The Merchant Shipping Act, 2025

(ACT NO. 24 OF 2025)

[As on the 1st July, 2026]

AMENDMENT ACT

1. The Jan Vishwas (Amendment of Provisions) Act, 2026 (8 of 2026).

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LIST OF ABBREVIATIONS USED

Cl., cls. . . . . . for Clause, clauses.

Ins. . . . . . ,, Inserted.

Notifn. . . . . . ,, Notification.

S., ss. . . . . . ,, Section, sections.

Sch. . . . . . ,, Schedule.

Subs. . . . . . ,, Substituted.

w.e.f. . . . . . ,, with effect from.

THE MERCHANT SHIPPING ACT, 2025

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ARRANGEMENT OF SECTIONS

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PART I

PRELIMINARY

SECTIONS

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. Surveyors.

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.

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.

SECTIONS

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.

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.

SECTIONS

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 seafarer.

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.

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

SECTIONS

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.

PART VII

PREVENTION AND CONTAINMENT OF POLLUTION FROM VESSEL AND RESPONSE

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.

SECTIONS

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.

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.

SECTIONS

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.

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.

PART X

MARINE INCIDENT AND EMERGENCY RESPONSE

223. Application of this Part.

224. Definitions.

225. Appointment of nodal authority for marine incidents.

226. Primary response party.

227. Plans and procedures for response mechanisms.

SECTIONS

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. Receiver 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.

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.

SECTIONS

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.

PART XIV

PENALTIES AND PROCEDURES

281. Offences and penalties.

282. Authority for imposition of penalty and procedure therefor.

282A. Compounding for certain offences.

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.

SECTIONS

310. Obligations of ports under conventions and monitoring thereof by Director-General.

311. Power of Central Government in respect of abandoned vessels.

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. Repeals and savings.

PART XVI

AMENDMENT TO THE MARINE AIDS TO NAVIGATION ACT, 2021

325. Amendment of Act 20 of 2021.

THE MERCHANT SHIPPING ACT, 2025

ACT NO. 24 OF 2025

[18th August, 2025.]

An Act 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-sixth Year of the Republic of India as follows:—

PART I

PRELIMINARY

1. Short title and commencement.—(1) This Act may be called the Merchant Shipping Act, 2025.

(2) It shall come into force on such date1 as the Central Government may, by notification in the

Official Gazette, appoint, and different dates may be appointed for different provisions of this Act.

2. Application of Act.—(1) Save as otherwise provided, the provisions of this Act shall apply 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.

(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.

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.

3. Definitions.—In this Act, unless the context otherwise requires,—

(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 support; or

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 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

1. 15th day of March, 2026, vide Notifn. No. S.O. 1244(E), dated 10th day of March, 2026, see Gazette of India,

Extraordinary, Part II, sec. 3 (ii).

Central Government duly notifying the 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 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 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 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;

(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 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 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 Zone and Other Maritime Zones Act, 1976

(80 of 1976);

(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;

(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, along with any part of the

adjoining maritime zones of India within the meaning of the Terriorial Waters, Continental Shelf,

Exclusive Economic Zone and Other Maritime Zones Act, 1976 (80 of 1976), or any other law for

time being in force;

(13) “coasts” include the coasts of creeks and any part of the sea or 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 of the Companies Act,

2013 (18 of 2013);

(15) “convention” means an international convention to which India is 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, 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 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;

(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;

(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 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

(22) “Indian ambassador” means the ambassador, high commissioner, 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 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 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;

(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, 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 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 vessel on the business of the

vessel;

(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

(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 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;

(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, 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 Act, 2021 (1 of 2021);

(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;

whose supervision the terminal or place 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;

(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 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;

(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;

(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, 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;

(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;

(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 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 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 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 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 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,

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;

(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 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;

(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 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;

(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 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 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;

(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:—

(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;

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 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

4. Establishment of National Shipping Board.—(1) With effect from such date as the Central

Government may, by notification, specify in this behalf, there shall be established a Board to be called

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:—

(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 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 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 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 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 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.

(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 employees and the manner of

their appointment and the terms and conditions of their service shall be such as may be prescribed.

5. Constitution of Seafarer’s Welfare Board.—(1) With effect from such date as the Central

Government may, by notification specify in this behalf, there shall be constituted an advisory board to

be called as Seafarer’s Welfare Board (hereinafter referred to as the Welfare 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;

(b) the establishment of clubs, canteens, libraries and other like amenities for the benefit of

seafarers;

(d) the provision of educational and other facilities for seafarers;

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

of this Chapter.

(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;

(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;

of business and the travelling and other 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

(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

7. Director-General of Maritime Administration.—(1) The Central Government may, by

notification, 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 by or under

this Act.

(2) The Central Government may, by general or special order, direct that any power, authority or

jurisdiction exercisable by it under or in relation to any such provisions of this Act as may be specified

in the order shall, subject to such conditions and restrictions as may be so specified, be exercisable also

by the Director-General or 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 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 the general

superintendence and control of the Director-General.

8. Officers.—(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:—

(a) Additional Director-General;

(b) Deputy Director-General;

(d) Surveyors, which shall include the following, namely:—

(i) nautical advisor;

(ii) chief surveyor;

(iii) chief ship surveyor;

(iv) principal officer;

(v) deputy nautical advisor;

(vi) deputy chief surveyor;

(vii) deputy chief ship surveyor;

(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 master;

(f) director which shall include deputy director or assistant director;

(g) senior radio surveyor;

(h) radio inspector;

(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.

9. Surveyors.—The Central Government may, by notification, appoint, as many persons 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. Senior radio surveyors and radio inspectors.—(1) The Central Government may, by

notification, appoint, as many senior radio surveyors and radio inspectors as it may consider necessary

for the 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 inspectors shall be such as may

be prescribed.

11. Mercantile Marine Department.—(1) The Central Government may establish and maintain at

each of the ports of Mumbai, Kolkata, Chennai, Kochi, Kandla and such other ports or places 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.

(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 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. Shipping office.—(1) The Central Government may, by notification, establish a shipping office

at every port in India in which it thinks it necessary so to do, and shall as it may consider necessary,

appoint thereto—

(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

(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 may specify, and thereupon the same shall be conducted accordingly.

13. Body for security of vessels and port facilities.—(1) The Central Government may, by

notification, constitute 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 therein.

(2) The administration of the body shall vest in the officer who shall head 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:

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:—

(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;

(d) any other functions as may be prescribed.

PART III

REGISTRATION OF VESSELS

14. Application of this Part.—This Part shall apply to sea-going vessels.

15. Indian vessel and its registration.—(1) No vessel shall be an Indian vessel unless such vessel

is owned by any of the following persons and in such proportion of ownership as may be 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 Act having its registered

office or principal place of business in India; or

behalf.

(2) No vessel which is wholly owned by an Overseas Citizen of India shall be required to be

registered as an Indian vessel.

(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 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.

(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 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 this Act may be registered under this Act in accordance

with such procedure as may be prescribed.

16. Registration of Indian chartered foreign vessels.—Any foreign vessel chartered on a bareboat

charter-cum-demise contract by an Indian charterer may be registered under this Part in such manner

and 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. Temporary registration of vessels sought to be recycled.—Any vessel not registered under

this Act which is sought to be recycled in India in accordance with the provisions of the Recycling of

Ships Act, 2019 (49 of 2019) and the rules made thereunder, may be registered temporarily under this

Part in such manner, for such duration and subject to such conditions as may be prescribed.

18. Registrar of Indian vessels.—The principal officer of the Mercantile Marine Department or

such person as the Central Government may, by notification authorise, shall be the Registrar of Indian

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

19. Provisional registration of Indian vessel.—(1) If, at any port or place a vessel becomes entitled

to be registered as an Indian vessel, the Registrar may grant a provisional certificate of registration in

accordance with such procedure as may be prescribed and such provisional certificate shall have the

effect of a certificate of registration.

(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. Procedure for registration of Indian vessels.—(1) An Indian vessel shall be registered in

accordance with such procedure, for such period and on payment of such fee as may be prescribed.

(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 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 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 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 as may be prescribed.

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

(a) actually, or constructively lost;

(b) taken by the enemy;

(d) for any reason, ceasing to be an Indian vessel; or

(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 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 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.

21. Temporary pass in lieu of certificate of registration.—Where, pursuant to an application for

registration made before the Registrar, a certificate of registration has not been granted to a vessel within

the specified period, but it appears to the Central Government that by reason of such 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.

22. Custody and use of certificate.—(1) The certificate of registration shall be used only for the

lawful navigation of the vessel and shall at all times remain in the custody of the person 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.

(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 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.

23. Transfer of Indian vessel or shares.—(1) No person shall transfer or acquire any Indian vessel

or any share or interest therein at any time during which the security of India or any part of the 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 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 referred under sub-section (1).

(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 their employment on that

vessel have been paid in accordance with the provisions of this Act;

that vessel;

(d) any unpaid statutory fees that may be levied on the vessel has been 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 shall be registered by the

Registrar in accordance with such procedure as may be prescribed.

24. Transmission of property in Indian vessel on death, insolvency, etc.—The property in an

Indian vessel or share therein may be transmitted to a person on the death or insolvency of any registered

owner or by any lawful means other than by a transfer under this Act subject to such conditions as may

be prescribed.

25. Order for sale where vessel has ceased to be an Indian vessel.—Where, by reason of the

transmission of any property in a vessel or a share therein on death, insolvency or otherwise, a vessel

ceases to be an Indian vessel, it may be ordered to be sold in such manner as may be prescribed.

26. Mortgage of vessel or share.—(1) The mortgage of an Indian vessel shall be in the prescribed

form and 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 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.

(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

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 mortgage itself.

27. Rights of mortgagee.—(1) 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:

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 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.

(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.

28. Liability of mortgagee.—When, during the continuance of the mortgage, the mortgagee takes

possession of the mortgaged vessel or is asserting a claim before the court for 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;

and

(d) such other liability as may be prescribed.

29. Mortgage not affected by insolvency.—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, notwithstanding that the mortgagor, at the commencement of his insolvency, had the 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.

30. Transfer of mortgages.—(1) A registered mortgage of a vessel or share may be transferred to

any person in such manner and the instrument effecting the transfer shall be in such 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.

31. Transmission of interest in mortgage in certain circumstances.—The transmission of the

interest of a mortgagee in a vessel or share on death, or insolvency, or by any lawful means other than

by a transfer under this Act shall be in accordance with such procedure and subject to such conditions

as may be prescribed.

32. Rules as to name of vessel.—(1) An Indian vessel shall not be described by any name other than

that by which she is for the time being registered.

(2) The Registrar may refuse the registration of any Indian vessel by the name by which it is proposed

if that name is already borne by another vessel or if the name be so similar as is calculated or likely to

deceive.

(3) A change shall not be made in the name of an Indian 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 control to omit to do anything required under this section,

the vessel may be detained until the provisions of this section are complied with:

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. Registration of alterations.—When a registered vessel is so altered as not to correspond with

the particulars relating to her tonnage or description contained in the register book, then, if the alteration

is made at any port having a Registrar, that Registrar, or if it is made elsewhere, the Registrar of the first

port 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:

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. Provisional certificate and endorsement where vessel is to be re-registered.—Where any

Registrar, not being the Registrar of the vessel's port of registry, on an application as to an alteration in

a vessel directs the vessel to be re-registered, he shall either grant a provisional certificate describing

the vessel as altered, or provisionally endorse the particulars of the alteration on the existing certificate.

35. Transfer of registration.—The registration of any vessel may be transferred from one port or

place of registry to another on an application to the Registrar of the existing 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 same manner as if no such transfer had been

effected.

36. Restrictions on re-registration of abandoned vessel.—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.

37. National colours for Indian vessels.—(1) The Central Government may, by notification,

declare the proper national colours for all Indian vessels and for all vessels owned by the Government

and different colours may be declared for different classes of vessels.

(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.

(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 on board a vessel which is not an Indian vessel shall, for 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.

38. Concealment of Indian or assumption of foreign character.—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.

39. Liabilities of vessel not recognised as Indian vessel.—Where it is declared by this Act that an

Indian vessel shall not be recognised as such, that vessel shall not be entitled to any privileges, benefits,

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 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.

40. Proceedings on forfeiture of vessel.—Where any vessel has either wholly or as to any share

therein become subject to forfeiture under this Part, any commissioned officer of the 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 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.

41. Liability of owners.—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 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 may be taken against both or either

of the said parties jointly or severally.

42. Evidence of register book, certificate of registration and other documents.—(1) A person

may on application to the Registrar and on payment of such fees as may be prescribed, inspect any

(2) A certified copy of an entry in a register book shall be admissible in 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.

43. Closure of registration.—(1) The owner of an Indian vessel may make an application to the

Registrar in such form and manner as may be prescribed, to close its registration 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 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.

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

of this Part.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may

provide for all or any of the following matters, namely:—

(a) the 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;

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 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 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 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;

(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;

(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 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;

(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;

(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 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;

(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.

PART IV

MARITIME EDUCATION AND TRAINING

45. Certificates to be held by seafarers.—(1) Every Indian vessel shall have seafarers with manning

scales, based on categories of vessel, areas and types of operations, as may be prescribed.

(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 Director-General, may serve on Indian vessels subject to

such conditions and restrictions as may be prescribed.

46. Certificate of competency and certificate of proficiency.—(1) An officer notified by the

Central Government as the issuing authority shall, subject to the provisions of the Standards of Training,

Certification and Watchkeeping for Seafarers Convention, grant a certificate 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 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 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 be prescribed.

47. Training for grant of certificate of competency and certificate of proficiency.—(1) The

Director-General shall administer, supervise and monitor all activities relating to maritime education,

training and assessment and approve the training institutes, training courses including onboard training,

as applicable and method of conduct of such training course for the grant of certificate of 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.

(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 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 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 Director-General may by order, specify.

48. Examination for grant of certificates.—(1) The Central Government shall appoint such

persons having the qualifications in accordance with the Standards of Training, Certification and

Watchkeeping for Seafarers Convention as examiners for the purposes of assessing and examining the

competence of persons desirous of obtaining 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, 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.

(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 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.

(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 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.

(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 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.

49. Production of certificate of competency.—(1) The master of every vessel shall on demand,

produce to the proper officer the certificates of competency of the seafarers of the vessel along with a

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 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 watchkeeping

duties in ports and at sea.

50. Recognition of certificates of competency granted in other States.—(1) Where in a State other

than India, certificate of competency is granted under any law for the time being in force in that State

which is similar to those referred to in this Act, then if the Central Government is 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 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 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 under this Act.

51. Foreign vessel not to sail without seafarers having certificate.—(1) Every master of a foreign

vessel shall, before proceeding to sea from any port or place in India, ensure that the vessel has the

requisite number of seafarers of appropriate grades in compliance with the Safety Convention and

Standards of Training, Certification and Watchkeeping for Seafarers Convention.

(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 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 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. Obligations of certain certificate holders to serve on Indian vessels.—Every Indian citizen

holding a certificate of competency or certificate of proficiency or certificate recognised under

section 50, shall, at any time during which the security of India is threatened or during a proclamation

of emergency issued under clause (1) of article 352 of the Constitution, be liable to serve on Indian

vessel for such period and on such terms and conditions as the Central Government may, by general or

special order, specify in this behalf.

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

of this Part.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may

provide for all or any of the following matters, namely:—

(a) the manning scales of the seafarers based on different categories of vessel, areas and types of

operations under sub-section (1) of section 45;

(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;

proficiency to the different grades of seafarer 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 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 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;

(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.

PART V

SEAFARERS

54. Application of this Part.—Save as otherwise provided, this Part shall apply to,—

(a) every seafarer;

(b) recruitment and placement service; and

55. Definitions.—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 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 placing seafarers with the employers;

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 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.

56. Classification of seafarers.—(1) Notwithstanding anything contained in any other law for the

time 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.

(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.

57. Application of maritime labour standards to seafarers and vessels.—(1) The provisions

relating to maritime labour standards as contained in the Maritime Labour Convention, shall apply to

all seafarers and vessels registered under this Act, but shall not apply to,—

(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;

(d) vessels of war or naval auxiliaries.

(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.

(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 purposes of offences and penalties under sections 281 and 282.

58. Duties of shipping master, director and seafarer’s welfare officer.—(1) It shall be the duty of

the shipping master to—

(a) monitor and facilitate the engagement and discharge of seafarers in the manner provided

under this Act;

(b) provide means for securing the presence onboard at the proper times of seafarers who are

so engaged;

and manner as may be prescribed;

(d) hear and decide disputes between a master, ship owner or his agent and any of the seafarers;

(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 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 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;

(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;

(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;

(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;

(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.

(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.

59. Minimum age for seafarers.—No person under the age of sixteen years shall be engaged,

employed or work onboard any vessel.

60. Medical certificate.—No person shall engage or carry to sea any seafarer to work in any 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.

61. Training and qualifications.—(1) The Central Government may, by order, direct that the

seafarers 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.

(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 accordance with the mandatory

instruments adopted by the International Maritime Organisation.

62. Recruitment and placement of seafarers.—(1) The seafarer shall be engaged only by,—

(a) the recruitment and placement service agency possessing the licence granted under this Part;

(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, 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;

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 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;

(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;

(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 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.

(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 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;

(b) ensure that the ship owner repatriates abandoned seafarers along with their maintenance and

required medical assistance before such repatriation;

(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 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 may be

prescribed;

(g) undertake such other responsibilities as may be prescribed.

63. Agreement with seafarers.—(1) The master or owner of every Indian vessel or recruitment and

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 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, may engage in any port in India—

(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 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 he has freely entered into an agreement with

sufficient understanding of his rights and responsibilities.

64. Wages.—(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 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, 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

(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.

65. Hours of rest.—Every ship owner shall ensure that every seafarer in his employment is given

such hours of rest as may be prescribed.

66. Entitlement to leave.—Every ship owner of an Indian vessel shall ensure that seafarers are

allowed paid annual leave subject to such conditions as may be prescribed.

67. Repatriation.—(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.

(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 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 accordance with the provisions of sub-section (3) or sub-section (4) of section 91.

68. Compensation for vessel’s loss or foundering.—In case of loss or foundering of any vessel,

the ship owner shall pay to each seafarer onboard such indemnity against unemployment resulting from

such loss or foundering, as may be prescribed.

69. Manning levels.—Every vessel shall employ such number of seafarers, as may be 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.

70. Accommodation and recreational facilities.—Every ship owner shall provide and maintain

such accommodations and recreational facilities for seafarers working or living onboard, or both,

consistent with promoting the seafarer’s health and well-being, as may be prescribed.

71. Food and catering.—(1) Every ship owner shall provide for food and drinking water having

quality, nutritional value and quantity that adequately covers the requirements of 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 Director-General.

72. Medical care.—It shall be the duty of the ship owner to take such measures for providing

protection of health and medical care, at no cost to seafarers employed onboard the vessel, as may be

prescribed.

73. Ship owners’ liability.—(1) The ship owner shall 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 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.

74. Health and safety protection and accident prevention.—Every ship owner shall ensure that

seafarers working onboard the vessel are provided with occupational health protection and they live,

work and train onboard vessel in a safe and hygienic environment, in accordance with such guidelines

as the Director-General may by order, specify.

75. Social security.—All seafarers shall have access to such branches of social security protection

as may be prescribed.

76. Flag State responsibilities.—(1) The Central Government shall, for the purposes of giving effect

to the provisions of Part A of the Code of the Maritime Labour Convention relating to flag State

responsibilities, make rules for all or any of the following matters, namely:—

(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;

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.

(2) The Central Government shall, by order, specify such Indian vessels which shall carry and

maintain Declaration of Maritime Labour Compliance.

77. Port State responsibilities.—(1) The Central Government shall, for the purposes of giving effect

to 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;

(b) establishing a procedure for inspections in port;

(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 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.

78. Rules for enforcement of Maritime Labour Convention.—(1) The Central Government shall,

for the purposes of giving effect to the provisions of Part A of the Code of the Maritime Labour

Convention, make rules for all or any of the following matters, namely:—

(a) minimum age;

(b) medical certificate;

(d) recruitment and placement;

(e) seafarers’ employment agreements;

(f) payment of wages;

(g) hours of work and hours of rest;

(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;

(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.

(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).

79. Payment of wages.—(1) Where the service of any seafarer engaged under this Act is 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 shall not be entitled to

wages, as may be prescribed.

(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 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, 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 commencement of a voyage, three

month’s wages.

80. Discharge of seafarers.—(1) A seafarer serving in an Indian vessel shall, on termination of his

engagement, be discharged in such manner as may be prescribed.

(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 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 67.

(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,—

(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 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:

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 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.

81. Wages and property of deceased seafarers and seafarers left behind.—If any seafarer is left

behind or lost overboard or is deceased, the master shall enter in the official logbook a statement of the

amount due to the seafarer in respect of wages at the time when he was left behind or lost overboard or

is deceased, and of all property left onboard by him, and shall take such property into his charge and

discharge the property in such manner as may be prescribed.

82. Certain undisbursed amounts to be utilised for welfare of seafarers.—Any amount deposited

with or recovered by the shipping master as wages or for making payment in accordance with the

allotment note made by a seafarer or for being paid to a seafarer or his nominee may, if such amount

remains unclaimed with the shipping master for a period of not less than six years, be utilised for the

welfare of seafarer in such manner and subject to such restrictions and conditions as may be prescribed.

83. Shipping master to adjudicate disputes involving seafarer.—(1) Where under the agreement

with the seafarer any dispute arises between the master, ship owner or his agent and any of the seafarer

of the vessel, it shall be submitted to the shipping master.

(2) Any dispute of an Indian seafarer, on a vessel registered in a State other 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 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.

(4) 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 court.

(5) Nothing in the Arbitration and Conciliation Act, 1996 (22 of 1996) shall apply to any matter

submitted to a shipping master for decision under this section.

84. Power of shipping master to require production of documents.—In any proceedings under

this Act before a shipping master relating to the wages, claims or discharge of a seafarer, the shipping

master may require the ship owner or his agent, master or seafarer to produce any logbooks, papers, or

other documents in his possession or in his power relating to any matter in question in the proceedings,

and may require the attendance of and examine any of those persons.

85. Wages not recoverable outside India in certain cases.—Where a seafarer is engaged for a

voyage which is to terminate in India, he shall not be entitled to sue in any court outside India for wages

unless he is discharged with such sanction as is required by this Act and with the written consent of the

master, or proves such ill-usage on the part, or by the authority, of the master, as to warrant a reasonable

apprehension of danger to his life if he were to remain onboard.

86. Summary proceedings for wages.—(1) A seafarer or a person duly authorised by him, as soon

as any wages due 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 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.

87. Restrictions on suits for wages.—A proceeding for the recovery of wages due to a seafarer shall

not be instituted by or on behalf of any seafarer in any civil court except where,—

(a) the ship owner has been declared insolvent;

(b) the vessel is under arrest or sold by the authority of any court; or

88. Remedies of master for wages, disbursements, etc.—(1) The master of a vessel shall, so far as

the case permits, have the same rights, liens and remedies for the recovery of his wages as a seafarer

has under this Act or by any law or custom.

(2) Every master shall have the same rights, liens and remedies for the 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 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. Power to refer disputes between seafarers and employers to Tribunal.—(1) Where the

Central Government is of the opinion that any dispute between seafarer or any class of seafarers or of

any union of seafarers and the ship owners in which such seafarers are employed or are likely to be

employed exists or is apprehended and such dispute relates to any matter connected with or incidental

to the employment of the seafarers, the Central Government may, by notification, constitute a Tribunal

consisting of one or more persons, having such qualifications and experience as may be prescribed

including having knowledge of maritime matters, and refer the dispute to the Tribunal for adjudication.

(2) The Tribunal shall not be bound by the procedure laid down by the Code of Civil Procedure, 1908

(5 of 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 in the Bharatiya Sakshya

Adhiniyam, 2023 (47 of 2023).

(4) The Tribunal shall, for the purposes of discharging its functions under this Act, have power to

regulate its own procedure and shall have the same powers as are vested in a civil court under the Code

of Civil Procedure, 1908 (5 of 1908), 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;

(b) compelling the production of documents;

(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 proceeding within the

meaning of section 229 and section 267 of the Bharatiya Nyaya Sanhita, 2023 (45 of 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.

(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:

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 enforceable

subject to such modifications.

(9) An award which has become enforceable under this section shall be binding on—

 In page 33, line 19, of Act No. 24 of 2025, for the word “matter”, read “matters”, Vide Corrigenda dated 30th September,

2025, published in the Gazette of India, Extraordinary, Part. II, Sec. 1.

(a) all parties to the dispute;

(b) where any party to the dispute is the ship owner, his heirs, successors, or assignees.

(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.

(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.

(13) Nothing contained in the Industrial Disputes Act, 1947 (14 of 1947) shall apply to 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 are likely to be employed.

(14) During the pendency of proceedings under this section,—

(a) no seafarer or class of seafarers or union of seafarers shall go or remain on strike or otherwise

act in a manner prejudicial to the normal operation of the vessels in which the seafarer is employed

or is likely to be employed; and

(b) no ship owner shall,—

(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.

90. Recovery of wages, etc., of seafarers lost with vessel.—Where a seafarer is missing or lost with

the vessel to which he belongs, the Central Government or such officer as the Central Government may

appoint in this behalf may recover the wages and the compensation due to him from the 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 same manner as with the wages and compensation

due to other deceased seafarers under this Act.

91. Relief and maintenance of abandoned seafarers.—(1) The Indian ambassador at or near the

place where a seafarer is abandoned shall, on an application being made to him by the abandoned

seafarer, provide in accordance with the rules made under this Act for the return of that seafarer to a

proper return port and also for 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.

(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

an abandoned seafarer shall be liable, 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 settlement of

such debt.

(4) All excepted expenses incurred by or on behalf of the Central Government in accordance with

the provisions of this Act shall constitute a debt due to the Central Government for which the seafarer

in respect of whom they were incurred and the 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 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 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 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 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 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 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

incurred in conveying him to a port after shipwreck and maintaining him while being so

conveyed;

(i) for the port at which the seafarer entered into, or is believed to have entered into, an

agreement; or

(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.

92. Replacement crew onboard abandoned vessels.—(1) If the ship owner of any abandoned

Indian vessel or any foreign vessel abandoned on or near the coast of India or within its coastal waters

fails to 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.

(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 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 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 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 meaning

of this Act.

93. Inspection by shipping master, etc.—(1) A shipping master, surveyor, seafarer's welfare officer,

Indian 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 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;

(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;

(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.

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 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 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 officer, authority or organisation authorised by it in this

behalf, in accordance with the provisions of the Maritime Labour Convention.

94. Special provisions for protection of seafarers in respect of litigation.—(1) A seafarer shall for

the purposes of this Part, 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 from such agreement.

(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. Facilities for making complaint.—If a seafarer states to the master that he desires to make a

complaint to a Judicial Magistrate of the first class or other proper officer against the master or 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

(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. Vessel not to be boarded without permission.—Where a vessel has arrived at a port or place

in India at the end of a voyage and any person, not being in the service of the Government or not being

duly authorised by law for the purpose, goes 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.

97. Misconduct endangering life or vessel.—No seafarer belonging to an Indian vessel wherever

it may be, or to any other vessel while in India, shall knowingly,—

(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

(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.

98. Desertion and absence without leave.—(1) No seafarer lawfully engaged shall,—

(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 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:

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 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 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:

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 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 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.

(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 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.

99. General liability against discipline.—(1) Any seafarer lawfully engaged shall be liable to

penalty or be guilty of an offence under this Act, if he commits any of the following acts, namely:—

(a) if he quits the vessel without leave after her arrival at her port of delivery and before she is

placed in security;

(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;

(d) if he continues to wilfully disobey any lawful commands or if he 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 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 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:

Provided that no order of suspension or cancellation shall be passed unless the person concerned has

been given an opportunity of being heard.

100. Smuggling of goods by seafarer.—(1) If a seafarer engaged is convicted of an offence of

smuggling any goods, whereby loss or damage is occasioned to the master or ship owner, he shall be

liable to pay to that master or ship owner, a sum sufficient to reimburse the loss 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 as may be specified in the direction.

101. Entry of offences in official logbook.—If any offence of desertion or absence without leave

under section 98 or offence against discipline under section 99 is committed, or if any act of misconduct

is committed for which the offender’s agreement imposes a fine and it is intended to enforce the

fine,—

(a) an entry of the offence or act shall be made in the official 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 read over distinctly and audibly to him and may thereupon make such reply thereto

as he thinks fit;

over and the reply, if any, made by the offender shall likewise be entered and signed in the manner

aforesaid; and

(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.

102. Report of desertions and absences without leave.—Whenever any seafarer engaged outside

India on an Indian vessel deserts or otherwise absents himself in India without leave, the master of the

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.

103. Entries and certificates of desertion abroad.—(1) In every case of desertion from an Indian

vessel whilst such vessel is at any place out of India, the master shall produce the entry of desertion in

the 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.

(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.

104. Facilities for proving desertion in proceedings for forfeiture of wages.—(1) Whenever a

question arises whether the wages of any seafarer are forfeited for desertion from a vessel, it shall be

sufficient for the person insisting on the forfeiture to show that the seafarer was duly engaged in or

belonged to the 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 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.

105. Application of forfeitures.—Where any wages or other property are under this Act forfeited

for 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 reimbursement, shall be paid to the Central Government.

106. Decision of questions of forfeiture and deduction in suits for wages.—Any question

concerning the forfeiture of or deductions from the wages of a seafarer may be determined in any

proceeding lawfully instituted with respect to those wages, notwithstanding that the offence in respect

of which the question arises, though by this Act made punishable by imprisonment as well as forfeiture

has not been made the subject of any criminal proceeding.

107. Payment of fines imposed under agreement to shipping master.—(1) Every fine imposed

on a seafarer for any act of misconduct under his agreement shall be deducted and paid as follows,

namely:—

(a) if the offender is discharged at any port or place in India and the offence and such entries in

respect thereof are proved to the satisfaction of 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 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.

(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.

108. Seafarer not to be enticed to desert.—No person shall,—

(a) by any means whatever persuade or attempt to persuade a seafarer 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 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. Stowaways and seafarers carried under compulsion.—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.

110. On change of master, documents to be handed over to successor.—(1) If, during the progress

of a voyage the master of any Indian vessel is removed or superseded or for any other reason quits the

vessel and is succeeded in the command by some other person, he shall deliver to his successor

documents relating to navigation of the vessel and the seafarers thereof which are in his 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.

(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 be passed unless the

master has been given a reasonable opportunity of being heard.

111. Deserters from foreign vessels.—(1) Where it appears to the Central Government that due

facilities are or shall be given by the Government of any State outside India for recovering and

apprehending seafarers who desert from Indian vessels in that State, the Central 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, 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 owner or his agent to be so conveyed and any such

warrant or order may be executed accordingly.

112. Official logbook.—(1) Every vessel of two hundred tons gross or more shall maintain an

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 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 after such arrival.

113. Power to make rules.—(1) In addition to the power of the Central Government to make 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:—

(a) discharge of seafarers;

(b) payment of wages;

(d) rights of seafarers in respect of wages;

(e) mode of recovering wages;

(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 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, 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;

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;

(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;

(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;

(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 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 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 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;

(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;

(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 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 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;

(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.

PART VI

SAFETY AND SECURITY

114. Application of this Part.—This Part, unless otherwise exempted, shall apply in relation to

matters on safety and security, to—

(a) Indian vessel and other vessels registered in India under this Act, except vessels covered under

Part XIII;

(b) vessel other than Indian vessel when such vessel is within India, including coastal waters;

(d) company.

115. Definitions.—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 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 in section 116.

116. Safety and security requirements.—(1) Every vessel shall, subject to such conditions as may

be prescribed, comply with the provisions of the following international conventions, treaties or

agreements, as applicable, namely:—

(a) the Safety Convention;

(b) the Load Lines Convention, 1966;

(d) the Convention on the International Regulations for Preventing Collisions at Sea, 1972;

(e) the International Convention on Maritime Search and Rescue, 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 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 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 prescribed.

117. Reporting of incidents.—(1) When an incident relating to the safety and security takes place

on 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 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 abandoned, or a report from such

vessel is incomplete, the Central Government shall fix the responsibility on the master of the vessel.

118. Obligations to render assistance on receiving signal of distress and to persons in

danger.—(1) The master of an Indian vessel, on receiving at sea a signal of distress or information from

any source that a vessel or aircraft is in distress shall proceed with all speed to the assistance of the

persons in distress informing them, if possible, that he is doing so unless he is unable or in the special

circumstances of the case considers it unreasonable or unnecessary to do so or unless he is released from

such obligation under the provisions of sub-section (3).

(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 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 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 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 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.

(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 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 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.

119. Search and rescue services.—The Central Government shall, whenever necessary, make

arrangements 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.

120. Radio communication requirements.—Every Indian vessel shall be equipped and maintained

with such communication equipment, distress and safety equipment and shall be provided with such

certified operators as may be prescribed.

121. Information about vessel’s stability.—(1) Every Indian vessel shall carry onboard such

information relating to the stability of the vessel and the effects of any damage control and general

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 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.

122. Submersion of load lines.—(1) No vessel, other than a vessel exempted from the provisions

of this 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.

(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.

123. No vessel to carry passenger without certificate.—(1) No vessel shall carry passengers

between ports or places in India or 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, 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;

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

(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

(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.

124. Vessel not to proceed to sea without valid safety and security certificates.—No vessel shall

proceed to sea unless such vessel is in possession of valid certificates referred to in sub-section (2) of

section 116.

125. Penalties for certain acts.—(1) A person shall be liable to penalty under this Act if he commits

any of the following acts, namely:—

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

(b) onboard molest any person; or

(d) wilfully refuses or neglects to quit the vessel on arrival at destination; or

(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 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.

(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.

126. Vessel not to carry cargo or passengers in contravention of Act.—(1) No vessel shall carry

or attempt to carry cargo without the required certificate in contravention of this Part or shall have

onboard or in any part thereof a cargo which is not in accordance with the certificate held by the vessel.

(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 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 may, by order, specify in this behalf.

127. Unseaworthy vessel not to be sent to sea.—(1) Every person who sends or attempts to send 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.

(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 person charged under this

section may give evidence in the same manner as any other witness.

128. Obligation of ship owner, master or agent with respect to seaworthiness.—(1) In every

contract of service, express or implied, between the owner of a vessel and the master or any seafarer

thereof, there shall be implied, irrespective of any agreement to the contrary, an obligation on the ship

owner that 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 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, arrange for a survey of the hull, equipment or

machinery of any sea-going vessel by a surveyor or any person so authorised.

129. Safety and security management.—(1) Every vessel, company or port facility shall comply

with such safety and security management requirements as may be prescribed.

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

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

of this Part.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may

provide for all or any of the following matters, namely:—

(a) the conditions subject to which the vessel shall comply with the conventions, treaties or

agreements to which India is a party and the safety 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 section 116;

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 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;

(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.

PART VII

PREVENTION AND CONTAINMENT OF POLLUTION FROM VESSEL AND RESPONSE

131. Application of this Part.—Save as otherwise provided, this Part shall apply to,—

(a) Indian vessel and every other vessel registered in India;

(b) vessel other than an Indian vessel;

(d) vessel that enters a port, shipyard or offshore terminal or place in 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

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” 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 Shelf,

Exclusive Economic Zone and Other Maritime Zones Act, 1976 (80 of 1976), or any 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 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. Definitions.—In this Part, unless the context otherwise requires,—

(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 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 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 vessels, platforms or other man-made structures at sea,

operating for the 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 Convention on the

Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972;

facilities and terminals;

(d) “vessel” means a vessel of any type, whatsoever, operating in the 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.

133. Control of discharge or emission of harmful substances or dumping at sea.—(1) Save as

otherwise provided, all vessels shall be under an obligation to prevent discharge or emission of harmful

substances or mixtures containing harmful substances.

(2) All Indian vessels shall be fitted with such equipment and comply with such requirements and

conditions relating to construction, survey of equipment 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.

(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.

(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 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.

134. Prevention and containment of pollution and response.—(1) Every vessel shall, subject to

such conditions as may be prescribed, comply with the provisions of the following international

conventions, as applicable, namely:—

(a) the MARPOL Convention;

(b) the Anti-Fouling Systems Convention;

(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:

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 depending on the type,

size, nature and area of operation of the vessel as may be prescribed.

135. Vessel not to proceed to sea without valid pollution prevention certificates.—(1) No vessel

shall proceed to sea unless such vessel is in possession of valid certificates required under the convention

or agreement or treaty referred to in section 134.

(2) A vessel shall carry a valid certificate onboard and shall be subject to 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 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 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 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. Record books.—Every Indian vessel shall maintain such books of record in such form and

manner and the nature of entries to be made in the books of record, the custody and disposal thereof,

and all other matters relating thereto, shall be such as may be prescribed.

137. Power to deny entry, detain or move vessel.—(1) Where the Central Government has

reasonable grounds to suspect that a vessel which proposes to enter a port in India does not comply with

the requirements of this Part, it may direct the port to deny entry to such vessel.

(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.

(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. Power to take measures for containment of pollution and reporting of incidents.—(1)

Where an incident in which the cargo or harmful substances escape or is likely to escape from a vessel

causes or threaten to cause pollution of air, marine environment or any part of coasts or coastal waters,

the master of every vessel shall report the particulars of such incident to such authority in such manner

as may be prescribed.

(2) The Central Government shall, upon receiving information regarding any incident of pollution

under sub-section (1), immediately take notice of such incident 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:—

(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;

(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 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 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.

(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 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 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 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 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 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.

139. Power of Central Government to give directions.—(1) For the purposes of taking any

measures under section 138, the Central Government or any other officer authorised by it in this behalf,

may, by an order in writing, direct the owner of any Indian vessel or equipment to provide such services

or assistance as may be specified in that order.

(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 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,—

(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,

for the purposes of this Part and it shall be the duty of every such officer or office or organisation to

render assistance.

140. Measures for detection of pollution.—The Central Government shall prescribe such measures

as it may deem appropriate and practical, for the monitoring, detection and control of pollution under

this Part.

141. Appointment of analysts.—The Central Government may appoint such persons as analysts for

the purposes of incidents of pollution under this Part and specify the scope of powers to be exercised by

an analyst in this regard.

142. Reception facilities.—(1) Every port shall provide such reception facilities and surveillance,

supervision and guidance thereof as may be prescribed, taking into account the 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

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.

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

of this Part.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may

provide for all or any of the following matters, namely:—

(a) the 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;

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 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 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 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 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 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

SURVEY, AUDIT AND CERTIFICATION

144. Survey, audit and certification.—(1) Every Indian vessel, company or port shall unless

otherwise exempted by the Central Government, be surveyed or audited or certified for verification of

compliance with the conventions specified in section 147 and such requirements for different classes of

vessels, company or port, as may be 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 audited as per the requirements under this Act, grant

certificate or documents to such vessel, company or port.

(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 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, 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

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. Certificates.—Every vessel, company or port shall, unless exempted under this Part, be in

possession of such certificates as may be prescribed.

146. Power of surveyor.—(1) Save as otherwise provided, a surveyor may at any reasonable time,

go onboard a vessel and may inspect or audit the vessel or any part thereof, the 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 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 certificates of the seafarers, as the surveyor may require.

147. Compliance of provisions of convention.—Every vessel, company or port shall be surveyed,

audited and certified to confirm compliance with the following conventions as applicable, namely:—

(a) the Safety Convention;

(b) the MARPOL 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 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);

(j) the Maritime Labour Convention, 2006; or

(k) any other convention relating to survey, audit or certification as may be prescribed.

148. Recognition of certificates granted outside India.—A valid certificate granted under a

convention in respect of a vessel other than an Indian vessel by the Government of the State to which

the vessel 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.

149. Grant of certificate to foreign vessels in India and Indian vessels in foreign States.—(1)

The Central Government may, at the request of the Government of a State to which a convention applies,

cause an appropriate convention certificate to be granted in respect of a vessel registered or to be

registered in that State, if it is satisfied in like manner as in the case of an Indian vessel that such

certificate may be granted and where a certificate is granted at such a request, it shall contain 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 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.

150. Power to call for information.—(1) The Central Government, surveyor, or any other person

authorised in this behalf, shall have the power to require the master of a vessel to which this 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 (5 of 1908), in respect of the

following matters, namely:—

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring discovery and production of any document;

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

(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.

151. Power to conduct inspections.—(1) The Central Government may, by notification, appoint

such persons to conduct inspections of any vessel to which this Part applies, in order to—

(a) verify whether the vessel has violated any provisions of this Act or 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;

(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 sub-section (2), take any action

or direct the master of the vessel to take such action as may be required.

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

of this Part.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may

provide for all or any of the following matters, namely:—

(a) the 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;

(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) 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;

(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

153. Application of this Chapter.—(1) This Chapter shall apply to,—

(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 Chapter IV of this Part shall be

adjudicated in accordance with the provisions of those Chapters.

154. Apportionment of liability.—(1) Each vessel shall bear its own damage if the collision is

accidental or the cause of the collision is not determined.

(2) If the collision is caused by the fault of one of the vessels, the liability 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 of the

vessel which has committed the fault.

(3) If the collision is caused by the fault of two or more vessels, the liability 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:

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 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 (22 of 2017), namely:—

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

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

155. Damage or loss of vessel, cargo or property.—(1) Whenever, by fault of two or more vessels,

damage or loss is caused to one or more of them or to the cargo of one or more of them or to any property

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.

(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 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.

156. Joint and several liability for loss of life or personal injury.—(1) Whenever loss of life or

personal injuries are suffered by any person onboard a vessel owing to the fault of that vessel and any

other vessel, the liability 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 section relates.

157. Right of contribution.—(1) Whenever loss of life or personal injuries are suffered by a person

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 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 by the persons entitled to sue therefor.

(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 instance.

158. Duty of master of vessel to assist in case of collision.—(1) In every case of collision between

two vessels, it shall be the duty of the master or person in-charge of each vessel in and so far as he can

do so without danger to his own vessel, seafarers and passengers, if any,—

(a) to render to the other vessel, her master, seafarers and passengers, 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 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. Collision to be entered in official logbook.—In every case of collision in which it is

practicable so to do, the master of every vessel shall immediately after the occurrence, cause a statement

thereof 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. Report to Director-General of accidents to vessels.—When an Indian vessel or other vessels

to which this Chapter applies, has sustained or caused any accident occasioning loss of life or any serious

injury to any person or has received any material damage affecting her seaworthiness or her efficiency

either in her hull or is so altered in any part of her machinery as not to correspond with the particulars

contained in any of the certificates 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

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. Notice of loss of Indian vessel to be given to Director-General.—If the owner or agent of any

Indian vessel has reason, owing to the non-appearance of the vessel or to any other circumstance, to

apprehend that the vessel is wholly lost, he shall as soon as may be, send notice in writing to the 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

LIMITATION OF LIABILITY FOR MARITIME CLAIMS

162. Limitation of liability for damages in respect of certain claims.—(1) The ship owner or

salvor or any person for whose act, neglect or default, the ship owner or salvor, or any such person is

responsible, and the insurer of liability for such claims, may limit his liability for claims in respect of—

(a) loss of life or personal injury or loss of or damage to property 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;

(b) loss resulting from delay in the carriage by sea of cargo, passengers or their luggage;

direct connection with the operation of the vessel or salvage operations;

(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;

(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 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.

(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 relating to civil liability for oil

pollution damage;

prohibiting limitation of liability for nuclear damage;

(d) claims against the ship owner of a nuclear vessel for nuclear 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

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.

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;

(b) “ship owner” means the owner, charterer, manager or operator of a sea-going vessel.

163. Conduct barring limitation.—A person shall not be entitled to limit his liability under

section 162, if it is proved that the loss resulted from his personal act or omission, committed with the

intent to cause such loss, or committed recklessly and with knowledge that such loss is likely to result.

164. Counter claims.—Where a person entitled to limitation of liability under this Chapter has a

claim against the claimant arising out of the same occurrence, their respective claims shall be set off

against each other and the provisions of this Chapter shall apply only to the balance, if any.

165. Limits of liability.—(1) The limits of liability for claims other than passenger claims under

section 166 arising on any distinct occasion, shall be calculated in accordance with the provisions of the

Limitation of Liability for Maritime Claims Convention:

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 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, 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.

166. Limit for passenger claims.—In respect of claims arising on any distinct occasion for loss of

life or personal injury to passengers of a vessel, the limit of liability of the owner thereof 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 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. Aggregation of claims.—(1) The limits of liability determined under section 165 shall apply to

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, neglect or default he is responsible; or

in respect of which the salvage services are rendered and any person for whose act, neglect or default,

such salvor is responsible.

(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.

168. Constitution of limitation fund.—(1) Any person alleged to be liable may constitute a fund

with the 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 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 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 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 such persons or ship owners or salvors or their

insurers.

169. Limitation of liability without constitution of a limitation fund.—(1) Limitation of liability

may be invoked notwithstanding that a limitation fund has not been constituted under section 168.

(2) In case the right to limitation of liability is invoked without the constitution of a limitation fund

under section 168,—

(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 of such claims.

(3) Section 171 shall not be applicable unless a limitation fund is constituted under section 168.

170. Distribution of fund.—(1) Subject to the limits of liability under sections 165 and 166, the

fund shall be distributed among the claimants in proportion to their established 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 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.

(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 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 such person to enforce his claim against the fund at

such later date.

171. Bar to other actions.—(1) Where a fund is constituted under section 168, any person having

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.

(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 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.

172. Compulsory insurance or other financial security for maritime claims subject to

limitation.—(1) Every registered owner of an Indian vessel and of any vessel other than an Indian

vessel entering or departing a port in India or operating in the coastal waters shall maintain compulsory

insurance or such other financial security from an insurer or organisation as may be prescribed, in

respect of such vessel.

(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 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. Scope of application of this Chapter.—(1) The provisions of this Chapter shall apply to any

person referred to in section 162 who seeks to limit his liability before the High Court or seeks to 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

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.

(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.

174. Power to make rules for matters under Chapters I and II of this Part.—(1) The Central

Government may make rules to carry out the provisions of Chapter I and this Chapter.

(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 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;

(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;

vessel under section 166;

(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.

CHAPTER III

CIVIL LIABILITY FOR OIL POLLUTION DAMAGE

175. Application of this Chapter.—This Chapter shall apply to,—

(a) pollution damage caused by,—

(i) Indian vessel within the jurisdiction of any contracting party 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 pollution damage.

176. Definitions.—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;

(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;

or not, including a State or any of its 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:

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

(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;

(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 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 registered in that State as the operator

of such ship.

177. Liability of ship owner.—(1) Save as otherwise provided in sub-sections (2) and (3), the ship

owner shall be liable for any pollution damage caused by the ship as a result of the incident and where

the incident consists of a series of occurrences, from the time of the first of such occurrences.

(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 damage by a third party;

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 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.

(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;

the ship;

(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),

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.

178. Joint and several liability for ships.—When an incident involving two or more ships occur

and pollution damage results therefrom, all the ship owners concerned, unless exonerated under

sub-section (3) of section 177, shall be jointly and severally liable for all such damage which is not

reasonably separable.

179. Jurisdiction of High Court.—(1) The admiralty jurisdiction of the respective High Courts

under the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 (22 of 2017), shall be

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 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.

180. Jurisdiction where pollution damage occurs in two or more States.—Where pollution

damage occurs in the territory of one or more other contracting parties to the Civil Liability Convention,

or preventive measures have been taken to prevent or minimise pollution damage in the territory of such

contracting parties, claims for compensation may be brought in the courts of any such contracting party:

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.

181. Limitation of liability.—(1) The ship owner may limit his liability under this Chapter in respect

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 and with knowledge that such damage is likely to result.

182. Constitution of limitation fund.—(1) Any ship owner, desiring to avail of the benefit of

limitation of his 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.

(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.

(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.

(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.

(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 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 Procedure, 1908 (5 of 1908) to transfer the claims to the High Court

where such fund was established.

183. Claims for compensation where fund is established.—(1) Upon constitution of the fund, the

High Court or the Central Government shall issue a notice inviting claims against the fund arising from

the particular incident of oil pollution, within such time and containing such other 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 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 establishment of the

fund and adjudication of claims arising from an incident of oil pollution.

184. Acquisition of right for compensation by subrogation.—(1) Where, before the fund is

distributed, the ship 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 up to 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 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. Consolidation of claims and distribution of fund.—(1) The High Court or the Central

Government shall consolidate all claims against the fund including those arising out of subrogation

under section 184.

(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 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.

186. Arrest and sale of ship if ship owner, etc., unable to satisfy claims for compensation.—(1)

Where the High Court makes an order for compensation which the ship owner has not complied with

and such owner has not established a fund, an application may be made by a person entitled to

compensation to that court to arrest the ship responsible for the incident or any ship owned by such

person.

(2) The High Court may direct the amount remaining unpaid after 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 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.

187. Restriction on enforcement of claims after establishment of fund.—Where the ship owner

after an incident has constituted a fund in accordance with this Chapter and is entitled to limit his

liability,—

(a) no person having a claim for pollution damage arising out of that 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 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.

188. Compulsory insurance or other financial security.—(1) The owner of every ship carrying

more than two thousand tons of oil in bulk as cargo shall in respect of such ship maintain an insurance

or other 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 carrying such tons of oil in

bulk, to maintain insurance or other financial security to cover his liability for pollution damage up to

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 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 Liability Convention.

189. Acceptance of certificate granted outside India.—Any certificate granted by a competent

authority in a State outside India to a ship registered in that State or any certificate granted by a

competent authority of a State 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 granted under this

Act.

190. Ban on entering or leaving an Indian port without certificate.—(1) No Indian vessel which

has onboard more than two thousand tons of oil in bulk as cargo 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.

(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.

(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. Direct action against insurer or other person providing financial security.—(1) The insurer

or other person providing financial security for the ship owner's liability for pollution damage may be

directly liable for any claim for compensation for such damage which may be brought directly against

such insurer or other person.

(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 of such limits

of liability as specified in the said 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 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.

(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.

 In page 69, line 24, of Act No. 24 of 2025, for the word “himself such”, read “himself of such”, Vide Corrigenda dated 30th

September, 2025, published in the Gazette of India, Extraordinary, Part. II, Sec. 1.

192. Recognition of judgment of court of contracting parties to Civil Liability

Convention.—(1) Any judgment passed by a competent court of contracting party under the Civil

Liability Convention shall be recognised in India, except where,—

(a) the judgment was obtained by fraud; or

(b) the ship owner or the insurer or the person providing financial security who is a party to the

proceedings was not given reasonable notice and a fair opportunity to present his 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 re-opened.

193. Limitation period.—(1) The rights of compensation under this Chapter shall be extinguished

unless action is brought within a period of—

(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.

194. Government ships.—Nothing in this Chapter shall apply to any warship or any ship for the

time being used by the Government of any State for purposes other than commercial purposes.

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

of this Chapter.

(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) of section 183;

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) 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;

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

CHAPTER IV

CIVIL LIABILITY FOR BUNKER OIL POLLUTION DAMAGE

196. Application of this Chapter.—This Chapter shall apply to,—

(a) pollution damage caused due to escape or discharge of bunker oil 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;

(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 purposes;

(b) pollution damage specified in Chapter III of this Part.

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

(a) “Bunker Convention” means the International Convention on Civil Liability for Bunker Oil

Pollution Damage, 2001;

(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;

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 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 seaborne craft of any type whatsoever;

(f) “ship owner” means the owner, including the registered owner, bareboat charterer, manager

and operator of the ship.

198. Liability for bunker oil pollution.—(1) Save as otherwise provided in section 200,—

(a) where pollution damage is caused due to discharge or escape of bunker oil onboard or

originating from the ship, the ship owner shall be liable for,—

(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 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 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.

199. Exemption from liability.—(1) No liability for pollution damage shall be incurred by the ship

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 ship owner; or

authority responsible for the maintenance of lights or other navigational aids in the exercise of that

function.

 In page 71, line 12, of Act No. 24 of 2025, for the word “sea borne”, read “seaborne”, Vide Corrigenda dated 30th

September, 2025, published in the Gazette of India, Extraordinary, Part. II, Sec. 1.

(2) If the ship owner proves that the pollution damage resulted wholly or 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.

200. Right of ship owner to limitation of liability.—(1) The ship owner and the person providing

insurance or other financial security shall be entitled to limit his liability under this Chapter in respect

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 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.

201. Determination of limitation of liability.—A ship owner who is alleged to have incurred a

liability for bunker oil pollution under section 198 or his insurer may make an application to the High

Court or the Central Government for determination of limitation of his liability in accordance with the

provisions of Chapter II of this Part.

202. Consolidation of claims and distribution of amount.—The High Court or the Central

Government may consolidate all claims against the ship owner or his insurer who has deposited the

amount under section 201 and may distribute the amount amongst the claimants in accordance with the

provisions of section 170.

203. Extinguishment of right to claim.—(1) The right to claim compensation under this Chapter

shall be 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.

(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.

204. Maintenance of compulsory insurance or other financial security.—Every registered owner

of a ship having gross tonnage of more than one thousand tons shall, for the purpose of his liability for

pollution damage under this Chapter, maintain compulsory insurance coverage or such other financial

security, subject to such limits as may be specified under the Limitation of Liability for Maritime Claims

Convention.

205. Direct action against insurer or other person providing financial security.—(1) The insurer

or other person providing financial security for the ship owner’s liability for pollution damage may also

be liable along with the ship owner for any claim for compensation for such damage.

(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 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 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 party to such proceedings.

206. Grant of certificate.—(1) The Central Government shall grant a certificate in respect of every

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.

(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. Ban on entering or leaving port without clearance.—(1) No ship shall enter or leave or

attempt to enter or leave any port or place to which this Chapter applies unless it carries onboard a

certificate granted under section 206.

(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 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. Right of recourse.—Nothing contained in this Chapter shall prejudice the right of recourse that

the ship owner may have against any other person in respect of his liability.

209. Recognition of judgment of court of contracting parties to Bunker Convention.—(1) Any

judgment passed by a competent court of a contracting party under the Bunker Convention shall be

recognised in India except where,—

(a) the judgment was obtained by fraud; or

(b) the ship owner or the insurer or the person providing financial security who is a party to the

proceedings was not given reasonable notice and a fair opportunity to present his 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 re-opened.

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

of this Chapter.

(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 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;

(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

INTERNATIONAL OIL POLLUTION COMPENSATION FUND

211. Application of this Chapter.—This Chapter shall apply to pollution damage caused in the

territory of 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.

212. Definitions.—(1) In this Chapter, unless the context otherwise requires,—

(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.

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 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 Testing and Materials’ Specification for Number Four Fuel Oil

(Designation D 396-69)”, or heavier;

Article 2 of the Fund Convention;

(d) “Fund Convention” means the International Convention on the 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.

(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.

213. Contribution to Fund.—(1) All contributions to the Fund in respect of contributing oil carried

by sea to ports or terminal installations in India shall be payable in accordance with Articles 10 and 12

of the Fund Convention.

(2) 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—

(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 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 waterborne transportation, including any facility

situated offshore and linked to such site.

214. Contribution payable by persons to Fund.—(1) The contributions payable to the Fund by a

person for any year shall be,—

(a) such amount as may be determined under Article 12 of the Fund Convention;

(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 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. Liability of Fund.—(1) Where any person suffering pollution damage is unable to obtain full

and adequate compensation for the damage under the Civil Liability Convention, the Fund shall be liable

to pay compensation to such person, if,—

(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 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

(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, 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.

(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), be exonerated to the

extent the ship owner may have been exonerated under the Civil Liability Convention.

216. Limitation of liability of Fund.—(1) The liability of the Fund under section 215 shall be

subject to the limits specified in Article 4 of the Fund Convention.

(2) Upon institution of a claim for compensation under this Chapter, the 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

(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.

217. Power to call for information.—(1) The Central Government may, for the purpose of

transmitting 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 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

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 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;

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 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.

218. Claims against Fund and jurisdiction of courts.—(1) Any claim against the Fund for

compensation under this Chapter shall be brought before the High Court.

(2) The Fund shall have the right to intervene as a party to any legal proceedings instituted in the

High Court against the ship owner or his guarantor.

(3) Where a notice of proceedings is given to the Fund by the High 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.

219. Extinguishment of claims.—Notwithstanding anything contained in any other law for the time

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,

within three years from the date when the damage occurred and six years from the date of the incident

that caused such damage.

220. Subrogation and right of recourse.—In respect of any sum paid by a public authority in India

or by the Fund as compensation for pollution damage, that authority or the Fund shall acquire by

subrogation any rights which the person so compensated would have enjoyed under the Fund

Convention.

221. Power of Central Government to establish fund for excess claim.—The Central Government

may establish a fund for the pollution damage exceeding the amount payable under this Part and the

source of fund and manner of disbursement of compensation from such fund shall be such as may be

prescribed.

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

of this Chapter.

(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;

(b) the mode and manner of conversion of Special Drawing Rights to rupees under

sub-section (4) of section 216;

section 221;

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

PART X

MARINE INCIDENT AND EMERGENCY RESPONSE

223. Application of this Part.—This Part shall apply to marine incidents occurring directly or in

connection with the operations of,—

(a) Indian vessels; and

(b) vessels other than Indian vessels which enter a port or offshore terminal or place in India or

within her coastal waters.

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

(a) “marine incident” means an event, or sequence of events, occurring directly in connection

with the operation of a vessel that 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;

(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.

225. Appointment of nodal authority for marine incidents.—(1) The Central Government shall,

by notification, appoint one or more nodal authorities who shall administer and supervise the marine

incidents and the corresponding maritime emergency response.

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

Government.

226. Primary response party.—(1) The ship owner or master, seafarers of the concerned vessel and

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 marine incidents.

227. Plans and procedures for response mechanisms.—The Central Government shall notify plans

for prevention of marine incidents and procedures for maritime emergency responses.

228. Powers of nodal authority.—(1) Notwithstanding anything contained in any other law for the

time being in force, it shall be lawful for the nodal authority to issue directions in 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 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 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.

229. Maintenance of compulsory insurance or other financial security.—Every registered owner

of an Indian vessel or any other vessels which enter a port, shipyard or offshore terminal or place in

India or within coastal waters shall, for the purpose of covering his liability under this Part, maintain

adequate insurance coverage or such other financial security as may be prescribed, and carry onboard a

certificate or document showing compliance with such requirement.

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

of this Part.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may

provide for all or any of the following matters, namely:—

(a) the circumstances under which the nodal authority shall carry out 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;

PART XI

INVESTIGATION AND INQUIRIES ON MARINE CASUALTIES

231. Marine casualties and report thereof.—(1) For the purposes of investigation and inquiries

under this Part, a 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 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;

(b) on or near the coast of India, any vessel causes loss or material damage to any other vessel or

to external infrastructure;

otherwise, onboard any vessel, on or near the coast 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 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 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.

(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 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 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.

(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 meaning as assigned to

it in clause (a) of section 115.

232. Power of Central Government to initiate proceedings.—On receipt of the marine safety

investigation report under sub-section (6) of section 231, or if the Central Government 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, it may—

(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.

PART XII

WRECK AND SALVAGE

CHAPTER I

WRECK

233. Application of this Chapter.—This Chapter shall apply to the wrecks located within the

territory of 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.

234. Definitions.—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;

(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.

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;

(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

(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;

(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;

(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 casualty;

(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”, “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.

235. Receiver of wreck.—(1) The Central Government may, by notification, appoint any person to

be a receiver of wreck who shall receive and take possession of wreck and 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 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. Duty to report wrecks.—(1) When any Indian vessel or any ship other than an Indian vessel,

is 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-Centre of

Indian Coast Guard.

(2) When any Indian vessel is involved in a maritime casualty resulting in a 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-Centre of Indian Coast Guard.

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 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. Determination of hazard.—The Central Government shall determine whether a wreck

constitute a 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;

(d) the proximity to protected areas including coral reefs and other 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 requirements of

the United Nations Convention on the Law of the Sea, 1982;

(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 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;

(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;

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

(q) any other criteria as may be prescribed.

238. Locating and marking of wrecks.—(1) When a wreck is determined to be a hazard, it shall be

the duty of the ship owner or the operator of such a ship, to—

(a) immediately mark the wreck at his or its own cost in such manner 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.

239. Power to pass over adjoining lands.—(1) Whenever a ship is wrecked, stranded or in distress,

all persons may, for the purpose of rendering assistance to the ship or of saving the lives of 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

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, the amount payable in respect of such damage shall be determined

by a Magistrate on an application made to him in this behalf.

240. Prohibition of certain acts in respect of wreck.—No person shall,—

(a) without the leave of the master, board or attempt to board any ship which is wrecked, stranded

or in distress, unless the person acts by 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

(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.

241. Search warrants where wreck is involved.—Where a receiver of wreck suspects or receives

information that any wreck is released or is in the possession of some person who is not the owner

thereof or that any wreck is otherwise improperly dealt with, he may apply to the nearest 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 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. Measures to facilitate removal of wrecks.—(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

Government, in such manner as may be prescribed.

(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 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 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.

(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 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 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 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.

243. Liability of ship owner.—(1) The registered ship owner shall be liable for the costs of locating,

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

(b) was wholly caused by act or omission done with an intent to cause damage by a third

party; or

authority responsible for the maintenance of lights or other navigational aids in the exercise of that

function.

(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.

(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 (38 of 2010); or

244. Maintenance of insurance or other financial security.—(1) Every registered owner of an

Indian vessel of gross tonnage of three hundred and above shall, for the purposes of covering his liability

under this Chapter, be required to maintain compulsory insurance coverage or such other financial

security, as may be prescribed.

(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,—

(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

authority authorised by any Convention State.

(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 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 equal to the amount of the insurance or other

financial security required to be maintained under sub-section (1):

Provided further that the insurer or such person may invoke the 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 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. Claims of ship owners to wreck.—(1) The owner of any wreck in the possession of the

receiver, upon establishing his claim to the satisfaction of the receiver within one year from the time at

which the wreck came into the possession of the receiver shall, upon paying the salvage and other

charges, be entitled to have the wreck or the proceeds thereof delivered to him.

(2) Where any articles belonging to or forming part of a ship other than an Indian vessel which is

wrecked or belonging to and forming part of the cargo of such ship, 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.

(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. Extinguishment of right to claim recovery of costs.—Any claim for recovery of costs for

locating and marking of the ship under this Chapter shall be made within a period of three years from

the date of determination of the hazard and six years from the date the maritime casualty resulted in the

wreck:

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

247. Application of this Chapter.—(1) This Chapter shall apply to—

(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.

(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 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.

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

(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;

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

Convention;

and includes freight at risk;

(d) “vessel” means any ship or craft, or any structure capable of navigation.

249. Salvage payable for saving life, cargo or wreck.—(1) Where services are rendered by any

master or salvor or any person other than the authority notified by the Central Government,—

(a) wholly or in part within the territorial waters of India in saving life from any vessel, or

elsewhere in saving life from a vessel registered in India; or

(b) in assisting a vessel or saving the cargo or equipment of a vessel which is wrecked, stranded

or in distress at any place to which this Chapter applies; or

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 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 environment.

(3) Salvage in respect of the preservation of life when payable by the owner of the vessel shall be

payable in priority to all other claims for salvage.

250. Salvage operations controlled by Government or port and public authorities.—Where

salvage operations are rendered by or on behalf of the Government or by a vessel of the Indian Navy or

of the Coast Guard or the commander or crew of any such vessel or the port authorities or any public

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 have the same rights and remedies in respect

of those services as any other salvor.

251. Salvage contracts.—(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 operations in compliance

with the provisions of this Chapter.

(2) The master or the owner of the vessel shall have the authority to conclude such contracts on

behalf of the owner of the property onboard the vessel.

252. Duties of salvor, owner and master.—(1) The salvor shall have the following duties towards

the owner of the vessel or other property in danger, namely:—

(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;

circumstances so require;

(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 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;

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

operations;

reasonably requested by the salvor; and

(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. Rights of salvors.—(1) A salvor shall have a right to payment for the services rendered by him

relating to salvage operations:

Provided that no such payment shall be made where there is express and 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 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 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. Powers and duties of Central Government in relation to salvage operations.—(1) The

Central Government shall take such measures as may be necessary to protect its coastline or related

interests from pollution or threat of pollution arising out of a maritime casualty or acts relating to such

casualty which may result in major harmful consequences.

(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.

(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 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. Retention of salvors.—The Central Government may, for the purposes of this Chapter, notify

a list of salvors having such qualifications and experience and subject to such terms and conditions as

may be prescribed.

256. Disputes between ship owner and salvor.—The ship owner and salvor may, for the redressal

of grievances relating to this Part, approach the Director-General who shall assist the parties in an

independent and impartial manner to enable an amicable settlement in accordance with such procedure

as may be prescribed.

257. Adjudication of disputes between ship owner and salvor.— (1) Either party to the salvage

contract shall prefer an arbitration for a dispute that is not resolved by the Director-General under

section 256:

Provided that where the salvage contract does not provide for the resolution of disputes by

arbitration, the disputes shall be adjudicated in accordance with the salvage contract.

(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 such amount as may

appear to it to be fair and just.

258. Extinguishment of claims.—Any action relating to payment under this Chapter shall

extinguish if no action for such claim is made within a period of two years from the date of completion

of salvage operations.

259. Savings.—Nothing in this Part shall,—

(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 Ports Act, 1908 (15 of 1908).

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

of this Part.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may

provide for all or any of the following matters, namely:—

(a) the 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;

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 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;

(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

261. Application of this Part.—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 to vessels of the

following description, namely:—

(a) sailing vessel;

(b) fishing vessel;

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 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

(ii) performing any service within the waters in the jurisdiction of India, including any part of the

adjoining maritime zones of India within the meaning of the Territorial Waters, Continental Shelf,

Exclusive Economic Zone and other Maritime Zones Act, 1976 (80 of 1976), or any other law for

the time being in force or any port or place, including inland ports, as the Central Government may,

by notification, specify in this behalf.

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

(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;

(b) “Indian fishing vessel” means a fishing vessel registered as an Indian vessel under

section 15;

(d) “Standards of Training, Certification and Watchkeeping for 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. Decision of question whether a vessel falls under this Part.—(1) If any question arises as to

whether a vessel falls under this Part, it shall be decided by the Director-General and his decision thereon

shall be final.

(2) Where the question under sub-section (1) relate to a fishing vessel, the decision shall be made in

such manner as may be prescribed.

264. Requirements for safety, security, prevention of pollution and insurance.—(1) Every vessel

covered under this Part shall be manned and carry onboard such fittings, material, appliances and

apparatus, for safety, security and prevention of pollution, as may be prescribed:

Provided that in case of fishing vessels, such rules shall take into consideration 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 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 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 11th day of October, 2012.

265. Manning of fishing vessels.—(1) The Central Government may make rules to provide for the

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 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 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 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.

266. Central Government to grant certificate of proficiency.—(1) The Central Government shall,

subject to the provisions of the Standards of Training, Certification and Watchkeeping for Fishing Vessel

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 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 in such form, on payment

of such fee and be valid for such period, as may be prescribed.

267. Training for grant of certificate of competency and certificate of proficiency.—(1) The

Director-General shall administer, supervise and monitor all activities relating to training and

assessment for the grant of certificate of competency or certificate of proficiency under this Part.

(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.

268. Examination for grant of certificate.—(1) The Director-General or a person duly authorised

by the Director-General in this behalf shall appoint such person or persons for the purpose 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.

(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.

269. Withdrawal, suspension or cancellation of certificate.—Where it appears to the Central

Government that a person holding certificate of competency or certificate of proficiency has obtained it

on the basis of false or erroneous information, or is guilty of misconduct, or on receipt of any report of

incompetency, or any act of omission or commission or compromise to 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.

270. Production of certificate.—The owner, master, tindal or skipper of every vessel shall, on

demand, 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. Agreements in respect of fishing vessel.—Subject to the provisions of C-188 Convention, as

the Central Government may deem necessary,—

(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 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;

(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

(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. Fishery data to be furnished by Indian fishing vessels.—The Central Government may, by

notification, require every Indian fishing vessel or any specified class of Indian fishing vessels to furnish

fishery data to the Registrar in such form and at such periodical intervals as may be specified in that

notification.

273. Vessel not to proceed without valid certificates.—(1) No vessel shall ply or proceed to sea

unless it is in possession of such certificates granted under this Part in such manner and for such period

as may be prescribed.

(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 until her first arrival at the next port after the expiry of such period.

274. Power of Central Government to initiate action against non-mechanically propelled

vessels.—Where it appears to the Central Government that any non-mechanically propelled vessel does

not have valid certificates required under this Act, it may, after giving a reasonable opportunity of being

heard to the owner, master or charterer, take appropriate action including suspension or cancellation of

registration of such vessel under this Act.

275. Statement relating to crew of vessels to be maintained.—(1) Every owner, master or tindal

or skipper of a vessel shall maintain or cause to be maintained a statement of the crew of the vessel

containing the following particulars with respect to each member thereof in such form as may be

prescribed, namely:—

(a) his name;

(b) the details of the agreement with him under section 271;

(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.

(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.

276. Inquiry to jettisoning of cargo.—(1) If any owner, master or tindal or skipper of a vessel in

the course of the voyage, has jettisoned or claims to have jettisoned the whole or any part of the cargo

of the vessel on account of abnormal weather conditions or for any other reason, he shall immediately

after arrival of the vessel at any port or place in India, give notice of such jettisoning to the proper officer

and such notice shall contain full particulars of the cargo jettisoned and the circumstances under which

such 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.

277. Detention of vessel by proper officer.—(1) Any vessel attempting to ply or proceed to sea

without free board markings or any vessel which is so loaded as to submerge such markings or carrying

persons in excess of the certified capacity may be detained by a proper officer until the vessel complies

with the 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 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.

(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 require.

278. Detention of unseaworthy vessels.—(1) If any vessel under this Part arrives in or proceeds

from a port or place in India in an unseaworthy condition or which is likely to pose a threat to 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 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.

279. Power to exempt.—(1) Notwithstanding anything contained in this Part, the Central

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 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.

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

of this Part.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may

provide for all or any of the following matters, namely:—

(a) the manner of deciding whether a vessel falls under Part XIII under sub-section (2) of

section 263;

(b) the scale of manning and fittings, material, appliances and apparatus to be carried onboard by

vessel under sub-section (1) of section 264;

section 264;

(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 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 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) 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;

(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.

PART XIV

PENALTIES AND PROCEDURES

281. Offences and penalties.—(1) Any person who contravenes any provision of this Act or any

rule 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 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 reference to such contraventions, respectively.

Table

Serial

No.

Contravention Section Penalties

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

1. If the Indian charterer fails to comply

with the conditions prescribed under

section 16.

16 Penalty which may extend to two

lakh rupees.

2. If the owner of an Indian vessel fails to

of section 20.

20(1) Penalty which may extend to

fifty thousand rupees.

3. If a person fails to deliver the certificate

of registration to the Registrar or person

entitled as required under sub-section

(2) of section 22.

22(2) Penalty which may extend to

fifty thousand rupees.

4. If any person transfers a registered

mortgage in contravention of

sub-section (1) of section 30.

30(1) Penalty which may extend to one

lakh rupees.

5. If an owner fails to make an application

for re-registration of a vessel or for

registering an alteration of a vessel

under section 33.

33 Penalty which may extend to

fifty thousand rupees and in

addition, a penalty which may

extend to two thousand rupees

for every day during which the

contravention continues.

6. If any person fails to hoist the proper

national colours except those declared

under sub-section (2) of section 37,

onboard the Indian vessel.

37(2) Penalty which may extend to two

lakh rupees.

7. If any person conducts training course

in contravention of sub-section (2) of

section 47.

47(2) Penalty which may extend to

twenty lakh rupees.

8. If any person obstructs authorised

person to inspect any maritime training

institute under sub-section (3) of

section 47.

47(3) Penalty which may extend to two

lakh rupees.

9. If the master of any vessel fails to

produce the certificates under

sub-section (1) of section 49.

49(1) Penalty which may extend to

fifty thousand rupees and in

addition, a penalty which may

extend to five thousand rupees

for every day during which the

contravention continues.

10. If any person causes a vessel to proceed

to sea in contravention of sub-section

(3) of section 57.

57(3) Penalty which may extend to two

lakh rupees.

11. If any person engages or employs a

person below the age of sixteen years in

contravention of section 59.

59 Penalty which may extend to two

lakh rupees for every seafarer

engaged in the contravention.

12. If any person engages or carries to sea

any seafarer in contravention of

section 60.

60 Penalty which may extend to

fifty thousand rupees for every

seafarer engaged in the

contravention.

13. If any person engages or carries to sea a

seafarer in contravention of sub-section

(1) of section 61.

61(1) Penalty which may extend to two

lakh rupees, for every seafarer

engaged in the contravention.

14. If any person engages a seafarer in

contravention of sub-section (1) of

section 62.

62(1) Penalty which may extend to

three lakh rupees for every

seafarer.

15. If any person engages a seafarer in

contravention of clause (b) of

sub-section (2) of section 62.

62(2)(b) Penalty which may extend to two

lakh rupees, for every seafarer

engaged in the contravention.

16. If any person discriminates between

seafarers in contravention of clause (d)

of sub-section (2) of section 62.

62(2)(d) Penalty which may extend to two

lakh rupees for every seafarer.

17. If any ship owner, master or his agent

engages any person to serve as seafarer

in contravention of sub-section (3) of

section 62.

62(3) Penalty which may extend to two

lakh rupees.

18. If any recruitment and placement

service agency contravene clause (a) or

clause (b) or clause (c) or clause (d) of

sub-section (6) of section 62.

62(6)(a), (b),

Penalty which may extend to

fifteen lakh rupees.

19. If any recruitment and placement

service agency contravene clause (e) or

clause (f) of sub-section (6) of

section 62.

62(6)(e) and

(f)

Penalty which may extend to

five lakh rupees.

20. If any master or ship owner or

recruitment and placement service

agency fails to enter into a seafarer

employment agreement in

contravention of sub-section (1) of

section 63.

63(1) Penalty which may extend to

fifty thousand rupees for every

seafarer.

21. If a master or ship owner of an Indian

vessel fails to discharge a seafarer in

80(2) Penalty which may extend to one

lakh rupees.

contravention of sub-section (2) of

section 80.

22. If any master discharges a seafarer

before the expiration of the period for

which he was engaged or leaves a

seafarer behind in contravention of

sub-section (5) of section 80.

80(5) Penalty which may extend to

fifty thousand rupees.

23. If a master fails to make an entry in the

official logbook with respect to a

seafarer who is left behind or lost

overboard or is deceased, or fails to take

charge of his property or fails to

discharge such property in

contravention of section 81.

81 Penalty which may extend to

three times the value of the

property not accounted for or if

such value is not ascertained, to

twenty thousand rupees.

24. If any master or ship owner, or his agent

or seafarer fails to produce any

logbooks, papers or other documents in

any proceedings before a shipping

master or fails to attend such

proceedings in contravention of

section 84.

84 Penalty which may extend to

five lakh rupees.

25. If any person commits a breach of any

term of an award which is binding on

him under sub-section (8) of section 89.

89(8) Penalty which may extend to two

lakh rupees.

26. If any seafarer or class of seafarers or

union of seafarers goes or remain on

strike in contravention of clause (a) of

sub-section (14) of section 89.

89(14)(a) Penalty which may extend to

fifty thousand rupees.

27. If any ship owner alters the conditions

of service or discharges or punishes a

seafarer in contravention of clause (b)

of sub-section (14) of section 89.

89(14)(b) Penalty which may extend to

fifty thousand rupees.

28. If any person obstructs the shipping

master or surveyor, seafarer welfare

officer or Indian ambassador or any

other authorised officer from entering

or inspecting a vessel under

sub-section (1) of section 93.

93(1) Penalty which may extend to

fifty thousand rupees unless he

can prove that the obstruction

was caused without his

knowledge or connivance.

29. If the master or owner of a vessel fails

to be in possession of the certificates

specified in sub-section (2) or

sub-section (3) of section 93.

93(2), (3) Penalty which may extend to

fifty thousand rupees unless he

proves that the non-compliance

was not caused by his

inattention, neglect or wilful

default.

30. If a master without reasonable cause

fails to facilitate a seafarer to make a

complaint under section 95.

95 Penalty which may extend to

fifty thousand rupees.

31. If a person goes onboard a vessel in

contravention of section 96.

96 Penalty which may extend to

fifty thousand rupees.

32. If a seafarer deserts his vessel in

contravention of clause (a) of

sub-section (1) of section 98.

98(1)(a) He shall be liable to forfeit all or

any part of the property he leaves

onboard and of the wages he has

then earned and also if the

desertion takes place at any place

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 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 of wages

than the rate stipulated to be paid

to him.

33. If a seafarer neglects or refuses, without

reasonable cause, to join the vessel or

does not proceed to sea in his vessel or

is absent without leave in contravention

of clause (b) of sub-section (1) of

section 98.

98(1)(b) He shall, if the contravention

does not amount to desertion, be

liable to forfeit out of his wages

a sum not exceeding two days’

pay and in addition for every

twenty-four hours of absence

either a sum not exceeding six

days’ pay or any expenses

properly incurred in hiring a

substitute.

34. If any seafarer quits the vessel without

leave under clause (a) of sub-section (1)

of section 99.

99(1)(a) Forfeiture out of his wages of a

sum not exceeding one month’s

pay.

35. If any seafarer fails to attend his vessel

under clause (b) of sub-section (1) of

section 99.

99(1)(b) Penalty which may extend to one

lakh rupees but nothing herein

shall take away or limit any other

remedy which any person would

otherwise have for breach of

contract or refund of money

advanced or otherwise.

36. If any seafarer wilfully disobeys any

lawful command under clause (c) of

sub-section (1) of section 99.

99(1)(c) Forfeiture out of his wages of a

sum not exceeding two days’

pay.

100

37. If any master fails to report desertion

and absence without leave in

contravention of section 102.

102 Penalty which may extend to one

lakh rupees.

38. If any person persuades or attempts to

persuade a seafarer to neglect or refuse

to join or proceed to the vessel or

deserts his vessel, in contravention of

clause (a) of section 108.

108(a) Penalty which may extend to two

lakh rupees.

39. If any person harbours or secretes a

seafarer who has wilfully neglected or

refused to join or has deserted his

vessel, in contravention of clause (b) of

section 108.

108(b) Penalty which may extend to two

lakh rupees.

40. If any person secretes himself and goes

to sea in contravention of section 109.

109 Penalty which may extend to two

lakh rupees.

41. If a master fails to deliver documents

relating to the navigation of the vessel

to his successor in contravention of

sub-section (1) of section 110.

110(1) Penalty which may extend to

fifty thousand rupees.

42. If the owner or master of a vessel fails

to comply with provisions of the

international conventions, treaties or

agreements in contravention of

sub-section (1) of section 116.

116(1) Penalty which may extend to

fifteen lakh rupees and the vessel

may also be detained.

43. If the master of a vessel fails to report

the particulars of an incident in

contravention of sub-section (1) of

section 117.

117(1) Penalty which may extend to

fifty thousand rupees.

44. If the master of a vessel fails to report

the particulars of an incident relating to

the loss or likely loss overboard of

dangerous goods in contravention of

sub-section (2) of section 117.

117(2) Penalty which may extend to two

lakh rupees.

45. If any master or owner of an Indian

vessel fails to comply with its

communication requirements in

contravention of section 120.

120 Penalty which may extend to

fifteen lakh rupees and the vessel

may also be detained.

46. If any master or owner of a vessel does

not carry onboard the information

required by section 121.

121 Penalty which may extend to one

lakh rupees.

47. If the master or owner of the vessel

causes a vessel to be loaded in

contravention of sub-section (1) of

section 122.

122(1) Penalty which may extend to

four lakh rupees and to such

additional penalty not exceeding

twenty-five thousand rupees for

101

every inch or fraction of an inch

by which the appropriate load

lines on each side 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 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 vessel

carries passengers without certificates

required under Part VI in contravention

of sub-section (1) of section 123.

123(1) Penalty which may extend to two

lakh rupees.

49. If the owner, agent or master of a vessel

carrying passengers fails to make a

statement about the passengers onboard

such vessel in contravention of

sub-section (3) of section 123.

123(3) Penalty which may extend to two

lakh rupees.

50. If the master or owner of a vessel causes

a vessel to proceed to sea without valid

certificates in contravention of

section 124.

124 Penalty which may extend to

fifteen lakh rupees and the vessel

may also be detained.

51. If a person commits misconduct

specified in any of the clauses under

sub-section (1) of section 125.

125(1) Penalty which may extend to

fifty thousand rupees.

52. If any person carries or attempts to

carry cargo without the required

certificates in contravention of

sub-section (1) of section 126.

126(1) Penalty which may extend to

five lakh rupees.

53. If any person carries or attempts to

carry passengers without the required

certificates in contravention of

sub-section (2) of section 126.

126(2) Penalty which may extend to

five lakh rupees.

54. If any person or master sends or takes

or attempts to send or take to sea

unseaworthy vessel in contravention of

sub-section (1) or sub-section (2) of

section 127.

127(1), (2) Penalty which may extend to two

lakh rupees and ten lakh rupees

for every repeat contravention

and the vessel may also be

detained.

55. If the ship owner or master of a vessel

or seafarer fails to take all reasonable

means to ensure the seaworthiness of a

vessel in contravention of sub-section

(1) of section 128.

128(1) Penalty which may extend to two

lakh rupees and five lakh rupees

for every repeat contravention.

102

56. If any vessel, company or port facility

fails to comply with the requirements

for safety and security management in

contravention of sub-section (1) of

section 129.

129(1) Penalty which may extend to

twenty-five lakh rupees.

57. If any owner or master of an Indian

vessel causes polluting substance to be

discharged 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 section 133, then—

133

(a) where such discharge is of

harmful substances carried by sea in

packaged form;

133 Penalty which may extend to ten

lakh rupees and such security as

may be considered necessary for

securing any damages that may

arise in future;

(b) where such discharge is of

sewage;

133 penalty which may extend to five

lakh rupees and such security as

may be considered necessary for

securing any damages that may

arise in future;

ballast water and sediments;

133 penalty which may extend to five

lakh rupees and such security as

may be considered necessary for

securing any damages that may

arise in future;

(d) where the discharge is of any

other polluting substances.

133 penalty which may extend to two

lakh rupees and such security as

may be considered necessary for

securing any damages that may

arise in future.

58. If the ship owner, master or any other

person permits any vessel or port or

platform or man-made structures at sea

to engage in dumping in contravention

of sub-section (6) of section 133.

133(6) Penalty which may extend to two

lakh rupees and such security as

may be considered necessary for

securing any damages that may

arise in future.

59. If any vessel proceeds to sea without

valid certificates in contravention of

section 135.

135 Penalty which may extend to

fifteen lakh rupees and the vessel

may also be detained.

60. If the master of a vessel fails to

maintain books of records in

contravention of section 136.

136 Penalty which may extend to

fifty thousand rupees.

61. If any master or owner of a vessel

which is detained under sub-section (3)

137(3) Penalty which may extend to one

lakh rupees.

103

of section 137 causes such vessel to

proceed to sea before its release in

contravention of section 137.

62. If the master of a vessel fails to report

the particulars of an incident in

contravention of sub-section (1) of

section 138.

138(1) Penalty which may extend to one

lakh and fifty thousand rupees.

63. If any port authority or officer fails to

comply with the directions issued by

the Central Government under

sub-section (2) of section 142.

142(2) Penalty which may extend to ten

lakh rupees.

64. If a master or person in-charge of a

vessel fails to render assistance in case

of collision in contravention of

sub-section (1) of section 158.

158(1) Penalty which may extend to

five lakh rupees.

65. If a master fails to enter a statement in

relation to a collision in the official

logbook in contravention of

section 159.

159 Penalty which may extend to

fifty thousand rupees.

66. If the master or ship owner or his agent

fails to transmit a report of the accident

or damage to the Director-General or

the nearest principal officer in

contravention of section 160.

160 Penalty which may extend to one

lakh rupees.

67. If the owner or agent of any Indian

vessel fails, without reasonable cause,

to give notice of loss of Indian vessel to

the Director-General in contravention

of section 161.

161 Penalty which may extend to one

lakh rupees.

68. If any person fails to maintain

compulsory insurance or other financial

security for maritime claims in

contravention of section 172.

172 Penalty which may extend to

fifteen lakh rupees and the vessel

may also be detained.

69. If any master or ship owner does not

carry the certificate required under

sub-section (1) or sub-section (2) of

section 190.

190(1), (2) Penalty which may extend to one

lakh rupees.

70. If any master or ship owner does not

carry the certificate required under

sub-section (1) or sub-section (2) of

section 207.

207(1), (2) Penalty which may extend to

fifteen lakh rupees.

71. If any person refuses or wilfully

neglects to comply with a notice or

makes any false statement in

217(4) Penalty which may extend to one

lakh rupees.

104

contravention of sub-section (4) of

section 217.

72. If the primary response party fails to

engage in maritime emergency

response under section 226.

226 Penalty which may extend to

five lakh rupees and the vessel

may also be detained.

73. If the owner or master of a vessel fails

to conclude contracts with salvors

under section 251.

251 Penalty which may extend to

fifty thousand rupees.

74. If a salvor fails to perform his duties

under sub-section (1) of section 252.

252(1) Penalty which may extend to

fifty thousand rupees.

75. If the owner or master of a vessel or the

owner of other property fails to perform

his duties under sub-section (2) of

section 252.

252(2) Penalty which may extend to

fifty thousand rupees.

76. If the owner of a vessel fails to comply

with the requirements for safety,

security and prevention of pollution and

insurance in contravention of

section 264.

264 Penalty which may extend to one

lakh rupees and the vessel may

also be detained.

77. If any person fails to comply with the

manning requirements under

sub-section (2) of section 265.

265(2) Penalty which may extend to one

lakh rupees and the vessel may

also be detained.

78. If the ship owner, master, tindal or

skipper of a vessel fails to produce

certificates of competency or

proficiency or any other certificate in

contravention of section 270.

270 Penalty which may extend to

fifty thousand rupees.

79. If the owner or his agent or skipper of

an Indian fishing vessel fails to enter

into an agreement in contravention of

clause (a) of section 271.

271(a) Penalty which may extend to

fifty thousand rupees.

80. If the ship owner or master permits a

vessel to ply or proceed to sea without

certificates in contravention of

sub-section (1) of section 273.

273(1) Penalty which may extend to one

lakh rupees.

81. If the ship owner or master or tindal or

skipper of a vessel fails to maintain or

cause to be maintained a statement of

crew in contravention of section 275.

275 Penalty which may extend to one

lakh rupees.

82. If the ship owner or master or tindal or

skipper of a vessel fails to provide

notice of jettisoning of cargo in

contravention of section 276.

276 Penalty which may extend to

fifty thousand rupees.

105

83. If the ship owner or agent or master or

officer of a vessel fails to provide all

reasonable facilities to the proper

officer for a survey or audit in

contravention of sub-section (3) of

section 277.

277(3) Penalty which may extend to one

lakh rupees.

84. If any person hinders or obstructs any

officer or person in contravention of

sub-section (2) of section 296.

296(2) Penalty which may extend to

fifty thousand rupees.

85. If any ship owner or master or tindal or

skipper or seafarer or port or any person

or authority breaches any condition

subject to which any exemption is

granted under sub-section (2) of

section 300.

300(2) Penalty which may extend to

fifty thousand rupees.

86. If any ship owner or his agent or master

or seafarer or tindal or maritime

training institute or recruitment

placement service provider or port or

any person or body of persons fails to

comply with the directions given under

section 301.

301 Penalty which may extend to

five lakh rupees.

87. If any owner or master of a vessel

allows a vessel to fly with the flag of a

State in contravention of sub-section (1)

of section 304.

304(1) Penalty which may extend to

five lakh rupees and the vessel

may also be detained.

88. If any person acts in contravention of

control measures invoked by the

principal officer under sub-section (4)

of section 307.

307(4) Penalty which may extend to ten

lakh rupees.

89. If any port fails to discharge the

obligations under the conventions in

contravention of sub-section (1) of

section 310.

310(1) Penalty which may extend to

five lakh rupees.

90. If any port authority or State Maritime

Board or any other authority or agency

fails to render services or assistance or

take measures in respect of any

abandoned vessel under sub-section (1)

of section 311.

311(1) Penalty which may extend to one

lakh rupees.

91. If the registered owner of an Indian

vessel fails to maintain compulsory

adequate insurance coverage or such

other financial security in contravention

of section 314.

314 Penalty which may extend to

seventy lakh rupees.

106

92. If any vessel is detained under the

provisions of this Act for which no

penalty is provided.

General Penalty which may extend to

fifteen lakh rupees.

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

produced to such Registrar—

(i) wilfully makes or assists in

making or procures to be made, any

false statement concerning the title to

or ownership of or the interest

existing in any vessel or any share in

a vessel; or

General Penalty which may extend to two

lakh rupees.

(ii) utters, produces or makes use

of any declaration or document

containing any such false statement

knowing the same to be false.

94. If any person,— General Penalty which may extend to two

lakh rupees.

(a) forges or fraudulently alters any

certificate of discharge or a certificate

as to the work of a seafarer or a

continuous discharge certificate or a

copy of any such certificate; or

(b) fraudulently uses any certificate

of discharge or a 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 belong to him.

95. If any person wilfully destroys or

mutilates or renders illegible any entry

in an official logbook or wilfully makes

or procures to be made or assists in

making a false or fraudulent entry in or

omission from an official logbook.

General Penalty which may extend to two

lakh rupees.

96. If the master or owner or agent of a

special trade passenger vessel, after

having obtained any of the certificates

referred to in Part VI, fraudulently does

or suffers to be done anything whereby

General Penalty which may extend to one

lakh rupees for the first

contravention and five lakh

rupees for every subsequent

contravention.

107

the certificate becomes inapplicable to

the altered state of the vessel, or special

trade passengers or other matters to

which the certificate relates.

1[97. If a seafarer on or before being

engaged wilfully and fraudulently

makes a false statement of the name of

his last vessel or alleged last vessel or

wilfully and fraudulently makes a false

statement of his own name.

General Penalty which may extend to

fifty thousand rupees.]

(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 reference to such offences, respectively.

Table

Serial

No.

Offences Section to

which

offence is

referred

Imprisonment or fine or both

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

1. If any person causes a vessel to proceed

to sea without a valid certificate of

registration in contravention of

section 15.

15 Imprisonment which may extend

to six months, or fine which may

extend to two lakh rupees, or

both.

2. If any person uses Indian national

colour in contravention of

sub-section (4) of section 37.

37(4) Imprisonment which may extend

to two years, or fine which may

extend to two lakh rupees, or

both.

3. If an owner or a master of an Indian

vessel knowingly conceals the Indian

character of the vessel in contravention

of section 38.

38 Imprisonment which may extend

to two years, or fine which may

extend to two lakh rupees, or

both.

4. If any person goes to sea without

holding a certificate granted under the

Act.

General Imprisonment which may extend

to six months, or fine which may

extend to two lakh rupees, or

both.

5. If any person causes a vessel or sailing

or fishing vessel to proceed to sea

without the required certificated

personnel.

General Imprisonment which may extend

to six months, or fine which may

extend to two lakh rupees, or

both.

6. If any person carries on the business of

recruitment and placement service

agency in contravention of clause (a) of

sub-section (2) of section 62.

62(2)(a) Imprisonment which may extend

to one year, or fine which may

extend to five lakh rupees, or

both.

1. Ins. by Act 8 of 2026, s. 2 and Sch. (w.e.f. 01.07.2026).

108

7. If any person demands or receives any

remuneration from any seafarer or

person in contravention of clause (c) of

sub-section (2) of section 62.

62(2)(c) Imprisonment which may extend

to three months, or fine which

may extend to five lakh rupees,

or both.

8. If any seafarer does or refuses or omits

to do anything in contravention of

section 97.

97 Imprisonment which may extend

to two years, or fine which may

extend to five lakh rupees or

both.

9. If any seafarer is guilty of an offence

specified in clause (d) of sub-section (1)

of section 99.

99(1)(d) Imprisonment which may extend

to one month and also for every

twenty-four hours of

continuance of such

disobedience or neglect,

forfeiture out of his wages of a

sum not exceeding six days’ pay

or any expenses which may have

been properly incurred in hiring

a substitute.

10. If any seafarer is guilty of an offence

specified in clause (e) of sub-section (1)

of section 99.

99(1)(e) Imprisonment which may extend

to three months, or fine which

may extend to fifty thousand

rupees or both.

11. If any seafarer is guilty of an offence

specified in clause (f) of sub-section (1)

of section 99.

99(1)(f) Forfeiture out of his wages of a

sum equal to the loss sustained

and also imprisonment which

may extend to three months.

1****

13. If any owner or master of an Indian

vessel causes polluting substance to be

discharged 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 section 133, then—

133

(a) where the discharge is of oil and oily

mixtures from vessels;

133 Fine which may extend to

twenty-five lakh rupees, or

imprisonment for a term which

may extend to one year, or both,

and such security as may be

considered necessary for

securing any damages that may

arise in future;

(b) where the discharge is of noxious

liquid substances.

133 Fine which may extend to ten

lakh rupees, or imprisonment for

1. Serial no. 12 omitted by Act 8 of 2026, s. 2 and Sch. (w.e.f. 01.07.2026).

109

a term which may extend to six

months, or both, and such

security as may be considered

necessary for securing any

damages that may arise in future.

14. If the owner, agent, master, charterer,

operator, lessee or licensee of the vessel

fails to comply with any notice issued

under sub-section (2) of section 138.

138(2) Imprisonment which may extend

to six months, or fine which may

extend to five lakh rupees, or

both, and if the 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 which the

offence continues after

conviction.

15. If the owner of any Indian vessel or any

equipment fails to comply with the

directions of the Central Government

issued under sub-section (1) of

section 139.

139(1) Imprisonment which may which

may extend to six months or fine

which may extend to five lakh

rupees, or both, and if the

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 which the

offence continues after

conviction.

16. If the owner, manager, operator,

company, pilot, harbour master, master,

or other person in charge fails to give

notice of a marine casualty to the officer

in contravention of sub-section (2) of

section 231.

231(2) Fine which may extend to fifty

thousand rupees and in default of

payment, simple imprisonment

which may extend to three

months.

17. If the master or owner or the operator of

an Indian vessel or any ship other than

an Indian vessel fails to report a wreck

in contravention of sub-section (1) or

sub-section (2) of section 236.

236(1), (2) Fine which may extend to fifty

thousand rupees and in default of

payment, imprisonment which

may extend to three months.

18. If the owner or operator of a ship fails

to immediately mark or maintain the

mark of the wreck in contravention of

sub-section (1) of section 238.

238(1) Fine which may extend to two

lakh rupees and in default of

payment, imprisonment which

may extend to six months.

19. If the master permits a vessel to proceed

to sea before such vessel is released

from detention by any competent

authority in contravention of

sub-section (2) of section 290.

290(2) Imprisonment which may extend

to six months, or fine which may

extend to two lakh rupees, or

both.

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20. If the owner, master or agent of the

vessel takes to sea any person

authorised under this Act to detain or

survey the vessel in contravention of

sub-section (3) of section 290.

290(3) Imprisonment which may extend

to one year, or fine which may

extend to two lakh rupees, or

both.

21. If the master or owner or agent permits

a nuclear vessel to proceed to any port

or place in contravention of

sub-section (1) of section 298.

298(1) Imprisonment which may extend

to six months, or fine which may

extend to ten lakh rupees, or

both.

22. If the master or owner or agent fails to

comply with the order issued under

sub-section (2) of section 298.

298(2) Imprisonment which may extend

to six months, or fine which may

extend to ten lakh rupees, or

both.

23. If any owner of a ship fails to comply

with directions of the Director-General

under sub-section (1) of section 302.

302(1) Imprisonment which may extend

to six months, or fine which may

extend to two lakh rupees, or

both.

282. Authority for imposition of penalty and procedure therefor.—(1) The authority for imposing

the penalty under sub-section (2) of section 281 shall be the principal officer.

(2) Any person aggrieved by the order of the principal officer imposing 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.

(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 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.

1[282A. Compounding for certain offences.––(1) Notwithstanding anything contained in the

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), the offences under section 38, clause (d) of

sub-section (1) of section 99 and sub-section (1) of section 139, which are punishable to the extent of

punishment specified at Serial Numbers 3, 9 and 15 respectively may, before or after the institution of

prosecution, be compounded by an officer designated by the Central Government by notification in this

1. Ins. by Act 8 of 2026, s. 2 and Sch. (w.e.f. 01.07.2026).

111

behalf, on payment for credit to the Central Government of such sum and in such manner as may be

prescribed:

Provided that such sum shall not, in any case, exceed the maximum amount of the fine which may

be imposed under this Act for the offences so compounded:

Provided further that in case of subsequent offence, the same shall not be compounded.

(2) The officer referred to in sub-section (1) shall exercise the powers to compound an offence,

subject to the direction, control and supervision of the Central Government.

(3) Every application for the compounding of an offence shall be made in such form and manner as

may be prescribed.

(4) Where any offence is compounded before the institution of any prosecution, no prosecution shall

be instituted against the offender in relation to whom the offence is so compounded.

(5) Where the compounding of any offence is made after the institution of any prosecution, such

composition shall be brought by the officer referred to in sub-section (1), in writing, to the notice of the

court in which the prosecution is pending and on such notice for compounding the offence being given,

the person against whom the offence is so compounded shall be discharged.

(6) Any person who fails to comply with the order of compounding made by the officer referred to

in sub-section (1), shall be liable to pay a sum equivalent to twenty per cent. of the maximum fine

provided for the offence, in addition to the fine provided for the said offence.

(7) No offence punishable under this Act shall be compounded except in accordance with the

provisions of this section.]

283. Place of trial and jurisdiction of court.—(1) Any person committing any offence under this

Act or any rules made thereunder may be tried for such offence in any place in which he may be found

or in any court which the Central Government may by notification, direct in this behalf, or in any court

in which he might be tried under any other law for the time being in force.

(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. Special provision regarding punishment.—Notwithstanding anything contained in

section 23 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), it shall be lawful for a Judicial

Magistrate of the first class to pass any sentence authorised by or under this Act on any person convicted

of an offence under this Act or any rules made thereunder.

285. Appointment of Special Public Prosecutors.—The Central Government or the State

Government may, by notification, appoint a person who is in practice as an advocate for not less than

seven years as a Special Public Prosecutor for the purposes of any case or class of cases under this Act.

286. Penalties in respect of masters or owners of special trade passenger vessels.—The penalties

to which a master or owner of a special trade passenger vessel is liable under section 281 shall be

enforced only on a report made by the proper officer in this behalf.

Explanation.—For the purposes of this section, “special trade passenger vessel” means a

mechanically propelled vessel carrying more than thirty special trade passengers.

287. Offences by companies.—(1) If the person committing an offence under this Act is a company,

every person who, at the time the offence was committed, was in charge of, and was responsible to, the

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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:

Provided that nothing in this sub-section shall render any such person liable to any punishment

provided in this Act, if he proves that the offence was committed without his knowledge or that he

exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been

committed by a company, and it is proved that the offence was committed with the consent or

connivance of, or is 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 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.

288. Depositions to be received in evidence when witness cannot be produced.—(1) Where, the

testimony of any witness is required in relation to any legal proceeding before any court or officer or

authority under this Act, and the defendant or the person accused does not produce the witness, then any

deposition 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 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;

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 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.

289. Power to detain foreign vessel that has occasioned damage.—(1) Whenever any damage has

in any part of the world been caused to property belonging to the Government or to any citizen of India

or a company by a vessel other than an Indian vessel and that vessel is found within Indian 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.

(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 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.

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(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.

290. Power to enforce detention of vessel.—(1) Where under this Act a vessel is authorised or

ordered to be detained, any commissioned officer of the Indian Navy or Indian Coast Guard or any port

officer, police, pilot, harbour master, conservator of port or customs 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 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 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 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. Levy of wages, etc., by distress of movable property or vessel.—(1) When an order under

this Act for the payment of any wages or other sums of money is made by any court or other officer or

authority and the money is not paid at the time or in the manner directed, the sum mentioned in the order

with such further sum as may be thereby awarded for costs, may be levied by distress and sale of the

movable property of the person directed to pay the same under a warrant to be issued for that purpose

by such court.

(2) Where any court or other officer or authority has power under this 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 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. Service of documents.—Where, for the purposes of this Act, any document is to be served on

any person, that document may be served—

(a) in any case by delivering a copy thereof personally to the person to be served, or by leaving

the same at his last place of 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 person being or appearing to be in command or charge of

the vessel; and

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 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.

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PART XV

MISCELLANEOUS

293. Birth and death of persons onboard vessel during a voyage.—The master of any vessel

performing a voyage shall, on arrival at the next port or place of call, intimate the proper officer, the

date of any birth or death of any person occurring during the voyage and the cause of death or any other

relevant details, as the Central Government may by order, specify in this behalf.

294. Inquiry into cause of death onboard or person missing from Indian vessel.—(1) If any

person dies onboard or is missing from an Indian vessel, the master shall forthwith inform the

Director-General and the proper officer of the port or the next port of call.

(2) On receipt of information under sub-section (1), the proper officer shall 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 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.

295. Certain persons deemed to be public servants.—The following persons shall be deemed to

be public servants within the meaning of clause (28) of section 2 of the Bharatiya Nyaya Sanhita, 2023

(45 of 2023), namely:—

(a) every surveyor;

(b) every person appointed under this Act to report information as to marine casualties under

Part XI;

whom he calls to his aid;

(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.

296. Power of persons authorised to investigate, inquire, etc.—(1) Every person who is

empowered by this Act to make an investigation or inquiry or to board, survey, inspect or detain a

vessel,—

(a) may go onboard any vessel and inspect the same or any part 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 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 which appears to be

requisite for the purpose of this section;

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;

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(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; and

(f) may muster the crew of any such vessel.

(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. Power to permit alternative provisions and arrangement.—Where this Act requires that the

provisions or arrangements for a vessel shall meet the obligations under the convention, or otherwise,

the Central Government may, after satisfying itself by trials or based on the convention or its protocol

or its 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.

298. Control of nuclear vessels and security measures.—(1) No nuclear vessel shall proceed to

any port or place in India including territorial waters thereof without permission of the Central

Government.

Explanation.—For the purposes of this sub-section, “nuclear vessel” means a vessel with a nuclear

power plant.

(2) The Central Government may, by general or special order, issue such directions, as it deems fit,

to the registered owners of the vessels, for taking such security measures as may be necessary.

299. Exemption of Government vessels, foreign and Indian.—The Central Government may, by

notification, direct that the provisions of this Act or any of them shall not apply to vessels belonging to

the Government of any State or to any class of such vessels.

300. Power to exempt.—(1) Notwithstanding anything contained in this Act, the Central

Government may, by order in writing and upon such conditions, if any, as it may think fit to impose,

exempt any 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 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 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. Power of Director-General to give directions.—The Director-General may, if he is satisfied

in the public interest or in the interest of Indian shipping that it is necessary so to do, give by notice,

circular, order or guidelines in writing, such directions as he thinks fit to any vessel or 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.

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302. Special provisions with respect to defaulting ship owners.—(1) The Director-General may

by order in writing and upon such conditions, if any, as he may think fit to impose, direct the ship owner

who fails to comply with the provisions of this Act, or rules made thereunder or is not taking action for

the safety and prevention of any harm to life, property or the 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:

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 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.

(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.

303. Right to pursue foreign vessels in high seas.—The Central Government, if it has a reason to

believe that any foreign vessel has violated any law within the coastal waters, may authorise any vessel

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.

304. Power of Central Government with respect to vessel without nationality.—(1) Where it is

established that a vessel within India or her coastal waters is not legally entitled to fly the flag of a State

or has lost such right, the Central Government may take charge of such vessel and detain the same as a

vessel without nationality including its cargo, as may be deemed appropriate, in such manner as may be

prescribed.

(2) A vessel which sails under the flags of two or more States, using them according to convenience,

may be deemed to be a vessel without nationality.

305. Protection of action taken in good faith.—No suit or other legal proceeding shall lie against

any person for anything which is in good faith done or intended to be done under this Act.

306. Agreement with other States.—The Central Government may enter into agreement with other

States or organisations for effective implementation of the provisions of this Act.

307. Control measures and detention of vessels.—(1) No vessel shall enter into or sail out of or

operate within the port, terminal, anchorages, port facilities, Indian offshore facilities or the territorial

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 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 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.

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(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 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;

(d) stoppage of operations or restriction of operations including movement within the port;

(e) requirement of any rectification of deficiencies within the specified period;

(f) detention of vessel;

(g) expulsion of the vessel from port or place; or

(h) such other measures as may be prescribed.

(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.

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 conditions of seafarers or operational safety being

substantially below the required standards; or

308. Costs of detention and damages.—(1) When a vessel is detained under this Act, the owner of

a vessel shall be liable to pay to the Central Government the costs incidental to the detention 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.

309. Procedure for detention of vessel other than Indian vessel.—(1) On receipt of information

from the Government of any State which is a party to any convention under this Act, that any vessel

other than an Indian vessel within the territorial waters of India has contravened the provisions of such

convention, the Central Government may detain the vessel for such period and subject to such conditions

as may be deemed necessary.

(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.

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310. Obligations of ports under conventions and monitoring thereof by Director-General.—(1)

The Director-General shall,—

(a) ensure that the obligations under the conventions are discharged by the ports;

(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 directions as he may deem fit,

for the discharge of obligations by the ports.

311. Power of Central Government in respect of abandoned vessels.—(1) The Central

Government may give such directions in writing, as it deems appropriate, to a port authority or State

Maritime Board or any other authority or agency to render services or assistance or take measures in

respect of any abandoned vessel which is abandoned on or near the coast of India or within the coastal

waters.

(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.

(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.

(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 Settlement of Maritime

Claims) Act, 2017 (22 of 2017), the debt due to the Central Government 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 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.

312. Power to cancel, suspend, etc., certificate of seafarers.—The Central Government may, by

order, cancel or suspend any certificate granted under this Act to any seafarer for any specified period,—

(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 assistance; or

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 seafarer; or

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(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.

313. Re-hearing.—Whenever an investigation or inquiry is made under this Act, the 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.

314. Maintenance of insurance or such other financial security.—Without prejudice to the

insurance or other financial security required to be maintained under Chapters II, III and IV of Part IX,

Part X and Chapter I of Part XII, every registered owner of an Indian vessel shall, for the purpose of

covering his liability under this Act, be required to compulsorily maintain adequate insurance coverage

or such other financial security as may be prescribed.

315. Use and maintenance of electronic records.—(1) Where any provision of this Act or the rules

made thereunder provide for—

(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 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

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.

(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, 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.

316. Classification of vessels.—The Central Government, based on activities performed or services

provided by vessels, may by general or special order, classify the vessels into different categories.

317. Transparency of charges.—(1) The Central Government, in such circumstances as it may, by

notification, specify in this behalf, require every service provider or agent in 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

120

such charges and the issuance of the Bill of Lading or any other 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.

(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 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:

Provided that no order under this section shall be passed without giving the person a reasonable

opportunity of being heard.

318. Power of Director-General to call for information.—The Director-General shall have the

power to call for such information as may be required to ensure compliance with the provisions of this

Act.

319. General power to make rules.—(1) Without prejudice to any other power to make rules

contained 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:—

(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;

(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;

1[(ea) the application for the compounding of an offence, the form and its manner and the sum

payable under sub-sections (1) and (3) of section 282A;]

(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;

1. Ins. by Act 8 of 2026, s. 2 and Sch. (w.e.f. 01.07.2026).

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(i) such other requirements under the Explanation to section 307;

(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;

(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 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

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

320. Provisions with respect to rules.—(1) All rules made under this Act shall be published in the

Official 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, 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 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 be without prejudice to the validity of anything previously done under

that rule.

321. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of

this Act, the Central Government may, by order, published in the Official Gazette, make such provisions

not inconsistent with the provisions of this Act, as appear to it to be necessary, for removing the

difficulty:

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.

(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. Power to constitute committees.—(1) The Central Government may, if it thinks fit, constitute

one or more committees consisting of such number of persons as it may appoint thereto, representing

the interests principally affected or having special knowledge of the subject-matter, for the purpose of

advising it when considering the making or alteration of any rules or scales of fees under this Act or for

any other purpose connected with this Act.

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(2) There shall be paid to the members of any such committee such 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.

323. Power of Central Government to protect interest of Indian Shipping.—(1) The Central

Government may, by order in writing, specify that the provisions of this section 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, which constitute an infringment of the jurisdiction of India, in so far as they

apply to—

(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 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, 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 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.

324. Repeals and savings.—(1) The Merchant Shipping Act, 1958 (44 of 1958) (except Part XIV

but not including section 411A therein) and the Coasting Vessels Act, 1838 (19 of 1838) is hereby

repealed.

(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 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;

this Act or to the provision of this Act;

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(d) any fine levied under any enactment hereby repealed may be recovered as if it had been levied

under this Act;

(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 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, 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 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 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 Act, 1897 (10 of 1897), with regard to the effect of

repeals.

PART XVI

AMENDMENT TO THE MARINE AIDS TO NAVIGATION ACT, 2021

325. Amendment of Act 20 of 2021.—In the Marine Aids to Navigation Act, 2021, after section 48,

the following section shall be inserted, namely:—

“48A. Power of Director-General appointed under Merchant Shipping Act, 2025 to issue

directions.—The Director-General appointed under the Merchant Shipping Act, 2025 may issue such

directions as may be necessary, to the Director General appointed under this Act for the purposes of

implementation of this Act.”.

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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;

(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;

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(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.

SARBANANDA SONOWAL.

NEW DELHI;

The 28th November, 2024.