a Magistrate
on an application made to him in this behalf.
Prohibition of 240. No person shall,—
certain acts in
respect of (a) without the leave of the master, board or attempt to board any ship
wreck. which is wrecked, stranded or in distress, unless the person acts by 40
command of the Central Government; or
(b) impede or hinder or attempt in any way to impede or hinder the
saving of any ship stranded or in danger of being stranded or otherwise in
distress in any area to which this Chapter applies or of any part of the cargo
or equipment of the ship, or of any wreck; or 45

(c) release any wreck or deface or obliterate any marks thereon; or

 83

(d) wrongfully carry away or remove any part of a ship stranded or in

danger of being stranded or otherwise in distress or any part of the cargo or
equipment of the ship or any wreck, in any area to which this Chapter
applies.
5 241. Where a receiver of wreck suspects or receives information that any Search warrants
where wreck is
wreck is released or is in the possession of some person who is not the owner involved.
thereof or that any wreck is otherwise improperly dealt with, he may apply to the
nearest Judicial Magistrate of the first class for a search warrant and such
Magistrate shall have power to grant the warrant and the receiver of wreck by
10 virtue thereof may enter any house or other place wherever situate and also any
ship and search for, seize and detain any such wreck found thereof.
242. (1) When it is determined that the wreck constitutes a hazard, the
receiver of wreck shall give the detailed information of the hazard to the Central Measures to
facilitate
Government, in such manner as may be prescribed. removal of
wrecks.
15 (2) The Central Government, on receipt of information under sub-section (1)
shall,—
(a) inform the Government of the State in which the ship is registered
as well as the registered ship owner; and
(b) consult such State and any State affected by the wreck regarding
20 measures to be taken in relation to such wreck.
(3) The registered ship owner or the operator of the ship shall remove such
wreck which is determined to constitute a hazard:
Provided that where any dispute arises as to whether the wreck constitutes
a hazard or not, the decision of the Central Government shall be final and binding
25 on all parties.
(4) When a wreck is determined to constitute a hazard, the registered ship
owner or any interested person shall provide to the Central Government or the
receiver of wreck with the evidence of insurance or other financial security
maintained by him in accordance with the provisions of this Act.
30 (5) The receiver of wreck or ship owner or operator of the ship shall submit
a plan for removal of wreck to the Central Government.
(6) The Central Government shall approve or disapprove or approve with
certain modifications, the plan submitted before it under sub-section (5) and
having regard to the nature of the hazard, specify on a case to case basis, the time
35 within which the ship owner or operator shall remove the wreck.
(7) If the ship owner or operator do not remove the wreck within the time
specified under sub-section (6), the Central Government may, at the expense of
such ship owner or operator, remove the wreck by the most practical and
expeditious means available, consistent with considerations of safety and
40 protection of the marine environment and the wreck or any sale proceeds derived
from such wreck shall become the property of the Central Government.
(8) Where immediate action is required and the receiver of wreck has
informed the ship owner or the operator accordingly, he may, at the expense of
such ship owner or operator, remove the wreck by the most practical and
45 expeditious means available, consistent with considerations of safety and
protection of the marine environment.
(9) Where any measure taken under this section is construed to be salvage,
the provisions of Chapter II of this Part relating to salvage shall apply.
 84

Liability of ship 243. (1) The registered ship owner shall be liable for the costs of locating,
owner.
marking and removing the wreck under this Chapter unless he proves that the
maritime casualty which caused the wreck—
(a) resulted from an act of war, hostilities, civil war, insurrection, or a
natural phenomenon of an exceptional, inevitable and irresistible character; or 5

(b) was wholly caused by act or omission done with an intent to cause
damage by a third party; or
(c) was wholly caused by the negligence or other wrongful act of any
Government or other authority responsible for the maintenance of lights or
other navigational aids in the exercise of that function. 10

(2) Nothing contained in this Chapter shall—

(a) affect the right of the registered ship owner to limit his liability in
accordance with the provisions of section 162; or
(b) prejudice any right of recourse available to the registered ship
owner against third parties. 15

(3) Notwithstanding anything contained in this section, the registered ship

owner shall not be liable for any cost, if, and to the extent that liability or such
costs is in conflict with—
(a) any other provisions of this Act;
(b) the provisions of the Civil Liability for Nuclear Damage Act, 2010; or 20 38 of 2010.

(c) any other international legal instrument to which India is a party.

Maintenance of 244. (1) Every registered owner of an Indian vessel of gross tonnage of
insurance or three hundred and above shall, for the purposes of covering his liability under this
other financial
security. Chapter, be required to maintain compulsory insurance coverage or such other
financial security, as may be prescribed. 25

(2) Every ship owner or operator of a ship other than an Indian vessel of gross
tonnage of three hundred and above, while it is in the area to which this Chapter
applies, shall maintain insurance coverage or other financial security to cover his
liability under the Convention and shall carry onboard a certificate to that effect.
(3) The certificate referred to in sub-section (2) shall, in case the ship is,— 30

(a) registered in India, be granted by the authority;

(b) registered in a Convention State other than India, be granted by or
under the authority of the Government of that State; and
(c) registered in a State which is not a Convention State, be granted or
certified by the appropriate authority authorised by any Convention State. 35

(4) Any ship which contravenes the provisions of sub-section (2), shall be
liable to be detained by the authority.
(5) Any claim for costs arising under this Chapter may be brought directly
against the insurer or other person providing financial security for the registered
ship owner’s liability and in such a case, the insurer or such person may invoke 40
defences (other than bankruptcy or winding up of the company) which the
registered ship owner would have been entitled to invoke, including limitation of
liability as provided under this Act:
Provided that where the registered ship owner is not entitled to limitation of
liability under this Act, the insurer or such person may limit liability to an amount 45
equal to the amount of the insurance or other financial security required to be
maintained under sub-section (1):
 85

Provided further that the insurer or such person may invoke the defence that
the maritime casualty resulted from the wilful misconduct of the registered ship
owner but shall not invoke any other defence which such insurer or person might
have been entitled to invoke in proceedings brought by the registered ship owner
5 against such insurer or person:
Provided also that the insurer or such person shall have the right to require
the registered ship owner to be joined in such proceedings.
245. (1) The owner of any wreck in the possession of the receiver, upon Claims of ship
establishing his claim to the satisfaction of the receiver within one year from the owners to
wreck.
10 time at which the wreck came into the possession of the receiver shall, upon
paying the salvage and other charges, be entitled to have the wreck or the proceeds
thereof delivered to him.
(2) Where any articles belonging to or forming part of a ship other than an Indian
vessel which is wrecked or belonging to and forming part of the cargo of such ship,
15 are found in any area to which this Chapter applies or are brought into any port in
India, the ambassador of the State in which the ship is registered or, in the case of
cargo, the State to which the owners of the cargo may have belonged shall, in the
absence of the owner and of the master or other agent of the owner, be deemed to be
the agent of the owner, with respect to the custody and disposal of the articles.
20 (3) Where the owner of the wreck does not appear and claim the balance of
the proceeds of sale within one year from the date of sale, the said balance shall
become the property of the Central Government.
246. Any claim for recovery of costs for locating and marking of the ship under Extinguishment
this Chapter shall be made within a period of three years from the date of determination of right to claim
recovery of
25 of the hazard and six years from the date the maritime casualty resulted in the wreck: costs.
Provided that where the maritime casualty consists of a series of occurrences,
the six years period shall be reckoned from the date of the first occurrence.
CHAPTER II
SALVAGE
30 247. (1) This Chapter shall apply to— Application of
this Chapter.
(a) salvage operations within the territory of India including the
coastal waters; and
(b) judicial or arbitral proceedings relating to salvage operations in
respect of a vessel or any other property which are instituted in India.
35 (2) This Chapter shall not apply to—
(i) the fixed or floating platforms or mobile offshore drilling units when
such platforms or units are on location engaged in the exploration, exploitation
or production of seabed mineral resources;
(ii) warships or other non-commercial vessels owned or operated by the
40 Government which are entitled, at the time of salvage operations, to sovereign
immunity;
(iii) such vessels as the Central Government may, by notification, specify.
(3) This Chapter shall apply, notwithstanding that the vessel undertaking the
salvage operations belong to the same owner of the vessel being salvaged.
45 248. In this Chapter, unless the context otherwise requires,— Definitions.

(a) “damage to the environment” means substantial physical damage

to human health or to marine life or resources in coastal or inland waters or
areas adjacent thereto caused by pollution, contamination, fire, explosion or
similar major incidents;
 86

(b) “payment” means any reward, remuneration or compensation due

under the Salvage Convention;
(c) “property” means any property not permanently and intentionally
attached to the shoreline and includes freight at risk;
(d) “vessel” means any ship or craft, or any structure capable of 5
navigation.
Salvage payable 249. (1) Where services are rendered by any master or salvor or any person
for saving life, other than the authority notified by the Central Government,—
cargo or wreck.
(a) wholly or in part within the territorial waters of India in saving life
from any vessel, or elsewhere in saving life from a vessel registered in India; or 10

(b) in assisting a vessel or saving the cargo or equipment of a vessel which

is wrecked, stranded or in distress at any place to which this Chapter applies; or
(c) in saving any wreck,
there shall be payable to such master or salvor or person by the owner of the
vessel, cargo, equipment or wreck, a reasonable sum for salvage having regard to 15
all the circumstances of the case.
(2) A master or person or salvor rendering salvage under clause (a) of
sub-section (1) shall be entitled to a fair share of the payment for the salvage of
the vessel or other property or preventing or minimising damage to the
20
environment.
(3) Salvage in respect of the preservation of life when payable by the owner
Salvage of the vessel shall be payable in priority to all other claims for salvage.
operations
controlled by 250. Where salvage operations are rendered by or on behalf of the
Government or Government or by a vessel of the Indian Navy or of the Coast Guard or the
port and public
authorities.
commander or crew of any such vessel or the port authorities or any public 25
authority, the Government or other authority acting on its behalf shall be entitled
to salvage and payment for such services as provided under this Chapter and shall
Salvage have the same rights and remedies in respect of those services as any other salvor.
contracts.
251. (1) The owner of a vessel or the master on behalf of the owner shall
conclude contracts with salvors to undertake necessary and adequate salvage 30
operations in compliance with the provisions of this Chapter.
(2) The master or the owner of the vessel shall have the authority to conclude
Duties of salvor, such contracts on behalf of the owner of the property onboard the vessel.
owner and
master. 252. (1) The salvor shall have the following duties towards the owner of the
vessel or other property in danger, namely:— 35

(a) to carry out the salvage operations with due care;

(b) to exercise due care to prevent or minimise damage to the environment
during salvage operations;
(c) to seek assistance from other salvors including port authorities or
public authorities when circumstances so require; 40

(d) to coordinate with the Director-General and act in compliance with

the instructions issued by him; and
(e) to accept the intervention of other salvors when reasonably requested to
do so by the owner or master of the vessel or other property in danger:
Provided that if it is found that such a request was unreasonable, it shall not 45
prejudice the amount of reward of such salvor.
(2) The owner or master of the vessel or the owner of other property which
is in danger shall have the following duties towards the salvor, namely:—
(a) to cooperate with the salvor during the course of the salvage
operations; 50
 87

(b) to exercise due care to prevent or minimise damage to the

environment during the salvage operations;
(c) when the vessel or other property is brought to a place of safety, to
accept redelivery when reasonably requested by the salvor; and
5 (d) to provide satisfactory security for the claim, including interest and
costs of the salvor for the salvage operations, at the request of the salvor.
253. (1) A salvor shall have a right to payment for the services rendered by Rights of
salvors.
him relating to salvage operations:
Provided that no such payment shall be made where there is express and
10 reasonable prohibition from rendering any such service by the owner or master of
vessel or owner of any other property in danger which is not and has not been
onboard the vessel.
(2) The criteria for claiming rewards, manner of fixing rewards, payment of
special compensation under Article 14 of the Salvage Convention, apportionment
15 of payment amongst salvors, salvage of persons, payment under the contract,
payment for additional services not covered under the contract and effect of
misconduct of salvors on reward or payment under this Chapter shall be such as
may be prescribed.
(3) The salvor shall have right to enforce his maritime lien against the ship
20 owner or master of vessel or owner of any other property in danger when
satisfactory security for his claim, including interest and costs, is not provided by
such ship owner or master or owner.
254. (1) The Central Government shall take such measures as may be Powers and
necessary to protect its coastline or related interests from pollution or threat of duties of Central
Government in
25 pollution arising out of a maritime casualty or acts relating to such casualty which relation to
may result in major harmful consequences. salvage
operations.
(2) The Central Government may give such directions as it deems fit to the
ship owner or the master or the salvor or a port authority or a public authority or
any other person in relation to salvage operations.
30 (3) The Central Government may, for the purposes of efficient and effective
salvage operations, saving life or property in danger and preventing damage to
the environment, seek cooperation from the concerned ship owner or the master
or the salvor or a port authority or a public authority or any other person, to give
assistance to vessel in need, to admit to ports of vessel in distress or in need of
35 assistance and to give facilities to salvors.
(4) The circumstances under which the salvage operation shall be exercised
by the Central Government shall be such as may be prescribed.
255. The Central Government may, for the purposes of this Chapter, notify Retention of
a list of salvors having such qualifications and experience and subject to such salvors.
40 terms and conditions as may be prescribed.
256. The ship owner and salvor may, for the redressal of grievances relating Disputes
to this Part, approach the Director-General who shall assist the parties in an between ship
owner and
independent and impartial manner to enable an amicable settlement in accordance salvor.
with such procedure as may be prescribed.
45 257. (1) Either party to the salvage contract shall prefer an arbitration for a Adjudication of
dispute that is not resolved by the Director-General under section 256: disputes
between ship
Provided that where the salvage contract does not provide for the resolution owner and
salvor.
of disputes by arbitration, the disputes shall be adjudicated in accordance with the
salvage contract.
 88

(2) Any person aggrieved by the arbitral award may appeal to the concerned
High Court in accordance with the applicable law.
(3) Any dispute involving more than one claimant to the salvage amount
shall be decided by the High Court.
(4) The High Court may, by interim order, direct that the salvor shall be paid 5
such amount as may appear to it to be fair and just.
Extinguishment 258. Any action relating to payment under this Chapter shall extinguish if
of claims.
no action for such claim is made within a period of two years from the date of
completion of salvage operations.
Savings. 259. Nothing in this Part shall,— 10

(a) affect any treaty or arrangement with any foreign State to which
India is a party with reference to the disposal of the proceeds of wrecks on
their respective coasts; or
(b) entitle any person to salvage under this Act in respect of any
property recovered by creeping or sweeping in contravention of the Indian 15
Ports Act, 1908. 15 of 1908.

Power to make 260. (1) The Central Government may make rules to carry out the provisions
rules.
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:— 20

(a) the other criteria to determine whether a wreck constitute a hazard

or not under clause (q) of section 237;
(b) the manner of marking wreck under clause (a) of sub-section (1)
of section 238;
(c) the manner of giving detailed information of the hazard to the 25
Central Government under sub-section (1) of section 242;
(d) the other financial security under sub-section (1) of section 244;
(e) the criteria for claiming rewards, manner of fixing rewards,
payment of special compensation, apportionment of payment and the effect
of misconduct of salvors on reward or payment under sub-section (2) of 30
section 253;
(f) the circumstances in which salvage operation shall be exercised by
the Central Government under sub-section (4) of section 254;
(g) the qualification, experience and the terms and conditions subject
to which salvors shall be notified under section 255; 35

(h) the procedure in accordance with which the Director-General shall

settle the dispute under section 256;
(i) any other matter which is required to be or may be prescribed.
PART XIII
SAILING, FISHING AND OTHER VESSELS 40

261. Save as otherwise provided, nothing contained in this Act, except the
provisions of this Part, Part I, Part II, Part III, Part XI and Part XIV, shall apply
Application of to vessels of the following description, namely:—
this Part.
(a) sailing vessel;
(b) fishing vessel; 45
 89

(c) vessel whose net tonnage is less than fifteen and is engaged solely
in the coasting trade of India:
Provided that the Central Government may, by notification, direct that any
other provisions of this Act shall also apply to such vessels subject to such
5 conditions, exceptions and modifications as may be specified in that notification.
Explanation.—For the purposes of this section, “coasting trade of India”
means,—
(i) the carriage by sea of goods or passengers or both from any port or
place in India to any other port or place in India; or
10 (ii) performing any service within the waters in the jurisdiction of
India, including any part of the adjoining maritime zones of India within the
80 of 1976. meaning of the Territorial Waters, Continental Shelf, Exclusive Economic
Zone and other Maritime Zones Act, 1976, or any other law for the time
being in force or any port or place, including inland ports, as the Central
15 Government may, by notification, specify in this behalf.
262. In this Part, unless the context otherwise requires,— Definitions.

(a) “C-188 Convention” means the C-188-Work in Fishing Convention

adopted by the International Labour Conference of the International Labour
Organisation and signed in Geneva on the 14th day of June, 2007;
20 (b) “Indian fishing vessel” means a fishing vessel registered as an
Indian vessel under section 15;
(c) “skipper” means the person having the command of a fishing
vessel;
(d) “Standards of Training, Certification and Watchkeeping for
25 Fishing Vessel Personnel Convention” means International Convention on
Standards of Training, Certification and Watchkeeping for Fishing Vessel
Personnel, 1995, signed in London on the 7th day of July,1995.
263. (1) If any question arises as to whether a vessel falls under this Part, it Decision of
question
shall be decided by the Director-General and his decision thereon shall be final. whether a vessel
falls under this
30 (2) Where the question under sub-section (1) relate to a fishing vessel, the Part.
decision shall be made in such manner as may be prescribed.
264. (1) Every vessel covered under this Part shall be manned and carry Requirements
onboard such fittings, material, appliances and apparatus, for safety, security and for safety,
security,
prevention of pollution, as may be prescribed: prevention of
pollution and
35 Provided that in case of fishing vessels, such rules shall take into consideration insurance.
the provisions of such international conventions and standards or parts thereof, as
may be deemed necessary by the Central Government, including the Cape Town
Agreement and C-188 Convention.
(2) Every owner of a vessel to which this Part applies, shall provide such
40 policy of insurance as may be prescribed, for all persons employed as members
of the crew of such vessel, against death or personal injury caused by accident
arising in the course of their employment, for an amount which shall not be less
than the amount specified by the Central Government.
(3) No vessel shall ply or proceed to sea unless it complies with the
45 provisions of this section.
Explanation.—For the purposes of this section, “Cape Town Agreement”
means the Cape Town Agreement of 2012 on the Implementation of the
Provisions of the 1993 Protocol relating to the Torremolinos International
Convention for the Safety of Fishing Vessels, 1977 signed in Cape Town on the
50 11th day of October, 2012.
 90

Manning of 265. (1) The Central Government may make rules to provide for the
fishing vessels.
following matters, taking into consideration the Standards of Training,
Certification and Watchkeeping for Fishing Vessel Personnel Convention as may
be deemed necessary, namely:—
(a) the manning scale of every Indian fishing vessel and different 5
manning scales for different categories of Indian fishing vessels, areas and
types of fishing operations;
(b) the grade of certification to be held by every fisher appropriate to
his station, serving onboard an Indian fishing vessel.
(2) Subject to such conditions and restrictions as may be prescribed, an 10
Indian national with certificate of competency granted under the law for the time
being in force of another State or foreign national with certificate of competency
granted under this Act or another State, may serve on an Indian fishing vessel.
(3) Subject to the provisions of the Standards of Training, Certification and
Watchkeeping for Fishing Vessel Personnel Convention, as applicable, every 15
fishing vessel, whether at sea or in any port or place, shall be manned by such
number of persons with such qualifications and such other requirements as may
be prescribed.
Central 266. (1) The Central Government shall, subject to the provisions of the
Government to
grant certificate
Standards of Training, Certification and Watchkeeping for Fishing Vessel 20
of proficiency. Personnel Convention, grant certificate of competency or certificate of
proficiency for such different grades of fishers with such requirements and in such
manner as may be prescribed.
(2) No certificate of competency or certificate of proficiency shall be
granted under sub-section (1), unless the fisher fulfils the qualifications and other 25
requirements referred to in sub-section (3) of section 265.
(3) Notwithstanding anything contained in sub-sections (1) and (2), the
Central Government may grant such other certificate of competency or certificate
of proficiency with such requirements and in such manner as may be prescribed.
(4) A certificate of competency or certificate of proficiency shall be granted 30
in such form, on payment of such fee and be valid for such period, as may be
prescribed.
Training for 267. (1) The Director-General shall administer, supervise and monitor all
grant of activities relating to training and assessment for the grant of certificate of
certificate of
competency or certificate of proficiency under this Part. 35
competency and
certificate of
proficiency. (2) The Director-General shall approve the training institute, training course
and method of conduct of such training for the grant of certificate of competency
or certificate of proficiency in accordance with such criteria as may be prescribed.
Examination for 268. (1) The Director-General or a person duly authorised by the
grant of
certificate.
Director-General in this behalf shall appoint such person or persons for the purpose 40
of examining the persons desirous of obtaining certificate of competency or
certificate of proficiency.
(2) No certificate referred to in sub-section (1) may be granted to any
applicant, unless such applicant is duly reported by the examiner to have
satisfactorily passed the examination. 45

(3) Subject to the provisions of the Standards of Training, Certification and

Watchkeeping for Fishing Vessel Personnel Convention, the form and manner of
conduct of examination for the purposes of grant of certificate of competency or
certificate of proficiency and the fee payable therefor, shall be such as may be
prescribed. 50
 91

269. Where it appears to the Central Government that a person holding Withdrawal,
suspension or
certificate of competency or certificate of proficiency has obtained it on the basis cancellation of
of false or erroneous information, or is guilty of misconduct, or on receipt of any certificate.
report of incompetency, or any act of omission or commission or compromise to
5 safety, security or prevention of pollution by the person holding such certificate
which may threaten or pose a threat to life or property or environment, it may,
after due investigation, by order, withdraw, suspend or cancel such certificate:
Provided that no order shall be passed under this section without giving to
the holder of such certificate a reasonable opportunity of being heard.
10 270. The owner, master, tindal or skipper of every vessel shall, on demand, Production of
certificate.
produce to the proper officer the certificate of competency or certificate of
proficiency or any other certificate specified under this Act or the rules made
thereunder.
271. Subject to the provisions of C-188 Convention, as the Central Agreements in
15 Government may deem necessary,— respect of
fishing vessel.
(a) the owner or his agent or skipper of an Indian fishing vessel shall
enter into an agreement in such form and manner as may be prescribed, with
every fisher whom he engages to man the vessel and shall submit a copy
thereof to the person or authority as may be notified by the Central
20 Government;
(b) a fisher’s right to wages and provisions shall begin either at the
time he commences work or at the time specified in the agreement or
presence onboard, whichever is earliest;
(c) a fisher engaged under this section shall not,—
25 (i) by any agreement forfeit his lien on the fishing vessel; or
(ii) be deprived of any remedy for the recovery of his wages to
which, in the absence of the agreement, he shall be entitled; or
(iii) by any agreement abandon his right to wages in case of the
loss of the fishing vessel; or
30 (iv) abandon any right that he may have or obtain in the nature
of salvage,
and every agreement inconsistent with the provisions of this Act shall be void.
272. The Central Government may, by notification, require every Indian Fishery data to
fishing vessel or any specified class of Indian fishing vessels to furnish fishery be furnished by
Indian fishing
35 data to the Registrar in such form and at such periodical intervals as may be vessels.
specified in that notification.
273. (1) No vessel shall ply or proceed to sea unless it is in possession of Vessel not to
such certificates granted under this Part in such manner and for such period as proceed without
valid
may be prescribed. certificates.

40 (2) Every certificate shall be granted in such manner and shall be in force
for such period as may be prescribed:
Provided that where a vessel is not at a port at the time of expiry of the
certificate, the owner, master, tindal or skipper of that vessel shall notify the
Central Government of such expiry, and the certificate shall continue to be valid
45 until her first arrival at the next port after the expiry of such period.
274. Where it appears to the Central Government that any non-mechanically Power of Central
propelled vessel does not have valid certificates required under this Act, it may, Government to
initiate action
after giving a reasonable opportunity of being heard to the owner, master or against
charterer, take appropriate action including suspension or cancellation of non-mechanically
50 registration of such vessel under this Act. propelled vessels.
 92

Statement 275. (1) Every owner, master or tindal or skipper of a vessel shall maintain
relating to crew
of vessels to be
or cause to be maintained a statement of the crew of the vessel containing the
maintained. following particulars with respect to each member thereof in such form as may be
prescribed, namely:—
(a) his name; 5

(b) the details of the agreement with him under section 271;
(c) the wages payable to him;
(d) the names and addresses of his next-of-kin;
(e) the date of commencement of his employment; and
(f) such other particulars as may be prescribed. 10

(2) Every change in the crew of the vessel shall be entered in the statement
under sub-section (1).
(3) A copy of such statement and of every change entered therein shall be
communicated as soon as possible to the shipping master.
Inquiry to 276. (1) If any owner, master or tindal or skipper of a vessel in the course 15
jettisoning of of the voyage, has jettisoned or claims to have jettisoned the whole or any part of
cargo.
the cargo of the vessel on account of abnormal weather conditions or for any other
reason, he shall immediately after arrival of the vessel at any port or place in India,
give notice of such jettisoning to the proper officer and such notice shall contain
full particulars of the cargo jettisoned and the circumstances under which such 20
jettisoning took place.
(2) Where the proper officer receives the notice under sub-section (1), he
shall forthwith report in writing to the Central Government and may proceed to
make an inquiry into the matter.
Detention of 277. (1) Any vessel attempting to ply or proceed to sea without free board 25
vessel by proper markings or any vessel which is so loaded as to submerge such markings or
officer.
carrying persons in excess of the certified capacity may be detained by a proper
officer until the vessel complies with the requirements of this Act.
(2) Save as otherwise provided, for the purposes of this Part, a proper officer
may, at any reasonable time, go onboard a vessel and may inspect or audit the 30
vessel and any part thereof, the structure, equipment, fittings, arrangements,
materials, systems, scantlings, cargo, provisions, stores, her certificates and
certificates of the crew onboard:
Provided that the proper officer shall not unreasonably hinder the operation
of the vessel or unreasonably detain or delay her from proceeding on any voyage. 35

(3) The owner, agent, master or every officer of the vessel shall afford to the
proper officer all reasonable facilities for a survey or audit and provide all such
information in respect of the vessel and her structure, equipment, fittings,
arrangements, materials, scantlings, systems, cargo, provisions, stores, her
certificates, and certificates of the crew, as the proper officer may reasonably 40
require.
Detention of 278. (1) If any vessel under this Part arrives in or proceeds from a port or
unseaworthy place in India in an unseaworthy condition or which is likely to pose a threat to
vessels.
the security on Indian coasts or offshore installations, the vessel may be detained
until the owner, master or tindal or skipper takes all reasonable measures to ensure 45
the seaworthiness of the vessel.
(2) Nothing contained in sub-section (1) shall affect the liability of the person
in charge of the vessel in respect of such unseaworthiness or threat to the security on
Indian coasts or offshore installations under any other provisions of this Act.
 93

279. (1) Notwithstanding anything contained in this Part, the Central Power to
exempt.
Government may, by order in writing and upon such conditions, if any, as it
may think fit to impose, exempt any vessel or tindal, skipper or member of
crew of such vessel or any class thereof, from any specified requirement
5 contained in or prescribed in pursuance of this Act or dispense with the
observance of any such requirement in the case of any vessel or tindal, skipper
or member of crew of such vessel or any class thereof, if it is satisfied that
the requirement is substantially complied with or that compliance with the
requirement is or ought to be dispensed with in the circumstances of the case.
10 (2) Where an exemption is granted under sub-section (1) subject to any
condition, a breach of any such condition shall, without prejudice to any other
remedy, be liable to penalty under this Act.
280. (1) The Central Government may make rules to carry out the Power to make
provisions of this Part. rules.

15 (2) In particular, and without prejudice to the generality of the foregoing

power, such rules may provide for all or any of the following matters,
namely:—
(a) the manner of deciding whether a vessel falls under Part XIII
under sub-section (2) of section 263;
20 (b) the scale of manning and fittings, material, appliances and
apparatus to be carried onboard by vessel under sub-section (1) of
section 264;
(c) policy of insurance for all persons employed as members of the
crew under sub-section (2) of section 264;
25 (d) the conditions and restrictions for serving on an Indian fishing
vessel under sub-section (2) and number of persons for manning fishing
vessels and their qualifications and other requirements, under
sub-section (3), of section 265;
(e) the different grades of fishers, requirements and manner of
30 grant of certificate under sub-section (1) of section 266;
(f) other certificates with requirements and the manner of its grant
under sub-section (3), and the form, fee and validity of such certificates
under sub-section (4), of section 266;
(g) the criteria for approving training institute, training courses and
35 method of conduct of such training for the grant of certificate of competency
or certificate of proficiency under sub-section (2) of section 267;
(h) the form and manner and fee payable for conduct of
examination under sub-section (3) of section 268;
(i) the form and manner of agreement with fisher under clause (a)
40 of section 271;
(j) the certificates required to ply or proceed to sea by a vessel
under sub-section (1) of section 273;
(k) the manner of grant of certificate and the period of such
certificate under sub-section (2) of section 273;
45 (l) the form for maintaining a statement of the crew of the vessel
and other particulars under sub-section (1) of section 275;
(m) any other matter which is required to be or may be prescribed.
 94

PART XIV
PENALTIES AND PROCEDURES
Offences and 281. (1) Any person who contravenes any provision of this Act or any rule
penalties.
or notification made or issued thereunder or fails to comply with any provision
thereof which it was his duty to comply with, shall be liable to penalty or be guilty 5
of an offence under this Act and if in respect of any such contravention or offence
no penalty or punishment is specially provided, he shall be liable to penalty which
may extend to fifty thousand rupees.
(2) The contraventions mentioned in column (2) of the table below, shall be
liable to the extent of penalty mentioned in column (4) of the said table, with 10
reference to such contraventions, respectively.
Table
Serial Contravention Section Penalties
No.

(1) (2) (3) (4) 15

1. If the Indian charterer fails to 16 Penalty which may extend to two
comply with the conditions lakh rupees.
prescribed under section 16.
2. If the owner of an Indian vessel 20(1) Penalty which may extend to fifty
fails to register a vessel under thousand rupees. 20
sub-section (1) of section 20.
3. If a person fails to deliver the 22(2) Penalty which may extend to fifty
certificate of registration to the thousand rupees.
Registrar or person entitled as
required under sub-section (2) of 25
section 22.
4. If any person transfers a registered 30(1) Penalty which may extend to one
mortgage in contravention of lakh rupees.
sub-section (1) of section 30.
5. If an owner fails to make an 33 Penalty which may extend to fifty 30
application for re-registration of a thousand rupees and in addition, a
vessel or for registering an penalty which may extend to two
alteration of a vessel under thousand rupees for every day during
section 33. which the contravention continues.
6. If any person fails to hoist the proper 37(2) Penalty which may extend to two 35
national colours except those lakh rupees.
declared under sub-section (2) of
section 37, onboard the Indian
vessel.
7. If any person conducts training 47(2) Penalty which may extend to 40
course in contravention of twenty lakh rupees.
sub-section (2) of section 47.
8. If any person obstructs authorised 47(3) Penalty which may extend to two
person to inspect any maritime lakh rupees.
45
training institute under
sub-section (3) of section 47.
9. If the master of any vessel fails to 49(1) Penalty which may extend to fifty
produce the certificates under thousand rupees and in addition, a
sub-section (1) of section 49. penalty which may extend to five
thousand rupees for every day during 50
which the contravention continues.
 95

10. If any person causes a vessel to 57(3) Penalty which may extend to two
proceed to sea in contravention of lakh rupees.
sub-section (3) of section 57.

11. If any person engages or employs a 59 Penalty which may extend to two
5 person below the age of sixteen lakh rupees for every seafarer
years in contravention of section 59. engaged in the contravention.

12. If any person engages or carries to 60 Penalty which may extend to fifty
sea any seafarer in contravention of thousand rupees for every seafarer
section 60. engaged in the contravention.

10 13. If any person engages or carries to 61(1) Penalty which may extend to two
sea a seafarer in contravention of lakh rupees, for every seafarer
sub-section (1) of section 61. engaged in the contravention.

14. If any person engages a seafarer in 62(1) Penalty which may extend to three
contravention of sub-section (1) of lakh rupees for every seafarer.
15 section 62.

15. If any person engages a seafarer in 62(2)(b) Penalty which may extend to two
contravention of clause (b) of lakh rupees, for every seafarer
sub-section (2) of section 62. engaged in the contravention.

16. If any person discriminates between 62(2)(d) Penalty which may extend to two
20 seafarers in contravention of clause (d) lakh rupees for every seafarer.
of sub-section (2) of section 62.

17. If any ship owner, master or his 62(3) Penalty which may extend to two
agent engages any person to serve lakh rupees.
as seafarer in contravention of
25 sub-section (3) of section 62.

18. If any recruitment and placement 62(6) (a), Penalty which may extend to
service agency contravene (b), (c) fifteen lakh rupees.
clause (a) or clause (b) or clause (c) and (d)
or clause (d) of sub-section (6) of
30 section 62.
19. If any recruitment and placement 62(6) (e) Penalty which may extend to five
service agency contravene and (f) lakh rupees.
clause (e) or clause (f) of
sub-section (6) of section 62.
35 20. If any master or ship owner or 63(1) Penalty which may extend to fifty
recruitment and placement service thousand rupees for every seafarer.
agency fails to enter into a seafarer
employment agreement in
contravention of sub-section (1) of
40 section 63.
21. If a master or ship owner of an 80(2) Penalty which may extend to one
Indian vessel fails to discharge a lakh rupees.
seafarer in contravention of
sub-section (2) of section 80.
45 22. If any master discharges a seafarer 80(5) Penalty which may extend to fifty
before the expiration of the period thousand rupees.
for which he was engaged or leaves
a seafarer behind in contravention
of sub-section (5) of section 80.
 96

23. If a master fails to make an entry 81 Penalty which may extend to

in the official logbook with three times the value of the
respect to a seafarer who is left property not accounted for or if
behind or lost overboard or is such value is not ascertained, to
deceased, or fails to take charge twenty thousand rupees. 5
of his property or fails to
discharge such property in
contravention of section 81.

24. If any master or ship owner, or 84 Penalty which may extend to five
his agent or seafarer fails to lakh rupees. 10
produce any logbooks, papers or
other documents in any
proceedings before a shipping
master or fails to attend such
proceedings in contravention of 15
section 84.

25. If any person commits a breach of 89(8) Penalty which may extend to two
any term of an award which is lakh rupees.
binding on him under sub-section (8)
of section 89. 20

26. If any seafarer or class of 89(14)(a) Penalty which may extend to fifty
seafarers or union of seafarers thousand rupees.
goes or remain on strike in
contravention of clause (a) of
sub-section (14) of section 89. 25

27. If any ship owner alters the 89(14)(b) Penalty which may extend to fifty
conditions of service or thousand rupees.
discharges or punishes a seafarer
in contravention of clause (b) of
sub-section (14) of section 89. 30

28. If any person obstructs the 93(1) Penalty which may extend to
shipping master or surveyor, fifty thousand rupees unless he
seafarer welfare officer or can prove that the obstruction
Indian ambassador or any other was caused without his
authorised officer from entering knowledge or connivance. 35
or inspecting a vessel under
sub-section (1) of section 93.
29. If the master or owner of a vessel 93(2), Penalty which may extend to
fails to be in possession of the (3) fifty thousand rupees unless he
certificates specified in proves that the non-compliance 40
sub-section (2) or sub-section (3) was not caused by his
of section 93. inattention, neglect or wilful
default.
30. If a master without reasonable 95 Penalty which may extend to fifty
cause fails to facilitate a seafarer to thousand rupees. 45
make a complaint under
section 95.
31. If a person goes onboard a vessel 96 Penalty which may extend to fifty
in contravention of section 96. thousand rupees.
32. If a seafarer deserts his vessel in 98(1)(a) He shall be liable to forfeit all or 50
contravention of clause (a) of any part of the property he leaves
sub-section (1) of section 98. onboard and of the wages he has
then earned and also if the
desertion takes place at any place
 97

outside India, to forfeit all or any

part of the wages which he may
earn in any other vessel in which he
may be employed until his next
5 return to India, and to satisfy any
excess of wages paid by the master
or owner of the vessel from which
he deserts to any substitute
engaged in his place at a higher rate
10 of wages than the rate stipulated to
be paid to him.

33. If a seafarer neglects or refuses, 98(1)(b) He shall, if the contravention does

without reasonable cause, to join not amount to desertion, be liable
the vessel or does not proceed to to forfeit out of his wages a sum not
15 sea in his vessel or is absent exceeding two days’ pay and in
without leave in contravention of addition for every twenty-four
clause (b) of sub-section (1) of hours of absence either a sum not
section 98. exceeding six days’ pay or any
expenses properly incurred in
20 hiring a substitute.
34. If any seafarer quits the vessel 99(1)(a) Forfeiture out of his wages of a
without leave under clause (a) of sum not exceeding one month’s
sub-section (1) of section 99. pay.

35. If any seafarer fails to attend his 99(1)(b) Penalty which may extend to one
25 vessel under clause (b) of lakh rupees but nothing herein shall
sub-section (1) of section 99. take away or limit any other
remedy which any person would
otherwise have for breach of
contract or refund of money
30 advanced or otherwise.

36. If any seafarer wilfully disobeys 99(1)(c) Forfeiture out of his wages of a
any lawful command under sum not exceeding two days’ pay.
clause (c) of sub-section (1) of
section 99.

35 37. If any master fails to report 102 Penalty which may extend to one
desertion and absence without lakh rupees.
leave in contravention of
section 102.

38. If any person persuades or attempts 108(a) Penalty which may extend to two
40 to persuade a seafarer to neglect or lakh rupees.
refuse to join or proceed to the
vessel or deserts his vessel, in
contravention of clause (a) of
section 108.
45 39. If any person harbours or secretes a 108(b) Penalty which may extend to two
seafarer who has wilfully neglected lakh rupees.
or refused to join or has deserted his
vessel, in contravention of clause (b)
of section 108.
50 40. If any person secretes himself and 109 Penalty which may extend to two
goes to sea in contravention of lakh rupees.
section 109.
 98

41. If a master fails to deliver 110(1) Penalty which may extend to fifty
documents relating to the thousand rupees.
navigation of the vessel to his
successor in contravention of
sub-section (1) of section 110. 5

42. If the owner or master of a vessel 116(1) Penalty which may extend to fifteen
fails to comply with provisions of lakh rupees and the vessel may also
the international conventions, be detained.
treaties or agreements in
10
contravention of sub-section (1) of
section 116.
43. If the master of a vessel fails to 117(1) Penalty which may extend to fifty
report the particulars of an incident thousand rupees.
in contravention of sub-section (1)
15
of section 117.
44. If the master of a vessel fails to 117(2) Penalty which may extend to two
report the particulars of an incident lakh rupees.
relating to the loss or likely loss
overboard of dangerous goods in
20
contravention of sub-section (2) of
section 117.
45. If any master or owner of an Indian 120 Penalty which may extend to fifteen
vessel fails to comply with its lakh rupees and the vessel may also
communication requirements in be detained.
contravention of section 120. 25

46. If any master or owner of a vessel 121 Penalty which may extend to one
does not carry onboard the lakh rupees.
information required by
section 121.
47. If the master or owner of the vessel 122(1) Penalty which may extend to four 30
causes a vessel to be loaded in lakh rupees and to such additional
contravention of sub-section (1) of penalty not exceeding twenty-five
section 122. thousand rupees for every inch or
fraction of an inch by which the
appropriate load lines on each side 35
of the vessel are submerged or
would have been submerged if the
vessel had been in salt waters and
had no list, as the principal officer
thinks fit to impose, having regard 40
to the extent to which the earning
capacity of the vessel is or would
have been increased by reason of
the submersion.
48. If the owner, agent or master of a 123(1) Penalty which may extend to two 45
vessel carries passengers without lakh rupees.
certificates required under Part VI in
contravention of sub-section (1) of
section 123.
49. If the owner, agent or master of 123(3) Penalty which may extend to 50
a vessel carrying passengers two lakh rupees.
fails to make a statement about
the passengers onboard such
vessel in contravention of
55
sub-section (3) of section 123.
 99

50. If the master or owner of a vessel 124 Penalty which may extend to
causes a vessel to proceed to sea fifteen lakh rupees and the vessel
without valid certificates in may also be detained.
contravention of section 124.
5 51. If a person commits misconduct 125(1) Penalty which may extend to
specified in any of the clauses fifty thousand rupees.
under sub-section (1) of
section 125.
52. If any person carries or attempts 126(1) Penalty which may extend to
10 to carry cargo without the five lakh rupees.
required certificates in
contravention of sub-section (1)
of section 126.
53. If any person carries or attempts 126(2) Penalty which may extend to
15 to carry passengers without the five lakh rupees.
required certificates in
contravention of sub-section (2)
of section 126.
54. If any person or master sends or 127(1), (2) Penalty which may extend to
20 takes or attempts to send or take two lakh rupees and ten lakh
to sea unseaworthy vessel in rupees for every repeat
contravention of sub-section (1) contravention and the vessel
or sub-section (2) of section 127. may also be detained.
55. If the ship owner or master of a 128(1) Penalty which may extend to
25 vessel or seafarer fails to take all two lakh rupees and five lakh
reasonable means to ensure the rupees for every repeat
seaworthiness of a vessel in contravention.
contravention of sub-section (1)
of section 128.
30 56. If any vessel, company or port 129(1) Penalty which may extend to
facility fails to comply with the twenty-five lakh rupees.
requirements for safety and
security management in
contravention of sub-section (1)
35 of section 129.
57. If any owner or master of an 133
Indian vessel causes polluting
substance to be discharged
anywhere into the sea or owner
40 or master of a foreign vessel
causes polluting substance to be
discharged within the coastal
waters in contravention of
section 133, then—
45 (a) where such 133 Penalty which may extend to ten
discharge is of harmful lakh rupees and such security as
substances carried by sea in may be considered necessary for
packaged form; securing any damages that may
arise in future;
50 (b) where such 133 penalty which may extend to five
discharge is of sewage; lakh rupees and such security as
may be considered necessary for
securing any damages that may
arise in future;
55 (c) where the 133 penalty which may extend to five
discharge is of ballast water lakh rupees and such security as
and sediments; may be considered necessary for
 100

securing any damages that may

arise in future;
(d) where the 133 penalty which may extend to two
discharge is of any other lakh rupees and such security as
polluting substances. may be considered necessary for 5
securing any damages that may
arise in future.

58. If the ship owner, master or any 133(6) Penalty which may extend to two
other person permits any vessel or lakh rupees and such security as
port or platform or man-made may be considered necessary for 10
structures at sea to engage in securing any damages that may
dumping in contravention of arise in future.
sub-section (6) of section 133.

59. If any vessel proceeds to sea 135 Penalty which may extend to
without valid certificates in fifteen lakh rupees and the vessel 15
contravention of section 135. may also be detained.

60. If the master of a vessel fails to 136 Penalty which may extend to fifty
maintain books of records in thousand rupees.
contravention of section 136.

61. If any master or owner of a vessel 137(3) Penalty which may extend to one 20
which is detained under lakh rupees.
sub-section (3) of section 137
causes such vessel to proceed to
sea before its release in
contravention of section 137. 25
62. If the master of a vessel fails to 138(1) Penalty which may extend to one
report the particulars of an incident lakh and fifty thousand rupees.
in contravention of sub-section (1)
of section 138.
63. If any port authority or officer fails 142(2) Penalty which may extend to ten 30
to comply with the directions lakh rupees.
issued by the Central Government
under sub-section (2) of
section 142.
64. If a master or person in-charge of a 158(1) Penalty which may extend to five 35
vessel fails to render assistance in lakh rupees.
case of collision in contravention of
sub-section (1) of section 158.
65. If a master fails to enter a statement 159 Penalty which may extend to fifty
in relation to a collision in the thousand rupees. 40
official logbook in contravention
of section 159.
66. If the master or ship owner or his 160 Penalty which may extend to one
agent fails to transmit a report of lakh rupees.
45
the accident or damage to the
Director-General or the nearest
principal officer in contravention
of section 160.
67. If the owner or agent of any Indian 161 Penalty which may extend to one
vessel fails, without reasonable lakh rupees. 50
cause, to give notice of loss of
Indian vessel to the
Director-General in contravention
of section 161.
 101

68. If any person fails to maintain 172 Penalty which may extend to
compulsory insurance or other fifteen lakh rupees and the vessel
financial security for maritime may also be detained.
claims in contravention of
5 section 172.
69. If any master or ship owner does 190(1), (2) Penalty which may extend to one
not carry the certificate required lakh rupees.
under sub-section (1) or
sub-section (2) of section 190.
10 70. If any master or ship owner does 207(1), (2) Penalty which may extend to
not carry the certificate required fifteen lakh rupees.
under sub-section (1) or
sub-section (2) of section 207.
71. If any person refuses or wilfully 217(4) Penalty which may extend to one
15 neglects to comply with a notice or lakh rupees.
makes any false statement in
contravention of sub-section (4) of
section 217.
72. If the primary response party fails 226 Penalty which may extend to five
20 to engage in maritime emergency lakh rupees and the vessel may also
response under section 226. be detained.
73. If the owner or master of a vessel 251 Penalty which may extend to fifty
fails to conclude contracts with thousand rupees.
salvors under section 251.
25 74. If a salvor fails to perform his 252(1) Penalty which may extend to fifty
duties under sub-section (1) of thousand rupees.
section 252.
75. If the owner or master of a vessel or 252(2) Penalty which may extend to fifty
the owner of other property fails to thousand rupees.
30 perform his duties under
sub-section (2) of section 252.
76. If the owner of a vessel fails to 264 Penalty which may extend to one
comply with the requirements for lakh rupees and the vessel may also
safety, security and prevention of be detained.
35 pollution and insurance in
contravention of section 264.
77. If any person fails to comply with 265(2) Penalty which may extend to one
the manning requirements under lakh rupees and the vessel may also
sub-section (2) of section 265. be detained.
40 78. If the ship owner, master, tindal or 270 Penalty which may extend to fifty
skipper of a vessel fails to produce thousand rupees.
certificates of competency or
proficiency or any other certificate
in contravention of section 270.
45 79. If the owner or his agent or skipper 271(a) Penalty which may extend to fifty
of an Indian fishing vessel fails to thousand rupees.
enter into an agreement in
contravention of clause (a) of
section 271.
50 80. If the ship owner or master permits 273(1) Penalty which may extend to one
a vessel to ply or proceed to sea lakh rupees.
without certificates in
contravention of sub-section (1) of
section 273.
 102

81. If the ship owner or master or tindal 275 Penalty which may extend to one
or skipper of a vessel fails to lakh rupees.
maintain or cause to be maintained
a statement of crew in
contravention of section 275. 5
82. If the ship owner or master or tindal 276 Penalty which may extend to fifty
or skipper of a vessel fails to thousand rupees.
provide notice of jettisoning of
cargo in contravention of
section 276. 10

83. If the ship owner or agent or master 277(3) Penalty which may extend to one
or officer of a vessel fails to provide lakh rupees.
all reasonable facilities to the
proper officer for a survey or audit
15
in contravention of sub-section (3)
of section 277.
84. If any person hinders or obstructs 296(2) Penalty which may extend to fifty
any officer or person in thousand rupees.
contravention of sub-section (2) of
section 296. 20

85. If any ship owner or master or 300(2) Penalty which may extend to fifty
tindal or skipper or seafarer or port thousand rupees.
or any person or authority breaches
any condition subject to which any
exemption is granted under 25
sub-section (2) of section 300.

86. If any ship owner or his agent or 301 Penalty which may extend to five
master or seafarer or tindal or lakh rupees.
maritime training institute or
recruitment placement service 30
provider or port or any person or
body of persons fails to comply
with the directions given under
section 301.
87. If any owner or master of a vessel 304(1) Penalty which may extend to five 35
allows a vessel to fly with the flag lakh rupees and the vessel may also
of a State in contravention of be detained.
sub-section (1) of section 304.
88. If any person acts in contravention 307(4) Penalty which may extend to ten
of control measures invoked by the lakh rupees. 40
principal officer under
sub-section (4) of section 307.

89. If any port fails to discharge the 310(1) Penalty which may extend to five
obligations under the conventions lakh rupees.
in contravention of sub-section (1) 45
of section 310.

90. If any port authority or State 311(1) Penalty which may extend to one
Maritime Board or any other lakh rupees.
authority or agency fails to render
services or assistance or take 50
measures in respect of any
abandoned vessel under
sub-section (1) of section 311.
 103

91. If the registered owner of an 314 Penalty which may extend to

Indian vessel fails to maintain seventy lakh rupees.
compulsory adequate insurance
coverage or such other financial
5 security in contravention of
section 314.
92. If any vessel is detained under General Penalty which may extend to
the provisions of this Act for fifteen lakh rupees.
which no penalty is provided.
10 93. If any person in the case of any
declaration made in the
presence of, or produced to,
Registrar under Part III or in
any document or other evidence
15 produced to such Registrar—
(i) wilfully makes or General Penalty which may extend to
assists in making or two lakh rupees.
procures to be made, any
false statement concerning
20 the title to or ownership
of or the interest existing in
any vessel or any share in a
vessel; or
(ii) utters, produces
25 or makes use of any
declaration or document
containing any such false
statement knowing the
same to be false.
30 94. If any person,—
(a) forges or fraudulently General Penalty which may extend to
alters any certificate of two lakh rupees.
discharge or a certificate as to
the work of a seafarer or a
35 continuous discharge certificate
or a copy of any such
certificate; or
(b) fraudulently uses any
certificate of discharge or a
40 certificate as to the work of a
seafarer or a continuous
discharge certificate or a copy
of any such certificate which is
forged or altered or does not
45 belong to him.
95. If any person wilfully destroys General Penalty which may extend to
or mutilates or renders illegible two lakh rupees.
any entry in an official logbook
or wilfully makes or procures
50 to be made or assists in making
a false or fraudulent entry in or
omission from an official
logbook.
 104

96. If the master or owner or General Penalty which may extend to

agent of a special trade one lakh rupees for the first
passenger vessel, after having contravention and five lakh
obtained any of the rupees for every subsequent
certificates referred to in contravention. 5
Part VI, fraudulently does or
suffers to be done anything
whereby the certificate
becomes inapplicable to the
altered state of the vessel, or 10
special trade passengers or
other matters to which the
certificate relates.

(3) The offences mentioned in column (2) of the table below, shall be
punishable to the extent mentioned in column (4) of the said table, with 15
reference to such offences, respectively.
Table
Serial Offences Section Imprisonment or fine or
No. to which both
offence 20
is
referred
(1) (2) (3) (4)
1. If any person causes a vessel to 15 Imprisonment which may
proceed to sea without a valid extend to six months, or fine 25
certificate of registration in which may extend to two lakh
contravention of section 15. rupees, or both.
2. If any person uses Indian national 37(4) Imprisonment which may
colour in contravention of extend to two years, or fine
sub-section (4) of section 37. which may extend to two lakh 30
rupees, or both.
3. If an owner or a master of an 38 Imprisonment which may
Indian vessel knowingly extend to two years, or fine
conceals the Indian character of which may extend to two lakh
the vessel in contravention of rupees, or both. 35
section 38.
4. If any person goes to sea without General Imprisonment which may
holding a certificate granted extend to six months, or fine
under the Act. which may extend to two lakh
rupees, or both. 40

5. If any person causes a vessel or General Imprisonment which may

sailing or fishing vessel to extend to six months, or fine
proceed to sea without the which may extend to two lakh
required certificated personnel. rupees, or both.
6. If any person carries on the 62(2)(a) Imprisonment which may 45
business of recruitment and extend to one year, or fine
placement service agency in which may extend to five lakh
contravention of clause (a) of rupees, or both.
sub-section (2) of section 62.
7. If any person demands or 62(2)(c) Imprisonment which may 50
receives any remuneration from extend to three months, or
any seafarer or person in fine which may extend to
contravention of clause (c) of five lakh rupees, or both.
sub-section (2) of section 62.
 105

8. If any seafarer does or refuses 97 Imprisonment which may

or omits to do anything in extend to two years, or fine
contravention of section 97. which may extend to five
lakh rupees or both.
5 9. If any seafarer is guilty of an 99(1)(d) Imprisonment which may
offence specified in clause (d) extend to one month and also
of sub-section (1) of section 99. for every twenty-four hours
of continuance of such
disobedience or neglect,
10 forfeiture out of his wages of
a sum not exceeding six days’
pay or any expenses which
may have been properly
incurred in hiring a substitute.
15 10. If any seafarer is guilty of an 99(1)(e) Imprisonment which may
offence specified in clause (e) extend to three months, or
of sub-section (1) of section 99. fine which may extend to fifty
thousand rupees or both.
11. If any seafarer is guilty of an 99(1)(f) Forfeiture out of his wages
20 offence specified in clause (f) of of a sum equal to the loss
sub-section (1) of section 99. sustained and also
imprisonment which may
extend to three months.
12. If a seafarer on or before being General Fine which may extend to
25 engaged wilfully and fifty thousand rupees.
fraudulently makes a false
statement of the name of his last
vessel or alleged last vessel or
wilfully and fraudulently makes
30 a false statement of his own
name.
13. If any owner or master of an 133
Indian vessel causes polluting
substance to be discharged
35 anywhere into the sea or owner
or master of a foreign vessel
causes polluting substance to be
discharged within the coastal
waters in contravention of
40 section 133, then—
(a) where the 133 Fine which may extend to
discharge is of oil and twenty-five lakh rupees, or
oily mixtures from imprisonment for a term
vessels; which may extend to one year,
45 or both, and such security as
may be considered necessary
for securing any damages that
may arise in future;
(b) where the 133 Fine which may extend to ten
50 discharge is of noxious lakh rupees, or imprisonment
liquid substances. for a term which may extend
to six months, or both, and
such security as may be
considered necessary for
55 securing any damages that
may arise in future.
 106

14. If the owner, agent, master, 138(2) Imprisonment which may

charterer, operator, lessee or extend to six months, or fine
licensee of the vessel fails to which may extend to five lakh
comply with any notice issued rupees, or both, and if the
under sub-section (2) of section 138. offence is a continuing one, 5
the offender shall be liable to a
further fine which may extend
to fifty thousand rupees per
day for every day during
which the offence continues 10
after conviction.
15. If the owner of any Indian 139(1) Imprisonment which may
vessel or any equipment fails to extend to six months or fine
comply with the directions of which may extend to five lakh
the Central Government issued rupees, or both, and if the 15
under sub-section (1) of section 139. offence is a continuing one,
the offender shall be liable to a
further fine which may extend
to fifty thousand rupees per
day for every day during 20
which the offence continues
after conviction.
16. If the owner, manager, operator, 231(2) Fine which may extend to
company, pilot, harbour master, fifty thousand rupees and in
master, or other person in charge default of payment, simple 25
fails to give notice of a marine imprisonment which may
casualty to the officer in extend to three months.
contravention of sub-section (2) of
section 231.
17. If the master or owner or the 236(1), (2) Fine which may extend to 30
operator of an Indian vessel or fifty thousand rupees and
any ship other than an Indian in default of payment,
vessel fails to report a wreck in imprisonment which may
contravention of sub-section (1) extend to three months.
or sub-section (2) of section 236. 35
18. If the owner or operator of a 238(1) Fine which may extend to
ship fails to immediately mark two lakh rupees and in
or maintain the mark of the default of payment,
wreck in contravention of imprisonment which may
sub-section (1) of section 238. extend to six months. 40

19. If the master permits a vessel 290(2) Imprisonment which may

to proceed to sea before such extend to six months, or
vessel is released from fine which may extend to
detention by any competent two lakh rupees, or both.
authority in contravention of 45
sub-section (2) of section 290.
20. If the owner, master or agent 290(3) Imprisonment which may
of the vessel takes to sea any extend to one year, or fine
person authorised under this which may extend to two
Act to detain or survey the lakh rupees, or both. 50
vessel in contravention of
sub-section (3) of section 290.
21. If the master or owner or agent 298(1) Imprisonment which may
permits a nuclear vessel to extend to six months, or
proceed to any port or place in fine which may extend to 55
contravention of sub-section (1) of ten lakh rupees, or both.
section 298.
 107

22. If the master or owner or agent 298(2) Imprisonment which may

fails to comply with the order extend to six months, or
issued under sub-section (2) of fine which may extend to
section 298. ten lakh rupees, or both.
5 23. If any owner of a ship fails to 302(1) Imprisonment which may
comply with directions of the extend to six months, or
Director-General under fine which may extend to
sub-section (1) of section 302. two lakh rupees, or both.

282. (1) The authority for imposing the penalty under sub-section (2) of Authority for
imposition of
10 section 281 shall be the principal officer. penalty and
procedure
(2) Any person aggrieved by the order of the principal officer imposing therefor.
the penalty under sub-section (1) may within a period of thirty days from the
date of receipt of such order, prefer an appeal before the Director-General in
such form and manner as may be prescribed.
15 (3) The Director-General shall dispose of such appeal within a period of
thirty days from the date of receipt of the appeal.
(4) No such order shall be passed under this section unless the parties
have been given a reasonable opportunity of being heard.
(5) Any contravention of the provisions of this Act for which penalty has
20 been provided may be compounded for the first contravention by an officer
designated by the Central Government by notification in this behalf.
(6) Notwithstanding anything contained in this Act, if any penalty imposed
by the principal officer or the Director-General under this Part is not deposited,
the amount shall be recovered as an arrear of land revenue.
25 283. (1) Any person committing any offence under this Act or any rules Place of trial
and jurisdiction
made thereunder may be tried for such offence in any place in which he may be of court.
found or in any court which the Central Government may by notification, direct
in this behalf, or in any court in which he might be tried under any other law for
the time being in force.
30 (2) No court inferior to that of the Judicial Magistrate of the first class shall
try any offence under sub-section (3) of section 281.
284. Notwithstanding anything contained in section 23 of the Bharatiya Special
provision
46 of 2023. Nagarik Suraksha Sanhita, 2023, it shall be lawful for a Judicial Magistrate of the regarding
first class to pass any sentence authorised by or under this Act on any person punishment.
35 convicted of an offence under this Act or any rules made thereunder.
285. The Central Government or the State Government may, by notification, Appointment of
Special Public
appoint a person who is in practice as an advocate for not less than seven years as Prosecutors.
a Special Public Prosecutor for the purposes of any case or class of cases under
this Act.
40 286. The penalties to which a master or owner of a special trade passenger Penalties in
vessel is liable under section 281 shall be enforced only on a report made by the respect of
masters or
proper officer in this behalf. owners of
special trade
Explanation.—For the purposes of this section, “special trade passenger passenger
vessel” means a mechanically propelled vessel carrying more than thirty special vessels.
45 trade passengers.
287. (1) If the person committing an offence under this Act is a company, Offences by
companies.
every person who, at the time the offence was committed, was in charge of, and
was responsible to, the company for the conduct of its business, as well as the
company, shall be deemed to be guilty of the offence and shall be liable to be
50 proceeded against and punished accordingly:
 108

Provided that nothing in this sub-section shall render any such person liable
to any punishment provided in this Act, if he proves that the offence was
committed without his knowledge or that he exercised all due diligence to prevent
the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence 5
under this Act has been committed by a company, and it is proved that the offence
was committed with the consent or connivance of, or is attributable to any neglect
on the part of, any director, manager, secretary, or any other officer of the
company, such director, manager, secretary, or other officer shall also be deemed
to be guilty of that offence and shall be liable to be proceeded against and 10
punished accordingly.
Explanation.—For the purposes of this section,—
(a) “company” includes a co-operative society, a firm or other
association of individuals; and
(b) “director”, in relation to a firm, means a partner in the firm. 15

Depositions to 288. (1) Where, the testimony of any witness is required in relation to any
be received in
evidence when
legal proceeding before any court or officer or authority under this Act, and the
witness cannot defendant or the person accused does not produce the witness, then any deposition
be produced. previously made by the witness in relation to the same subject-matter before any
court in India or, if elsewhere, before any Indian ambassador, shall be admissible 20
in evidence—
(a) if the deposition is authenticated by the signature of the presiding
officer of such court or ambassador, before whom it is made;
(b) if the defendant or the person accused had an opportunity by
himself or his agent of cross-examining the witness; 25

(c) if the proceeding is criminal, on proof that the deposition was made
in the presence of the person accused.
(2) It shall not be necessary in any case to prove the signature or official
character of the person appearing to have signed such deposition, and a certificate
by such person that the defendant or person accused had an opportunity of 30
cross-examining the witness, and that the deposition, if made in a criminal
proceeding, was made in the presence of the person accused, shall, unless the
contrary is proved, be sufficient evidence that he had that opportunity and that it
was so made.
Power to detain 289. (1) Whenever any damage has in any part of the world been caused to 35
foreign vessel property belonging to the Government or to any citizen of India or a company by
that has
occasioned a vessel other than an Indian vessel and that vessel is found within Indian
damage. jurisdiction, such vessel shall be detained by an order of the High Court upon an
application alleging that the damage was caused by the misconduct or want of
skill of the master or any other seafarer of that vessel. 40

(2) The order of detention under sub-section (1) shall remain in force until
such time as the ship owner, master or consignee thereof has satisfied any claim
in respect of the damage or has given security to the satisfaction of the High Court
to pay all costs and damages that may be awarded.
(3) Whenever it appears that before an application can be made under this 45
section, the vessel will have departed from India or the territorial waters of India,
any proper officer may detain the vessel for such time as to allow the application
to be made and that officer shall not be liable for any cost or damages in respect
of the detention unless the same is proved to have been made without reasonable
grounds. 50
 109

(4) In any legal proceedings in relation to any damage referred to in

sub-section (1), the person giving security shall be made a defendant and shall
for the purposes of such proceeding be deemed to be the owner of the vessel
that has occasioned the damage.
5 290. (1) Where under this Act a vessel is authorised or ordered to be Power to
detained, any commissioned officer of the Indian Navy or Indian Coast Guard or enforce
detention of
any port officer, police, pilot, harbour master, conservator of port or customs vessel.
commissioner may detain the vessel under instructions of the proper officer.
(2) If any vessel after detention or after service on the master for any
10 notice of, or order for, such detention proceeds to sea before she is released
by any competent authority, the master of the vessel shall be guilty of an
offence under this Act.
(3) When a vessel so proceeding to sea takes to sea any person authorised
under this Act to detain or survey the vessel, the owner, master or agent of
15 such vessel shall each be liable to pay all expenses of, and incidental to, such
person being so taken to sea and shall also be guilty of an offence under this
Act.
(4) When any owner or master or agent is convicted of an offence under
sub-section (3), the court making the order of conviction may inquire and
20 determine the amount payable on account of expenses by such owner, master
or agent and may direct that the same shall be recovered from him in the
manner provided for the recovery of fines.
291. (1) When an order under this Act for the payment of any wages or Levy of wages,
etc., by distress
other sums of money is made by any court or other officer or authority and the of movable
25 money is not paid at the time or in the manner directed, the sum mentioned in property or
the order with such further sum as may be thereby awarded for costs, may be vessel.
levied by distress and sale of the movable property of the person directed to
pay the same under a warrant to be issued for that purpose by such court.
(2) Where any court or other officer or authority has power under this
30 Act to make an order directing payment to be made of any seafarer’s wages,
fines or other sums of money, then, if the person so directed to pay the same
is the master, owner or agent of a vessel and the same is not paid at the time
or in the manner directed by such court or other officer or authority, the court
or officer or authority may, in addition to any other power which it may have
35 for the purpose of compelling payment by warrant, direct the amount
remaining unpaid to be levied by distress and sale of the vessel and her
equipment.
292. Where, for the purposes of this Act, any document is to be served Service of
documents.
on any person, that document may be served—
40 (a) in any case by delivering a copy thereof personally to the person
to be served, or by leaving the same at his last place of residence, or by
post; and
(b) if the document is to be served on the master of a vessel, where
there is one, by leaving the same for him onboard that vessel, with the
45 person being or appearing to be in command or charge of the vessel;
and
(c) if the document is to be served on the master of a vessel where
there is no master and the vessel is in India, on the owner of the vessel,
or, if such owner is not in India, on some agent of the owner residing in
50 India, or, where no such agent is known or can be found, by affixing a
copy thereof on the vessel or at a suitable place on the bridge.
 110

PART XV
MISCELLANEOUS
Birth and death 293. The master of any vessel performing a voyage shall, on arrival at the
of persons next port or place of call, intimate the proper officer, the date of any birth or death
onboard vessel
during a voyage.
of any person occurring during the voyage and the cause of death or any other 5
relevant details, as the Central Government may by order, specify in this behalf.
Inquiry into 294. (1) If any person dies onboard or is missing from an Indian vessel, the
cause of death master shall forthwith inform the Director-General and the proper officer of the
onboard or
person missing port or the next port of call.
from Indian
vessel.
(2) On receipt of information under sub-section (1), the proper officer shall 10
enquire into the cause of death and make an endorsement to that effect in the
official logbook, either that the statement of the cause of death in the book is in
his opinion true or the contrary according to the result of inquiry.
(3) If, in the course of any such inquiry, it appears to the proper officer that
death is caused onboard the vessel by violence or other improper means, he shall 15
either report the matter to the Director-General or, if the emergency of the case so
requires, shall take immediate steps for bringing the offender to trial.
Certain persons 295. The following persons shall be deemed to be public servants within the
deemed to be meaning of clause (28) of section 2 of the Bharatiya Nyaya Sanhita, 2023, 45 of 2023.
public servants. 20
namely:—
(a) every surveyor;
(b) every person appointed under this Act to report information as to
marine casualties under Part XI;
(c) every person authorised under this Act to make any investigation
or inquiry and all persons whom he calls to his aid; 25

(d) every person directed to make an investigation into an explosion

or fire on a vessel;
(e) every other officer or person appointed under this Act to perform
any functions thereunder.
Power of 296. (1) Every person who is empowered by this Act to make an 30
persons investigation or inquiry or to board, survey, inspect or detain a vessel,—
authorised to
investigate, (a) may go onboard any vessel and inspect the same or any part
inquire, etc. thereof, or any of the machinery, equipment or articles onboard thereof, or
any certificate of the master or other officer to which the provisions of this
Act or any of the rules made thereunder apply, not unnecessarily detaining 35
or delaying the vessel from proceeding on any voyage, and if in
consequence of any incident to the vessel or for any other reason it is
considered necessary so to do, may require the vessel to be taken into dock
for the purpose of inspection or survey;
(b) may enter and inspect any premises, the entry and inspection of 40
which appears to be requisite for the purpose of this section;
(c) may, by summons under his hand, require the attendance of all
such persons as he thinks fit to call before him and examine them for the
purpose of this section, and may require answers or returns to any enquiries
he thinks fit to make; 45

(d) may require and enforce the production of all relevant books,
papers, or documents;
(e) may administer oaths or may in lieu of requiring or administering
an oath, require every person examined by him to make and subscribe a
declaration of the truth of the statements made by him in his examination; 50
and
(f) may muster the crew of any such vessel.
 111

(2) No person shall hinder or obstruct any officer or person referred to in

sub-section (1) from going onboard any vessel or otherwise impede him in the
execution of his duties or the exercise of his powers under this Act.
297. Where this Act requires that the provisions or arrangements for a vessel shall Power to permit
alternative
5 meet the obligations under the convention, or otherwise, the Central Government may, provisions and
after satisfying itself by trials or based on the convention or its protocol or its arrangement.
amendments or otherwise, that any such provision or arrangement is as effective as that
so required, by order, direct or permit such other provisions or arrangements to be used
or provided.
10 298. (1) No nuclear vessel shall proceed to any port or place in India including Control of
territorial waters thereof without permission of the Central Government. nuclear vessels
and security
Explanation.—For the purposes of this sub-section, “nuclear vessel” means a measures.

vessel with a nuclear power plant.

(2) The Central Government may, by general or special order, issue such
15 directions, as it deems fit, to the registered owners of the vessels, for taking such security
measures as may be necessary.
299. The Central Government may, by notification, direct that the Exemption of
Government
provisions of this Act or any of them shall not apply to vessels belonging to the vessels, foreign
Government of any State or to any class of such vessels. and Indian.
20 300. (1) Notwithstanding anything contained in this Act, the Central Power to
exempt.
Government may, by order in writing and upon such conditions, if any, as it may
think fit to impose, exempt any vessel or tindal or skipper or seafarer or port or
any class of vessels, from any specified requirement contained in or prescribed in
pursuance of this Act or dispense with the observance of any such requirement in
25 the case of any such vessel or tindal or skipper or seafarer or port or any class of
vessels, if it is satisfied that the requirement is substantially complied with or that
compliance with the requirement is or ought to be dispensed with in the
circumstances of the case:
Provided that no exemption which is prohibited by the safety convention or
30 pollution prevention convention shall be granted under this sub-section.
(2) Where an exemption is granted under sub-section (1) subject to any
conditions, a breach of any of those conditions shall, without prejudice to any
other remedy, be deemed to be an offence under this section.
301. The Director-General may, if he is satisfied in the public interest or in Power of
Director-General
35 the interest of Indian shipping that it is necessary so to do, give by notice, circular, to give
order or guidelines in writing, such directions as he thinks fit to any vessel or directions.
seafarer or tindal or ship owner or his agent or maritime training institute or
recruitment placement service provider or port or person or body of persons.
302. (1) The Director-General may by order in writing and upon such Special
provisions with
40 conditions, if any, as he may think fit to impose, direct the ship owner who fails respect to
to comply with the provisions of this Act, or rules made thereunder or is not taking defaulting ship
action for the safety and prevention of any harm to life, property or the owners.
environment which may be caused by a vessel owned by such ship owner but not
abandoned by him, to take such measures as may be directed:
45 Provided that if the ship owner fails to comply with such directions, the
Director-General may take necessary action including confiscation or forfeiture
of the vessel or cargo, if any, or both, and dispose of the same as may be deemed
appropriate.
(2) The cost incurred by the Director-General in averting the harm
50 mentioned under sub-section (1) due to failure of timely action by the ship owner
shall be recovered from such ship owner as Government dues.
 112

(3) The Director-General shall be competent to adjust the cost referred to in

sub-section (2), with the funds generated by disposal of the vessel or the cargo, or
both.
Right to pursue 303. The Central Government, if it has a reason to believe that any foreign
foreign vessels vessel has violated any law within the coastal waters, may authorise any vessel 5
in high seas.
under its control to pursue into the high seas such foreign vessel for investigations
and thereafter seize the vessel if considered necessary, for further proceedings:
Provided that as far as practicable, such foreign vessel shall be given a signal
to stop before pursuing the vessel into the high seas.
Power of 304. (1) Where it is established that a vessel within India or her coastal 10
Central waters is not legally entitled to fly the flag of a State or has lost such right, the
Government
with Central Government may take charge of such vessel and detain the same as a
respect to vessel vessel without nationality including its cargo, as may be deemed appropriate, in
without such manner as may be prescribed.
nationality.
(2) A vessel which sails under the flags of two or more States, using them 15
according to convenience, may be deemed to be a vessel without nationality.
Protection of 305. No suit or other legal proceeding shall lie against any person for
action taken in anything which is in good faith done or intended to be done under this Act.
good faith.
Agreement with 306. The Central Government may enter into agreement with other States
other States. or organisations for effective implementation of the provisions of this Act. 20

Control 307. (1) No vessel shall enter into or sail out of or operate within the port,
measures and terminal, anchorages, port facilities, Indian offshore facilities or the territorial
detention of
vessels. waters of India, without complying with such requirements as to construction,
equipment, safety and security, cargo operations, pollution prevention, safe
manning, maritime labour standards, insurance, classification or such other 25
relevant requirements for the purposes of this Act as may be prescribed.
(2) The principal officer may order any unsafe vessel or vessel which
appears to him to be an unsafe vessel, to be provisionally detained for the purpose
of being surveyed.
(3) The surveyor may inspect the vessel referred to in sub-section (2) and if 30
it is found on such inspection that the vessel is an unsafe vessel or has failed to
comply with the provisions of this Act, report it to the principal officer.
(4) On receipt of report under sub-section (3), the principal officer may by
order, invoke such control measures as may be necessary, till such time the vessel
complies with the provisions of this Act or may allow such vessel to proceed to 35
sea on such conditions as deemed fit, if it does not pose a risk to safety of life
onboard or at sea, or an unreasonable threat of harm to the environment.
(5) Control measures under sub-section (4) may include—
(a) denial of entry into port;
(b) expanded inspection; 40

(c) delaying the vessel;

(d) stoppage of operations or restriction of operations including
movement within the port;
(e) requirement of any rectification of deficiencies within the specified
period; 45

(f) detention of vessel;

(g) expulsion of the vessel from port or place; or
(h) such other measures as may be prescribed.
 113

(6) The master or owner of the vessel may, within seven days from the
receipt of the order issued under sub-section (4), prefer an appeal before the
Director-General who may retain or modify the control measures or order release
of the vessel subject to such conditions as he may deem fit.
5 Explanation.—For the purposes of this section, “unsafe vessel” means a
vessel, including an unseaworthy vessel, which—
(a) poses a risk to safety of life; or
(b) poses an unreasonable threat of harm to environment by reason of
its safe manning, hull, machinery, equipment, training and working
10 conditions of seafarers or operational safety being substantially below the
required standards; or
(c) fails to comply with such other requirements as may be prescribed.
308. (1) When a vessel is detained under this Act, the owner of a vessel shall Costs of
detention and
be liable to pay to the Central Government the costs incidental to the detention damages.
15 and survey of the vessel, as may be determined by the Director-General, and the
vessel shall not be released until such costs are paid and faults are rectified.
(2) The form and manner of determination of claims for costs of detention
under sub-section (1) and compensation or damages for detention of a vessel shall
be such as may be prescribed.
20 309. (1) On receipt of information from the Government of any State which Procedure for
detention of
is a party to any convention under this Act, that any vessel other than an Indian vessel other than
vessel within the territorial waters of India has contravened the provisions of such Indian vessel.
convention, the Central Government may detain the vessel for such period and
subject to such conditions as may be deemed necessary.
25 (2) When a vessel other than an Indian vessel is detained under this Act, a
copy of the order for the provisional detention of the vessel shall forthwith be
served on the ambassador of the State to which the vessel belongs at or nearest to
the port in which such vessel is detained.
310. (1) The Director-General shall,— Obligations of
ports under
30 (a) ensure that the obligations under the conventions are discharged conventions and
monitoring
by the ports; thereof by
Director-General.
(b) supervise, monitor and ensure that such obligations are effectively
discharged by the ports.
(2) The Director-General may call for such information and pass such
35 directions as he may deem fit, for the discharge of obligations by the ports.
311. (1) The Central Government may give such directions in writing, as it Power of
deems appropriate, to a port authority or State Maritime Board or any other Central
Government in
authority or agency to render services or assistance or take measures in respect of respect of
any abandoned vessel which is abandoned on or near the coast of India or within abandoned
40 the coastal waters. vessels.

(2) The directions given under sub-section (1) shall be aimed at ensuring
safety, security, preventing the abandoned vessel from posing a threat to life or
property or environment, including protection of India’s coastline or related
interests from pollution or threat of pollution arising out of the abandoned vessel.
45 (3) Any costs or expenses incurred by the Central Government or any
authority or agency, for taking any measures in respect of an abandoned vessel
under sub-section (1), shall constitute a debt due to the Central Government and
may be recovered from the proceeds received from the sale of the vessel or its
cargo.
 114

(4) The procedure for reimbursement of costs or expenses, including the

manner of determination of the rates for services rendered, to the authority or
agency complying with the directions of the Central Government under
sub-section (1), shall be such as may be prescribed.
(5) Notwithstanding anything contained in the Admiralty (Jurisdiction and 5
Settlement of Maritime Claims) Act, 2017, the debt due to the Central Government 22 of 2017.
under sub-section (3), shall be a charge on the vessel and shall have first priority
after the following maritime liens—
(a) claims for wages and other sums due to the master, officers and
other members of the vessel’s complement in respect of their employment 10
on the vessel, including costs of repatriation and social insurance
contributions payable on their behalf;
(b) claims in respect of loss of life or personal injury occurring,
whether on land or on water, in direct connection with the operation of the vessel.
Power to cancel, 312. The Central Government may, by order, cancel or suspend any 15
suspend, etc.,
certificate of
certificate granted under this Act to any seafarer for any specified period,—
seafarers.
(a) if an inquiry report or investigation report reveals that the seafarer
is incompetent or is guilty of misconduct; or
(b) in a case of collision, where the seafarer has failed to render
20
assistance; or
(c) if the seafarer has been convicted of any offence under this Act or
any non-bailable offence has been committed by such seafarer under any
other law for the time being in force in India or outside India; or
(d) if any casualty has been caused by wrongful act or default of the
25
seafarer; or
(e) if the seafarer to whom the certificate has been granted contravenes
any provisions of this Act:
Provided that no order under this section shall be passed unless the person
concerned has been given an opportunity of being heard.
Re-hearing. 313. Whenever an investigation or inquiry is made under this Act, the 30
Central Government may order the case to be re-heard either generally or as to
any part thereof, and shall so order, if—
(a) new and important evidence which could not be produced at the
time of investigation is discovered; or
(b) for any other reason, there is in its opinion, a miscarriage of justice. 35

Maintenance of 314. Without prejudice to the insurance or other financial security required
insurance or to be maintained under Chapters II, III and IV of Part IX, Part X and Chapter I
such other
financial of Part XII, every registered owner of an Indian vessel shall, for the purpose of
security. covering his liability under this Act, be required to compulsorily maintain
adequate insurance coverage or such other financial security as may be 40
prescribed.
Use and 315. (1) Where any provision of this Act or the rules made thereunder
maintenance of provide for—
electronic
records. (a) the filing of any form, application or any other document with any
office, authority, body or agency owned or controlled by the Government in 45
a particular manner;
(b) the issue or grant of any certificate, licence, permit, sanction,
approval or endorsement, by whatever name called, in a particular manner; or
 115

(c) the receipt or payment of money in a particular manner,

then notwithstanding anything contained in such provision, such requirement shall be
deemed to have been satisfied if such filing, issue, grant, receipt or payment is effected
by means of such electronic form.
5 (2) The Central Government shall, for the purpose of sub-section (1),
prescribe—
(a) the manner and form in which such electronic forms and documents
shall be filed, created or issued; and
(b) the manner or method of payment of any fee or charges for filing,
10 creation or issue of any electronic document under clause (a).
(3) Any agreement, record, database, logbooks, record books and such other
documents required to be stored, maintained or updated by the Central Government
or the Director-General or by any other person under this Act or the rules made
thereunder, may be maintained in electronic form.
15 316. The Central Government, based on activities performed or services Classification of
provided by vessels, may by general or special order, classify the vessels into different vessels.
categories.
317. (1) The Central Government, in such circumstances as it may, by Transparency of
notification, specify in this behalf, require every service provider or agent in charges.
20 respect of any Indian vessel or other vessel operating in coastal waters in relation
to import, export or domestic transportation, to specify in the Bill of Lading or
any other transport document, all charges to be paid by an exporter, importer,
consignor or consignee in India, subject to the terms and conditions for the
specification of such charges and the issuance of the Bill of Lading or any other
25 transport document, as may be specified in that notification:
Provided that the charges to be paid by such exporter, importer, consignor
or consignee shall include both fixed and conditional charges:
Provided further that no service provider or agent shall levy any charges other
than charges specified by him in the Bill of Lading or any other transport document.
30 (2) If the service provider or agent fails to specify the charges under
sub-section (1) or levies any charges other than the charges specified by him in
the Bill of Lading or any other transport document, he shall be liable to penalty
which may extend to five lakh rupees.
(3) The authority for imposing the penalty under sub-section (2) shall be such
35 officer as the Central Government may, by notification, specify in this behalf.
(4) Any person aggrieved by the order of imposition of penalty under this
section may prefer an appeal in accordance with such procedure as may be
prescribed, before such officer as the Central Government may, by notification,
specify:
40 Provided that no order under this section shall be passed without giving
the person a reasonable opportunity of being heard.
318. The Director-General shall have the power to call for such Power of
information as may be required to ensure compliance with the provisions of this Director-General
to call for
Act. information.

45 319. (1) Without prejudice to any other power to make rules contained General power
to make rules.
elsewhere in this Act, the Central Government may make rules generally to
carry out the provisions of this Act.
(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:—
 116

(a) the salary, allowances and other terms and conditions of service of
the officers under sub-section (2) of section 8;
(b) the powers and functions of the senior radio surveyors and radio
inspectors under sub-section (2) of section 10;
(c) regulatory and oversight functions of the body under sub-section (3) 5
of section 13;
(d) other functions of the body under clause (d) of sub-section (4) of
section 13;
(e) the form and manner in which a person aggrieved may prefer an
appeal before the Director-General under sub-section (2) of section 282; 10

(f) the manner of detention of vessel under sub-section (1) of section 304;
(g) other relevant requirements under sub-section (1) of section 307;
(h) such other measures which shall constitute control measures under
clause (h) of sub-section (5) of section 307;
(i) such other requirements under the Explanation to section 307; 15

(j) the form and manner of determination of claims and compensation

or damages for detention of a vessel under sub-section (2) of section 308;
(k) the procedure for reimbursement of costs or expenses, including
the manner of determination of the rates for services rendered to the
authority or agency under sub-section (4) of section 311; 20

(l) insurance coverage or other financial security to be maintained by

registered owner of an Indian vessel under section 314;
(m) the manner and form of filing, creating or issuing electronic forms
and documents and the manner or method of payment of fee or charges for such
filing, creating or issuing under clause (a) and clause (b) of sub-section (2) of 25
section 315;
(n) procedure for preferring an appeal under sub-section (4) of section 317;
(o) the form and manner of informing the Central Government of any
requirement or prohibition imposed or threatened to be imposed pursuant to the
measures taken by any other country under sub-section (2) of section 323; and 30
(p) any other matter which is required to be or may be prescribed.
Provisions with 320. (1) All rules made under this Act shall be published in the Official
respect to rules. Gazette.
(2) In making a rule under this Act, the Central Government may direct that a
breach thereof shall be liable to penalty which may extend to fifty thousand rupees, 35
and if the breach is a continuing one, with further penalty which may extend to five
thousand rupees for every day after the first day during which the breach continues.
(3) Every rule made under this Act shall be laid, as soon as may be after it
is made, before each House of Parliament, while it is in session, for a total period
of thirty days which may be comprised in one session or in two or more successive 40
sessions, and if, before the expiry of the session immediately following the session
or the successive sessions aforesaid, both Houses agree in making any
modification in the rule or both Houses agree that the rule should not be made,
the rule shall, thereafter, have effect only in such modified form or be of no effect,
as the case may be; so, however, that any such modification or annulment shall 45
be without prejudice to the validity of anything previously done under that rule.
Power to 321. (1) If any difficulty arises in giving effect to the provisions of this Act,
remove the Central Government may, by order, published in the Official Gazette, make
difficulties. such provisions not inconsistent with the provisions of this Act, as appear to it to
be necessary, for removing the difficulty: 50

Provided that no such order shall be made under this section after the expiry
of a period of three years from the date of commencement of this Act.
 117

(2) Every order made under this section shall be laid, as soon as may be after
it is made, before each House of Parliament.
322. (1) The Central Government may, if it thinks fit, constitute one or more Power to
committees consisting of such number of persons as it may appoint thereto, constitute
committees.
5 representing the interests principally affected or having special knowledge of the
subject-matter, for the purpose of advising it when considering the making or
alteration of any rules or scales of fees under this Act or for any other purpose
connected with this Act.
(2) There shall be paid to the members of any such committee such
10 travelling and other allowances as the Central Government may fix.
(3) The committees may be constituted under this section to advise the
Central Government either generally as regards any rules or scales of fees or as
regards any class or classes of rules or scales of fees in particular or for any other
purpose connected with this Act.
15 323.(1) The Central Government may, by order in writing, specify that the Power of
Central
provisions of this section shall apply to measures taken by any other country for Government to
regulating the terms and conditions upon which goods or passengers may be protect interest
carried by sea, which constitute an infringment of the jurisdiction of India, in so of Indian
Shipping.
far as they apply to—
20 (a) things done or to be done outside the territorial jurisdiction of that
country; and
(b) persons carrying on lawful business in India.
(2) Where an order issued under sub-section (1) is in force, every person who
is subject to such measures taken by another country shall inform the Central
25 Government of any requirement or prohibition imposed or threatened to be imposed
on him pursuant to such measures in such form and manner as may be prescribed.
Explanation.—For the purposes of this sub-section, “requirement” includes
any requirement to submit any contract or other document for approval thereunder.
(3) Where any information under sub-section (2) is received from any person,
30 or there are grounds to believe that such information is likely to be received, the
Central Government may, by an order in writing, give to such person directions
prohibiting compliance with any such measure as it considers necessary.
(4) The Central Government may, by an order in writing, prohibit or restrict
any person from complying with the requirement to produce any commercial
35 document or information compiled from commercial documents, to a court of
another country, if it appears to the Central Government that such document is
not within the territorial jurisdiction of that country, and constitutes or may
constitute an infringement of the jurisdiction of India.
44 of 1958. 324. (1) The Merchant Shipping Act, 1958 (except Part XIV but not including Repeals and
19 of 1838. 40 section 411A therein) and the Coasting Vessels Act, 1838 is hereby repealed. savings.

(2) Notwithstanding such repeal,—

(a) any rule, regulation, bye-law, order, notification or exemption
made, issued or granted under any enactment hereby repealed shall, until
revoked, have effect as if it had been made, issued or granted under the
45 provisions of this Act;
(b) any office established or created, officer or person appointed and
anybody elected or constituted under any enactment hereby repealed shall
continue and shall be deemed to have been established, created, appointed,
elected, or constituted under this Act;
50 (c) any document referring to any enactment hereby repealed shall be
construed as referring to this Act or to the provision of this Act;
(d) any fine levied under any enactment hereby repealed may be
recovered as if it had been levied under this Act;
 118

(e) any offence committed under any enactment hereby repealed may
be prosecuted and punished as if it had been committed under this Act;
(f) any vessel registered under the enactments hereby repealed shall be
deemed to have been registered under this Act;
(g) any mortgage of vessels recorded in any register book maintained 5
at any port in India under any enactment hereby repealed shall be deemed
to have been recorded in the register book under the corresponding
provision of this Act;
(h) any licence, certificate of competency or service, certificate of
survey, A or B certificate, safety certificate, qualified safety certificate, 10
safety equipment certificate, exemption certificate, international or Indian
load line certificate or any other certificate or document issued, made or
granted under any enactment hereby repealed and in force at the
commencement of this Act, shall be deemed to have been issued, made or
granted under this Act and shall, unless cancelled under this Act, continue 15
in force until the date shown in the certificate or document;
(i) any proceeding pending before any court under any enactment
hereby repealed may be tried or disposed of under the corresponding
provisions of this Act;
(j) any inspection, investigation or inquiry ordered to be done under 20
the provisions of any enactment hereby repealed shall continue to be
proceeded with as if such inspection, investigation or inquiry is ordered to
be done under the corresponding provisions of this Act.
(3) The mention of particular matters in this section shall not be held to
prejudice or affect the general application of section 6 of the General Clauses 25
Act, 1897, with regard to the effect of repeals. 10 of 1897.

PART XVI
AMENDMENT TO THE MARINE AIDS TO NAVIGATION ACT, 2021
Amendment of 325. In the Marine Aids to Navigation Act, 2021, after section 48, the
Act 20 of 2021.
following section shall be inserted, namely:— 30

Power of “48A. The Director-General appointed under the Merchant Shipping

Director-General Act, 2024 may issue such directions as may be necessary, to the
appointed under
Merchant Director General appointed under this Act for the purposes of
Shipping Act, implementation of this Act.”.
2024 to issue
directions.
 STATEMENT OF OBJECTS AND REASONS
The Merchant Shipping Act, 1958 (the 1958 Act) was enacted 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 establish a National
Shipping Board and to provide for the registration, certification, safety and security
of Indian ships. The 1958 Act contains 561 sections, as a result of various
amendments carried out in the Act from time to time.
2. The merchant shipping industry has experienced significant changes
internationally in recent years, presenting various challenges to Indian shipping. To
address these challenges and promote ease of doing business, reforms in the 1958
Act became essential. These reforms include, inter alia, to reduce compliance
burden while improving operational efficiency; enhance the quality and quantity of
tonnage under Indian flag to strengthen India’s presence in the global shipping
market; improve the rights, privileges, and protections for seafarers, ensuring their
welfare and dignity; ensure the safety and security of vessels and life at sea by
adhering to safety protocols; prevent marine pollution and safeguard the marine
environment; provide for maritime liabilities and compensation mechanisms to
address contingencies effectively; align with global best practices by adopting
India’s obligations under international conventions comprehensively; boost the
sector’s attractiveness as an investment destination by creating a conducive
regulatory environment and promoting transparency and accountability in the
shipping industry. These reforms aim to modernise the sector, enhance its
competitiveness, and align it with global standards to meet evolving international
demands.
3. In view of the above, it has become imperative to repeal the Merchant
Shipping Act, 1958, and to provide for contemporaneous, futuristic and dynamic
legislation, namely, the Merchant Shipping Bill, 2024 to meet the requirements of
India as an emerging economy. The Merchant Shipping Bill, 2024, inter alia, seeks
to provide for the following, namely:—
(i) expanding the eligibility criteria for ownership of the vessels and
increasing tonnage under the Indian flag;
(ii) the registration of a foreign vessel chartered on a bareboat charter
cum demise contract by an Indian charterer in order to expand opportunities
for international trade and increasing Indian tonnage; temporary registration
of vessels seeking to be recycled in India; and granting provisional certificate
of registration to an Indian vessel;
(iii) supervise and monitor the maritime education and training leading
to grant of certificate of competency or certificate of proficiency to facilitate
Indian seafarers to work onboard vessels;
(iv) adopting the Maritime Labour Convention regulations in the Bill
through the rules to be made by the Central Government to bolster the rights
and welfare of seafarers; and regulation of recruitment and placement service
agencies;
(v) the constitution of a body to be notified by the Central Government
which would be responsible for conducting regulatory and oversight functions
relating to security of vessels and port facilities;
(vi) to provide for enforcement of pollution prevention standards,
including measures for containment of pollution and reporting of incidents
threatening to cause pollution of air, marine environment, any part of coasts
or coastal waters;

119
 120

(vii) to provide for the survey, audit and certification, ensuring

compliance of Indian as well as foreign vessels with standards of compliance
and certificates mandated under international conventions;
(viii) to provide for maritime liability and compensation in claims arising
out of collision of vessels and accident at sea leading to damage or loss of
vessel, cargo or property; limitation of liability for damages in respect of
certain claims; and constitution of limitation fund;
(ix) to provide for marine incident and emergency response in order to
provide time effective and efficient emergency responses to a marine incident;
(x) to provide for investigation and inquiries on marine casualties;
(xi) to make provisions for wreck and salvage operations so as to ensure
timely and minimal damage to lives, the marine environment and the cargo;
(xii) to provide for the safety, security, prevention of pollution and
mandating insurance to sailing vessels, fishing vessels and vessels whose net
tonnage is less than fifteen and is engaged solely in coasting trade of India;
(xiii) to make provisions for penalties and procedure and to empower the
principal officer to impose a penalty against certain contraventions;
(xiv) to empower the Central Government to pass directions to port
authorities or State Maritime Board or any other authority or agency, to render
assistance in respect of abandoned vessels, which are abandoned on or near
the coast of India or within the coastal waters;
(xv) to empower the principal officer to take action against vessels that
are unsafe, which pose a risk to safety of life or environment;
(xvi) to empower the Central Government to take charge and detain
vessels within India or in coastal waters, as a vessel without nationality, if such
vessel is not legally entitled to fly the flag of a State or has lost such right;
(xvii) to empower the Central Government to make such provisions not
inconsistent with the provisions of the Bill, as appear to it to be necessary, for
removing the difficulty before the expiry of a period of three years from the
date of enactment of the Bill;
(xviii) to repeal the Merchant Shipping Act, 1958 (except Part XIV
thereof but not including section 411A therein) and the Coasting Vessels
Act, 1838; and
(xix) to amend the Marine Aids to Navigation Act, 2021.
4. The Notes on clauses explain in detail the various provisions contained in
the Bill.
5. The Bill seeks to achieve the above objectives.

NEW DELHI; SARBANANDA SONOWAL.

The 28th November, 2024.
 Notes on clauses
Clause 1.—This clause seeks to provide for short title and commencement of
the Bill.
Clause 2.—This clause seeks to provide for application of the Bill to the
vessels which is registered in India; or any vessel which is required be so registered,
wherever it may be.
Clause 3.—This clause seeks to define the various expressions used in the Bill
which, inter alia, include, “abandoned seafarer”, “abandoned vessel”, “coasts”,
“fisher”, “port”, “sailing vessel”, “sea-going”, “vessel”, etc.
Clause 4.—This clause seeks to provide for establishment of the National
Shipping Board who shall advise the Central Government on matters relating to
Indian Shipping and on such other matters as the Central Government may refer to
it for advice. The Shipping Board shall consist of six members of Parliament and
other members, not exceeding sixteen, to be appointed by the Central Government,
to represent the Central Government, ship owners, seafarers and other interests as
in the opinion of the Central Government, ought to be represented on the Shipping
Board. It provides that the ship owners and seafarers shall be represented equally in
numbers.
Clause 5.—This clause seeks to provide for the constitution of the Seafarers
Welfare Board to advise the Central Government on the measures for promoting the
welfare of the seafarers. It specifies the matters in respect of which the Seafarers
Welfare Board may advise the Central Government.
Clause 6.—This clause seeks to empower the Central Government to make
rules in respect of the matters relating to Chapter I of Part II, specified therein.
Clause 7.—This clause empowers the Central Government to appoint a person
to be the Director-General of Maritime Administration for the purposes of
exercising or discharging the powers, authority or duties conferred or imposed upon
him under the provisions of the Bill. This clause also empowers the Central
Government to delegate its power to Director-General. Further, the
Director-General may with the approval of the Central Government, delegate his
powers to other officers or authority and every officer specified in clause 8 of the
Bill shall discharge their functions under the general superintendence and control of
the Director-General.
Clause 8.—This clause seeks to specify the officers who may be appointed to
discharge duties and functions under the Bill.
Clause 9.—This clause empowers the Central Government to appoint as many
persons as surveyors at such port or place as it may think fit for the purposes of the
Bill. It further empowers the Central Government to authorise any person or body
of persons, as surveyors and to appoint qualified persons to perform the functions
of a surveyor.
Clause 10.—This clause seeks to empower the Central Government to appoint
senior radio surveyors and radio inspectors for the purposes of the Bill.
Clause 11.—This clause seeks to empower the Central Government to
establish and maintain office of the Mercantile Marine Department at the ports of
Mumbai, Kolkata, Chennai, Kochi, Kandla and such other ports or places in India
for the administration of the provisions of the Bill and the rules made thereunder. It
further provides that the office of the Mercantile Marine Departments at the ports of
Mumbai, Kolkata, Chennai, Kochi, Kandla and any other port or place as notified
by the Central Government shall be in the charge of the Principal Officer, and the
office at any other port or place shall be in the charge of such officer as the Central
Government may appoint in this behalf.

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Clause 12.—This clause seeks to empower the Central Government to

establish a shipping office at every port in India, by way of a notification and to
appoint a shipping master, deputy and assistant shipping masters and directors and
seafarer’s welfare officers. It provides that for the ports where no shipping office is
established, the Central Government may direct that its business be conducted at
such office as specified by the Central Government.
Clause 13.—This clause seeks to provide for the constitution of a body for the
security of vessels and port facilities, with such name and to be headed by an officer
with such designation, as may be specified in the notification. The body so
constituted shall be responsible for carrying out the regulatory and oversight
functions in respect of matters relating to security of vessels and port facilities as
may be prescribed by rules made by the Central Government.
Clause 14.—This clause seeks to provide for application of Part III of the Bill
to sea going vessels.
Clause 15.—This clause seeks to provide that no vessel shall be an Indian
vessel unless such vessel is owned by any of the persons specified therein and in
such proportion of ownership as may be notified by the Central Government. It
further provides for registration of every Indian vessel at such port or place of
registry as may be notified by the Central Government. It also provides that the
vessels registered under the repealed enactment shall at the commencement of the
Bill shall be deemed to be registered under the Bill and recognised as an Indian
vessel. It also provides for registration of all vessels belonging to the Government,
other than the vessels specified therein and for the registration of an Indian vessel
outside India with such conditions as may be prescribed by rules. It also makes
provision for registration of an abandoned vessel.
Clause 16.—This clause provides for the registration of a foreign vessel
chartered on a bareboat charter cum demise contract by an Indian charterer in
accordance with the terms and conditions as may be provided by the rules.
Clause 17.—This clause provides for the temporary registration of any vessel
which has not been registered under the Bill, and is sought to be recycled in
accordance with the provisions of the Recycling of Ships Act, 2019 (49 of 2019), in
such manner, duration and conditions as may be provide by rules.
Clause 18.—This clause seeks to provide that the Principal Officer of the
Mercantile Marine Department or such person authorised by the Central Government,
shall be the Registrar of Indian vessels at the port of registry specified in the
notification for such appointment.
Clause 19.—This clause seeks to provide for provisional registration of Indian
vessels which shall have the effect of a certificate of registration. It further provides
that an unsatisfied mortgage on a vessel with provisional certificate of registration
shall continue to be reflected in the register book in case of deemed closure of such
registration.
Clause 20.—This clause seeks to provide for the procedure of registration of
Indian vessels. It requires the Director-General to specify certain conditions for an
Indian vessel and different classes of vessels, seeking to be registered under the Bill
and empowers the Registrar to inquire into title of an Indian vessel to be registered
and for the grant a certificate of registration pursuant to completion of the
registration, as per the prescribed procedure.
It also provides for the issuance of tonnage certificate. It also provides that
Indian vessels shall be described a name, call sign and official number and the
inclusion of these details amongst others in a register book maintained by the
Registrar.
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Clause 21.—This clause seeks to provide a temporary pass to such vessel

which has not received a certificate of registration within the specified period. The
pass is sought to be issued in special circumstances prescribed by the Central
Government wherein it is desirable that the concerned vessel undertake the specific
voyage.
Clause 22.—This clause seeks to provide for custody and use of certificate. It
provides that the certificate of registration shall be used only for the lawful
navigation of the vessel of registration and shall at all times remain in the custody
of the person in charge of the vessel which 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 vessel and such certificate may be
delivered to person entitled to demand the certificate and makes the possession of
illegal certificate of registration as an offence.
Clause 23.—This clause seeks to prohibit transfer of Indian vessel or shares
during emergency without the previous approval of the Central Government. It
further provides for conditions of transfer or acquisition of an Indian vessel like
satisfaction of mortgages, statutory fee, wages, etc. It also provides that the
instrument of transfer shall be in the form and manner, and registered in accordance
with the rules.
Clause 24.—This clause seeks to provide for the transmission of property in
Indian vessel on death, insolvency, etc., excluding a transfer, in accordance with the
rules.
Clause 25.—This clause seeks to provide that where due to transmission of
property in a vessel or a share in the same due to death, etc., resulting in the vessel
ceasing to be an Indian vessel, such vessel may be ordered to be sold as per the
prescribed procedure.
Clause 26.—This clause seeks to provide for mortgage of vessel or share
therein which may be made for security for a loan or other valuable consideration
in the form and manner provided by the rules made by the Central Government. It
further provides that the mortgages shall be recorded in the order in time of which
they are produced by the Registrar and a mortgagee shall not be deemed to be the
owner of the vessel except in the circumstances specified therein. It also provides
for entry of a discharged mortgage to be made in the register book by the Registrar.
It also provides for the priority of mortgage in accordance with the date and time on
which each mortgage is recorded in the register book.
Clause 27.—This clause seeks to provide for the rights of mortgagee. It
provides that where there is only one registered mortgagee of a vessel or share, he
shall be entitled to recover the amount due under the mortgage by selling the
mortgaged vessel or share without approaching the High Court and where there are
two or more registered mortgagees of a vessel or share, they shall be entitled to
recover the amount due under the mortgage in the High Court. It further provides
for the sale of the vessel or the share by the registered mortgagee.
Clause 28.—This clause seeks to provide the responsibilities of mortgagee
and proof of fulfilment of the same while the mortgagee takes possession of the
mortgaged vessel or is asserting a claim before the court for possession of the vessel.
Clause 29.— This clause seeks to provide that a registered mortgage of a
vessel or share shall not be affected by any act of insolvency committed by the
mortgagor after the date of the record of such mortgage.
Clause 30.—This clause seeks to provide for transfer of mortgage or shares to
any person by the instrument and in such manner as may be prescribed and the
transferee of the mortgage shall have the same right of preference as the transferor.
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Clause 31.—This clause seeks to provide for transmission of interests in

mortgage in certain circumstances. It provides that the interest of a mortgagee in a
vessel or share if transmitted on death, or insolvency, or by any lawful means other
than by a transfer under this Bill, shall be in accordance with the procedure
prescribed by rules.
Clause 32.—This clause seeks to provide that the description by name of an
Indian vessel shall be the same in which it is registered. It further seeks to empower
the Registrar to refuse the proposed name of an Indian vessel in case a same or
similar name is already borne by another vessel and any change of the name of an
Indian vessel shall be made in accordance with the rules. It also seeks to detain the
vessel for violation of the provisions pertaining to a vessel’s name.
Clause 33.—This clause seeks to provide for registration of the vessel that is
so altered as not to correspond with the particulars relating to her tonnage or
description contained in the register book. It further provides for re-registration of
vessel so altered outside Indian port pursuant to an inspection report by a surveyor
or any other authorised person without the requirement of the physical presence of
such vessel on an Indian port.
Clause 34.—This clause seeks to provide for provisional certificate and
endorsement where vessel is to be registered a new. It provides that where any
Registrar, on an application as to an alteration in a vessel directs the vessel to be
registered a new, he shall either grant a provisional certificate describing the vessel
as altered, or provisionally endorse the particulars of the alteration on the existing
certificate.
Clause 35.—This clause seeks to provide for transfer of registration. It
provides that the registration of any vessel may be transferred from one port of
registry to another on an application to the Registrar of the existing port of registry
of the vessel and transfer shall not in any way affect the rights of the owners or
mortgagees or any of them and those rights shall in all respects continue in the same
manner as if no such transfer had been effected.
Clause 36.—This clause seeks to restrict re-registry of abandoned vessel. It
provides that where a vessel has ceased to be registered as an Indian vessel by reason
of having been wrecked or abandoned, or for any reason other than capture by the
enemy, the vessel shall not be re-registered until she has, at the expense of the
applicant, been surveyed by a surveyor and certified by him to be seaworthy.
Clause 37.—This clause seeks to empower the Central Government to declare
the proper national colours for all Indian vessels and for vessels owned by the
Government with power to declare different colours for different class of vessels. It
further empowers the commissioned officer of the Indian Navy, any officers of the
Indian Coast Guard or a surveyor or an Indian ambassador to board and seize and
take away the colours which are hoisted contrary to the provisions of the Bill. It also
imposes ban on use of Indian national colours other than on Indian vessels for
certain purposes.
Clause 38.—This clause seeks to provide that no owner or master of an Indian
vessel 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 vessel from any person entitled by any law for the time being in force to inquire
into the same, or with intent to assume a foreign character for the vessel, or with
intent to deceive any person so entitled.
Clause 39.—This clause seeks to provide that a vessel shall not be entitled to
any privilege, benefits or advantages or protection usually enjoyed by Indian vessel
or to use the Indian national colours for Indian vessel or to assume the Indian national
character if such vessel has not been recognised as Indian vessel and for the purposes
of payment of dues, the liability of fine and forfeiture and the punishment for the
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offences committed on board, such vessels may be dealt with in the same manner as
if the vessel is a recognised Indian vessel.
Clause 40.—This clause seeks to provide for proceedings on any vessel that
is either wholly or whose share therein has become subject to forfeiture under
Part III. It empowers commissioned officer of the Indian Navy, Indian Coast Guard,
any Indian Ambassador or any other officer authorised by the Central Government,
to seize and detain the vessel under the directions of the proper officer, and bring
her for adjudication before the High Court.
Clause 41.—This clause seeks to provide for liability of owners. It provides
that where any person is beneficially interested otherwise than by way of mortgage
in any vessel or share in a vessel 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 Bill or any other law on the owners of
vessel or shares therein, without prejudice that proceedings for the enforcement of
any such penalties may be taken against both or either of the said parties jointly or
severally.
Clause 42.—This clause seeks to provide that any person may inspect any
register book and may obtain a certified copy of any entry in the register book, by
making an application to the Registrar and payment of requisite fee. It further
provides for the evidentiary value of a certified copy of an entry in the registered
book.
Clause 43.—This clause seeks to enable the owner of an Indian vessel to make
an application to the Registrar to close its registration if there is no unsatisfied
mortgage and outstanding claims of the master or seafarer of the vessel in respect
of wages which have been intimated.
Clause 44.—This clause seeks to empower the Central Government to make
rules to carry out the purposes covered under Part III of the Bill. It specifies the
matters in respect of which the rules may be made by the Central Government.
Clause 45.—This clause seeks to provide that every Indian vessel shall have
seafarers with such manning scales to be determined by rules made by the Central
Government and requires the seafarer to hold such certificates specified therein. It
further provides that Indian national with foreign certificate of competency
recognised by the Director-General may be allowed to work on board Indian vessel
subject to the conditions to be specified in the rules.
Clause 46.—This clause empowers the officer notified by the Central
Government to grant certificate of competency or certificate of proficiency
subject to fulfilment of requirements in respect of service, age limit, medical
fitness, approved training courses, qualifications and examination in accordance
with the Standards of Training, Certification and Watchkeeping for Seafarers
Convention subject to the conditions specified therein.
Clause 47.—This clause seeks to empower the Director-General to administer,
supervise and monitor all activities related to training and assessment for grant of
certificate of competency or certificate of proficiency and to approve training
institute, courses and the method of conducting training for granting such
certificates and also with power to authorise any person to conduct inspection and
submit report to him. It further provides that training institutes not having approval
of the Director-General shall be subject to action.
Clause 48.—This clause seeks to provide for examination for grant of
certificates and empowers the Central Government to appoint persons specified
therein to examine the competence of persons desirous of obtaining certificates of
competency and of proficiency. It further seeks to provide that the nautical advisor
shall be the Chief Examiner for the master and deck department personnel and the
chief surveyor shall be the Chief examiner for engine department personnel. It also
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empowers the issiuing authority to withdraw, suspend and cancel such certificate
obtained through false and erroneous information or if the person is guilty of
misconduct and an appeal against such order of suspension, cancellation or
withdrawal shall lie before the Central Government as per the prescribed procedure.
It also provides for re-issue of certificate in case of loss, etc., on payment of the
prescribed fee.
Clause 49.—This clause requires the master of the vessel to produce the list
of seafarers and with the certificate of competency of the seafarer along with the list
containing the particulars of grades of certificates of the seafarers, etc., to the proper
officer. It further empowers the surveyor to go onboard a vessel for the purpose of
ensuring that the seafarers onboard possess the certificates as per the Standards of
Training, Certification and Watchkeeping for Seafarers Convention.
Clause 50.—This clause seeks to provide for recognition foreign certificate of
competency and certificate of proficiency as equivalent if they meet essential
conditions like standards not being less than that of Indian certificate holders and
recognitions of Indian certificates under Part IV in their States and the certificate
recognised as equivalent may be issued with a certificate of endorsement and a
person holding the certificate of endorsement shall be considered duly certificated.
Clause 51.—This clause seeks to provide that foreign vessel shall not proceed
to sea from any port or place in India without the requisite number of seafarers of
appropriate grades and empowers the surveyor to board the vessel for the purpose
of ensuring that the seafarers holding certificates are actually appointed and are
present and are adequate in number for the watch keeping duty in ports and at sea.
It further empowers the Central Government to detain a foreign vessel in case of
deficiency on the report of the surveyor.
Clause 52.—This clause seeks to provide for obligations of certain certificate
holders to serve the Government or in Indian vessels during a proclamation of
emergency or when security of India is threatened according to the provisions of the
Constitution.
Clause 53.—This clause seeks to empower the Central Government to make
rules for the provisions of Part IV. It further seeks to specify the matters in respect
of which the rules may be made by the Central Government.
Clause 54.—This clause seeks to provide for the application of Part V to every
seafarer, recruitment and placement service and ship owners.
Clause 55.— This clause seeks to define certain expressions which are used
in Part V.
Clause 56.—This clause seeks to empower the Central Government to make
rules for the classification of seafarers into different categories, minimum scale and
the different scale for different classes of vessels. It further provides that the
seafarers shall be deemed to be key workers in order to facilitate safe and unhindered
movement of vessels and other allied activities.
Clause 57.—This clause seeks to provide for application of maritime labour
standards to seafarers and vessels registered under the Bill, except vessels specified
in clauses (a), (b), (c) and (d) of sub-clause (1) thereof. It further requires every
vessel to possess certificate in accordance with the provisions of the Maritime
Labour Convention and prohibits vessels to proceed to sea without possessing the
certificate.
Clause 58.—This clause seeks to specify the duties of the shipping master,
director and the seafarer’s welfare officer.
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Clause 59.—This clause seeks to prohibit any person under sixteen years of
age from being engaged, employed or work on board any vessel.
Clause 60.—This clause seeks to prohibit the engagement of any seafarer in a
vessel without possessing a medical fitness certificate.
Clause 61.—This clause seeks to empower the Central Government to direct
that seafarers shall not be engaged or carried to sea in any capacity without such
qualifications as may be specified by the Director-General, in accordance with the
Standards of Training, Certification and Watchkeeping for Seafarers Convention .
It further provides for the duty of the ship owner to ensure that the employed
seafarers are duly trained or certified as competent.
Clause 62.—This clause seeks to provide for the engagement of seafarer by
licensed recruitment and placement service and the owners of Indian vessels. It
prohibits any person from demanding or receiving, either directly or indirectly, from
any seafarer or person seeking onboard training or employment as seafarer or any
person on his behalf, any remuneration or other charges for seafarer recruitment or
placement or for providing onboard training or employment to the seafarer or person
seeking employment as seafarer. It further prohibits the discrimination between
seafarers on the basis of their membership or lack of membership in any particular
union and on the basis of the training institute from where they obtained their
training. It also empowers the Director-General to suspend or withdraw the
certificates of seafarers who seek or have obtained employment in violation of the
provisions of this clause.
Clause 63.—This clause seeks to provide that the master or owner (in case of
an Indian vessel) or recruitment and placement service agency (in case of an Indian
or foreign vessel) shall enter into a seafarers’ employment agreement with the
seafarer and submit a copy of such agreement to the shipping master. It specifies
certain provisions therein for engagement of a seafarer who is not a citizen of India.
It provides that seafarers shall be given an opportunity to examine and seek advice
on the agreement before signing it.
Clause 64.—This clause seeks to mandate every owner of an Indian vessel to
ensure that full wages are paid to employed seafarers at monthly intervals and
seafarers are given a monthly account of payments due and amounts paid, including
wages and additional payments. It further provides that interest at the prescribed rate
shall be applicable on any delay in payment of wages, except for the reasons
specified therein.
Clause 65.—This clause seeks to mandate every ship owner to ensure that
seafarers are given the prescribed hours of rest.
Clause 66.—This clause seeks to mandate every owner of an Indian vessel to
ensure that every seafarer is given the prescribed annual leave.
Clause 67.—This clause seeks to provide for the seafarers right of repatriation,
at no cost to themselves and in accordance with the conditions prescribed by the
Central Government. It further requires every ship owner of an Indian vessel to
provide financial security for such repatriation in accordance with the rules in the
event of termination of that the service of the seafarer without consent at a foreign
port and before the expiration of the contract, if the master, ship owner or his agent
fails without reasonable cause to provide expenses of maintenance and for the
journey to proper return port, the expenses defrayed by the seafarer, shall be
recoverable as wages due to him and if defrayed by the Indian Ambassador, be
regarded as expenses falling within the provisions of clause 91.
Clause 68.—This clause seeks to require the ship owner to pay to each seafarer
an indemnity against unemployment resulting from the loss or foundering of any
vessel.
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Clause 69.—This clause provides that the prescribed number of seafarers shall
be employed on every vessel, to ensure that it is operated safely, efficiently and with
due regard to security under all conditions.
Clause 70.—This clause seeks to require the ship owner to provide and
maintain accommodations and recreational facilities for seafarers, in accordance
with the rules made by the Central Government.
Clause 71.—This clause seeks to require the ship owner to provide for food
and drinking water of appropriate quality, nutritional value and quantity, free of
charge to the seafarers. Further, it requires that seafarers engaged as cooks of the
vessel are trained, qualified and found competent as specified by the
Director- General.
Clause 72.—This clause seeks to require the ship owner to take such measures
for the protection of the health and medical care of seafarers employed onboard the
vessel, as prescribed by the Central Government.
Clause 73.—This clause requires the ship owner to ensure that seafarers
employed on the vessels are provided with a right to material assistance and support
with respect to the financial consequences of sickness, injury or death occurring
while they are serving under a seafarers’ employment agreement or arising from
their employment under such agreement.
Clause 74.—This clause seeks to require the ship owner to provide to seafarers
working on vessels with occupational health protection.
Clause 75.—This clause seeks to ensure that all seafarers have access to social
security protections, in accordance with the rules prescribed by the Central
Government.
Clause 76.—This clause seeks to empower the Central Government to make
rules for giving effect to the mandatory standards under the Maritime Labour
Convention (MLC), dealing with India’s flag State responsibilities, relating to
matters specified in sub-clause (1) thereof and requires Indian vessels to carry a
declaration of maritime labour compliance.
Clause 77.—This clause seeks to empower the Central Government to make
rules for giving effect to the Maritime Labour Convention, dealing with India’s
port State responsibilities, relating to matters specified therein. It also empowers the
Director-General to notify a system for inspections of vessels and procedure for such
inspections.
Clause 78.—This clause seeks to empower the Central Government to make
rules for giving effect to Part A and Part B of the Code of the Maritime Labour
Convention and any other provision of that Convention which has not been given
effect to in the Bill in respect of all or any of matters specified therein.
Clause 79.—This clause seeks to entitle the seafarer to receive wages or
compensation for loss of effects in case of wreck, loss or abandonment of the vessel
or by reason of his being left on shore at any place outside India under a certificate
granted under this Bill for his unfitness or inability to proceed on the voyage. It
further seeks to provide for compensation to the seafarer by the master, ship owner
or his agent for the damage caused due to premature discharge apart from the wages
due and the limit of such compensation.
Clause 80.—This clause seeks to provide for the manner of discharge of
seafarers. It provides that if any Indian vessel is transferred or disposed of, then the
seafarer belonging to that vessel shall be discharged at that port unless he consents
in writing to complete the voyage in the vessel if continued. It further provides
certain conditions for discharge of seafarer, entitlement of wages, etc.
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Clause 81.—This clause requires the master to enter into the log book a
statement of the amount due to the seafarer in respect of wages and his property, at
the time when such seafarer was left behind or lost overboard or is deceased.
Clause 82.—This clause seeks to provide that in case the amount deposited
with or recovered by the shipping master is unclaimed as wages for making payment
then the shipping master, after a period of not less than six years, may utilise that
money for the welfare of the seafarer in the manner as the Central Government may
direct.
Clause 83.—This clause seeks to provide that any dispute between the master,
ship owner or his agent and the seafarer under the agreement shall be submitted to the
shipping master who shall decide upon the dispute and pass an award within thirty
days which may be extended for a further period of thirty days for sufficient cause. It
further provides that the award passed by the shipping master shall be enforceable in
accordance with the provisions of the Code of Civil Procedure, 1908 (5 of 1908) in
the same manner as if it were a decree of the court.
Clause 84.—This clause seeks to provide that the shipping master may require
the ship owner or his agent, master or seafarer to produce the logbook, papers or
other documents in his possession and also requires their attendance for the purpose
of examination.
Clause 85.—This clause seeks to provide that if the seafarer’s voyage
terminates in India, he shall not be entitled to sue in any court outside India for
wages unless he is discharged with such sanction as required under the provisions
of the Bill and with the written consent of the master or proves ill-usage on the part
or by the authority of the master as to warrant a reasonable apprehension of danger
to his life if he remains on board.
Clause 86.—This clause seeks to provide that the proceedings for wages of
seafarer shall be conducted by summary procedure by the Judicial Magistrate of the
first class.
Clause 87.—This clause bars institution of suits for wages in any civil court
except where the ship owner is declared insolvent, vessel is under arrest or sold by
the authority of the court and a Judicial Magistrate of the first class refers claims to
the court.
Clause 88.—This clause seeks to provide for the rights, liens and remedies of
a master of a vessel for the recovery of wages to be same as a seafarer and the rights
of the master or every person lawfully acting as master due to disease or incapacity
from illness, of the master.
Clause 89.—This clause seeks to empower the Central Government to refer
the disputes between seafarers and their employers to a Tribunal constituted for this
purpose by the Central Government for adjudication. It further provides for the
procedure to be followed by such Tribunal.
Clause 90.—This clause empowers the Central Government or such officer
appointed by it to recover the wages and compensation due to a seafarer who is lost
with the vessel to which he belongs, from the master or ship owner or his agent.
Clause 91.—This clause seeks to provide that the Indian Ambassador at or near
the place where a seafarer is abandoned shall, on application being made to him by
the abandoned seafarer, provide in accordance with the rules made under the Bill, for
the return of that seafarer to a proper return port, and also for the said seafarer’s
necessary clothing and maintenance until his arrival at such port and expenses
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incurred in such repatriation shall be a debt due to the Central Government for which
the ship owner or his agent or the vessel shall be liable.
Clause 92.—This clause seeks to provide that in case of abandoned Indian
vessels and foreign vessel abandoned within India’s territorial waters, whose
seafarers are required to be repatriated in accordance with the Bill, the Central
Government shall arrange for a replacement crew to be sent on board. It further
provides that the cost incurred by the Central Government in arranging for the
replacement crew to be sent on board such a vessel will constitute a debt due to the
Central Government, for which the ship owner or his agent shall be liable. It also
provides that a certificate of the Central Government or of such officer as the Central
Government may specify in this behalf, that a seafarer is abandoned, shall be a
conclusive evidence that such seafarer is an abandoned seafarer within the meaning
of the Bill.
Clause 93.—This clause seeks to empower any shipping master, surveyor,
seafarer’s welfare officer or Indian Ambassador under the circumstances mentioned
therein to enter onboard a vessel and inspect such vessel. It further provides that
Indian vessels in international voyage shall possess a Maritime Labour Certificate
and a Declaration of Maritime Labour Compliance and for the purpose of preventing
seafarer from being taken onboard any vessel at any port in India contrary to the
provisions of this Bill, the shipping master and other officers may enter at any time
onboard any such vessel if he has reason to believe that the seafarer is being shipped.
Clause 94.—This clause provides that a seafarer shall, for the purposes of
Part V, be deemed to be a serving seafarer during any period commencing on the
date of the agreement with seafarers and ending thirty days after the date on which
the seafarer is finally discharged. It further seeks to empower the Central
Government to prescribe by rules, provisions for protection of seafarers in respect
of litigation.
Clause 95.—This clause seeks to enable any seafarer to make a complaint
against the master or any of the seafarers if the vessel is at a place where there is a
Judicial Magistrate of the first class or when the vessel reaches a place where such
Magistrate is available.
Clause 96.—This clause seeks to prohibit any person at any port or place other
than a person in the service of the Government or duly authorised by law to board a
vessel without permission. It further provides that the master of the vessel may take
such person into custody and deliver him up forthwith to a police officer to be taken
before a Judicial Magistrate of the first class.
Clause 97.—This clause seeks to prohibit an Indian seafarer from knowingly
doing anything or refusing or omitting to do, anything specified therein.
Clause 98.—This clause seeks to prohibit a seafarer from deserting his vessel
or neglect or being absent from vessel without leave or without reasonable ground
and that refusal, absence, etc., of a seafarer engaged on the ground of a vessel being
unseaworthy shall be a reasonable cause. It further requires the shipping master to
report such absence or discretion to the Director-General who may direct that the
seafarer’s identity document and continuous discharge certificate be held for such
period as may be specified or withdrawn or suspended if the desertion is without
leave or sufficient reason. It also empowers the use of such force as may be
reasonable in the circumstances of the case and if a seafarer commits such offence
outside India then, the master or ship owner or agent shall be permitted to arrest him
without warrant on sufficient grounds. It also provides that any costs and expenses
properly incurred by or on behalf of the master or ship owner by reason of the
conveyance shall be paid by the offender which may be deducted from his wages.
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Clause 99.—This clause seeks to specify the actions of discipline in violation

of which the seafarer shall be guilty of an offence. It provides that the prosecution
against a seafarer may be instituted by the Director-General, who is also empowered
to suspend or cancel any seafarer’s certificates during the course of any legal
proceedings for offences under this clause, after giving the seafarer an opportunity
of being heard.
Clause 100.—This clause seeks to provide that if the seafarer is convicted of
an offence of smuggling any goods whereby loss or damage is occasioned to the
master or the ship owner, then, a sum sufficient to reimburse the loss or damage
shall be recovered in lieu of whole or part of his wages and the Director-General
may cancel or suspend the seafarer’s identity document or continuous discharge
certificate of such seafarer.
Clause 101.—This clause seeks to provide for the manner of entry of the
offence committed under clause 98 or clause 99, in the official log book.
Clause 102.—This clause seeks to provide that if any seafarer engaged outside
India on an Indian vessel deserts himself in India without leave, the master of a
vessel within forty-eight hours of discovering such desertion or absence shall report
to the shipping master or to such officer as the Central Government may specify.
Clause 103.—This clause seeks to provide that in case of desertion from
Indian vessel, the master shall produce the official log book to the Indian
Ambassador who shall thereupon, make and certify a copy of the entry and shall
transmit such a copy of entry certified to the shipping master to be produced before
a legal proceedings and such certified copy shall be admissible in evidence in a legal
proceedings for desertion.
Clause 104.—This clause seeks to provide that for proving desertion from a
vessel, it shall be sufficient to show that the seafarer was duly engaged in or
belonged to the vessel and he left the vessel without completion of the voyage or
engagement and entry of desertion of the seafarer shall be duly made in the official
log book. It further provides that the desertion leading to forfeiture of wages shall
be deemed to be proved unless the seafarer produces proper certificate of discharge
or show to the court that he had sufficient reason for leaving the vessel.
Clause 105.—This clause seeks to provide that wages or other property
forfeited for desertion from the vessel shall be applied for reimbursing the expenses
caused by the desertion to the master or the ship owner or his agent and subject to
that the reimbursement shall be paid to the Central Government.
Clause 106.—This clause seeks to provide that any question concerning the
forfeiture or deductions from the wages of a seafarer may be determined in any
proceeding lawfully instituted with respect to those wages.
Clause 107.—This clause seeks to provide the procedure of deduction of a
fine imposed on seafarer for any act of misconduct under the agreement and such
proceeds of all fines received by the shipping master shall be used for the welfare
of seafarers in a manner as the Central Government may direct.
Clause 108.—This clause prohibits any person to persuade or attempt to
persuade a seafarer to neglect or refuse to join or proceed to sea or desert from vessel
or absent himself from his duty or harbour or secrete a seafarer from doing the same.
Clause 109.—This clause seeks to provide that no person shall secrete himself
and go to sea in a vessel without the consent of either the master or the ship owner
or his agent or of the person in charge of the vessel or of any other person entitled
to give that consent.
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Clause 110.—This clause seeks to provide that if during the voyage, the
master of Indian vessel is removed or superseded or quits the vessel and is succeeded
in the command by some other person, then, he shall deliver to his successor the
various documents relating to the navigation of the vessel and the seafarers thereof
which are in his custody and on receipt of such documents, the successor shall make
an entry in the official logbook to that effect which shall also be endorsed by the
predecessor. If these documents are not lawfully handed over in accordance with
the foregoing provisions of this clause, the Director-General is empowered to
withdraw or suspend the certificate of competency of the master after providing him
an opportunity of being heard.
Clause 111.—This clause seeks to provide that if due facilities shall be given
by the Government of any State outside India for recovering or apprehending
seafarers who desert from Indian vessel in that State, the Central Government may
by notification declare that this clause shall apply to seafarers belonging to vessels
of such State, subject to such limitations or conditions as may be specified in the
notification. It further provides that if the seafarer belonging to vessel of any State
other than India deserts from such vessel when within India, then, on the application
of a Ambassador of that country, any court having jurisdiction shall aid in
apprehending the deserter and for that purpose may on information given on oath,
issue a warrant for his apprehension and on proof of the desertion order him to be
conveyed onboard his vessel or delivered to the master or the ship owner or his agent
to be so conveyed and any such warrant or order may be executed accordingly.
Clause 112.—This clause seeks to provide for keeping of official logbook for
a vessel exceeding 200 tonnes gross and requires the master, ship owner or his agent,
to deliver the official logbook to the shipping master as and when required by him.
It further provides that no entry in the official logbook shall be made in respect of
any occurrence prior to arrival of the vessel at her final port, more than twenty-four
hours after such arrival.
Clause 113.—This clause empowers the Central Government to make rules to
carry out the provisions of Part V of the Bill. It specifies the matters in respect of
which the Central Government may make rules.
Clause 114.—This clause seeks to provide for application of Part VI of the
Bill to Indian vessels and vessels registered in India, foreign vessels, port facilities
and company on matters relating to safety and security.
Clause 115.—This clause seeks to define various expressions specific to
Part VI.
Clause 116.—This clause seeks to provide for the Safety and security
compliance by vessels of various international obligations under the international
Conventions, treaties and agreements specified therein, to which India is a Party.
Clause 117.—This clause requires the master of a vessel to report any incident
relating to safety of vessel, safety of persons onboard, loss of dangerous cargo to the
sea, matters affecting safe navigation, abandonment of vessels, etc., to an authority
designated for this purpose by the Central Government.
Clause 118.—This clause seeks to impose obligation on the master of an
Indian vessel to provide assistance to any distress situation at sea, when he receives
such a message seeking assistance. It further obligates the master to provide
assistance until he is relieved of this duty and requires him to maintain records of
the circumstances in which the master is unable to provide assistance. It also
requires the master to report incidents relating to safety and security which takes
place in the vicinity of the vessel.
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Clause 119.—This clause seeks to empower the Central Government to make

arrangements for search and rescue at sea and establishment of rescue coordination
centres and sub-centres as required under International Convention on Maritime
Search and Rescue, 1979 and agreement related thereto.
Clause 120.—This clause seeks to provide for radio communication, distress
and safety equipment and the certified operators required on Indian vessels.
Clause 121.—This clause seeks to mandate every vessel to possess the
information relating to its stability and the effects of any damages to the vessel and
the precautions for maintaining water tight integrity of the vessel.
Clause 122.—This clause seeks to provide loading of vessel as per loadline
rules and detaining vessels from proceeding to sea if it is loaded in contravention of
such rules.
Clause 123.—This clause seeks to prohibit vessels from carrying passengers
between ports or places in India, from any port or place in India to any port or place
outside India, or from any port or place outside India to any port or place in India
without required certificates. It further empowers the Central Government to specify
the conditions for passenger accommodation, passenger and amenities, and other
facilities while carrying passengers. It also requires the master of every passenger
vessel to make a statement about the passengers onboard in the form specified by
the Central Government.
Clause 124.—This clause seeks to prohibit vessels from proceeding to sea
without possession of valid safety and security certificates required under the
conventions or agreement specified in clause 116.
Clause 125.—This clause seeks to specify various acts which constitute
offences.
Clause 126.—This clause seeks to prohibit vessels to carry or attempt to carry
cargo or passengers in contravention of Part VI of the Bill or to have onboard or in
any part thereof a cargo or passenger which is not in accordance with the certificate
held by the vessel. It further provides that for such violations, the master shall be
held liable and his certificate of competency shall be cancelled or suspended for
such period as the Central Government may specify in an order made in this behalf.
Clause 127.—This clause seeks to prohibit sending of unseaworthy vessel to
sea and makes contravention of the clause an offence. It further requires the prior
consent of the Central Government for prosecution of master under this clause.
Clause 128.—This clause seeks to cast obligation on the ship owner, master
or his agent to ensure the seaworthiness of the vessel for the voyage and to keep her
in a seaworthy state during the voyage.
Clause 129.—This clause seeks to provide for implementation of safety and
security management of the vessels and the port facilities. It further provides for
maintaining different levels of security by vessels and ports.
Clause 130.—This clause seeks to empower the Central Government to make
the rules under Part VI relating to safety and security aspects. It enumerates the
matters in respect of which the Central Government may make such rules.
Clause 131.—This clause seeks to specify the scope of application of Part VII
of the Bill, inter alia, to Indian vessels and every other vessel registered in India,
ports and foreign vessels on matters related to prevention of pollution. It exempts
the application of Part VII to any warship, naval auxiliary or other vessel owned or
operated by a State or the Central or State Government and used for the time being,
only on Government non-commercial service. It further empowers the Central
Government to make any provision of Part VII applicable to such vessel specified
in the notification.
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Clause 132.—This clause seeks to define certain expressions which are

specific to Part VII, such as “harmful substance”, “dumping”, “port”, etc.
Clause 133.—This clause seeks to prevent the vessel-generated pollution such
as the discharges or emissions of harmful substances or mixtures containing such
substances. It empowers the Central Government to make necessary rules for the
construction, survey or equipment to be fitted onboard vessels for this purpose, and
to specify the conditions for issuance of the certificates. It further empowers the
Central Government to initiate further action against the ship owner or master of the
vessel after the conclusion of the proceedings in case of harm or damages not
discovered at the time of the initiation of the proceedings. It also provides for the
survey of the hull, equipment or machinery of vessel by surveyors and empowers
the Central Government to issue the list of items which may be permissible for
dumping in the coastal waters and to prescribe the manner of obtaining permissions
for the same.
Clause 134.—This clause seeks to require every vessel to comply with various
international obligations towards prevention of marine pollution under the
international maritime conventions and treaties specified therein. It further provides
that the vessel to which the provisions of the conventions mentioned therein are not
applicable, shall comply with such pollution prevention requirements as may be
provided by the rules and such rules shall prescribe different rules for pollution
prevention for different classes of vessels.
Clause 135.—This clause seeks to prohibit any vessel from proceeding to sea
without valid pollution prevention certificates as per conventions or agreement or
treaty referred to in section 134. Further, it provides the procedure for inspection of
such certificates and powers of persons empowered to conduct such inspections, and
appropriate action that may be taken in cases of non-compliance.
Clause 136.—This clause seeks to ensure that records of every Indian vessel
shall be maintained and empowers the Central Government to make rules for the
details of records, its custody, the manner in which these records are to be
maintained and such other related matters.
Clause 137.—This clause empowers the Central Government to direct the
denial of entry to ports of vessels where there are reasonable grounds to suspect that
such vessel does not comply with the requirements of Part VII of the Bill. It further,
empowers the Central Government to detain such vessel or to have the vessel moved
to such place and for such period, as may be required.
Clause 138.—This clause requires the master of a vessel to make a report to
the authority designated by the Central Government, whenever an incident in which
the cargo or harmful substances as covered under Part VII of the Bill or the pollution
prevention convention has escaped or likely to escape and may cause or threaten to
cause pollution of air, marine environment or any part of coasts or coastal waters
and the responsibility of the master for failure in making such reports. It requires
the Central Government, or any other authority as may be designated by the Central
Government, to notify any incident of pollution falling within the scope of Part VII.
Further, it empowers the Central Government to direct the owner, agent, master,
charterer, operator, lessee or licensee of the vessel through a notice, to take
immediate necessary action to prevent or control pollution, in case an incident of
pollution occurs or likely to occur and also empowers the Central Government to
take any suitable and appropriate measures, as deemed necessary, to prevent,
mitigate or eliminate the threat or danger from pollution, whenever a pollution is
caused or likely to be caused by release of harmful substances, or whenever a grave
and imminent danger to the coastline or related interest is likely from an incident of
pollution or threat of pollution.
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Clause 139.—This clause empowers the Central Government to give

directions to Indian vessels to provide such assistance as may be specified in the
order, subject to payment of reasonable fees for the services provided. Further, it
empowers the Director-General to requisition the services of any officer of the
Central Government or other officers or any police officer to assist for the purposes
of Part VII, and also to requisition any resources or pollution prevention equipment.
Clause 140.—This clause requires the Central Government to establish such
measures as deemed appropriate and practical, for the monitoring and detection of
pollution under Part VII. It further provides that the evidence collected in
accordance with such procedure shall be admissible in proceedings in court.
Clause 141.—This clause provides for the appointment of analysts for the
purposes of Part VII and empowers Central Government to specify the scope of
powers exercisable by such analyst.
Clause 142.—This clause requires every port to have necessary facilities to
receive various kinds of wastes generated on or agreement or treaty referred to in
clause 134 under the applicable international conventions. It mandates that the
wastes generated during operation, repair and recycling of vessel are collected,
handled, treated and disposed of in a safe and environmentally sound manner, to
protect human health and the environment and empowers the port authority to
impose suitable charges for providing such facilities for receiving wastes from
vessels. It also empowers the Central Government to direct the port authority to
provide or arrange for the provision of reception facilities and makes such authority
liable to a penalty for any failure to comply with such directions.
Clause 143.—This clause seeks to empower the Central Government to make
rules under Part VII of the Bill. It enumerates the matters in respect of which such
rules may be made by the Central Government.
Clause 144.—This clause seeks to ensure that every Indian vessel, company,
or port shall be surveyed, audited and certified, unless exempted for verification of
compliance with various international conventions as specified therein. It further
provides that on the completion of the survey, the vessel shall not be altered in any
manner without prior permission of the Central Government and violation of which
shall attract re-survey of the vessel, or modification or revocation or suspension or
cancellation of the certificates after giving an opportunity of hearing to the defaulter.
It also prohibits the owners or masters of vessels to proceed to sea without holding
on onboard the applicable certificates and documents.
Clause 145.—This clause seeks to require every vessel, company, or port, to
possess such certificates as may be prescribed by the rules.
Clause 146.—This clause seeks to empower a surveyor to inspect or audit any
vessel and parts thereof including certificates belonging to the vessel and seafarers
therein, and such surveyor shall not hinder, detain or delay the operation of the
vessel. It further mandates the owner, agent, master or every officer of the vessel to
provide such reasonable facilities and information required by the surveyor.
Clause 147.—This clause seeks to provide that every vessel, company or port
shall be surveyed, audited and certified to confirm compliance with the International
conventions and agreements specified therein and any other conventions relating to
survey, audit or certification as may be prescribed.
Clause 148.—This clause seeks to provide for the recognition of the
certificates issued to vessels outside India by the Government of the State to which
the vessel belongs.
Clause 149.—This clause seeks to enable the Central Government to request
the Government of a foreign State to issue certificates to Indian vessels in such
States and provides for grant of certificates to foreign vessels in India.
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Clause 150.—This clause seeks to empower the Central Government,

surveyor or any other person to require the master of a vessel to provide information
as may be required in order to ensure compliance with the provisions of Part VIII
and such surveyor or person shall have the powers of a civil court in respect of
matters specified therein. It further makes any person who fails to comply with the
requirements of the surveyor or other authorised person, liable to penalty.
Clause 151.—This clause seeks to empower the Central Government to
appoint persons to conduct inspections of vessels to verify violations of the
provisions of the Bill, corresponding rules and applicable international conventions.
In case of any violation, it empowers the Central Government to take any action or
direct the master of the vessel to take up action.
Clause 152.—This clause seeks to empower the Central Government to make
rules for the matters covered under Part VIII. It enumerates the matters in respect of
which such rules may be made by the Central Government.
Clause 153.—This clause seeks to provide for the application of Part IX of the
Bill to Indian vessel anywhere and any foreign vessel while it is in a port or place
in India including within the coastal waters.
Clause 154.—This clause seeks to provide for apportionment of liability when
any damage or loss to the vessels, cargo, property or loss of life or personal injury
is caused pursuant to a collision between two or more vessels. It seeks to provide
that if the collision is accidental or its cause is not determined, each vessel shall bear
its own damage and if the collision is caused by the fault of one vessel, full liability
rests with that vessel. It further seeks to provide that if the collision is caused by the
fault of two or more vessels, the liability is shared by the vessels in proportion of
the degree of their faults committed, unless their degrees of fault are not established.
It also provides that in proceedings for claims arising out of collision between
vessels, the High Court may assign any of the duties specified therein to the
assessors.
Clause 155.—This clause seeks to provide for the liability, including liability
to third parties, to make good the damage or loss, in proportion to the degree in
which each vessel was at fault. It further provides that references to damage or loss
caused by the fault of a vessel shall also include cost due to any salvage or other
expenses, after a damage or loss, which is recoverable by way of damages under
any law in force.
Clause 156.—This clause seeks to provide that in case of loss of life or
personal injury, each party shall be jointly and severally liable towards third parties
without depriving any person of any defence which he might have relied on in an
action brought against him by any injured person or of any right to limit his liability.
Clause 157.—This clause seeks to provide for recovery of excess damages if
paid, in excess of the proportion of fault committed by a vessel, in claims for loss
of life or personal injury, by way of contribution from the owners of the other vessel
or vessels in proportion of their faults. It further provides that for the purpose of
recovering the contribution, the person entitled to any contribution shall, in addition
to any other remedy provided under any law for the time being in force, have the
same rights, and powers as the persons entitled to sue for damages in the first
instance.
Clause 158.—This clause seeks to impose a duty on the master of a vessel to
assist the other vessel in case of collision between two vessels without endangering
his vessel, seafarers and passengers. It requires the master to save the other vessel
from any danger caused by the collision and to stay by the other vessel until the
other vessel needs no further assistance and requires the master to exchange
information such as name of its vessel, port of registry, last port and next port of
call. It further provides that the failure of the master to comply with this provision
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shall not raise any presumption of liability of the vessel for the purpose of
Chapter I of Part IX.
Clause 159.—This clause seeks to provide for the requirement of recording of
statement and circumstances leading to the collision in the log book by the master
of every vessel and such entry be signed by the master and also by the officer on
watch or one of the seafarers.
Clause 160.—This clause seeks to require the master or agent to report to the
Director-General or nearest principal officer in case an Indian vessel has sustained
or caused any accident which results in loss of life or any serious injury to any
person or has received any material damage affecting her seaworthiness or her
efficiency either in her hull or is so altered in any part of her machinery as not to
correspond with the particulars contained in any of the certificates issued under the
Bill in respect of the vessel and such report is to be made within such time as may
be specified by rules made by the Central Government after the happening of the
accident or damage or as soon as possible.
Clause 161.—This clause seeks to provide that if the owner or agent of an
Indian vessel apprehends that the vessel is wholly lost due to non-appearance of the
vessel or any other circumstances, a notice shall be sent to the Director-General
relating to the loss and the cause of such loss along with the vessel particulars such
as the name, official number and port of registry, etc.
Clause 162.—This clause seeks to specify the claims which can be limited by
the ship owner or salvor or person for whose act, neglect or default, the ship owner
or salvor is responsible or by the insurer, based on the LLMC Convention. It further
provides that such claims shall be limited even if brought by way of recourse or for
indemnity under a contract or otherwise. It also specifies certain claims which shall
not be subject to limitation. The explanations clarify that the invocation of limitation
of liability shall not be an admission of liability; and the ship owner includes owner,
charterer, manager or operator of a sea-going vessel.
Clause 163.—This clause seeks to provide that a person shall not be entitled
to limit his liability under clause 162 if the loss resulted from a personal act or
omission committed with the intent to cause the loss, or recklessly and with the
knowledge that such loss would probably result.
Clause 164.—This clause seeks to provide that when limitation of liability is
set to apply for multiple claims of the same occurrence, then the claims shall be set
off against each other and the provisions of Chapter II of Part IX shall apply to the
balance, if any.
Clause 165.—This clause seeks to provide that the limits of liability, except
for passenger claims covered by clause 166, for claims arising on any distinct
occasion shall be calculated as per the limits given in the LLMC Convention. It
further provides that if the limitation amount in respect of claims of loss of life or
personal injury is insufficient, the limitation amount in respect of any other claims
shall be used to pay the unpaid balance of the former claim. It further provides for
the hierarchy in which the other claims are to be paid, that is, first by claims in
respect of loss of life or personal injury followed by claims in respect of damage to
harbour works, basins, waterways and aids to navigation. It also provides that the
limit of liability in case of salvor not operating from any vessel or for any salvor
operating solely on the vessel to, or in respect of which he is rendering salvage
services, shall be calculated according to gross tonnage as provided in the LLMC
Convention.
Clause 166.—This clause seeks to provide that in respect of claims arising on
any distinct occasion for loss of life or personal injury to passengers of a vessel, the
amount relating to limit of liability of the ship owner thereof shall be such as may
be provided by rules.
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Clause 167.—This clause seeks to provide that the limits of liability as

determined in clause 165 shall apply collectively in total to the claims which arise
on any distinct occasion as specified therein. It further provides that the limits of
liability as determined in relation to limit for passenger claims shall apply in total to
the claims which arise against the ship owner and any person for whose act, neglect
or default he or they are responsible.
Clause 168.—This clause seeks to provide for the constitution of limitation
fund with the Central Government or the High Court by any person alleged to
be liable and against whom legal proceedings are being initiated or expected to
be instituted for claims which are subjected to limitation. It further provides that
the fund shall be constituted in the sum of the amounts calculated in accordance
with the provisions of clause 165 or 166 read with clause 167, as are applicable
to claims for which the limitation of liability is invoked together with interest,
at a rate notified by the Central Government, from the date of occurrence giving
rise to the liability until the date of the constitution of the fund. It also provides
that the limitation fund amount shall either be deposited or a guarantee shall be
produced, which is considered adequate by the High Court or the Central
Government, as applicable. It also provides that the fund so constituted shall be
available only for the payment of claims in respect of which limitation of
liability may be invoked and the fund so constituted by one of the persons or
ship owners or salvors specified in clause 166 or his insurer, shall be deemed to
be constituted by all such persons or ship owners or salvors or their insurers
specified therein.
Clause 169.—This clause seeks to provide for invocation of limitation of
liability even if the limitation fund has not been constituted under clause 168 and in
such case the High Court shall adjudicate each claim for its full proven amount and
to declare the right to limit liability along with the amount of limitation applicable.
It further seeks to provide that if the right is invoked without the constitution of a
limitation fund, the claimant shall not be barred from taking other actions in respect
of such claim.
Clause 170.—This clause seeks to provide that fund shall be distributed
among the claimants in proportion to their established claims subject to the
provisions of clauses 165 and 166 and if the person who is liable or his insurer
settles a claim before the fund is distributed, then the right of the claimant
against the fund is subrogated to that person or insurer. It further provides that
the right of subrogation exists even for persons other than the person liable or
his insurer, in respect of any amount of compensation which such person may
have paid. It also provides that the High Court or the Central Government, as
the case may be, may order a sufficient sum to be provisionally set aside to
enable a person liable or any other person to enforce his claim against the fund
at a later date when this person liable or any other person proves that he needs
to pay at a later date wholly or partly any such amount of compensation with
regard to which such person would have enjoyed a right of subrogation as
provided therein. It also provides that no lien or other right against the vessel
shall affect the proportions in which the fund is distributed amongst several
claimants.
Clause 171.—This clause seeks to bar other actions by any claimant to the
fund after a limitation fund is constituted under clause 168, against any other vessel
or property belonging to a person on behalf of whom fund was constituted. It further
provides that any such vessel or other property attached or arrested for a claim which
can be raised against the fund, may be released by an order of the High Court
whether or not the fund was constituted with the same or any other High Court or
with the Central Government.
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Clause 172.—This clause seeks to require every registered owner of an Indian

vessel and any other vessel entering or departing any Indian port or operating in
India’s territorial waters or coastal waters, to maintain an insurance or financial
security from the insurers prescribed by the Central Government. It further provides
that the amount of insurance shall be subject to the maximum limit laid down in
clause 166 and any departing vessel contravening this provision shall be liable to be
detained by the prescribed authority.
Clause 173.—This clause seeks to provide that Chapter II of Part IX shall
apply when any person seeks to limit his liability before the High Court, or seeks to
procure the release of vessel or other property or the discharge of any security given
within India except where the person does not have his habitual residence or his
principal place of business in India or the vessel in respect of which the right of
limitation is invoked does not fly the flag of a State which is party to the LLMC
Convention. It further specifies the situations where this Chapter shall not be
applicable, namely, to air cushion vehicles or floating platforms.
Clause 174.—This clause seeks to empower the Central Government to make
rules for the matters under Chapter I and Chapter II of Part IX and specifies the
matters in respect of which such rules may be made.
Clause 175.—This clause seeks to provide for the application of Chapter III
of Part IX to oil pollution damage caused by Indian vessel within the jurisdiction of
a contracting party, and any Indian vessel or any ship other than an Indian vessel
while it is in a port or place in India including coastal waters, up to 200 nautical
miles; and to preventive measures, wherever taken, to prevent or minimise such
pollution damage.
Clause 176.—This clause seeks to define certain expressions which are
specific to this Chapter III of Part IX, such as “oil”, “ship owner”, “ship”, etc.
Clause 177.—This clause seeks to provide for the liability of owner for any
pollution damage caused by the ship. It further provides for exemption of the owner
from liability if he proves that the pollution damage is the result of an act of war,
hostility, civil war, etc., or was wholly caused by an act or omission done with intent
to cause damage by a third party or was wholly caused by the negligence or other
wrongful act of any Government or other authority responsible for the maintenance
of lights or other navigational aids. It also specifies the persons against whom the
claim for compensation for pollution damage cannot be made.
Clause 178.—This clause seeks to provide that the owners of all the ships shall
be jointly and severally liable for pollution damages in case an incident involves
two or more ships.
Clause 179.—This clause deems that the admiralty jurisdiction of the
respective High Courts extend to any claim for liability arising under Chapter III of
Part IX, including the establishment of a limitation fund by the owner. It further
provides that a limitation fund shall only be constituted in the High Court with
jurisdiction over the pollution damage resulting from the incident, and specifies the
High Court which shall act as the jurisdictional High Court in case the pollution
damage occurs in the Exclusive Economic Zone or extends to more than one High
Court. In case more than one High Court has concurrent jurisdiction, the claim for
compensation may be made in the High Court with jurisdiction over the port or place
where the ship responsible for the pollution damage is detained, or any such High
Court.
Clause 180.—This clause seeks to provide that where the incident under
Chapter III of Part IX causes pollution damage in the territory of one or more
contracting parties to the Civil Liability Convention or preventive measures have
been taken to prevent or minimise pollution damage in the territory of such
 140

contracting parties, claims may be brought in the courts of any such contracting
party. It further provides that on establishment of a fund in India, the High Court or
the Central Government shall have jurisdiction to determine matters relating to
apportionment and distribution of the fund.
Clause 181.—This clause seeks to provide that owner may limit his liability
under Chapter III of Part IX in respect of any incident, to an aggregate amount in
accordance with Article V of the Civil Liability Convention unless it is proved that
the pollution damage resulted from his personal act or omission, committed or made
with the intent to cause such damage, or recklessly and with knowledge that such
damage may probably result.
Clause 182.—This clause seeks to provide for the constitution of a limitation
fund by the owner, the insurer or any other person providing financial security to
the owner, and empowers the Central Government to prescribe the time limit and
manner in which such application shall be made. It further provides that the
application for the limitation fund shall be made to the High Court or the Central
Government, and the fund may be constituted either by depositing the sum or by
furnishing a bank guarantee or other security with the High Court or the Central
Government. It also provides that the constitution of the fund shall not prejudice the
rights of any claimant against the owner for full compensation exceeding the amount
deposited or secured in the fund.
Clause 183.—This clause seeks to empower the Central Government to
establish the procedure for making claims for compensation when a limitation fund
is established, and requires the High Court or the Central Government, as the case
may be, to issue a notice on inviting claims against the fund. It also specifies the
issuance of notice of proceedings to the International Oil Pollution Compensation
Fund in accordance with Chapter V of Part IX.
Clause 184.—This clause seeks to provide that where before the fund is
distributed, the owner or any of his servants or agents or any person providing him
insurance or other financial security has as a result of an incident paid compensation
for pollution damage, such person shall upto the amount he has paid, acquire by
subrogation the rights which the person so compensated may have enjoyed under
Chapter III of Part IX. It further provides that the High Court may order that a
sufficient sum be provisionally set aside to enable such owner or insurer to enforce
his claim at a later date against the fund.
Clause 185.—This clause seeks to provide for the power of High Court or the
Central Government, as the case may be, to consolidate all the claims against the
fund and to distribute the amount in the fund among all claimants in proportion to
their claims. It further provides that any claim in respect of expenses reasonably
incurred or sacrifices reasonably made by the owner voluntarily to prevent or
minimise pollution damage, shall rank equally with other claims against the fund.
Clause 186.—This clause seeks to provide that where the High Court makes
an order for compensation which the owner has not complied and the owner has not
established a limitation fund in accordance with Chapter III of Part IX, an
application may be made to the High Court to order the arrest of the ship responsible
for the incident or any other ship owned by such person, for non-compliance with
the order for compensation within the time prescribed. It further provides that the
High court may direct the amount of compensation remaining unpaid, after the
determination of the liability of the IOPC fund in accordance in Chapter V of
Part IX, to be levied by distress and sale of the ship and her equipment in accordance
with the Bill. It also empowers the High Court or the Central Government to detain
any ship involved in an incident of oil pollution until the owner of the ship has
established a fund in accordance with clause 182, or has duly complied with the
order for compensation under sub-clause (4) of clause 185, whichever is earlier.
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Clause 187.—This clause seeks to provide for a restriction on enforcement of

claims against the owner after the establishment of a limitation fund if payment of
such sum into the High Court or the Central Government, and such part thereof that
corresponds to the claim, is actually available to the claimant.
Clause 188.—This clause seeks to require the owner of any ship carrying more
than two thousand tonnes of oil in bulk as cargo to maintain an insurance or other
financial security to cover his liability for pollution damage under Chapter III of
Part IX for the amount specified under the provisions of the Civil Liability
Convention. It further empowers the Central Government to require the owner of a
ship carrying such tonnes of oil in bulk as prescribed, in respect of the ship, to
maintain insurance or other financial security to cover his liability for pollution
damage up to the limits as may be prescribed and a certificate to that effect shall be
issued by the Central Government to every Indian vessel and owner or agent of any
foreign ship on payment of fee as may be specified by rules.
Clause 189.—This clause seeks to provide that the certificate issued by a
competent authority in any State outside India which is a contracting party to the
Civil Liability Convention to any ship wherever it is registered shall be accepted at
any port or place in India as if it were issued under the provisions of the Bill.
Clause 190.—This clause seeks to provide that ship which has onboard more
than two thousand tonnes of oil in bulk as cargo shall not enter or leave any port or
place in India unless it carries the certificate as required under clause 188 or
clause 189. It further provides that the proper officer shall grant inward entry or
outward clearance to any ship only when its master produces such certificate.
Clause 191.—This clause seeks to provide for the direct liability of the insurer
or other person providing financial security for payment of compensation. It further
provides that the insurer or other person may limit his liability in accordance with
the provisions of clause 181 if the owner is not entitled to limit his liability. It also
provides that such insurer or other person may avail himself of the defences which
the owner himself would have been entitled to invoke and such insurer or other
person may avail himself of the defence that the pollution damage resulted from the
wilful misconduct of the owner himself, but shall not avail himself of any other
defence which he might have been entitled to invoke in proceedings brought by the
owner against him.
Clause 192.—This clause provides for the mutual recognition of a judgment
passed by a court of competent jurisdiction under the Civil Liability Convention.
Clause 193.—This clause seeks to provide for the limitation period of three
years for claiming compensation from the date of occurrence of oil pollution damage
and six years from the date of the incident which caused the damage and in case of
a series of occurrences, from the date of the first occurrence.
Clause 194.—This clause seeks to exempt the warships or any ship used by
the Government from the application of Chapter III of Part IX.
Clause 195.—This clause seeks to empower the Central Government to make
rules for the matters covered under Chapter III of Part IX and specifies the matters
in respect of which such rules may be made.
Clause 196.—This clause seeks to provide for the application of Chapter IV
of Part IX relating to civil liability for bunker oil pollution damage.
Clause 197.This clause seeks to define certain expressions specific to this
Chapter IV of Part IX, such as “bunker oil”, “ship”, etc.
Clause 198.— This clause seeks to specify the liabilities for any pollution
damage caused due to bunker oil discharge or escape which the ship owner shall be
liable for.
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Clause 199.—This clause seeks to exempt the ship owner from liability in
certain situations specified therein.
Clause 200.—This clause seeks to provide for the ship owner or insurer to
limit his liability for one or more incidents specified therein in accordance with
Chapter II of Part IX relating to limitation of liability for maritime claims.
Clause 201.—This clause seeks to provide for determination of limitation of
liability by the High Court or the Central Government.
Clause 202.—This clause empowers the High Court or the Central
Government to consolidate all claims and distribute the amount amongst the
claimants in accordance with clause 170.
Clause 203.—This clause seeks to limit the period for claiming compensation
to three years from the date of occurrence of bunker oil pollution damage or six
years from the date of the incident which caused such damage and if the incident
consists of a series of occurrences, from the date of the first of such occurrence.
Clause 204.—This clause seeks to provide that the owner of ship of more than
gross tonnage of one thousand shall maintain compulsory insurance coverage or
financial security subject to the limits specified under the provisions of the LLMC
Convention.
Clause 205.—This clause seeks to provide for direct action against the insurer
or other person providing financial security. It provides that the insurer or other
person may limit his liability if the owner is not entitled to limit his liability in
accordance with the provisions of clause 200. It further provides that the insurer or
other person may avail himself of the defences which the owner himself would have
been entitled to invoke. It also provides that the insurer or other person may avail
himself of the defence that the pollution damage resulted from the wilful misconduct
of the owner himself, but such insurer or other person shall not avail himself of any
other defence which he might have been entitled to invoke in proceedings brought
by the owner against him.
Clause 206.—This clause seeks to provide that the Central Government shall
issue a certificate in respect of every ship which maintains insurance or other
financial security on payment of fee as may be specified by rules and makes
provisions for renewal on its expiry.
Clause 207.—This clause seeks to prohibit any ship from entering or leaving
any port or place in India without the certificate issued under clause 206 and the
proper officer shall grant inward entry or outward clearance to any ship only on
production of such certificate by the master.
Clause 208.—This clause seeks to provide for the right of recourse of the ship
owner against any other person for his liability.
Clause 209.—This clause seeks to provide for mutual recognition and
enforcement of judgment of the court of another contracting party to the Bunker
Convention.
Clause 210.—This clause seeks to empower the Central Government to make
rules for the matters covered under Chapter IV of Part IX. It specifies the matters in
respect of which such rules may be made.
Clause 211.—This clause seeks to provide for application of Chapter V of
Part IX of the Bill to oil pollution damage caused within the coastal waters up to
two hundred nautical miles and to the preventive measures taken to prevent or
minimise the oil pollution damage.
Clause 212.—This clause seeks to define certain expressions specific to
Chapter V of Part IX, such as “associated persons”, “crude oil”, etc.
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Clause 213.—This clause seeks to provide for the contribution to the Fund by
the importer or the receiver in respect of contributing oil carried by sea to ports or
terminal installations in India as per Articles 10 and 12 of the Fund Convention in
case of import of minimum quantity of one lakh fifty thousand tons per year of oil
or as may be specified in the Fund Convention, from time to time.
Clause 214.—This clause seeks to provide for the requirements of the
minimum contribution payable by persons to the Fund which is determined under
Article 12 of the Fund Convention and empowers the Central Government to require
persons to give financial security for payment of contributions to the Central
Government or the Fund.
Clause 215.—This clause seeks to provide for situations where the Fund may
be invoked for payment of compensation as specified therein. It further provides for
situations where the Fund does not have an obligation to pay the compensation.
Clause 216.—This clause seeks to provide for the limitation of liability of the
Fund in accordance with Article 4 of the Fund Convention.
Clause 217.—This clause seeks to empower the Central Government, to call
for information, in particular, the name and addresses of the persons liable to make
contributions to the Fund and specifies the conditions to be complied with by the
person making the disclosure. It further seeks to make refusal to comply with the
conditions of notice under the clause a punishable offence.
Clause 218.—This clause seeks to provide that any claim against the Fund for
compensation under Chapter V of Part IX of the Bill shall be brought directly before
the High Court. It further provides for the Fund’s right to intervene as a party to any
legal proceedings instituted in the High Court against the owner or his guarantor
and makes judgment of the High Court as binding even if the Fund has not
intervened in its proceedings.
Clause 219.—This clause seeks to stipulate the limitation period for claim
against the Fund to three years from when the damage occurred and that no action
to enforce a claim shall be brought after six years from the date of the incident that
caused such damage.
Clause 220.—This clause seeks to provide for the subrogation of right of
which the person so compensated would have enjoyed under the Fund Convention
when any sum is paid by the Fund or any public authority.
Clause 221.—This clause empowers the Central Government to establish a
Fund for the provision of compensation for pollution damage exceeding the amount
payable under Part IX.
Clause 222.—This clause seeks to empower the Central Government to make
rules to carry out the provisions of the Fund Convention covered in Part IX and
specifies the matters in respect of which such rules may be made.
Clause 223.—This clause seeks to provide for application of Part X of the Bill
to marine incidents in connection with the operations of Indian vessels and foreign
vessels.
Clause 224.—This clause seeks to define certain expressions such as “marine
incident” and “marine emergency response” which are specific to Part X.
Clause 225.—This clause seeks to provide for appointment of one or more
nodal authority by the Central Government to administer and supervise marine
incidents and the corresponding emergency response under the supervision and
control of the Central Government.
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Clause 226.—This clause seeks to specify the responsibility of the primary

response party such as the ship owner or master, seafarers of the concerned vessel
and such other persons as may be notified by the Central Government, for engaging
in maritime emergency response mechanisms. It provides that the primary response
party shall comply with directions, advisories and instructions issued by the nodal
authority.
Clause 227.—This clause empowers the Central Government to notify plans
and procedures for prevention of marine incidents and procedures for handling
emergency response.
Clause 228.—This clause seeks to empower the nodal authority to issue
directions to the administrative bodies under the Central Government and the State
Governments. It further seeks to empower the nodal authority to requisition the
services of any officer or resources of the Central Government or the State
Government. It further seeks to empower the Central Government to make rules to
specify the circumstances in which an emergency response to a marine incident may
be exercised by the nodal authority.
Clause 229.—This clause seeks to require every registered owner of Indian
vessel or any other vessels which enter a port, shipyard or offshore terminal or place
in India or within coastal waters, to be in possession of valid insurance coverage or
financial security and to carry onboard a certificate or document showing compliance
of such requirements for the purposes of covering his liability under Part X.
Clause 230.—This clause seeks to empower the Central Government to make
rules to carry out the purposes covered under Part X of the Bill and specifies the
matters in respect of which such rules may be made.
Clause 231.—This clause provides for the procedure for investigation and
inquiry under Part XI of the Bill in matters relating to marine casualty specified
therein, in connection with the operation of Indian vessels or any other vessels. It
further empowers the Central Government to appoint a body to make preliminary
assessment of the marine casualty and conduct a marine safety investigation in
accordance with the Safety Convention.
Clause 232.—This clause seeks to empower the Central Government to initiate
administrative action or to pass direction for proceeding in accordance with the law
if on receipt of marine safety report under sub-clause (6) of clause 231 or otherwise
it is of the opinion that prima facie, there exists, incompetency, misconduct or
violation of any law for the time being in force on the part of any person.
Clause 233.—This clause seeks to specify the application of Chapter I of
Part XII of the Bill to wrecks located within territory of India including the coastal
waters of India. It further provides that this Part shall not apply to any measures taken
under the International Conventions relating to the intervention on the High Seas in
cases of Oil Pollution Casualties, 1969 and to warships or vessels owned or operated
by Government for non-commercial service.
Clause 234.—This clause seeks to define certain expressions specific to
Chapter I of Part XII.
Clause 235.—This clause seeks to empower the Central Government to
appoint a person to receive wreck, to take possession of wreck and take action for
disposal or removal by available means for safety and protection of marine
environment.
Clause 236.—This clause seeks to require every master or owner or operator
of Indian and foreign vessel involved in a maritime casualty resulting in a wreck in
any area to which Chapter I of Part XII applies, to report such incident to the
Director-General and the Maritime Rescue Coordination Centre or the Maritime
Rescue Sub-Centre without any delay. It further requires the master and the
operator of an Indian vessel involved in a maritime casualty resulting in a wreck in a
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convention area of any State to report such incident to the affected State and to the
Director-General and Maritime Rescue Coordination Centre or Maritime Rescue
Sub-Centre.
Clause 237.—This clause requires the Central Government to determine
whether a wreck becomes a hazard in accordance with the various criteria specified
therein.
Clause 238.—This clause seeks to make the owner or operator of ship liable to
mark the wreck at its own cost until the wreck is removed and ensures that the cost
towards locating and marking of such wreck is borne by owner or operator of the
ship.
Clause 239.—This clause seeks to give power to pass over adjoining lands to
all persons for rendering assistance to ship for saving shipwrecked persons, its cargo
and equipment and obligates concerned persons to minimise damage and the disputes
relating to damage by owner or occupier of the land shall be decided by a Magistrate
on an application made to him.
Clause 240.—This clause seeks to prohibit certain acts such as attempt to board
or leave wrecked ship without permission or an attempt to impede or hinder the saving
of any ship, etc.
Clause 241.—This clause seeks to empower the receiver of wreck to make
application to Judicial Magistrate of the first class for search warrant if he suspects
that wreck is released and possessed by person who is not the owner and the such
Magistrate shall grant warrant authorising receiver to search for wreck possessed by
person who is not the owner of wreck.
Clause 242.—This clause seeks to provide for measures to facilitate the removal
of wrecks and requires the receiver of wreck to forward detailed information to the
Central Government on determination of possible hazards. It requires the Central
Government to inform concerned Government, affected State and registered owner
of the ship regarding the hazards and measures to be taken for the removal of wreck
and the decision of the Central Government thereon shall be final. It also requires the
owner of the wrecked ship to provide financial security or evidence of insurance to
the Central Government and empowers Central Government to specify on a case by
case basis, the time limit for removal of wreck with due regard to safety and protection
of marine environment at the expense of the owner or operator, as may be required.
Clause 243.—This clause seeks to provide for the liability of the owner in
respect of costs to be borne by him for locating, marking and removing the wreck,
unless the owner proves that the marine casualty resulting in wreck was caused by
war, hostilities or any act of non-maintenance of lights or navigational aids by
concerned authorities.
Clause 244.—This clause seeks to require every registered owner of Indian
vessel and every owner or operator of a ship other than an Indian vessel, of gross
tonnage of three hundred tons and above, to be in possession of valid insurance
coverage or financial security as may be prescribed. It further provides that any claims
arising under Chapter I of Part XII may be brought directly against the insurer or
person providing financial security and entitles such insurer or the person providing
financial security to invoke the defences specified therein.
Clause 245.—This clause seeks to specify the claims of the owner to wreck and
time limit of his entitlement to possess such wreck which is in possession of receiver
of wreck and empowers the Ambassador of the State where the ship is registered or,
in case of cargo, the State to which the owners belong, to act as agent of owner for
custody and disposal of the articles from the wrecked ship.
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Clause 246.—This clause seeks to provide for time limit for recovery of cost
for locating and marking of the ship to three years from the date of determination of
the hazard and six years from the date the maritime casualty resulted in the wreck and
in cases where the maritime casualty consists of series of occurrences, the six years
period shall be reckoned from the date of the first occurrence.
Clause 247.—This clause seeks to provide for the application of Chapter II of
Part XII of the Bill to salvage operations within the territory of India including coastal
waters. It further specifies the units, warships and other non-commercial vessels to
which it shall not be applicable.
Clause 248.—This clause seeks to define certain expressions specific to
Chapter II of Part XII of the Bill.
Clause 249.—This clause seeks to specify the conditions, circumstances and
location when salvage is payable to the salvor for saving life, cargo or wreck.
Clause 250.—This clause seeks to provide for the entitlement of salvage
payments when services are provided by or on behalf of the Government or by vessels
of the Indian Navy or of the Coast Guard and by the port authorities.
Clause 251.—This clause seeks to require the conclusion of salvage contracts
by the owner or master of the vessel with salvors for all salvage operations to which
the Chapter II of Part XII applies. It further provides that the master of the vessel
shall, on behalf of the owner of the property onboard the vessel, conclude contracts
for salvage operations.
Clause 252.—This clause seeks to provide for the duties of salvor towards
owner of the vessel or other property in danger and specifies the duties of the owner
or master of the vessel or the owner of other property which is in danger, towards
salvor.
Clause 253.—This clause seeks to provide for the rights of salvors to payment
for the services rendered by him to salvage operations and in the event of refusal of
payments by the owner or master of vessel or owner of any other property in danger,
specifies the criteria, circumstances and conditions for claiming rewards and maritime
lien by the salvor.
Clause 254.—This clause seeks to provide for the measures to be taken by the
Central Government to protect its coastline from threat of pollution arising out of
maritime casualty and empowers the Central Government to give directions to the
owner or the master or salvor and other public authorities associated with salvage
operations and seek their cooperation to initiate salvage services for vessel in distress.
It further empowers the Central Government to prescribe circumstances in which the
salvage operation shall be exercised by it.
Clause 255.—This clause seeks to empower the Central Government to notify
a list of salvors having such qualifications and experience and subject to such terms
and conditions as may be prescribed.
Clause 256.—This clause seeks to provide that the Director-General shall assist
in settling disputes arising between the ship owner and salvors in an independent and
impartial manner in accordance with prescribed procedure.
Clause 257.—This clause seeks to provide for the parties to prefer an arbitration
in accordance with the salvage contract for a dispute not resolved under clause 256
and an appeal against the arbitral award shall be made by the aggrieved party before
the High Court if the case involves more than one claimant to the salvage amount.
Clause 258.—This clause seeks to specify the time limit of two years from the
date of completion of salvage operations for raising claims and action thereof.
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Clause 259.—This clause seeks to provide that nothing in Chapter II of Part

XII of the Bill shall affect any treaty or arrangement with any foreign State to which
Indian is a party with reference to the disposal of proceeds of wrecks on their
respective coasts, or the provisions of section 29 of the Indian Ports Act, 1908
(15 of 1908).
Clause 260.—This clause seeks to empower the Central Government to make
rules for the matters contained in Part XII and specifies the matters in respect of
which such rules may be made.
Clause 261.—This clause seeks to provide for application of Part XIII of the
Bill to sailing vessels, fishing vessels, and vessels whose net tonnage is less than
fifteen and engaged solely in coasting trade of India and the extent to which other
provisions of the Bill shall apply to such vessel.
Clause 262.—This clause seeks to define certain expressions specific to Part XIII
such as “C-188 Convention”, “Indian fishing vessel” and “STCW-F Convention”.
Clause 263.—This clause seeks to empower the Director-General to take a
decision on whether the vessel falls under Part XIII or not and his decision thereon
shall be final. It further provides that where the question relates to fishing vessels,
the Director-General shall make such decision by following the prescribed
procedure for consultation.
Clause 264.—This clause seeks to provide that rules shall be made for the
manning of vessels covered under Part XIII including fittings, material, appliances
and apparatus to be carried onboard for the safety, security and prevention of
pollution. In further provides that in case of fishing vessels, such international
conventions and standards or parts thereof, as may be deemed necessary by the
Central Government, including Cape Town Agreement and C-188 Convention shall
be complied with. It also provides that the owners of vessels under Part XIII shall
provide a policy of insurance for all members of the crew of their respective vessels.
Clause 265.—This clause requires fishing vessels to be manned by such
persons holding such qualifications and manning requirements, in accordance with
the provisions of the Standards of Training, Certification and Watchkeeping for
Fishing Vessel Personnel Convention as may be deemed necessary, as may be
prescribed by rules made by the Central Government, for different categories of
fishing vessels and types of fishing operations.
Clause 266.—This clause provides for the grant of certificates of competency
or certificates of proficiency to fishers aboard fishing vessels by the Central
Government in accordance with the provisions of the Standards of Training,
Certification and Watchkeeping for Fishing Vessel Personnel Convention.
Clause 267.—This clause empowers the Director-General to administer,
supervise and monitor all activities relating to training and assessment for the grant
of a certificate of competency or the certificate of proficiency, as the case may be.
Clause 268.—This clause provides that a certificate of competency or a
certificate of proficiency shall only be granted after duly passing an examination
conducted in this behalf.
Clause 269.—This clause provides for the withdrawal, suspension or
cancellation of the certificate of competency or a certificate of proficiency.
Clause 270.—This clause provides that the owner, master, tindal or skipper, as the
case may be, of every vessel shall produce the certificates of competency or of
proficiency or any other certificate specified under the Bill to a proper officer on
demand.
Clause 271.—This clause requires the owner or his agent, or skipper of every
Indian fishing vessel to enter into a written contract with every fisher whom he
engages to man his fishing vessel, subject to the provisions of C-188 Convention,
as the Central Government may deem necessary.
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Clause 272.—This clause empowers the Central Government to require, by

notification, every class of Indian fishing vessel to furnish such data to the Registrar
regarding fishery as may be specified in the notification.
Clause 273.—This clause seeks to require vessels to have all certificates
specified in Part XIII, before proceeding to sea. It further seeks to empower the
Central Government to prescribe by rules the manner in which safety certificates are
to be issued and the period of validity of certificates.
Clause 274.—This clause seeks to empower the Central Government to either
suspend or cancel registration of non-mechanically propelled vessels if they do not
have valid certificates, after giving opportunity of hearing to the owner, master or
charterer.
Clause 275.—This clause seeks to require the owner, master or tindal or
skipper of a vessel to maintain a statement or cause to be maintained a statement
about the crew of the vessel containing the particulars specified therein and to keep
the record of the changes in crew and its communication to the shipping master.
Clause 276.—This clause seeks to provide that whenever cargo is jettisoned
from vessel, notice shall be given to proper officer appointed for this purpose, and
empowers the proper officer to conduct an enquiry.
Clause 277.—This clause seeks to provide for detaining a vessel which
attempts to proceed to sea in overloaded condition or carrying passengers in excess
of the certified capacity and empowers the proper officer to board the vessel
whenever necessary and requires the master, owner and every officer of the vessel
to provide all reasonable facilities for the survey or audit.
Clause 278.—This clause seeks to provide for detaining of the vessel which
is unseaworthy or likely to pose a threat to the security or the environment. It further
provides for the liability of the person in charge of such vessel.
Clause 279.—This clause seeks to empower the Central Government to
exempt vessels from the applicable requirements, if it is satisfied that the
requirements have been substantially complied with or that compliance with the
requirement is or ought to be dispensed with in the circumstances of the case.
Clause 280.—This clause seeks to empower the Central Government to make
rules for carrying out the provisions contained in Part XIII and specifies the matters
in respect of which such rules may be made.
Clause 281.—This clause seeks to provide that any person who contravenes
the provisions of the Bill shall be guilty of the offences specified in Schedule I and
Schedule II of the Bill and be liable to the extend of penalty or of imprisonment or
fine specified in those Schedules.
Clause 282.—This clause seeks to provide that authority for imposing the
penalty for offences specified in Schedule-I shall be the principal officer. It further
seeks to provide for appeal to the Director-General against the order of the principal
officer.
Clause 283.—This clause seeks to provide that any person committing any
offence under the Bill may be tried at a place in which he may be found, or in any
court which the Central Government may, by notification, direct in this behalf, or in
any court in which he might be tried under any other law for time being in force.
Clause 284.—This clause seeks to empower the Judicial Magistrate of the first
class to pass any sentence authorised by or under the Bill on any person convicted
of an offence under the Bill or any rules made thereunder.
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Clause 285.—This clause seeks to empower the Central Government or the

State Government to appoint a person who is in practice as an advocate for not less
than seven years as Special Public Prosecutor for any case or class of cases under
the Bill.
Clause 286.—This clause seeks to require the report of the proper officer for
the enforcement of penalties under section 281, against the masters or owners of
special trade passenger vessels.
Clause 287.—This clause seeks to provide that in case the person committing
an offence under the Bill is a company, every person who, at the time the offence
was committed, was in charge of, and was responsible to, the company for the
conduct of its business, as well as the company, shall be deemed to be guilty of the
offence and shall be liable to be proceeded against and punished accordingly and if
such person proves that the offence was committed without his knowledge or that
he exercised all due diligence to prevent the commission of such offence, such
person need not to be subject to punishment and at the same time if it is proved that
the offence was committed with the consent or connivance of, or is attributable to
any neglect, such person shall be punished accordingly.
Clause 288.—This clause seeks to provide that if the testimony of any witness
is required in relation to the subject-matter and the defendant or the person accused
does not produce the witness before any court or officers or authority under the Bill,
any deposition previously made by the witness in relation to the same subject-matter
before any court or officers or authority under the Bill, in any other place in India
or, if elsewhere, before any Indian Ambassador, shall be admissible in evidence. It
further requires such deposition to be authenticated by the signature of the presiding
officer of such court or Indian Ambassador before whom it is made and shall be
subject to certain other conditions as specified therein.
Clause 289.—This clause seeks to empower the High Court to detain a foreign
vessel that has caused the damage to property belonging to the Government or to
any citizen of India or a company, when such vessel is found within Indian
jurisdiction and empowers the proper officer to detain such vessel if it is expected
that the vessel may depart and allow the application to be made by any person to the
High Court for detention of the vessel.
Clause 290.—This clause seeks to provide that when an order for the detention
of the vessel is made, any commissioned officer of the Indian Navy or Indian Coast
Guard or any port officer, police, pilot, harbour master, conservator of port or
customs commissioner may detain the vessel under instructions of proper officer.
Clause 291.—This clause seeks to provide that if an order for the payment of
any wages or other sums of money is made by any court or other officer or authority
but has not been paid, such payment may be levied by distress and sale of the
movable property of the person directed to pay the same under a warrant to be issued
for that purpose by such a court.
Clause 292.—This clause seeks to provide for the modes in which documents
may be served on persons specified therein.
Clause 293.—This clause seeks to require the master of a vessel to inform
about birth, death, and cause of death or any other relevant details that the Central
Government may by order specify, at the next port or place of call.
Clause 294.—This clause seeks to require the master of Indian vessel to
inform the Director-General and the proper officer of the port or the next port of call
of any person missing or dying on board. It further requires the proper officer to
inquire into the causes of death and make in the official log book an endorsement to
that effect and if it appears to the proper officer that death occurred due to violence or
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other improper means, he shall report to the Director-General and in case of

emergency, take immediate steps for bringing the offender into trial.
Clause 295.—This clause seeks to provide for certain persons specified
therein to be public servants within the meaning of clause (28) of section 2 of the
Bharatiya Nyaya Sanhita, 2023 (45 of 2023).
Clause 296.—This clause seeks to empower an officer conducting
investigation and inquiry to board a vessel to inspect or detain a vessel, etc., and
prohibits any person to hinder or obstruct any officer or such person from going on
board any vessel or otherwise impede him in execution of his duties or exercise of
his powers.
Clause 297.—This clause seeks to empower the Central Government to permit
by order such alternate provisions and arrangements in order to meet the
requirements of the conventions or otherwise.
Clause 298.—This clause seeks to empower the Central Government to give
permission for a nuclear vessel to proceed to sea and give such direction to the
registered owner of the vessel for taking security measures as may be necessary.
Clause 299.—This clause seeks to exempt the application of the Bill to vessels
belonging to Government or to any class of such vessels.
Clause 300.—This clause seeks to empower the Central Government by order,
to impose or exempt any vessel or tindal or seafarer or port or any class of vessels,
from any specified requirement contained in or prescribed in pursuance of the Bill
or dispense with the observance of any such requirements if it is satisfied that the
requirements have been substantially complied with or that compliance with the
requirement is or ought to be dispensed with in the circumstances of the case. It
further provides that no such exemption shall be allowed which is prohibited by the
safety convention or pollution prevention convention.
Clause 301.—This clause grants the Director-General the power to issue
directions to any vessel, seafarer, or tindal, or ship owner, his agent, or maritime
training institute or recruitment placement service provider or port, for the purpose
of implementation of the Bill.
Clause 302.—This clause empowers the Director-General to direct any
defaulting ship owner to take such measures directed by it and also empowers it to
dispose of the vessel or cargo, or both, in case of non-compliance. It further provides
that any costs incurred in averting harm caused by such vessel shall be levied as
Government dues, which may be adjusted to the funds generated by the disposal of
the vessel or the cargo, or both.
Clause 303.—This clause empowers the Central Government to pursue any
foreign vessel that has violated any provisions of the Bill within the coastal waters,
in to the high seas.
Clause 304.—This clause seeks to empower the Central Government to take
charge and detain such vessel in the coastal waters, which is not legally entitled to
fly the flag of a State. It further deems a vessel under the flags of two or more States
using them as per convenience, to be a vessel without nationality.
Clause 305.—This clause seeks to protect any person acting in good faith from
any suit or other legal proceedings.
Clause 306.—This clause seeks to empower the Central Government to enter
into agreement with other States or organisations for effective implementation of
the provisions of the Bill.
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Clause 307.—This clause seeks to provide for the control measures including
detention of vessels. It grants the Director-General the power to modify the control
measures or order release of the vessels subject to conditions as may be deemed fit.
Clause 308.—This clause provides for the recovery of costs incidental to the
detention of the vessel, including survey costs, from the owner of vessel that is
detained. It further provides that such vessel shall not be released until the costs are
paid and faults rectified. It empowers the Central Government to prescribe by rules
the form and manner of determination of claims, compensation and damages for
detention.
Clause 309.—This clause seeks to establish the procedure for detention of
vessel other than an Indian vessel which is within the territorial waters of India,
against whom information is received from a foreign country which is a party to a
convention that the said vessel has contravened the provisions of such convention.
Clause 310.—This clause seeks to require the Director-General to supervise
and monitor regulatory functions of ports in India under the conventions to which
India is a party, and grants the power to call for information and pass such directions
as he may deem fit.
Clause 311.—This clause empowers the Central Government to direct the port
authority or Maritime Board or other authorities or agencies, to render assistance in
respect of any vessel which is abandoned on or near the coast of India or within the
coastal waters, with a view to ensuring safety, security, preventing the abandoned
vessel from posing a threat to life or property or environment, including protection
of India’s coastline or related interests from pollution or threat of pollution arising
out of the abandoned vessel. It further provides that the costs incurred by such
authorities for complying with such an order, may be reimbursed in accordance with
the prescribed procedure and such costs or expenses shall constitute a debt due to
the Central Government and shall be recoverable from the proceeds of the sale of
the vessel. It also provides that the priority of such a claim shall be immediately
after claims for wages and claims in respect of loss of life or personal injury, which
constitute maritime liens, notwithstanding the priority of maritime claims provided
in the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 (22 of
2017).
Clause 312.—This clause seeks to empower the Central Government to cancel
or suspend any certificate granted under the Bill to a seafarer for any specified
period, by way of an order, based on inquiry report or for any other default of
seafarer specified therein.
Clause 313.—This clause seeks to empower the Central Government to order
re-hearing either generally or for a part thereof in case of discovery of new and
important evidence which could not be produced at the time of investigation, or if
for any other reason there has, in its opinion, been a miscarriage of justice.
Clause 314.—This clause seeks to require every registered owner of an Indian
vessel to compulsorily maintain adequate insurance or such financial security as
may be prescribed by the Central Government.
Clause 315.—This clause seeks to provide for the filing of any form,
document, issuance of any certificate, licence, etc., and receipt or payment of money
by electronic means. It empowers the Central Government to prescribe the manner
and form in which such electronic forms shall be filed, created or issued and the
method of payment. It also provides that any agreement, record, log book, record
book required to be stored by any authority may be maintained in electronic form.
Clause 316.—This clause seeks to empower the Central Government to
classify vessels into different categories, based on activities performed or services
provided by vessels.
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Clause 317.—This clause seeks to require the service provider or agent in

respect of for Indian vessel or other vessel operating in coastal waters in relation to
import, export or domestic transportation to specify all charges to be paid by an
exporter or importer or consignor or consignee, as the case may be, in India in the
Bill of Lading or any other transport document in such mode and manner as may be
notified by the Central Government. It further empowers the Central Government
to prescribe the terms and conditions for specification of charges and issuance of
the Bill of Lading or any other transport document.
Clause 318.—This clause empowers the Director-General to call for such
information as may be required to ensure compliance with the provisions of the Bill.
Clause 319.—This clause seeks to empower the Central Government to make
rules generally to carry out the provisions of the Bill and specifies the matters in
respect of which such rules may be made.
Clause 320.—This clause seeks to provide for the publication of rules in the
Official Gazette and also makes the breach of it punishable. It further provides that
every rule made by the Central Government shall be required to be laid before each
House of Parliament.
Clause 321.—This clause seeks to empower the Central Government to make,
by order published in the Official Gazette, provisions for removal of difficulties in
giving effect to the provisions of the Bill and restrict the power to make such order
within a period of three years from the commencement of the Bill and mandates
every such order to be laid before each House of Parliament.
Clause 322.—This clause seeks to empower the Central Government to
constitute committees for the purpose of advising it when considering the making
or alteration of any rules or scales of fees under the Bill or for any other purpose
connected with the Bill.
Clause 323.—This clause empowers the Central Government, by order in
writing, to specify that the provisions of the clause shall apply to measures taken by
any other country for regulating the terms and conditions upon which goods or
passengers may be carried by sea to protect the interests of Indian shipping.
Clause 324.—This clause seeks to repeal the Merchant Shipping Act, 1958
(44 of 1958) except Part XIV thereof but not including section 411A therein and the
Coasting of Vessels Act, 1838 (19 of 1838). It provides for saving of various actions
undertaken under the said enactments as specified therein.
Clause 325.—This clause seeks to amend the Marine Aids to Navigation
Act, 2021 (20 of 2021), by inserting a new section 48A therein, so as to empower
the Director-General appointed under the Bill to issue such directions as may be
necessary, to the Director General appointed under that Act.
 FINANCIAL MEMORANDUM
The Bill seeks to repeal and re-enact the Merchant Shipping Act, 1958. The
Directorate General of Shipping headed by the Director-General of Shipping
(proposed to be re-named as Director-General of Maritime Administration under
clause 7 of the Bill) who will facilitate the implementation of the Bill, is already
in existence. The expenditure in respect of the said Directorate and of the officers
mentioned under the Bill is met from yearly Government budgetary support.
2. Clause 13 of the Bill seeks to provide for the constitution of a body for
the security of vessels and port facilities. The expenditure to be incurred towards
the said body would be met from budgetary allocation after such allocation by the
Department of Expenditure, as and when the body will be constituted. This
expenditure is not quantifiable at this stage as the structure, posts, number of
officers and other aspects are not final.
3. The budgetary allocation for the Directorate General of Shipping for the
financial year 2024-25, is one hundred eighty-six crore and eighteen lakh rupees in
the revenue head and twenty-five crore and seventy-six lakh rupees in the capital head.
Further, the receipt of non-tax revenue by the Directorate is seventy-eight crore,
nineteen thousand and sixty-four rupees in a year as on 28th November, 2024.
4. The Bill, if enacted, will not involve any other expenditure, either
recurring or non-recurring nature, from the Consolidated Fund of India.

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MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 6 of the Merchant Shipping Bill, 2024 seeks to empower the Central
Government to make rules to carry out the provisions of Chapter I of the Bill.
Sub-clause (2) of the said clause specifies the matters in respect of which such rules
may be made. These matters includes, (i) the term of office, manner of filling
vacancies and the travelling and other allowances payable to the members of the
Shipping Board and the service conditions of the Chairperson under sub-clause (8)
of clause 4; (ii) the manner of appointment of officers and other employees of the
Shipping Board and the terms and conditions of their service under sub-clause (9)
of clause 4; (iii) the composition of the Welfare Board, term of office of its members,
procedure for conduct of business and travelling and other allowances payable to
such members under sub-clause (2) of clause 5; (iv) the fee payable by owners of
vessels, procedure for collection of fees and the manner in which proceeds of such
fees shall be utilised under sub-clause (3) of clause 5; and (v) the port based welfare
facility and other measures to be taken for promoting the welfare of seafarer under
sub-clause (4) of clause 5.
2. Clause 44 of the Bill, seeks to empower the Central Government to make
rules to carry out the provisions of Part III of the Bill. Sub-clause (2) of the said
clause specifies the matters in respect of which such rules may be made. These
matters includes, (i) conditions for registration of an Indian vessel under sub-clause
(6) of clause 15; (ii) the procedure for registration of an abandoned vessel under
sub-clause (8) of clause 15; (iii) the manner and conditions for registration of a
foreign vessel chartered on a bareboat charter cum-demise contract by an Indian
charterer under clause 16; (iv) the manner, duration and conditions for temporary
registration of a vessel sought to be recycled under clause 17; (v) the procedure
for issuance of provisional certificate of registration under sub-clause (1) and
the procedure, validity, and extension or cancellation of registration under
sub-clause (2) of clause 19; (vi) the procedure, period and fees for registration and
renewal of an Indian vessel under sub-clauses (1) and (2) of clause 20; (vii) the
manner and procedure of giving evidence for the purposes of inquiring into the title
of an Indian vessel under sub-clause (4) of clause 20; (viii) the form and manner of
grant of certificate of registration and manner of determination of gross and net
tonnage for tonnage certificate under sub-clause (5) of clause 20; (ix) the manner of
granting new certificate in lieu of original certificate of registration being defaced
or mutilated under sub-clause (6) of clause 20; (x) the compliance of procedure by
the owner of registered vessel under sub-clause (7) of clause 20; (xi) the manner to
describe the name, call sign and official number of Indian vessel under
sub-clause (8) of clause 20; (xii) the manner of keeping the register book and making
entries therein and maintenance of the records of vessels registered under this Act
under sub-clause (9) of clause 20; (xiii) the procedure for registration and granting
fresh certificate under sub-clause (10) of clause 20; (xiv) the special circumstances
for grant of temporary pass and the form in which such pass shall be granted under
clause 21; (xv) the form and manner of instrument by which an Indian vessel or
share therein shall be transferred and procedure of its registration under
sub-clauses (4) and (5) of clause 23; (xvi) the procedure for transmission of property
in Indian vessel on death, insolvency, etc., under clause 24; (xvii) the manner in
which a vessel ceasing to be an Indian vessel is ordered for sale under clause 25;
(xviii) the form of mortgage and the procedure and manner in which the Registrar
shall record the mortgage in the register book, under sub-clause (1) of clause 26;
(xix) the documents required to be produced for the discharge of a registered
mortgage of a vessel under sub-clause (4) of clause 26; (xx) the form of notice under
sub-clause (3) of clause 27; (xxi) the other liabilities of mortgagee under item (d) of
clause 28; (xxii) the manner for transfer of mortgage and the form of instrument

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effecting the transfer of mortgage, under sub-clause (1) of clause 30; (xxiii) the
procedure and conditions for transmission of interest in mortgage under clause 31;
(xxiv) the manner in which the name of an Indian vessel may be changed under
sub-clause (3) of clause 32; (xxv) the fee for inspection of register book and a
certified copy of any entry of the register book under sub-clause (1) of clause 42;
(xxvi) the form and manner of application for closure of registration under
sub-clause (1) of clause 43; and (xxvii) any other matter which is required to be
made by rules.
3. Clause 53 of the Bill, seeks to empower the Central Government to make
rules to carry out the provisions of Part IV of the Bill. Sub-clause (2) of the said
clause specifies the matters in respect of which such rules may be made. These
matters includes, (i) the manning scales of the seafarers under sub-clause (1) of
clause 45; (ii) the grade of a certificate and the conditions and restrictions under
sub-clause (2) of clause 45; (iii) the requirements and procedure, other certificates
of competency or certificates of proficiency, the form of certificate, fees and the
validity of such certificate and the manner in which the records of certificates are to
be kept for grant of certificate under sub-clauses (1), (3) and (4) of clause 46;
(iv) the procedure to undertake action under sub-clause (5) of clause 47; (v) the
manner of conducting examination, the fee to be charged and the payment to be
made to the examiners under sub-clause (3) of clause 48; (vi) the procedure to appeal
against the order of issuing authority under sub-clause (7) of clause 48; (vii) the fee
for grant of certificate if lost or deprived, under sub-clause (8) of clause 48;
(viii) the certificate of endorsement under sub-clause (2) of clause 50; and (ix) any
other matter which is required to be made by rules.
4. Clause 78 and clause 113 of the Bill, seeks to empower the Central
Government to make rules to carry out the provisions of Part V of the Bill and for
giving effect to provisions of Part A and Part B of the Code of the Maritime Labour
Convention and any other provision of the Maritime Labour Convention which
has not been given effect to in this Bill. These matters includes, (i) the categories
and minimum manning scales of seafarers and the scales for different classes of
vessels under sub-clause (2) of clause 56; (ii) the conditions subject to which
vessel shall be in possession of a certificate under sub-clause (2) of clause 57;
(iii) form, the manner of the grant of the continuous discharge certificate and
seafarer’s identity documents under sub-clause (1)(c) of clause 58; (iv) the
conditions subject to which licence may be granted under sub-clause (2)(a) of
clause 58; (v) the form of certificate to be possessed by seafarer and the authority
who grants that certificate under clause 60; (vi) the authority to whom and the
form, manner and time within which the incident is to be reported and submitted
under sub-clauses (6)(e) and (f) of clause 62; (vii) other responsibilities of the
recruitment and placement agency under sub-clause (6)(g) of clause 62; (viii) the
form and manner of seafarer’s employment agreement under sub-clause (1) of
clause 63; (ix) the rate of interest on the wages payable to a seafarer under
sub-clause (2) of clause 64; (x) the hours of rest given to every seafarer under
clause 65; (xi) the conditions of annual paid leave under clause 66; (xii) the
circumstances and conditions for repatriation of seafarers under sub-clause (1) of
clause 67; (xiii) the financial security and manner of repatriation under
sub-clause (2) of clause 67; (xiv) the indemnity amount to be paid to the seafarer under
clause 68; (xv) the number of seafarers to be employed under clause 69; (xvi) the
accommodations and recreational facilities for seafarers under clause 70; (xvii) the
measures for providing protection of health and medical care to seafarers under
clause 72; (xviii) the branches of social security protection to seafarers under
clause 75; (xix) the terms and conditions and the period during which a seafarer
shall not be entitled to wages under sub-clause (1) of clause 79; (xx) the exceptions
where a seafarer shall not be disentitled to claim wages under sub-clause (2) of
clause 79; (xxi) the manner of discharge from service of seafarer under sub-clause (1)
of clause 80; (xxii) the manner of discharge of property under clause 81;
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(xxiii) the restrictions and conditions for utilisation of any amount deposited with or
recovered by shipping master under clause 82; (xxiv) the qualifications and
experience of persons appointed to the Tribunal under sub-clause (1) and any other
matter under sub-clause (4)(e) of clause 89; (xxx) the period of disposing the
reference and submitting award by the Tribunal under sub-clause (7) of clause 89;
(xxxi) the extent and conditions while a seafarer shall be maintained or sent to a
proper return port, under sub-clause (2) of clause 91; (xxxii) the form and manner of
certificate under sub-clause (3) of clause 93; (xxxiii) the terms, conditions and
manner of protecting a seafarer under sub-clause (2) of clause 94; (xxxiv) the form
and manner of maintaining logbook under sub-clause (1) of clause 112; and
(xxxv) any other matter which is required to be made by rules.
5. Clause 130 of the Bill, seeks to empower the Central Government to make
rules to carry out the provisions of Part VI of the Bill. Sub-clause (2) of the said
clause specifies the matters in respect of which such rules may be made. These
matters includes, (i) the conditions subject to which the vessel shall comply with the
conventions, agreements or treaties to which India is a party, and the safety and
security requirements under sub-clause (1) of clause 116; (ii) the safety and security
requirements for different classes of vessels and the certificates under sub-clause (2)
of clause 116; (iii) the manner and authority for reporting the particulars of incidents
under sub-clauses (1) and (2) of clause 117; (iv) the manner and authority for
reporting the particulars of incidents under sub-clause (9) of clause 118; (v) the
equipment and certified operators under clause 120; (vi) the information relating to
stability of passenger ship under sub-clause (2) of clause 121; (vii) the requirements
for safety and security management under sub-clause (1) of clause 129; and
(viii) any other matter which is required to be made by rules.
6. Clause 143 of the Bill, seeks to empower the Central Government to make
rules to carry out the provisions of Part VII of the Bill. Sub-clause (2) of the said
clause specifies the matters in respect of which such rules may be made. These
matters includes, (i) the manner of providing equivalence or granting exemption to
any vessel or person under the second proviso to clause 131; (ii) substances within
the meaning of “harmful substances” under item (a) of clause 132; (iii) equipment
and requirements and conditions under sub-clause (2) of clause 133; (iv) pollution
prevention standards and requirements for designated areas under sub-clause (4) of
clause 133; (v) the form, duration and conditions for granting certificate under
sub-clause (5) of clause 133; (vi) the manner of obtaining permission for dumping
in coastal waters under sub-clause (7) of clause 133; (vii) the conditions of
complying conventions, agreements or treaties and types of certificates and
documents specified under sub-clauses (1) and (2) of clause 134; (viii) the manner
of inspection of certificates by a surveyor under sub-clause (2) of clause 135;
(ix) the form and manner of maintaining record book, nature of entries to be made
therein, the custody and disposal thereof, and other matters under clause 136; (x) the
particulars of the incident, the authority and the manner of reporting under
sub-clause (1) of clause 138; (xi) the measures for the monitoring, detection and
control of pollution under clause 140; (xii) the reception facilities, surveillance,
supervisions and guidance under sub-clause (1) of clause 142; and (xiii) any other
matter which is required to be made by rules.
7. Clause 152 of the Bill, seeks to empower the Central Government to make
rules to carry out the provisions of Part VIII of the Bill. Sub-clause (2) of the said
clause specifies the matters in respect of which such rules may be made. These
matters includes, (i) the requirements for different classes of vessels, company or
ports for survey, audit and certification under sub-clause (1) of clause 144; (ii) the
manner of re-survey, audit and certification of vessel, company or port and
modification, revocation, suspension, cancellation or surrender of the certificates
and documents under sub-clause (4) of clause 144; (iii) the certificates to be
possessed by a vessel, company or port under clause 145; (iv) any other convention
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relating to survey, audit or certification under item (k) of clause 147; (v) any other
power of the surveyor or other person under sub-clause (2)(d) of clause 150; (vi)
any other matter for compliance of which inspections may be conducted under
sub-clause (1)(c) of clause 151; (vii) the form and manner for reporting under
sub-clause (2) of clause 151; and (viii) any other matter which is required to be made
by rules.
8. Clause 174 of the Bill, seeks to empower the Central Government to make
rules for carrying out the provisions of Chapter I and Chapter II of Part IX of the
Bill. Sub-clause (2) of the said clause specifies the matters in respect of which such
rules may be made. These matters includes, (i) the time within which the master or
ship owner or his agent shall report the accident under clause 160; (ii) the limits of
liability under proviso to sub-clause (1) of clause 165; (iii) the amount of limit of
liability of the ship owner for loss of life or personal injury to passengers of a vessel
under clause 166; (iv) other financial security and authority competent to detain
under sub-clauses (1) and (4) of clause 172; and (v) any other matter which is
required to be made by rules.
9. Clause 195 of the Bill, seeks to empower the Central Government to make
rules to carry out the provisions of Chapter III of the Bill. Sub-clause (2) of the said
clause specifies the matters in respect of which such rules may be made. These
matters includes, (i) the time limit and manner of constitution of the limitation fund
under sub-clause (1) of clause 182; (ii) the time and other particulars of the notice
under sub-clause (1) of clause 183; (iii) the procedure for establishment of fund and
adjudication of claims arising from incidents of oil pollution under sub-clause (4)
of clause 183; (iv) the threshold limit of tonnage of oil to be carried in bulk and the
limit of liability for pollution damage under the proviso to sub-clause (1) of
clause 188; (v) the form, particulars and fee of certificate to be granted under
sub-clause (2) of clause 188; (vi) the procedure for enforcement of judgement under
sub-clause (2) of clause 192; and (vii) any other matter which is required to be made
by rules.
10. Clause 210 of the Bill, seeks to empower the Central Government to make
rules to carry out the provisions of Chapter IV of the Bill. Sub-clause (2) of the said
clause specifies the matters in respect of which such rules may be made. These
matters includes, (i) the limits of liability of the insurer or other person providing
financial security under sub-clause (2) of clause 205; (ii) the form of certificate,
particulars, conditions and fee for issuance of certificate under sub-clause (1) of
clause 206; (iii) the manner of renewal of certificate and fees under sub-clause (2)
of clause 206; (iv) the procedure for enforcement of a judgment under
sub-clause (2) of clause 209; and (v) any other matter which is required to be made
by rules.
11. Clause 222 of the Bill, seeks to empower the Central Government to make
rules to carry out the provisions of Chapter V of the Bill. Sub-clause (2) of the said
clause specifies the matters in respect of which such rules may be made. These
matters includes, (i) subsidiary or commonly controlled entity or person under
sub-clause (1)(a) of clause 212; (ii) the mode and manner of conversion from special
drawing rights to rupees under sub-clause (4) of clause 216; (iii) the source of fund
and manner of disbursement of compensation from fund established under clause
221; and (iv) any other matter which is required to be made by rules.
12. Clause 230 of the Bill, seeks to empower the Central Government to make
rules to carry out the provisions of Part X of the Bill. Sub-clause (2) of the said
clause specifies the matters in respect of which such rules may be made. These
matters includes, (i) the circumstances under which the nodal authority shall carry
out maritime emergency response under sub-clause (4) of clause 228; (ii) adequate
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insurance coverage or other financial security under clause 229; and (iii) any other
matter which is required to be made by rules.
13. Clause 260 of the Bill, seeks to empower the Central Government to make
rules to carry out the provisions of Part XII of the Bill. Sub-clause (2) of the said
clause specifies the matters in respect of which such rules may be made. These
matters includes, (i) the other criteria to determine whether a wreck constitute a
hazard or not under item (q) of clause 237; (ii) the manner of marking wreck under
sub-clause (1)(a) of clause 238; (iii) the manner of giving detailed information of
the hazard under sub-clause (1) of clause 242; (iv) the other financial security under
sub-clause (1) of clause 244; (v) the criteria for claiming rewards, manner of fixing
rewards, payment of special compensation, apportionment of payment and the effect
of misconducts of salvors on reward or payment under sub-clause (2) of clause 253;
(vi) the circumstances under which salvage operation shall be exercised under
sub-clause (4) of clause 254; (vii) the qualification, experience, terms and conditions
subject to which salvors shall be approved under clause 255; (viii) the procedure to
settle the dispute under clause 256; and (ix) any other matter which is required to be
made by rules.
14. Clause 280 of the Bill, seeks to empower the Central Government to make
rules to carry out the provisions of Part XIII of the Bill. Sub-clause (2) of the said
clause specifies the matters in respect of which such rules may be made. These
matters includes, (i) the manner of decision under sub-clause (2) of clause 263;
(ii) the scale of manning and fittings, material, appliances and apparatus under
sub-clause (1) of clause 264; (iii) policy of insurance under sub-clause (2) of
clause 264; (iv) different manning scales for different categories of Indian fishing
vessels, areas and types of fishing operations under sub-clause (1), conditions and
restrictions for serving on an Indian fishing vessel and number of persons for
manning fishing vessels and their qualifications and other requirements, under
sub-clauses (2) and (3) of clause 265; (v) the requirements and manner of grant of
certificate under sub-clause (1) of clause 266; (vi) the certificates, requirements and
manner under sub-clause (3) of clause 266; (vii) the form, fee and validity period of
certificate under sub-clause (4) of clause 266; (viii) the criteria for approving
training institute, training courses and method of conduct of such training course for
the grant of certificate of competency or certificate of proficiency under sub-clause (2)
of clause 267; (ix) the form and manner and fee payable for conduct of examination
under sub-clause (3) of clause 268; (x) the form and manner for agreement with
fisher under item (a) of clause 271; (xi) the certificates required to ply or proceed to
sea by a vessel under sub-clause (1) of clause 273; (xii) the manner of grant of
certificate and the period of such certificate under sub-clause (2) of clause 273;
(xiii) the form for maintaining a statement of the crew of the vessel and other
particulars under sub-clause (1) of clause 275; and (xiv) any other matter which is
required to be made by rules.
15. Clause 319 of the Bill, seeks to empower the Central Government to make
rules to carry out the provisions contained elsewhere in the Bill. Sub-clause (2) of
the said clause specifies the matters in respect of which such rules may be made.
These matters includes, (i) the salary, allowances and other terms and conditions of
service of the officers under sub-clause (2) of clause 8; (ii) the powers and functions
of the senior radio surveyors and radio inspectors under sub-clause (2) of
clause 10; (iii) the matters relating to security of vessels and port facilities under
sub-clause (3) of clause 13; (iv) other functions of the body under sub-clause (4)(d)
of clause 13; (v) the form and manner to prefer an appeal before the
Director-General under sub-clause (2) of clause 282; (vi) the manner of detention of
vessel under sub-clause (1) of clause 304; (vii) other relevant requirements under
sub-clause (1) of clause 307; (viii) such other measures which shall constitute
control measures under sub-clause (5)(h) of clause 307; (ix) such other requirements
under Explanation to clause 307; (x) the form and manner of determination of claims
and compensation or damages for detention of a vessel under sub-clause (2) of
clause 308; (xi) the procedure for reimbursement of costs or expenses, including the
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the manner of determination of the rates for services rendered, to the authority or
agency under sub-clause (4) of clause 311; (xii) insurance coverage or other
financial security to be maintained by registered owner of an Indian vessel under
clause 314; (xiii) the manner and form of filing, creating or issuing electronic forms
and documents and the manner or method of payment of fee or charges for such
filing, creating or issuing under sub-clauses (2)(a) and (b) of clause 315;
(xiv) procedure for preferring an appeal and officer under sub-clause (4) of
clause 317; (xv) the form and manner of informing the Central Government of any
requirement or prohibition imposed or threatened or to be imposed pursuant to the
measures taken by any other country under sub-clause (2) of clause 323; and
(xvi) any other matter which is required to be made by rules.
16. The matters in respect of which the aforementioned rules may be made are
matters of procedure and administrative detail, and as such, it is not practicable to
provide for them in the proposed Bill itself. The delegation of legislative power is
therefore, of a normal character.
 LOK SABHA

————

A
BILL
to consolidate and amend the law relating to merchant shipping to ensure
compliance with India’s obligation under the maritime treaties and
international instruments to which India is a party and also to ensure the
development of Indian shipping and efficient maintenance of Indian
mercantile marine in a manner best suited to serve the national interest and
for matters connected therewith or incidental thereto.

————

(Shri Sarbananda Sonowal, Minister of Ports, Shipping and Waterways)

 LOK SABHA
------
CORRIGENDA
to
The Merchant Shipping Bill, 2024
[To be/As introduced in Lok Sabha]

S. No. Page No. Line(s) No. For Read

1. Page (i), Against “Surveyor” “Surveyors”

in the Clause 9
Arrangement
of Clauses

2. Page (iii), Against “involving seafares” “involving seafarer”

in the Clause 83
Arrangement
of Clauses

3. Page (viii), Against “Receivers” “Receiver”

in the Clause 235
Arrangement
of Clauses
4. Page (xi), Against “Repeal” “Repeals”
in the Clause 324
Arrangement
of Clauses
5. 11 In marginal “Surveyor” “Surveyors”
heading
against
clause 9
6. 12 34 “Armed Police” “Armed”
7. 34 19 “or is likely” “or are likely”
8. 44 45 “prescribe[d” “prescribed”
9. 81 23 “Sub-Center of” “Sub-Centre of”
10. 81 29 “Sub-Center of” “Sub-Centre of”

NEW DELHI;

December 7, 2024_________
Agrahayana 16, 1946 (Saka)