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Legal Library
THE MERCHANT SHIPPING ACT, 1958
All Acts
THE MERCHANT SHIPPING ACT, 1958
ACT NO. 44 OF 1958 · Enacted [30th October, 1958.] · 584 sections
PRELIMINARY
Section 1.
Short title and commencement.
Section 2.
Application of Act.
Section 3.
Definitions.
NATIONAL SHIPPING BOARD
Section 4.
Establishment of National Shipping Board.
Section 5.
Functions of National Shipping Board.
Section 6.
Power to make rules in respect of matters in this Part.
GENERAL ADMINISTRATION
Section 7.
Director-General of Shipping.
Section 8.
Mercantile Marine Department.
Section 9.
Surveyors.
Section 10.
Radio inspectors.
Section 11.
Shipping offices.
Section 12.
Seamen‟s employment offices.
Section 13.
Seamen‟s welfare officers.
REGISTRATION OF INDIAN SHIPS
Section 20.
Application of Part.
Section 21.
Indian ships.
Section 22.
Obligation to register.
Procedure for registration
Section 23.
Ports of registry.
Section 24.
Registrars of Indian ships.
Section 25.
Register book.
Section 26.
Application for registry.
Section 27.
Survey and measurement of ships before registry.
Section 28.
Marking of ship.
Section 29.
Declaration of ownership on registry.
Section 30.
Evidence on first registry.
Section 31.
Entry of particulars in register book.
Section 32.
Documents to be retained by registrar.
Section 33.
Power of Central Government to inquire into title of Indian ship to be so registered.
Certificate of registry
Section 34.
Grant of certificate of registry.
Section 35.
Custody and use of certificate.
Section 36.
Power to grant new certificate when original certificate is defaced, lost, etc.
Section 37.
Endorsement on certificate of change of master.
Section 38.
Endorsement on certificate of change of ownership.
Section 39.
Delivery of certificate of ship lost or ceasing to be an Indian ship.
Section 40.
Provisional certificate for ships becoming Indian ships abroad.
Section 41.
Temporary pass in lieu of certificate of registry.
Transfers of ships, shares, etc.
Section 42.
Transfer of ships or shares.
Section 43.
Registry of transfer.
Section 44.
Transmission of property in Indian ship on death, insolvency, etc.
Section 45.
Order for sale where ship has ceased to be an Indian ship.
Section 46.
Transfer of ship on sale by order of court.
Section 47.
Mortgage of ship or share.
Section 48.
Entry of discharge of mortgage.
Section 49.
Priority of mortgages.
Section 50.
Mortgagee not deemed to be owner.
Section 51.
Rights of mortgagee.
Section 52.
Mortgage not affected by insolvency.
Section 53.
Transfer of mortgages.
Section 54.
Transmission of interest in mortgage in certain circumstances.
Name of ship
Section 55.
Rules as to name of ship.
Registry of alterations, registry anew and transfer of registry
Section 56.
Registry of alterations.
Section 57.
Regulations for registry of alterations.
Section 58.
Provisional certificate and endorsement where ship is to be registered anew.
Section 59.
Registry anew on change of ownership.
Section 60.
Procedure for registry anew.
Section 61.
Transfer of registry.
Section 62.
Restrictions on re-registry of abandoned ships.
National character and flag
Section 63.
National colours for Indian ships.
Section 64.
Unlawful assumption of Indian character.
Section 65.
Concealment of Indian, or assumption of foreign, character.
Section 66.
Indian ships to hoist proper national colours in certain cases.
Section 67.
National character of ship to be declared before clearance.
Miscellaneous
Section 68.
Liabilities of ships not recognised as Indian ships.
Section 69.
Proceedings on forfeiture of ship.
Section 70.
Notice of trust not received.
Section 71.
Liability of owners.
Section 72.
Evidence of register book, certificate of registry and other documents.
Section 73.
Power to register Government ships under this Part.
Section 74.
Power to make rules in respect of matters in this Part.
Masters, mates, engineers, skippers, etc.
Section 75.
Application of Part.
Section 75A.
Definitions.
Section 76.
Certificates of competency to be held by officers of ships.
Section 77.
When officers deemed duly certificated.
Section 78.
Grade of certificates of competency.
Section 79.
Examination for, and grant of certificate.
Section 80.
[Omitted.].
Section 81.
Form of certificates.
Section 82.
Record of orders affecting certificates.
Section 83.
Loss of certificates.
Section 84.
Production of certificates of competency to shipping master.
Section 85.
Power to cancel or suspend certificates obtained on false or erroneous information.
Section 86.
Recognition of certificate of competency granted in other countries.
Section 86A.
Foreign ships not to sail without certificated officers.
Section 87.
Power to make rules.
OBLIGATION OF CERTAIN CERTIFICATE HOLDERS TO SERVE GOVERNMENT OR IN INDIAN SHIPS
Section 87A.
Definitions.
Section 87B.
Holders of certificates to serve the Government or in Indian ships for certain period.
Section 87C.
Exemption from section 87B.
Section 87D.
Particulars of certificate, etc. to be furnished.
Classification of seamen, seafarer, maritime labour standards and prescription of minimum manning scale
Section 88.
Power to classify seamen.
Section 88A.
Definitions.
Section 88B.
Application of maritime labour standards to seafarers and ships.
Shipping Masters
Section 89.
Duties of shipping masters.
Section 90.
Fees to be paid.
Apprenticeship to the sea service
Section 91.
Assistance for apprenticeship to sea service.
Section 92.
Special provisions as to apprenticeship to the sea service.
Section 93.
Manner in which contract is to be recorded.
Section 94.
Production of contracts to authorised person before voyage in ship.
Seamen’s employment offices
Section 95.
Business of seamen's employment offices.
Section 96.
Supply or engagement of seamen in contravention of Act prohibited.
Section 97.
Receipt of remuneration, donation, fees, etc., from seamen for shipping them prohibited.
Section 97A.
Prohibition against discrimination.
Engagement of seamen
Section 98.
Qualifications for, and medical examination of, seamen.
Section 99.
Prohibition of engagement of seamen in Indian port without discharge certificate.
Section 99A.
Prohibition of engagement of seafarer without seafarer‟s identity document.
Section 100.
Agreements with crew.
Section 101.
Form and contents of the agreement.
Section 102.
Engagement of seaman where agreement is made out of India.
Section 103.
Special provisions with regard to agreements with crew of Indian ships.
Section 104.
Renewal of running agreements in certain cases.
Section 105.
Changes in crew to be reported.
Section 106.
Certificate as to agreement with crew.
Section 107.
Copy of agreement to be made accessible to the crew.
Section 108.
Alteration in agreement with the crew.
Employment of young persons
Section 109.
Prohibition of engagement of underage persons in certain cases.
Section 110.
[Omitted.].
Section 111.
Medical examination of young persons.
Section 112.
Maintenance of list or register of young persons in a ship.
Section 113.
Power to make rules respecting employment of young persons.
Engagement of seamen by masters of ships other than Indian ships
Section 114.
Engagements between seamen and masters of ships other than Indian ships.
Section 115.
Power to prohibit engagement of persons as seamen.
Section 116.
Engagement of seamen outside India for Indian ships.
Section 117.
Power to board ships and master seamen.
Discharge of seamen
Section 118.
Discharge before shipping master.
Section 119.
Certificate of discharge.
Section 120.
Certificate as to work of seamen.
Section 121.
Discharge and leaving behind of seamen by masters of Indian ships.
Section 122.
Wages and other property of seaman or apprentice left behind.
Section 123.
Repatriation of seamen or termination of service at foreign port.
Section 124.
Discharge of seamen on change of ownership.
Payment of wages
Section 125.
Master to deliver account of wages.
Section 126.
Disrating of seamen.
Section 127.
Deductions from wages of seamen.
Section 128.
Payment of wages before shipping master.
Section 129.
Time of payment of wages.
Section 130.
Settlement of wages.
Section 130A.
Certain undisbursed amounts to be utilised for welfare of seamen.
Section 131.
Master to give facilities to seaman for remitting wages.
Section 132.
Decision of questions by shipping masters.
Section 133.
Power of shipping master to require production of ship's papers.
Section 134.
Rule as to payment to seamen in foreign currency.
Advance and allotment of wages
Section 135.
Advance of wages.
Section 136.
Allotment notes respecting seaman's wages.
Section 137.
Commencement and payment of sums allotted.
Rights of seamen in respect of wages
Section 138.
Right to wages and provisions.
Section 138A.
Working hours of seamen.
Section 139.
Right to recover wages and salvage not to be forfeited.
Section 140.
Wages not to depend on freight.
Section 141.
Wages on termination of service by wreck, illness, etc.
Section 142.
Wages not to accrue during absence without leave, refusal to work or imprisonment.
Section 143.
Compensation to seamen for premature discharge.
Section 144.
Restriction on sale of and charge upon wages.
Mode of recovering wages
Section 145.
Summary proceedings for wages.
Section 146.
Restrictions on suits for wages.
Section 147.
Wages not recoverable outside India in certain cases.
Section 148.
Remedies of master for wages, disbursements, etc.
Power of courts to rescind contracts
Section 149.
Power of Court to rescind contract between master, owner or agent and seaman or apprentice.
Disputes between seamen and employers
Section 150.
Power to refer disputes between seamen and their employers to tribunals.
Section 151.
Conditions of service, etc., to remain unchanged during pendency of proceedings before tribunal.
Property of deceased seamen and apprentices
Section 152.
Master to take charge of the effects of deceased seamen.
Section 153.
Dealing with and account of property of seamen who die during voyage.
Section 154.
Master to pay and deliver property of deceased seamen.
Section 155.
Property of deceased seaman left abroad but not on board ship.
Section 156.
Dealing with property of deceased seamen.
Section 157.
Recovery of wages, etc., of seamen lost with their ship.
Section 158.
Property of seamen dying in India.
Section 159.
Payment over of property of deceased seamen by shipping master.
Section 159A.
Nomination.
Section 160.
Disposal of unclaimed property of deceased seamen.
Distressed seamen
Section 161.
Relief and maintenance of distressed seamen.
Section 162.
Mode of providing for return of seamen to proper return port.
Section 163.
Receiving distressed seamen on ships.
Section 164.
Provisions as to taking distressed seamen on ships.
Section 165.
What shall be evidence of distress.
Section 166.
Indian consular office to decide return port to which or route by which seaman is to be sent.
Section 167.
Power to make rules with respect to distressed seamen.
Provisions, health and accommodation
Section 168.
Ships to have sufficient provisions and water.
Section 169.
Allowances for short or bad provisions.
Section 170.
Foreign going Indian ship to carry duly certificated cook.
Section 171.
Weights and measures on board.
Section 172.
Beddings, towels, medicines, medical stores, etc., to be provided and kept on board certain ships.
Section 173.
Certain ships to carry medical officer.
Section 174.
Expenses of medical attendance in case of illness.
Section 175.
Accommodation for seaman.
Section 176.
Inspection by shipping master, etc., of provisions, water, weights and measures and accommodation.
Section 176A.
Ships to possess Maritime Labour Certificate and Declaration of Maritime Labour Compliance.
Section 177.
Inspection by master of provisions, water and accommodation at sea.
Section 177A.
Power to make rules to prevent accidents, etc.
Special provisions for the protection of seamen in respect of litigation
Section 178.
Meaning of serving seaman.
Section 179.
Particulars to be furnished in plaints, etc.
Section 180.
Notice to be given in case of unrepresented seaman.
Section 181.
Power to set aside decrees and orders passed against serving seaman.
Section 182.
Modification of law of limitation where seaman is a party.
Section 183.
Reference in matters of doubt to shipping masters.
Provisions for the protection of seamen in respect of other matters
Section 184.
Facilities for making complaints.
Section 185.
Assignment or sale of salvage invalid.
Section 186.
No debt recoverable till end of voyage.
Section 187.
Seaman's property not to be detained.
Section 188.
Prohibition against solicitation by lodging house keepers.
Section 189.
Ship not to be boarded without permission before seamen leave.
Provisions as to discipline
Section 190.
Misconduct endangering life or ship.
Section 191.
Desertion and absence without leave.
Section 192.
Power to suspend deserter‟s certificate of discharge.
Section 193.
Conveyance of deserter or imprisoned seaman on board ship.
Section 194.
General offences against discipline.
Section 195.
Smuggling of goods by seamen or apprentices.
Section 196.
Entry of offences in official logs.
Section 197.
Report of desertions and absence without leave.
Section 198.
Entries and certificates of desertion abroad.
Section 199.
Facilities for proving desertion in proceedings for forfeiture of wages.
Section 200.
Application of forfeiture.
Section 201.
Decision of questions of forfeiture and deduction in suits for wages.
Section 202.
Payment of fines imposed under agreement to shipping master.
Section 203.
Seaman or apprentice not to be enticed to desert.
Section 204.
Deserters not to be harboured.
Section 205.
Stowaways and seamen carried under compulsion.
Section 206.
Procedure where seaman not shipped in India is imprisoned on complaint of master or owner.
Section 207.
Power to send on board seaman not shipped in India who is undergoing imprisonment.
Section 208.
On change of master, documents to be handed over to successor.
Section 209.
Transmission of documents on transfer of seaman from one ship to another.
Section 210.
Leaving behind in India of seaman or apprentice engaged abroad.
Section 211.
Deserters from foreign ships.
Official logs
Section 212.
Official logs to be kept and to be dated.
Section 213.
Entries in official log books how and when to be made.
Section 214.
Entries required to be made in official log books.
Section 215.
Offences in respect of official logs.
Section 216.
Delivery of official logs to shipping masters.
Section 217.
Official logs to be sent to shipping master in case of transfer of ship or loss.
National Welfare Board of Seafarers
Section 218.
Functions of National Welfare Board for Seafarers.
Section 218A.
Power to make rules for purposes of Maritime Labour Convention.
Survey of passenger ships
Section 219.
Application of Part.
Section 220.
No ship to carry passengers without a certificate of survey.
Section 221.
Power of surveyor.
Section 222.
Fees in respect of survey.
Section 223.
Declaration of survey.
Section 224.
Sending of declaration by owner, agent or master to Central Government.
Section 225.
Grant of certificate of survey by Central Government.
Section 226.
Power of Central Government to order a second survey.
Section 227.
Duration of certificates of survey.
Section 228.
Cancellation or suspension of certificate of survey by Central Government.
Section 229.
Alterations in ships subsequent to grant of certificate of survey, and additional surveys.
Section 230.
Power to require delivery of expired or cancelled certificate of survey.
Section 231.
Certificate of survey to be affixed in conspicuous part of ship.
Section 232.
Ship not to carry passengers in contravention of Act.
Keeping Order in Passenger ships
Section 233.
Offences in connection with passenger ships.
Section 234.
Power to exclude drunken passengers from passenger ships.
Section 235.
Ships with certificates of survey or certificates of partial survey granted outside India.
Section 236.
Power to make rules as to surveys.
Special trade passenger ships and pilgrim ships
Section 237.
Ports or places where special trade passengers or pilgrims may embark or be discharged.
Section 238.
Notice to be given of day of sailing.
Section 239.
Power to enter on and inspect ship.
Section 240.
Ship not to sail without certificates A and B.
Section 241.
Contents of certificate A.
Section 242.
Contents of certificate B.
Section 243.
Officers entitled to grant certificates.
Section 244.
Survey of ship.
Section 245.
Discretion as to grant of certificate B.
Section 246.
Copy of certificate A to be exhibited.
Section 247.
Special trade passengers or pilgrims to be supplied with prescribed provisions.
Section 248.
Number of passengers on board not to exceed that allowed by or under this Part.
Section 249.
Special trade passenger or pilgrim not to be landed at a place other than that at which he has contracted to land.
Section 250.
Forwarding of passengers by Indian consular officers.
Section 251.
Recovery of expenses incurred in forwarding passengers.
Section 252.
Ship not to make voyage in contravention of contract.
Section 253.
Information to be sent to ports of embarkation and discharge.
Section 254.
Reports etc., under section 253 to be admissible in evidence.
Section 255.
Destination of ship, time of sailing etc., to be advertised.
Section 256.
Ship taking additional passengers at intermediate place.
Section 257.
Statements concerning passengers.
Section 258.
Death of special trade passengers on voyage.
Section 259.
Certain ships to carry medical officer and attendants.
Section 260.
Bringing passengers from foreign port in excess of authorised number prohibited.
Section 261.
[Repealed.].
Section 261A.
Bunks to be provided for passengers.
Section 261B.
Space to be provided for passengers when bunks are not provided.
Section 261C.
Airing space to be provided for passengers.
Section 262.
Power to make rules as to special trade passenger ships.
Section 263.
[Repealed.].
Section 264.
Hospital accommodation.
Section 265.
[Omitted.].
Section 266.
[Omitted.].
Section 267.
[Omitted.].
Section 268.
[Omitted.].
Section 269.
[Omitted.].
Section 270.
Bond where pilgrim ship proceeds on outward voyage.
Section 271.
Medical inspection and permission required before embarkation of pilgrims.
Section 272.
Medical inspection after embarkation in certain cases.
Section 273.
Pilgrims to arrange return passages.
Section 274.
Issue or production of tickets.
Section 275.
Refund of passage money and deposits.
Section 276.
Disposal of unclaimed passage money and deposit.
Section 277.
Cost of return journey of pilgrims on ships other than those for which return ticket is available.
Section 278.
[Omitted.].
Section 279.
Compensation for delay in sailing.
Section 280.
Substitution of ships.
Section 281.
Sanitary taxes payable by master of pilgrim ship.
Section 282.
Power to make rules relating to pilgrim ships.
SAFETY
Section 283.
Countries to which Load Line Convention or Safety Convention applies.
Section 283A.
Definitions.
Construction of ships
Section 284.
Construction rules.
Prevention of collisions
Section 285.
Collision regulations.
Section 286.
Observance of collision regulations.
Section 287.
Inspectors of lights and shapes and fog and distress signals.
Life saving appliances and fire appliances
Section 288.
Power to make rules as to life saving appliances.
Section 289.
Rules relating to fire appliances.
Section 290.
Inspection of life saving appliances and fire appliances.
Installation of Radio Telegraphy, Radio Telephony and Direction Finders
Section 291.
Radio requirements.
Section 292.
Radio direction finding apparatus.
Section 293.
Radio log.
Section 294.
Powers of radio inspectors.
Section 295.
Application of this Part to ships other than Indian ships.
Section 296.
Power to make rules.
Signalling lamps
Section 297.
Signalling lamps.
Stability Information
Section 298.
Information about ship‟s stability.
Safety certificates, safety equipment certificates, safety radio certificates, exemption certificates, etc.
Section 299.
Safety certificates and qualified safety certificates for passenger ships.
Section 299A.
Safety construction certificates and construction certificates for cargo ships.
Section 299B.
Power to make rules.
Section 300.
Cargo ship safety equipment and cargo ship equipment certificates for ships other than passenger ships.
Section 301.
Cargo ship safety radio certificate and qualified cargo ship safety radio certificate etc.
Section 302.
Exemption certificates.
Section 303.
Duration of certificates.
Section 304.
Modification of safety convention certificates as respects life saving appliances.
Section 305.
Recognition of certificates issued outside India.
Section 306.
Issue of certificates to foreign ships in India and Indian ships in foreign countries.
Section 307.
Prohibition on proceeding to sea without certificates.
Section 308.
Production of certificates by ships other than Indian ships.
Section 309.
Application of certain sections to certificates.
Section 309A.
Alterations pending issue of a safely convention certificate.
Load lines
Section 310.
Ships exempt from provisions relating to load lines.
Section 311.
Power to make rules as to load lines.
Section 312.
Marking of deck line and load lines.
Section 312A.
Alterations after survey.
Section 313.
Submersion of load lines.
Section 314.
Maintenance of load line marks.
Section 315.
Inspection of ships with respect to load lines.
Load line certificates
Section 316.
Issue of load line certificates and effect thereof.
Section 317.
Duration and cancellation of certificates.
Section 318.
Ships not to proceed to sea without certificate.
Section 319.
Publication of load line certificate and particulars relating to depth of loading.
Section 320.
Insertion of particulars as to load lines in agreements with crew.
Special provisions as to ships other than Indian ships
Section 321.
Issue to load line certificates to foreign ships in India and Indian ships in foreign countries.
Section 322.
Recognition of load line certificates issued outside India.
Section 323.
Inspection and control of Load Line Convention ships other than Indian ships.
Section 324.
Certificate of Load Line Convention ships other than Indian ships to be produced to customs.
Section 325.
Marking of deck line and load lines of ships other than Indian ships.
Section 326.
Submersion of load line of ships other than Indian ships.
Section 327.
Inspection of ships other than Indian ships belonging to non-Convention countries.
Section 328.
Load line certificates of ships other than Indian ships.
Section 329.
Certificates to be produced to customs by ships other than Indian ships registered in non-Convention countries.
Loading of timber
Section 330.
Power to make rules as to timber cargo.
Dangerous goods and grain cargoes
Section 331.
Carriage of dangerous goods.
Section 331A.
Grain loading plan.
Section 332.
Carriage of grain.
Sub-division load lines
Section 333.
Submersion of sub-division load lines in case of passenger ships.
Unseaworthy ships
Section 334.
Unseaworthy ship not to be sent to sea.
Section 335.
Obligation of owner to crew with respect to seaworthiness.
Detention of unsafe ships by the Central Government
Section 336.
Power to detain unsafe ship and procedure for detention.
Costs of detention and damages incidental thereto
Section 337.
Liability of Central Government for costs and damage when ship wrongly detained.
Section 338.
Liability of shipowner for costs when ship rightly detained.
Section 339.
Method of calculating costs of detention and survey.
Section 340.
Power to require from complainant security for costs, etc.
Section 341.
Costs, etc., payable by Central Government recoverable from complainant.
Section 342.
Application to ships other than Indian ships of provisions as to detention.
Section 343.
Exemption of ships from certain provisions of this Part.
Section 344.
Power to make rules respecting certificates under this Part.
NUCLEAR SHIPS
Section 344-I.
Power to make rules.
Section 344A.
Application of Act to nuclear ships.
Section 344B.
Nuclear passenger ship safety certificates and nuclear cargo ship safety certificates.
Section 344C.
Prohibition of proceeding to sea without certificates.
Section 344D.
Safety assessment and operating manual.
Section 344E.
Foreign nuclear ships to give advance notice of arrival.
Section 344F.
Control on arrival of nuclear ships.
Section 344G.
Notice of accidents to nuclear ships.
Section 344H.
Application of certain sections to or in relation to certain certificates under section 344B.
SECURITY OF SHIPS AND PORT FACILITIES
Section 344-O.
Obligations of companies, etc.
Section 344J.
Application.
Section 344K.
Definitions.
Section 344L.
Ship identification number.
Section 344M.
Security measures.
Section 344N.
Port facility assessment.
Section 344P.
Obligations of port facility.
Section 344Q.
International Ship Security Certificate.
Section 344R.
Ship Security Alert System.
Section 344S.
Control measures.
Section 344T.
Power to make rules.
COLLISIONS, ACCIDENTS AT SEA AND LIABILITY
Section 345.
Division of loss in case of collision.
Section 346.
Damages for personal injury.
Section 347.
Right of contribution.
Section 348.
Duty of master of ship to assist in case of collision.
Section 349.
Collision to be entered in official log.
Section 350.
Report to Central Government of accidents to ship.
Section 351.
Notice of loss of Indian ship to be given to Central Government.
LIMITATION OF LIABILITY
Section 352.
Definitions.
Section 352A.
Limitation of liability of damages in respect of certain claims.
Section 352B.
Limits of liability.
Section 352C.
Limitation Fund and consolidation of claims.
Section 352D.
Release of ship, etc.
Section 352E.
Scope of application.
Section 352F.
Application of this Part to charterer, manager, etc., of a vessel.
Section 352FA.
Power to make rules.
CIVIL LIABILITY FOR OIL POLLUTION DAMAGE
Section 352-I.
Liability of owner.
Section 352G.
Application.
Section 352H.
Definitions.
Section 352J.
Limitation of liability.
Section 352K.
Constitution of limitation fund.
Section 352L.
Acquisition of right for compensation by subrogation.
Section 352M.
Consolidation of claim and distribution of fund.
Section 352N.
Compulsory insurance or other financial guarantee.
Section 352O.
Acceptance of certificates issued outside India.
Section 352P.
Ban on entering or leaving an Indian port without certificate.
Section 352Q.
Government ships.
Section 352R.
Power to make rules.
INTERNATIONAL OIL POLLUTION COMPENSATION FUND
Section 352S.
Definitions.
Section 352T.
Contribution to the Fund.
Section 352U.
Contribution payable by persons to the Fund.
Section 352V.
Power to call for information.
Section 352W.
Liability of the Fund.
Section 352X.
Jurisdiction of Courts.
Section 352Y.
Extinguishment of claims.
Section 352Z.
Subrogation and right of recourse.
Section 352ZA.
Power to make rules.
NAVIGATION
Section 353.
Method of giving helm orders.
Section 354.
Duty to report dangers to navigation.
Section 354A.
Communication of intelligence regarding dangers to navigation.
Section 355.
Obligation to render assistance on receiving signal of distress.
Section 355A.
Obligation to render assistance to persons in danger.
Section 356.
Power to make rules as to signals.
PREVENTION AND CONTAINMENT OF POLLUTION OF THE SEA BY OIL
Section 356-I.
Oil reception facilities at ports in India.
Section 356A.
Application.
Section 356B.
Definitions.
Section 356C.
Issue of pollution prevention certificate.
Section 356D.
Issue of certificates for foreign ships in India and Indian ships in foreign countries.
Section 356E.
Requirement for construction and equipment in ships to prevent pollution.
Section 356F.
Record books.
Section 356G.
Inspection and control of oil tankers and other ships to which this Part applies.
Section 356H.
Information regarding contravention of provisions of Convention.
PROVISIONS FOR CONTAINMENT OF ACCIDENTAL POLLUTION
Section 356-O.
Power to make rules.
Section 356J.
Power to give a notice to owner, etc., of polluting ship.
Section 356K.
Powers to take measures for preventing or containing oil pollution.
Section 356L.
Power of the Central Government to give directions to certain ships to render certain services.
Section 356M.
[Repealed.].
Section 356N.
[Repealed.].
CONTROL OF HARMFUL ANTI-FOULING SYSTEMS OF SHIPS
Section 356P.
Application.
Section 356Q.
Definitions.
Section 356R.
Control of anti-fouling systems.
Section 356S.
Issuance of International Anti-Fouling System Certificate.
Section 356T.
Issue of Anti-Fouling System Certificate for foreign ships in India and Indian ships in foreign countries.
Section 356U.
Controls of waste materials.
Section 356V.
Record of anti-fouling systems.
Section 356W.
Inspection and control of all ships above 400 gross tonnage.
Section 356X.
Information regarding contravention of the provisions of Convention.
Section 356Y.
Power to make rules.
INVESTIGATIONS AND INQUIRIES
Section 357.
Definition of “coasts”.
Section 358.
Shipping casualties and report thereof.
Section 359.
Report of shipping casualties to Central Government.
Section 360.
Application to court for formal investigation.
Section 361.
Court empowered to make formal investigation.
Section 362.
Power of court of investigation to inquire into charges against masters, mates and engineers.
Section 363.
Power of Central Government to direct inquiry into charges of incompetency or misconduct.
Section 364.
Opportunity to be given to person to make defence.
Section 365.
Power of court as to evidence and regulation of proceedings.
Section 366.
Assessors.
Section 367.
Power to arrest witnesses and enter ships.
Section 368.
Power to commit for trial and bind over witnesses.
Section 369.
Report by court to Central Government.
Section 370.
Powers of court as to certificates granted by Central Government.
Section 371.
Power of court to censure master, mate or engineer.
Section 372.
Power of court to remove master and appoint new master.
Marine Board
Section 373.
Convening of Marine Boards outside India.
Section 374.
Constitution and procedure of Marine Board.
Section 375.
Decisions of Marine Board to be by majority.
Section 376.
Powers of Marine Board.
Miscellaneous provisions relating to cancellation and suspension of certificates
Section 377.
Powers of Central Government to cancel, suspend, etc., certificate of master, mate or engineer.
Section 378.
Delivery of Indian certificate cancelled or suspended.
Section 379.
Effect of cancellation or suspension of certificate.
Section 380.
Suspended certificate not to be endorsed.
Section 381.
Power of Central Government to cancel or suspend other certificates.
Re-hearing of cases
Section 382.
Re-hearing.
Courts of survey
Section 383.
Constitution of court of survey.
Section 384.
Appeal from surveyor to court of survey.
Section 385.
Powers and procedure of court of survey.
Section 386.
Power to make rules.
Scientific referees
Section 387.
Reference in difficult cases to scientific persons.
Investigations into explosions or fires on board ships
Section 388.
Power to investigate causes of explosion or fire on board ship.
Section 389.
Report to be made regarding cause of explosion or fire.
WRECK AND SALVAGE WRECK
Section 390.
Definition of “coasts”.
Section 391.
Receivers of wreck.
Section 392.
Duty of receiver where vessel is in distress.
Section 393.
Power to pass over adjoining lands.
Section 394.
Power of receiver of wreck to suppress, plunder and disorder by force.
Section 395.
Procedure to be observed by persons finding wreck.
Section 396.
Investigation of certain matters in respect of vessels wrecked, etc.
Section 397.
Notice to be given by receiver.
Section 398.
Immediate sale of wreck by receiver in certain cases.
Section 399.
Claims of owners to wreck.
Section 400.
Prohibition of certain acts in respect of wreck.
Section 401.
Search warrants where wreck is concealed.
Section 402.
Salvage payable for saving life, cargo or wreck.
Section 403.
Savings.
Section 404.
Power to make rules respecting wreck and salvage.
CONTROL OF INDIAN SHIPS AND SHIPS ENGAGED IN COASTING TRADE
Section 405.
Application of Part.
Section 406.
Indian ships and chartered ships to be licensed.
Section 407.
Licensing of ships for coasting trade.
Section 408.
Revocation or modification of licence.
Section 409.
Licences to be surrendered when they cease to be valid.
Section 410.
No port clearance until licence is produced.
Section 411.
Power to give directions.
Section 411A.
Powers of the Central Government to protect interests of Indian shipping from undue foreign intervention.
Section 412.
[Repealed.].
Section 413.
Power of Director-General to call for information.
Section 414.
Power to make rules.
SAILING VESSELS
Section 415.
Application of Part.
Section 416.
Decision of question whether a vessel is a sailing vessel.
Section 417.
Certificate of registry.
Section 418.
Particulars relating to sailing vessel to be painted.
Section 419.
Change of name of sailing vessel.
Section 420.
Prevention of overloading or overcrowding.
Section 421.
Certificate of inspection.
Section 422.
Cancellation, re-issue, etc., of certificate of inspection.
Section 423.
Registry of alterations.
Section 424.
Transfer of registry.
Section 425.
Closure of registry.
Section 426.
Restriction on transfer of sailing vessel.
Section 427.
Mortgages of sailing vessels.
Section 428.
Fraudulent use of certificate of registry or certificate of inspection, etc., prohibited.
Section 429.
Statement relating to crew of sailing vessel to be maintained.
Section 430.
Inquiry into jettisoning of cargo.
Section 431.
Non-Indian sailing vessels not to engage in coasting trade without permission.
Section 432.
Detention of overloaded non-Indian sailing vessels.
Section 433.
Power of courts to rescind contracts between owner and tindal.
Section 434.
Application to sailing vessels of other provisions relating to ships.
Section 434A.
Insurance of members of crew of asailing vessel.
Section 434B.
Policy of insurance.
Section 435.
Power to make rules respecting sailing vessels.
FISHING BOATS
Section 435-I.
Change of name of Indian fishing boat.
Section 435A.
Application of Part.
Section 435B.
Definition.
Section 435C.
Obligation to register.
Section 435D.
Port of registry.
Section 435E.
Registrars of Indian fishing boats.
Section 435F.
Application for registry.
Section 435G.
Certificate of registry.
Section 435H.
Particular relating to Indian fishing boats to be painted.
Section 435J.
Special provision for Indian fishing boats.
Section 435K.
Certificate of inspection.
Section 435L.
Cancellation, re-issue, etc. of certificate of inspection.
Section 435M.
Inspection of safety equipments and appliances.
Section 435N.
Registration of alteration.
Section 435O.
Transfer of registry.
Section 435P.
Closure of registry.
Section 435Q.
Restriction on Transfer of Indian fishing boats.
Section 435R.
Mortgage of Indian fishing boats.
Section 435S.
Fraudulent use of certificate of registry or certificate of inspection, etc., prohibited.
Section 435T.
Statement relating to crew of Indian fishing boat to be maintained.
Section 435U.
Power to make rules respecting Indian fishing boats.
Section 435V.
Application to Indian fishing boats of other provisions relating to ships.
Section 435W.
Fishery data to be furnished by Indian fishing boats.
Section 435X.
Power to exempt.
Penalties
Section 436.
Penalties.
Section 437.
Place of trial.
Section 438.
Cognizance of offences.
Section 439.
Jurisdiction of Magistrate.
Section 440.
Special provision regarding punishment.
Section 441.
Offences by companies.
Section 442.
Depositions to be received in evidence when witness cannot be produced.
Section 443.
Power to detain foreign ship that has occasioned damage.
Section 444.
Power to enforce detention of ship.
Section 445.
Levy of wages, etc., by distress of movable property or ship.
Section 446.
Notice to be given to consular representative of proceedings taken in respect of foreign ship.
Section 447.
Application of fines.
Section 448.
Service of documents.
MISCELLANEOUS
Section 449.
Power to appoint examiners and to make rules as to qualifications of ship surveyors.
Section 450.
No person to practise as ship surveyor unless qualified.
Section 451.
Power of ship surveyor to inspect ship.
Section 452.
Inquiry into cause of death on board Indian ship.
Section 453.
Certain persons deemed to be public servants.
Section 454.
Powers of persons authorised to investigate, etc.
Section 454A.
Power to prescribe alternative fittings, etc.
Section 455.
Exemption of public ships, foreign and Indian.
Section 456.
Power to exempt.
Section 457.
General power to make rules.
Section 458.
Provisions with respect to rules and regulations.
Section 459.
Power to constitute committees to advise on rules, regulations and scales of fees.
Section 460.
Protection of persons acting under Act.
Section 460A.
Removal of difficulties.
REPEALS AND SAVINGS
Section 461.
Repeals and savings.