THE MERCHANT SHIPPING ACT, 1958  
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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 

NATIONAL SHIPPING BOARD 

 4. Establishment of National Shipping Board. 

5. Functions of National Shipping Board. 

6. Power to make rules in respect of matters in this Part. 

PART III 

GENERAL ADMINISTRATION 

7. Director-General of Shipping. 

8. Mercantile Marine Department. 

9. Surveyors. 

10.  Radio inspectors. 

11.  Shipping offices. 

12. Seamen‟s employment offices. 

13. Seamen‟s welfare officers. 

20. Application of Part. 

21. Indian ships. 

22. Obligation to register. 

23. Ports of registry. 

24. Registrars of Indian ships. 

[PART IV.―Omitted.]. 

PART V 

REGISTRATION OF INDIAN SHIPS 

Procedure for registration 

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SECTIONS 

25. Register book. 

26. Application for registry. 

27. Survey and measurement of ships before registry. 

28. Marking of ship. 

29. Declaration of ownership on registry. 

30. Evidence on first registry. 

31. Entry of particulars in register book. 

32. Documents to be retained by registrar. 

33. Power of Central Government to inquire into title of Indian ship to be so registered. 

Certificate of registry 

34. Grant of certificate of registry. 

35. Custody and use of certificate. 

36. Power to grant new certificate when original certificate is defaced, lost, etc. 

37. Endorsement on certificate of change of master. 

38. Endorsement on certificate of change of ownership. 

39. Delivery of certificate of ship lost or ceasing to be an Indian ship. 

40. Provisional certificate for ships becoming Indian ships abroad. 

41. Temporary pass in lieu of certificate of registry. 

Transfers of ships, shares, etc. 

42. Transfer of ships or shares. 

43. Registry of transfer. 

44. Transmission of property in Indian ship on death, insolvency, etc. 

45. Order for sale where ship has ceased to be an Indian ship. 

46. Transfer of ship on sale by order of court. 

47. Mortgage of ship or share. 

48. Entry of discharge of mortgage. 

49. Priority of mortgages. 

50. Mortgagee not deemed to be owner. 

51. Rights of mortgagee. 

52. Mortgage not affected by insolvency. 

53. Transfer of mortgages. 

54. Transmission of interest in mortgage in certain circumstances. 

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SECTIONS 

55. Rules as to name of ship. 

Name of ship 

Registry of alterations, registry anew and transfer of registry 

56. Registry of alterations. 

57. Regulations for registry of alterations. 

58. Provisional certificate and endorsement where ship is to be registered anew. 

59. Registry anew on change of ownership. 

60. Procedure for registry anew. 

61. Transfer of registry. 

62. Restrictions on re-registry of abandoned ships. 

National character and flag 

63. National colours for Indian ships. 

64. Unlawful assumption of Indian character. 

65. Concealment of Indian, or assumption of foreign, character. 

66. Indian ships to hoist proper national colours in certain cases. 

67. National character of ship to be declared before clearance. 

68. Liabilities of ships not recognised as Indian ships. 

Miscellaneous 

69. Proceedings on forfeiture of ship. 

70. Notice of trust not received. 

71. Liability of owners. 

72. Evidence of register book, certificate of registry and other documents. 

73. Power to register Government ships under this Part. 

74. Power to make rules in respect of matters in this Part. 

PART VI 

CERTIFICATES OF OFFICERS 

Masters, mates, engineers, skippers, etc. 

75. Application of Part. 

75A. Definitions. 

76. Certificates of competency to be held by officers of ships. 

77. When officers deemed duly certificated. 

78. Grade of certificates of competency. 

79. Examination for, and grant of certificate. 

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SECTIONS 

80. [Omitted.]. 

81. Form of certificates. 

82. Record of orders affecting certificates. 

83. Loss of certificates. 

84. Production of certificates of competency to shipping master. 

85. Power to cancel or suspend certificates obtained on false or erroneous information. 

86. Recognition of certificate of competency granted in other countries. 

86A. Foreign ships not to sail without certificated officers. 

87. Power to make rules. 

PART VIA 

OBLIGATION OF CERTAIN CERTIFICATE HOLDERS TO SERVE GOVERNMENT OR IN INDIAN SHIPS 

87A. Definitions. 

87B. Holders of certificates to serve the Government or in Indian ships for certain period. 

87C. Exemption from section 87B. 

87D. Particulars of certificate, etc. to be furnished. 

PART VII 

SEAMEN AND APPRENTICES 

Classification of seamen, seafarer, maritime labour standards and prescription of minimum 

manning scale 

88. Power to classify seamen. 

88A. Definitions.  

88B. Application of maritime labour standards to seafarers and ships. 

Shipping Masters 

89. Duties of shipping masters. 
90. Fees to be paid. 

Apprenticeship to the sea service 

91. Assistance for apprenticeship to sea service. 

92. Special provisions as to apprenticeship to the sea service. 

93. Manner in which contract is to be recorded. 

94.  Production of contracts to authorised person before voyage in ship. 

Seamen’s employment offices 

95. Business of seamen's employment offices. 

96. Supply or engagement of seamen in contravention of Act prohibited. 

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SECTIONS 

97. Receipt of remuneration, donation, fees, etc., from seamen for shipping them prohibited. 

97A. Prohibition against discrimination. 

98. Qualifications for, and medical examination of, seamen. 

Engagement of seamen 

99. Prohibition of engagement of seamen in Indian port without discharge certificate. 

99A. Prohibition of engagement of seafarer without seafarer‟s identity document. 

100. Agreements with crew. 

101. Form and contents of the agreement. 

102. Engagement of seaman where agreement is made out of India. 

103. Special provisions with regard to agreements with crew of Indian ships. 

104. Renewal of running agreements in certain cases. 

105. Changes in crew to be reported. 

106. Certificate as to agreement with crew. 

107. Copy of agreement to be made accessible to the crew. 

108. Alteration in agreement with the crew. 

109. Prohibition of engagement of underage persons in certain cases. 

Employment of young persons 

110. [Omitted.]. 

111. Medical examination of young persons. 

112. Maintenance of list or register of young persons in a ship. 

113. Power to make rules respecting employment of young persons. 

Engagement of seamen by masters of ships other than Indian ships  

114. Engagements between seamen and masters of ships other than Indian ships.  

115. Power to prohibit engagement of persons as seamen. 

116. Engagement of seamen outside India for Indian ships. 

117. Power to board ships and master seamen. 

Discharge of seamen 

118. Discharge before shipping master. 

119. Certificate of discharge. 

120. Certificate as to work of seamen. 

121. Discharge and leaving behind of seamen by masters of Indian ships. 

122. Wages and other property of seaman or apprentice left behind. 

123. Repatriation of seamen or termination of service at foreign port. 

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SECTIONS 

124. Discharge of seamen on change of ownership. 

Payment of wages 

125. Master to deliver account of wages. 

126. Disrating of seamen. 

127. Deductions from wages of seamen. 

128. Payment of wages before shipping master. 

129. Time of payment of wages. 

130. Settlement of wages. 

130A. Certain undisbursed amounts to be utilised for welfare of seamen. 

131. Master to give facilities to seaman for remitting wages. 

132. Decision of questions by shipping masters. 

133. Power of shipping master to require production of ship's papers. 

134. Rule as to payment to seamen in foreign currency. 

Advance and allotment of wages 

135. Advance of wages. 

136. Allotment notes respecting seaman's wages. 

137. Commencement and payment of sums allotted. 

Rights of seamen in respect of wages 

138. Right to wages and provisions. 

138A. Working hours of seamen. 

139. Right to recover wages and salvage not to be forfeited. 

140. Wages not to depend on freight. 

141. Wages on termination of service by wreck, illness, etc. 

142. Wages not to accrue during absence without leave, refusal to work or imprisonment. 

143. Compensation to seamen for premature discharge. 

144. Restriction on sale of and charge upon wages. 

Mode of recovering wages 

145. Summary proceedings for wages. 

146. Restrictions on suits for wages. 

147. Wages not recoverable outside India in certain cases. 

148. Remedies of master for wages, disbursements, etc. 

149.  Power  of  Court  to  rescind  contract  between  master,  owner  or  agent  and  seaman  or 

Power of courts to rescind contracts 

apprentice. 

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SECTIONS 

Disputes between seamen and employers 

150. Power to refer disputes between seamen and their employers to tribunals. 

151.  Conditions  of  service,  etc.,  to  remain  unchanged  during  pendency  of  proceedings  before 

tribunal. 

Property of deceased seamen and apprentices 

152. Master to take charge of the effects of deceased seamen. 

153. Dealing with and account of property of seamen who die during voyage. 

154. Master to pay and deliver property of deceased seamen. 

155. Property of deceased seaman left abroad but not on board ship. 

156. Dealing with property of deceased seamen. 

157. Recovery of wages, etc., of seamen lost with their ship. 

158. Property of seamen dying in India. 

159. Payment over of property of deceased seamen by shipping master. 

159A. Nomination. 

160. Disposal of unclaimed property of deceased seamen. 

Distressed seamen 

161. Relief and maintenance of distressed seamen. 

162. Mode of providing for return of seamen to proper return port. 

163. Receiving distressed seamen on ships. 

164. Provisions as to taking distressed seamen on ships. 

165. What shall be evidence of distress. 

166. Indian consular office to decide return port to which or route by which seaman is to be sent. 

167. Power to make rules with respect to distressed seamen. 

Provisions, health and accommodation 

168. Ships to have sufficient provisions and water. 

169. Allowances for short or bad provisions. 

170. Foreign going Indian ship to carry duly certificated cook. 

171. Weights and measures on board. 

172. Beddings, towels, medicines, medical stores, etc., to be provided and kept on board certain 

ships. 

173. Certain ships to carry medical officer. 

174. Expenses of medical attendance in case of illness. 

175. Accommodation for seaman. 

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SECTIONS 

176.  Inspection  by  shipping  master,  etc.,  of  provisions,  water,  weights  and  measures  and 

accommodation. 

176A.  Ships  to  possess  Maritime  Labour  Certificate  and  Declaration  of  Maritime  Labour 

Compliance. 

177. Inspection by master of provisions, water and accommodation at sea. 

177A. Power to make rules to prevent accidents, etc. 

Special provisions for the protection of seamen in respect of litigation 

178. Meaning of serving seaman. 

179. Particulars to be furnished in plaints, etc. 

180. Notice to be given in case of unrepresented seaman. 

181. Power to set aside decrees and orders passed against serving seaman. 

182. Modification of law of limitation where seaman is a party. 

183. Reference in matters of doubt to shipping masters. 

Provisions for the protection of seamen in respect of other matters 

184. Facilities for making complaints. 

185. Assignment or sale of salvage invalid. 

186. No debt recoverable till end of voyage. 

187. Seaman's property not to be detained. 

188. Prohibition against solicitation by lodging house keepers. 

189. Ship not to be boarded without permission before seamen leave. 

Provisions as to discipline 

190. Misconduct endangering life or ship. 

191. Desertion and absence without leave. 

192. Power to suspend deserter‟s certificate of discharge. 

193. Conveyance of deserter or imprisoned seaman on board ship. 

194. General offences against discipline. 

195. Smuggling of goods by seamen or apprentices. 

196. Entry of offences in official logs. 

197. Report of desertions and absence without leave. 

198. Entries and certificates of desertion abroad. 

199. Facilities for proving desertion in proceedings for forfeiture of wages. 

200. Application of forfeiture. 

201. Decision of questions of forfeiture and deduction in suits for wages. 

202. Payment of fines imposed under agreement to shipping master. 

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SECTIONS 

203. Seaman or apprentice not to be enticed to desert. 

204. Deserters not to be harboured. 

205. Stowaways and seamen carried under compulsion. 

206.  Procedure  where  seaman  not  shipped  in  India  is  imprisoned  on  complaint  of  master  or 

owner. 

207. Power to send on board seaman not shipped in India who is undergoing imprisonment. 

208. On change of master, documents to be handed over to successor. 

209. Transmission of documents on transfer of seaman from one ship to another. 

210. Leaving behind in India of seaman or apprentice engaged abroad. 

211. Deserters from foreign ships. 

Official logs 

212. Official logs to be kept and to be dated. 

213. Entries in official log books how and when to be made. 

214. Entries required to be made in official log books. 

215. Offences in respect of official logs. 

216. Delivery of official logs to shipping masters. 

217. Official logs to be sent to shipping master in case of transfer of ship or loss. 

National Welfare Board of Seafarers 

218. Functions of National Welfare Board for Seafarers. 

218A. Power to make rules for purposes of Maritime Labour Convention. 

PART VIII 

PASSENGER SHIPS  

Survey of passenger ships 

219. Application of Part. 

220. No ship to carry passengers without a certificate of survey. 

221. Power of surveyor. 

222. Fees in respect of survey. 

223. Declaration of survey. 

224. Sending of declaration by owner, agent or master to Central Government. 

225. Grant of certificate of survey by Central Government. 

226. Power of Central Government to order a second survey. 

227. Duration of certificates of survey. 

228. Cancellation or suspension of certificate of survey by Central Government. 

229. Alterations in ships subsequent to grant of certificate of survey, and additional surveys. 

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SECTIONS 

230. Power to require delivery of expired or cancelled certificate of survey. 

231. Certificate of survey to be affixed in conspicuous part of ship. 

232. Ship not to carry passengers in contravention of Act. 

Keeping Order in Passenger ships 

233. Offences in connection with passenger ships. 

234. Power to exclude drunken passengers from passenger ships. 

235. Ships with certificates of survey or certificates of partial survey granted outside India. 

236. Power to make rules as to surveys. 

237. Ports or places where special trade passengers or pilgrims may embark or be discharged. 

Special trade passenger ships and pilgrim ships 

238. Notice to be given of day of sailing. 

239. Power to enter on and inspect ship. 

240. Ship not to sail without certificates A and B. 

241. Contents of certificate A. 

242. Contents of certificate B. 

243. Officers entitled to grant certificates. 

244. Survey of ship. 

245. Discretion as to grant of certificate B. 

246. Copy of certificate A to be exhibited. 

247. Special trade passengers or pilgrims to be supplied with prescribed provisions. 

248. Number of passengers on board not to exceed that allowed by or under this Part. 

249. Special trade passenger or pilgrim not to be landed at a place other than that at which he has 

contracted to land. 

250. Forwarding of passengers by Indian consular officers. 

251. Recovery of expenses incurred in forwarding passengers. 

252. Ship not to make voyage in contravention of contract. 

253. Information to be sent to ports of embarkation and discharge. 

254. Reports etc., under section 253 to be admissible in evidence. 

255. Destination of ship, time of sailing etc., to be advertised. 

256. Ship taking additional passengers at intermediate place. 

257. Statements concerning passengers. 

258. Death of special trade passengers on voyage. 

259. Certain ships to carry medical officer and attendants. 

260. Bringing passengers from foreign port in excess of authorised number prohibited. 

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SECTIONS 

261. [Repealed.].  

261A. Bunks to be provided for passengers. 

261B. Space to be provided for passengers when bunks are not provided. 

261C. Airing space to be provided for passengers. 

262. Power to make rules as to special trade passenger ships. 

263. [Repealed.]. 

264. Hospital accommodation. 

265. [Omitted.]. 

266. [Omitted.]. 

 267. [Omitted.]. 

 268. [Omitted.]. 

 269. [Omitted.]. 

270. Bond where pilgrim ship proceeds on outward voyage. 

271. Medical inspection and permission required before embarkation of pilgrims. 

272. Medical inspection after embarkation in certain cases. 

273. Pilgrims to arrange return passages. 

274. Issue or production of tickets. 

275. Refund of passage money and deposits. 

276. Disposal of unclaimed passage money and deposit. 

277.  Cost  of  return  journey  of  pilgrims  on  ships  other  than  those  for  which  return  ticket  is 

available. 

278. [Omitted.]. 

279. Compensation for delay in sailing. 

280. Substitution of ships. 

281. Sanitary taxes payable by master of pilgrim ship. 

282. Power to make rules relating to pilgrim ships. 

PART IX 

SAFETY 

283. Countries to which Load Line Convention or Safety Convention applies. 

283A. Definitions. 

284. Construction rules. 

285. Collision regulations. 

Construction of ships 

Prevention of collisions 

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SECTIONS 

286. Observance of collision regulations. 

287. Inspectors of lights and shapes and fog and distress signals. 

Life saving appliances and fire appliances 

288. Power to make rules as to life saving appliances. 

289. Rules relating to fire appliances. 

290. Inspection of life saving appliances and fire appliances. 

Installation of Radio Telegraphy, Radio Telephony and Direction Finders 

291. Radio requirements. 

292. Radio direction finding apparatus. 

293.  Radio log. 

294. Powers of radio inspectors. 

295. Application of this Part to ships other than Indian ships. 

296. Power to make rules. 

297. Signalling lamps. 

Signalling lamps 

Stability Information 

298. Information about ship‟s stability. 

Safety certificates, safety equipment certificates, safety radio certificates, exemption certificates, 

etc. 

299. Safety certificates and qualified safety certificates for passenger ships. 

299A. Safety construction certificates and construction certificates for cargo ships. 

299B. Power to make rules. 

300.  Cargo  ship  safety  equipment  and  cargo  ship  equipment  certificates  for  ships  other  than 

passenger ships. 

301. Cargo ship safety radio certificate and qualified cargo ship safety radio certificate etc. 

302. Exemption certificates. 

303. Duration of certificates. 

304. Modification of safety convention certificates as respects life saving appliances. 

305. Recognition of certificates issued outside India. 

306. Issue of certificates to foreign ships in India and Indian ships in foreign countries. 

307. Prohibition on proceeding to sea without certificates. 

308. Production of certificates by ships other than Indian ships. 

309. Application of certain sections to certificates. 

309A. Alterations pending issue of a safely convention certificate. 

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SECTIONS 

310. Ships exempt from provisions relating to load lines. 

Load lines 

311. Power to make rules as to load lines. 

312. Marking of deck line and load lines. 

312A. Alterations after survey. 

313. Submersion of load lines. 

314. Maintenance of load line marks. 

315. Inspection of ships with respect to load lines. 

Load line certificates 

316. Issue of load line certificates and effect thereof. 

317. Duration and cancellation of certificates. 

318. Ships not to proceed to sea without certificate. 

319. Publication of load line certificate and particulars relating to depth of loading. 

320. Insertion of particulars as to load lines in agreements with crew. 

Special provisions as to ships other than Indian ships 

 321. Issue to load line certificates to foreign ships in India and Indian ships in foreign countries. 

322. Recognition of load line certificates issued outside India. 

323. Inspection and control of Load Line Convention ships other than Indian ships. 

324. Certificate of Load Line Convention ships other than Indian ships to be produced to customs. 

325. Marking of deck line and load lines of ships other than Indian ships. 

326. Submersion of load line of ships other than Indian ships. 

327. Inspection of ships other than Indian ships belonging to non-Convention countries. 

328. Load line certificates of ships other than Indian ships. 

329.  Certificates  to  be  produced  to  customs  by  ships  other  than  Indian  ships  registered  in                

non-Convention countries. 

330. Power to make rules as to timber cargo. 

Loading of timber 

Dangerous goods and grain cargoes 

331. Carriage of dangerous goods. 

331A. Grain loading plan. 

332. Carriage of grain. 

333. Submersion of sub-division load lines in case of passenger ships. 

Sub-division load lines 

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Unseaworthy ships 

SECTIONS 

334. Unseaworthy ship not to be sent to sea. 

335. Obligation of owner to crew with respect to seaworthiness. 

Detention of unsafe ships by the Central Government 

336. Power to detain unsafe ship and procedure for detention. 

Costs of detention and damages incidental thereto 

337. Liability of Central Government for costs and damage when ship wrongly detained. 

338. Liability of shipowner for costs when ship rightly detained. 

339. Method of calculating costs of detention and survey. 

340. Power to require from complainant security for costs, etc. 

341. Costs, etc., payable by Central Government recoverable from complainant. 

342. Application to ships other than Indian ships of provisions as to detention. 

343. Exemption of ships from certain provisions of this Part. 

344. Power to make rules respecting certificates under this Part. 

PART IXA 

NUCLEAR SHIPS 

344A. Application of Act to nuclear ships. 

344B. Nuclear passenger ship safety certificates and nuclear cargo ship safety certificates. 

344C. Prohibition of proceeding to sea without certificates. 

344D. Safety assessment and operating manual. 

344E. Foreign nuclear ships to give advance notice of arrival. 

344F. Control on arrival of nuclear ships. 

344G. Notice of accidents to nuclear ships. 

344H. Application of certain sections to or in relation to certain certificates under section 344B. 

344-I. Power to make rules. 

PART IXB 

SECURITY OF SHIPS AND PORT FACILITIES 

 344J. Application. 

344K. Definitions. 

344L. Ship identification number. 

344M. Security measures. 

344N. Port facility assessment. 

344-O. Obligations of companies, etc. 

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SECTIONS 

344P. Obligations of port facility. 

344Q. International Ship Security Certificate. 

344R. Ship Security Alert System. 

344S. Control measures. 

344T. Power to make rules. 

PART X 

COLLISIONS, ACCIDENTS AT SEA AND LIABILITY 

345. Division of loss in case of collision. 

346. Damages for personal injury. 

347. Right of contribution. 

348. Duty of master of ship to assist in case of collision. 

349. Collision to be entered in official log. 

350. Report to Central Government of accidents to ship. 

351. Notice of loss of Indian ship to be given to Central Government. 

PART XA 

LIMITATION OF LIABILITY 

 352. Definitions. 

352A. Limitation of liability of damages in respect of certain claims. 

352B. Limits of liability. 

352C. Limitation Fund and consolidation of claims. 

352D. Release of ship, etc. 

352E. Scope of application. 

352F. Application of this Part to charterer, manager, etc., of a vessel. 

352FA. Power to make rules. 

PART XB 

CIVIL LIABILITY FOR OIL POLLUTION DAMAGE 

352G. Application. 

352H. Definitions. 

352-I. Liability of owner. 

352J. Limitation of liability. 

352K. Constitution of limitation fund. 

352L. Acquisition of right for compensation by subrogation. 

352M. Consolidation of claim and distribution of fund. 

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SECTIONS 

352N. Compulsory insurance or other financial guarantee. 

352O. Acceptance of certificates issued outside India. 

352P. Ban on entering or leaving an Indian port without certificate. 

352Q. Government ships. 

352R. Power to make rules. 

PART XC 

INTERNATIONAL OIL POLLUTION COMPENSATION FUND 

352S. Definitions. 

352T. Contribution to the Fund. 

352U. Contribution payable by persons to the Fund. 

352V. Power to call for information. 

352W. Liability of the Fund. 

352X. Jurisdiction of Courts. 

352Y. Extinguishment of claims. 

352Z. Subrogation and right of recourse. 

352ZA. Power to make rules. 

PART XI 

NAVIGATION 

353. Method of giving helm orders. 

354. Duty to report dangers to navigation. 

354A. Communication of intelligence regarding dangers to navigation. 

355. Obligation to render assistance on receiving signal of distress. 

355A. Obligation to render assistance to persons in danger. 

356. Power to make rules as to signals. 

PREVENTION AND CONTAINMENT OF POLLUTION OF THE SEA BY OIL 

PART XIA 

356A. Application. 

356B. Definitions. 

356C. Issue of pollution prevention certificate. 

356D. Issue of certificates for foreign ships in India and Indian ships in foreign countries. 

356E. Requirement for construction and equipment in ships to prevent pollution. 

356F. Record books. 

356G. Inspection and control of oil tankers and other ships to which this Part applies. 

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SECTIONS 

356H. Information regarding contravention of provisions of Convention. 

356-I. Oil reception facilities at ports in India. 

PROVISIONS FOR CONTAINMENT OF ACCIDENTAL POLLUTION 

356J. Power to give a notice to owner, etc., of polluting ship. 

356K. Powers to take measures for preventing or containing oil pollution. 

356L.  Power  of  the  Central  Government  to  give  directions  to  certain  ships  to  render  certain 

services. 

356M. [Repealed.]. 

 356N. [Repealed.]. 

356-O. Power to make rules. 

PART XIB 

CONTROL OF HARMFUL ANTI-FOULING SYSTEMS OF SHIPS 

356P. Application. 

356Q. Definitions. 

356R. Control of anti-fouling systems. 

356S. Issuance of International Anti-Fouling System Certificate. 

356T.  Issue  of  Anti-Fouling  System  Certificate  for  foreign  ships  in  India  and  Indian  ships  in 

foreign countries. 

356U. Controls of waste materials. 

356V. Record of anti-fouling systems. 

356W. Inspection and control of all ships above 400 gross tonnage. 

356X. Information regarding contravention of the provisions of Convention. 

356Y. Power to make rules. 

PART XII 

INVESTIGATIONS AND INQUIRIES 

357. Definition of “coasts”. 

358. Shipping casualties and report thereof. 

359. Report of shipping casualties to Central Government. 

360. Application to court for formal investigation. 

361. Court empowered to make formal investigation. 

362. Power of court of investigation to inquire into charges against masters, mates and engineers. 

363. Power of Central Government to direct inquiry into charges of incompetency or misconduct. 

364. Opportunity to be given to person to make defence. 

365. Power of court as to evidence and regulation of proceedings. 

366. Assessors. 

367. Power to arrest witnesses and enter ships. 

368. Power to commit for trial and bind over witnesses. 

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SECTIONS 

369. Report by court to Central Government. 

370. Powers of court as to certificates granted by Central Government. 

371. Power of court to censure master, mate or engineer. 

372. Power of court to remove master and appoint new master. 

Marine Board 

373. Convening of Marine Boards outside India. 

374. Constitution and procedure of Marine Board. 

375. Decisions of Marine Board to be by majority. 

376. Powers of Marine Board. 

Miscellaneous provisions relating to cancellation and suspension of certificates 

377.  Powers  of  Central  Government  to  cancel,  suspend,  etc.,  certificate  of  master,  mate  or 

engineer. 

378. Delivery of Indian certificate cancelled or suspended. 

379. Effect of cancellation or suspension of certificate. 

380. Suspended certificate not to be endorsed. 

381. Power of Central Government to cancel or suspend other certificates. 

382. Re-hearing. 

Re-hearing of cases 

Courts of survey 

383. Constitution of court of survey. 

384. Appeal from surveyor to court of survey. 

385. Powers and procedure of court of survey. 

386. Power to make rules. 

 387. Reference in difficult cases to scientific persons. 

Scientific referees 

Investigations into explosions or fires on board ships 

388. Power to investigate causes of explosion or fire on board ship. 

389. Report to be made regarding cause of explosion or fire. 

PART XIII 

WRECK AND SALVAGE WRECK 

390. Definition of “coasts”. 

391. Receivers of wreck. 

392. Duty of receiver where vessel is in distress. 

393. Power to pass over adjoining lands. 

 394. Power of receiver of wreck to suppress, plunder and disorder by force. 

395. Procedure to be observed by persons finding wreck. 

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SECTIONS 

396. Investigation of certain matters in respect of vessels wrecked, etc. 

397. Notice to be given by receiver. 

398. Immediate sale of wreck by receiver in certain cases. 

399. Claims of owners to wreck. 

400. Prohibition of certain acts in respect of wreck. 

401. Search warrants where wreck is concealed. 

402. Salvage payable for saving life, cargo or wreck. 

403. Savings. 

404. Power to make rules respecting wreck and salvage. 

PART XIV 

CONTROL OF INDIAN SHIPS AND SHIPS ENGAGED IN COASTING TRADE 

405. Application of Part. 

406. Indian ships and chartered ships to be licensed. 

407. Licensing of ships for coasting trade. 

408. Revocation or modification of licence. 

409. Licences to be surrendered when they cease to be valid. 

410. No port clearance until licence is produced. 

411. Power to give directions. 

411A. Powers of the Central Government to protect interests of Indian shipping from undue 

foreign intervention. 

412. [Repealed.]. 

413. Power of Director-General to call for information. 

414. Power to make rules. 

PART XV 

SAILING VESSELS 

415. Application of Part. 

416. Decision of question whether a vessel is a sailing vessel. 

417. Certificate of registry. 

418. Particulars relating to sailing vessel to be painted. 

419. Change of name of sailing vessel. 

420. Prevention of overloading or overcrowding. 

421. Certificate of inspection. 

422. Cancellation, re-issue, etc., of certificate of inspection. 

423. Registry of alterations. 

424. Transfer of registry. 

425. Closure of registry. 

19 

 
SECTIONS 

426. Restriction on transfer of sailing vessel. 

427. Mortgages of sailing vessels. 

428. Fraudulent use of certificate of registry or certificate of inspection, etc., prohibited. 

429. Statement relating to crew of sailing vessel to be maintained. 

430. Inquiry into jettisoning of cargo. 

431. Non-Indian sailing vessels not to engage in coasting trade without permission. 

432. Detention of overloaded non-Indian sailing vessels. 

433. Power of courts to rescind contracts between owner and tindal. 

434. Application to sailing vessels of other provisions relating to ships. 

434A. Insurance of members of crew of asailing vessel. 

434B. Policy of insurance. 

435. Power to make rules respecting sailing vessels. 

PART XVA 

FISHING BOATS 

435A. Application of Part. 

435B. Definition. 

435C. Obligation to register. 

435D. Port of registry. 

435E. Registrars of Indian fishing boats. 

435F. Application for registry. 

435G. Certificate of registry. 

435H. Particular relating to Indian fishing boats to be painted. 

435-I. Change of name of Indian fishing boat. 

435J. Special provision for Indian fishing boats. 

435K. Certificate of inspection. 

435L. Cancellation, re-issue, etc. of certificate of inspection. 

435M. Inspection of safety equipments and appliances. 

435N. Registration of alteration. 

435O. Transfer of registry. 

435P. Closure of registry. 

435Q. Restriction on Transfer of Indian fishing boats. 

435R. Mortgage of Indian fishing boats. 

435S. Fraudulent use of certificate of registry or certificate of inspection, etc., prohibited. 

435T. Statement relating to crew of Indian fishing boat to be maintained. 

435U. Power to make rules respecting Indian fishing boats. 

435V. Application to Indian fishing boats of other provisions relating to ships. 

20 

 
SECTIONS 

435W. Fishery data to be furnished by Indian fishing boats. 

435X. Power to exempt. 

PART XVI  

PENALTIES AND PROCEDURE 

Penalties 

436. Penalties. 

437. Place of trial. 

438. Cognizance of offences. 

439. Jurisdiction of Magistrate. 

440. Special provision regarding punishment. 

441. Offences by companies. 

442. Depositions to be received in evidence when witness cannot be produced. 

443. Power to detain foreign ship that has occasioned damage. 

444. Power to enforce detention of ship. 

445. Levy of wages, etc., by distress of movable property or ship. 

446. Notice to be given to consular representative of proceedings taken in respect of foreign 

ship. 

447. Application of fines. 

448. Service of documents. 

PART XVII 

MISCELLANEOUS 

449. Power to appoint examiners and to make rules as to qualifications of ship surveyors. 

450. No person to practise as ship surveyor unless qualified. 

451. Power of ship surveyor to inspect ship. 

452. Inquiry into cause of death on board Indian ship. 

453. Certain persons deemed to be public servants. 

454. Powers of persons authorised to investigate, etc. 

454A. Power to prescribe alternative fittings, etc. 

455. Exemption of public ships, foreign and Indian. 

456. Power to exempt. 

457. General power to make rules. 

458. Provisions with respect to rules and regulations. 

459. Power to constitute committees to advise on rules, regulations and scales of fees. 

460. Protection of persons acting under Act. 

460A. Removal of difficulties. 

21 

 
 
 
 
PART XVIII 

REPEALS AND SAVINGS 

SECTIONS 

461. Repeals and savings. 

THE SCHEDULE. 

22 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
THE MERCHANT SHIPPING ACT, 1958 
ACT NO. 44 OF 19581 

[30th October, 1958.] 

An  Act  to  foster  the  development  and  ensure  the  efficient  maintenance  of  an  Indian 
mercantile  marine  in  a  manner  best  suited  to  serve  the  national  interests  and  for  that 
purpose  to  establish  a  National  Shipping  Board  2*  *  *  to  provide  for  the 3[registration, 
certification, safety and security] of Indian ships and generally to amend and consolidate 
the law relating to merchant shipping. 

BE it enacted by Parliament in the Ninth 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, 

1958. 

(2) It shall come into force on such date4 as the Central Government may, by notification in the 

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

5[2.  Application  of  Act.―(1)  Unless  otherwise  expressly  provided,  the  provisions  of  this  Act 

which apply to― 

(a) any vessel which is registered in India; or 

(b) any vessel which is required by this Act to be so registered; or 

(c)  any  other  vessel  which  is  owned  wholly  by  persons  to  each  of  whom  any  of  the 
descriptions specified in clause (a) or in clause (b) or in clause (c), as the case may be, of section 
21 applies,  

shall so apply wherever the vessel may be. 

(2) Unless otherwise expressly provided, the provisions of this Act which apply to vessels other 
than  those  referred  to  in  sub-section  (1)  shall  so  apply  only  while  any  such  vessel  is  within  India, 
including the territorial waters  thereof.] 

1. This Act has been extended to Goa, Daman and Diu by Reg. 12 of 1962, s. 3 and Sch. and to Pondicherry by Reg. 7 of 

1963, s. 3 and Sch. I.  

2. The words “and a Shipping Development fund” omitted by Act 66 of 1986, s. 3 (w.e.f. 3-4-1987).     
3. Subs. by Act 40 of 2007, s. 2, for the word “registration”(w.e.f. 1-3-2008).  
4. Parts I and II came into force w.e.f. 15th December, 1958, vide Notification No. S. O. 2583A, dated the 10th December, 

1958, see Gazette of India, 1958, Pt. II. Sec. 3(ii). 
Part IV came into force w.e.f. 17th March, 1959, vide Notification No. S. O. 627, dated the 17th March, 1959, see Gazette 
of India, 1959, Pt. II, Sec. 3(ii). 
Sections 7, 405 to 414 (both inclusive), 436 (in so far as it relates to offences mentioned against S. Nos. 122 to 125), 437 
to 442, 447, 448, 456 to 460 and so much of section 461 and of Part I of the Schedule as relate to the Control of Shipping 
Act, 1947 (26 of 1947), came into force on the 1st April, 1960, see Notification No. S. O. 565, dated the 26th February, 
1960, Gazette of India, Pt. II, Sec. 3(ii). 
 The  remaining  provisions  came  into  force  w.e.f.  1st  January,  1961,  vide  Notification  No.  S.  O.  3127,  dated  the  17th 
December, 1960, see Gazette of India, 1960, Pt. II, Sec. 3(ii). 
5. Subs. by Act 12 of 1983, s. 2, for section 2 (w.e.f.18-5-1983).  

23 

 
                                                      
3. Definitions.―In this Act, unless the context otherwise requires,― 
1[(1) “cargo ship” means a ship which is not a Passenger ship;]  
2[(1A)]  “coasting  ship”  means  a  ship  exclusively  employed  in  trading  between  any  port  or 
place in India and any other port or place on the continent of India or between ports or places in 
India and ports or places in Ceylon or Burma; 

(2) “coasting trade of India” means the carriage by sea of passengers or goods from any port 

or place in India to any other port or place on the continent of India; 

(3) “collision regulations” means the regulations made under section 285 for the prevention of 

collisions at sea; 

(4)  “company”  means  a  company  as  defined  in  section  3  of  the  Companies  Act,  1956              

(1 of 1956); 

(5) “country to which the Load Line Convention applies” means,― 

(a) a country the Government of which has been declared 3*** under section 283 to have 
accepted  the  Load  Line  Convention  and  has  not  been  so  declared  to  have  denounced  that 
Convention; 

(b) a country to which it has been so declared that, the Load Line Convention has been 
applied  under the provisions  of  4[article  thirty-two]  thereof,  not being  a  country to  which it 
has  been  so  declared  that  that  Convention  has  ceased  to  apply  under  the  provisions  of  that 
article; 

(6) “country to which the Safety Convention applies” means,― 

(a)  a  country  the  Government  of  which  has  been  declared  under  section  283  to  have 
accepted  the  Safety  Convention  and  has  not  been  so  declared  to  have  denounced  that 
Convention; 

(b)  a  territory  to  which  it  has  been  so  declare  that  the  Safety  Convention  extends,  not 

being a territory to which it has been so declared that that Convention has ceased to extend; 

(7) “court” in relation to sections 178 to 183 (inclusive) means a civil or revenue court; 

(8) “Director-General” means the Director-General of Shipping appointed under section 7; 

(9)  “distressed  seaman”  means  a  seaman  engaged  under  this  Act  who,  by  reason  of  having 
been  discharged  or  left  behind  from,  or  shipwrecked  in,  any  ship  at  a  place  outside  India,  is  in 
distress at that place; 

(10) “effects”, in relation to a seaman, includes clothes and documents; 

(11) “equipment”, in relation to a ship, includes boats, tackle, pumps, apparel, 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 or articles 
belonging  to or to  be  used  in  connection  with  or  necessary  for the  navigation  and  safety  of  the 
ship; 

1. Ins. by Act 21 of 1966, s. 2 (w.e.f. 28.5.1966). 
2. Clause (1) renumbered as clause (1A) by s. 2, ibid. (w.e.f. 28-5-1966). 
3. The words “or is deemed to have been declared” omitted by Act 25 of 1970, s. 2 (w.e.f. 21-7-1968). 
4. Subs. by s. 2, ibid., for “article twenty-one” (w.e.f. 21-7- 1968). 

24 

 
                                                      
1[(11A) “family” means― 

(i) in the case of male, his wife, his children whether married or unmarried, his dependent 

parents and his deceased son's widow and children: 

Provided that if a person proves that his wife has ceased under the personal law governing 
him  or  the  customary  law  of  the  community  to  which  the  spouses  belong  to  be  entitled  to 
maintenance  she  shall  no  longer  be  deemed  to  be  a  part  of  such  person‟s  family  for  the 
purpose of this Act unless such person subsequently intimates by express notice, in writing, to 
the Central Government that she shall continue to be so regarded; and 

(ii) in the case of female, her husband, her children, whether married or unmarried, her 
dependent  parents,  her  husband's  dependent  parents  and  her  deceased  son's  widow  and 
children: 

Provided  that  if  a  person  by  notice  in  writing  to  the  Central  Government  expresses  her 
desire to exclude her husband from the family, the husband and his dependent parents shall no 
longer be deemed to be a part of such person's family for the purpose of this Act, unless such 
person subsequently cancels in writing any such notice. 

Explanation.―In either of the above two cases, if the child, or, as the case may be, the 
child  of  a  deceased  son,  of  a  person  has  been  adopted  by  another  person  and  if  under  the 
personal law of the adopter adoption is legally recognised, such a child shall be considered as 
excluded from the family of the first mentioned person.] 

(12)  “fishing  vessel”  means  a  ship  fitted  with  mechanical  means  of  propulsion  which  is 

exclusively engaged in sea fishing for profit; 

(13)  “foreign-going  ship”  means  a  ship,  not  being  a  home  trade  ship,  employed  in  trading 
between any port or place in India and any other port or place or between ports or places, outside 
India; 

2[(14) “free board” means the distance measured vertically downwards, amidships, from the 

upper edge of the deck line to the upper edge of the related load line;] 

(15) “High Court”, in relation to a vessel, means the High Court within the limits of whose 

appellate jurisdiction― 

(a) the port of registry of the vessel is situate; or 

(b) the vessel is for the time being; or 

(c) the cause of action wholly or in part arises; 

(16)  “home-trade  ship”  means  a  ship  not  exceeding  three  thousand  tons  gross  which  is 
employed  in  trading  between  any  port  or  place  in  India  and  any  other  port  or  place  on  the 
continent  of  India  or  between  ports  or  places  in  India  and  ports  or  places  in  Ceylon,  Maladive 
Islands, Federation of Malaya, Singapore or Burma; 

(17) “Indian consular officer” means the consul-general, consul, vice-consul, consular agent 
and pro-consul appointed as such by the Central Government, and includes any person authorised 
by  the  Central  Government  to  perform  the  functions  of  consul-general,  consul,  vice-consul, 
consular agent or pro-consul; 

1. Ins. by Act 41 of 1984, s. 2 (w.e.f. 15-7-1985). 
2. Subs. by Act 25 of 1970, s. 2, for clause (14)  (w.e.f.21-7-1968). 

25 

 
                                                      
(18)  “Indian  ship”  means  a  ship  registered  as  such  under  this  Act  and  includes  any  ship 
registered at any port in India at the commencement of this Act which is recognised as an Indian 
ship under the proviso to sub-section (2) of section 22; 

1[(18A) “international voyage” means a voyage from or to a port or place in India to or from a 

port or place outside India;] 

(19) “load line certificate” means the certificate issued under section 316 or section 321; 

2[(20) “Local Line Contention” means the International Convention on Load Lines signed in 

London on the 5th day of April, 1966, as amended from time to time;] 

(21) “Marine Board” means a Board of Marine Inquiry convened under section 373; 

(22)  “master”  includes  any  person  (except  a  pilot  or  harbour  master)  having  command  or 

charge of a ship; 

1[(22A) “nuclear ship” means a ship provided with a nuclear power plant;] 

(23) “owner” means― 

(a) in relation to a ship, the person to whom the ship or a share in the ship belongs; 

(b) in relation to a sailing vessel, the person to whom the sailing vessel belongs; 

(24) “passenger” means any person carried on board a ship except― 

(a) a person employed or engaged in any capacity on board the ship on the business of the 

ship; 

(b) a person on board the ship either in pursuance of the obligations laid upon the master 
to  carry  shipwrecked,  distressed  or  other  persons  or  by  reason  of  any  circumstances  which 
neither the master nor the charterer, if any, could have prevented or forestalled; 

(c) a child under one year of age; 

(25) “passenger ship” means a ship carrying more than twelve passengers; 

(26) “pilgrim” means a person making a pilgrimage and, in the case of a passenger on board a 
pilgrim  ship,  includes  every  person  accompanying  or  travelling  with  the  person  making  the 
pilgrimage; 

3[(27) “pilgrimage” means pilgrimage to any holy place in the Hedjaz or to any other place 
declared  by  the  Central  Government  to  be  a  place  of  pilgrimage  by  notification  in  Official 
Gazette; 

(28) “pilgrim ship” means a special trade passenger ship which makes a voyage to or from the 
Hedjaz, or, as the case may be, to or from any other place of pilgrimage declared as such by the 
Central Government in pursuance of clause (27), during the season of the pilgrimage and which 
carries  pilgrims  in  a  proportion  of  not  less  than  one  pilgrim  for  every  one  hundred  tons  of  the 
gross tonnage of the ship;] 

(29) “port of registry”, in relation to a ship or a sailing vessel, means the port at which she is 

registered or is to be registered; 

1. Ins. by Act 21 of 1966, s 2 (w.e.f. 28-5-1966). 
2. Subs. by Act 25 of 1970, s. 2, for clause (20) (w.e.f.21-7-1968). 
3. Subs. by Act 69 of 1976, s. 3, for clauses (27) and (28) (w.e.f. 1-12-1976). 

26 

 
 
                                                      
(30) “prescribed” means prescribed by rules made under this Act; 

(31)  “proceeding”  in  relation  to  sections  178  to  183 (inclusive) includes any  suit,  appeal  or 

application; 

(32) “proper officer” means the officer designated by the Central Government to be the proper 
officer at the port or place and in respect of the matter to which reference is made in the provision 
of this Act in which the expression occurs; 

(33)  “proper  return  port”,  in  relation  to  a  master,  seaman  or  apprentice  discharged  or  left 
behind, means the port at which the master, seaman or apprentice was engaged, or the port agreed 
to as such by the master, seaman or apprentice, as the case may be; 

(34) “radio inspector” means a person appointed as such under section 10; 

(35) “registrar” means the registrar referred to in section 24; 

(36) (a) “repatriation expenses” means expenses incurred in returning a distressed seaman to a 
proper return port and in providing him with necessary clothing and maintenance until his arrival 
at  such  port,  and  includes  in  the  case  of  a  ship  wrecked  seaman  the  repayment  of  expenses 
incurred in conveying him to port after shipwreck and maintaining him while being so conveyed; 
and 

(b)  “excepted  expenses”,  in  relation  to  repatriation  expenses,  means  repatriation  expenses 
incurred in cases where the cause of the seaman being left behind is desertion or absence without 
leave  or  imprisonment  for  misconduct,  or  discharge  from  his  ship  by  a  Marine  Board  on  the 
ground of misconduct; 

(37)  “Safety  Convention”  means  the  Convention  for  the  Safety  of  Life  at  Sea  signed  in 

London on the 1[1st day of November, 1974] as amended from time to time; 

2[(38) “safety convention certificate” means,― 

(i) a passenger ship safety certificate, 

3[(ia) a special trade passenger ship safety certificate, 

(ib) a special trade passenger ship space certificate,] 

(ii) a qualified passenger ship safety certificate, 

(iii) a cargo ship safety construction Certificate, 

(iv) a qualified cargo ship safety construction certificate, 

(v) a cargo ship safety equipment certificate, 

(vi) a qualified cargo ship safety equipment certificate, 

(vii) a cargo ship safety radio telegraphy certificate, 

(viii) a cargo ship safety radio telephony certificate, 

(ix) an exemption certificate, 

(x) a nuclear passenger ship safety certificate, 

1. Subs. by Act 12 of 1983, s. 3, for “17th day of June, 1960” (w.e.f. 18-5-1983). 
2. Subs. by Act 21 of 1966, s. 2, for clause (38) (w.e.f. 28-5-1966). 
3. Ins. by Act 69 of 1976, s. 3 (w.e.f. 1-12-1976). 

27 

 
                                                      
(xi) a nuclear cargo ship safety certificate, issued under Part IX or, as the case  may be, 

Part IXA;] 

(39)  “sailing  vessel”,  means  any  description  of  vessel  provided  with  sufficient  sail  area  for 
navigation  under  sails  alone,  whether  or  not  fitted  with  mechanical  means  of  propulsion,  and 
includes a rowing boat or canoe but does not include a pleasure craft; 

(40)  “salvage”  includes  all  expenses  properly  incurred  by  the  salvor  in  the  performance  of 

salvage services; 

(41)  “sea-going”,  in  relation  to  a  vessel,  means  a  vessel  proceeding  to  sea  beyond  inland 
waters  or  beyond  waters  declared  to  be  smooth  or  partially  smooth  waters  by  the  Central 
Government by notification in the Official Gazette; 

(42)  “seaman”  means  every  person  (except  a  master,  pilot  or  apprentice)  employed  or 
engaged as a member of the crew of a ship under this Act, but in relation to sections 178 to 183 
(inclusive) includes a master; 

(43)  “seamen‟s  employment  office”  means  the  seamen's  employment  office  referred  to  in 

section 12; 

(44) “seamen's welfare officer” means the seamen's welfare officer referred to in section 13; 

1[(44A) “security” means maritime security and includes any measure to protect ports or ships 

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;] 

(45) “ship” does not include a sailing vessel; 

(46) “shipping master” means the shipping master referred to in section 11; but in relation to 
any  seaman  for  the  purposes  of  sections  178  to  183  ((inclusive)  means  a  shipping  master 
appointed,― 

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

agreement, or 

(ii) where the seaman did not enter into his agreement in India, for the port to which the 

seaman has returned, or is expected to return, on the completion of his latest voyage; 

(47) “shipping office” means the shipping office referred in section 11; 

2[(47A)  “special  trade”  means  the  conveyance  of  large  number  of  passengers  by  sea  within 

prescribed sea areas; 

(47B) “special trade passenger” means a passenger carried in special trade passenger ship in 
spaces on the weather deck or upper deck or between decks which accommodate more than eight 
passengers and includes a pilgrim or a person accompanying a pilgrim; 

1. Ins. by Act 40 of 2007, s. 3 (w.e.f. 1-3-2008). 
2. Ins. by Act 69 of 1976, s. 3 (w.e.f. 1-12-1976). 

28 

 
                                                      
(47C) “special trade passenger ship” means a mechanically propelled ship carrying more than 

thirty special trade passengers;] 

(48) “surveyor” means the surveyor referred to in section 9; 

1[(48A) “tanker” means a cargo ship constructed or adapted for the carriage in bulk of liquid 

cargoes of an inflammable nature;] 

(49) “tidal water” means any part of the sea and any part of a river within the ebb and flow of 

the tide at ordinary spring tides and not being a harbour; 

(50) “tindal” means the person in command or charge of a sailing vessel; 

2* 

* 

* 

* 

* 

 (53)  “valid  international  load  line  certificate”  means  a  certificate  purporting  to  have  been 
issued  in  accordance  with  the  Load  Line  Convention  in  respect  of  a  ship,  other  than  an  Indian 
ship, by the Government of the country in which the ship is registered; 

(54) “valid safety convention certificate” means a certificate purporting to have been issued in 
accordance  with  the  Safety  Convention  in  respect  of  a  ship,  other  than  an  Indian  ship,  by  the 
Government of the country in which the ship is registered; 

(55)  “vessel”  includes  any  ship,  boat,  sailing  vessel,  or  other  description  of  vessel  used  in 

navigation; 

(56) “voyage” for the purposes of Part VIII, means the whole distance between the ship's port 

or place of departure and her final port or place of arrival; 

(57) “wages” includes emoluments; 

(58) “wreck” includes the following when found in the sea or in tidal water or on the shores 

thereof― 

(a) goods which have been cast into the sea and then sink and remain under water; 

(b) goods which have been cast or fall into the sea and remain floating on the surface; 

(c) goods which are sunk in the sea, but are attached to a floating object in order that they 

may be found again; 

(d) goods which are thrown away or abandoned; and 

(e) a vessel abandoned without hope or intention of recovery; 

(59) “young person” means a person under eighteen years of age. 

PART II 

NATIONAL SHIPPING BOARD 

 4. Establishment of National Shipping Board.―(1) With effect from such date as the Central 
Government  may,  by  notification  in  the  Official  Gazette,  specify  in  this  behalf,  there  shall  be 
established a Board to be called the National Shipping Board (hereinafter in this Part referred to as the 
Board). 

1. Ins. by Act 21 of 1966, s.2 (w.e.f. 28-5-1966). 
2. Clauses (51) and (52) omitted by Act 69 of 1976, s. 3 (w.e.f. 1-12-1976). 

29 

 
 
 
 
 
 
 
 
                                                      
(2) The Board shall consist of the following members, namely:― 

(a)  six  members  elected  by  Parliament,  four  by  the  House  of  the  People  from  among  its 

members and the other two by the Council of States from among its members; 

(b)  such  number  of  other  members,  not  exceeding  sixteen  as  the  Central  Government  may 

think fit to appoint to the Board, to represent― 

(i) the Central Government, 

(ii) ship owners, 

(iii) seamen, and 

(iv)  such  other  interests  as,  in  the  opinion  of  the  Central  Government,  ought  to  be 

represented on the Board: 

Provided that  the  Board  shall include  an equal  number  of  persons  representing the  ship owners 

and seamen. 

(3) The Central Government shall nominate one of the members of the Board to be the Chairman 

of the Board. 

(4) The Board shall have power to regulate its own procedure. 

5. Functions of National Shipping Board.―The Board shall advise the Central Government― 

(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. 

6. Power to make rules in respect of matters in this Part.―(1) The Central Government may 

make rules to carry out the purposes of this Part. 

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

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

(a) the term of office of members of the Board and the manner of filling casual vacancies in 

the Board; 

(b)  the  appointment  of  officers  and  other  employees  to  enable  the  Board  to  discharge  its 

functions under section 5 and the terms and conditions of their service; 

(c) the travelling and other allowances payable to members of the Board. 

PART III 

GENERAL ADMINISTRATION 

7.  Director-General  of  Shipping―(1)  The  Central  Government  may  by  notification  in  the 
Official Gazette, appoint a person to be the Director-General of Shipping for the purpose of exercising 
or discharging the powers, authority or duties conferred or imposed upon the Director-General by or 
under this Act. 

(2) The Central Government may, by general or special order, direct that any power, authority or 
jurisdiction  exercisable  by  it  under  or  in  relation  to  any  such  provisions  of  this  Act  as  may  be 
specified  in  the  order  shall,  subject  to  such  conditions  and  restrictions  as  may  be  so  specified,  be 
exercisable also by the Director-General or by such other officer as may be specified in the order. 

30 

 
(3) The Director-General may, by general or special order, and with the previous approval of the 
Central Government, direct that any power or authority conferred upon or delegated to, and any duty 
imposed  upon,  the  Director-General  by  or  under  this  Act  may,  subject  to  such  conditions  and 
restrictions  as  he  may  think  fit  to  impose,  be  exercised  or  discharged  also  by  such  officer  or  other 
authority as he may specify in this behalf.  

 8. Mercantile Marine Department.―(1) The Central Government may establish and maintain 
at each of the ports of Bombay, Calcutta and Madras and at such other port in India as it may consider 
necessary  an  office  of  the Mercantile Marine  Department  for  the  administration  of  this  Act  and  the 
rules and regulations thereunder. 

(2) The office of the Mercantile Marine Department at the port of Bombay, Calcutta or Madras 
shall be in the charge of a principal officer, and the office at any other port shall be in the charge of 
such officer as the Central Government may appoint in this behalf. 

(3) In the discharge of their duties, the principal officer and other officers shall be subject to the 

control of the Director-General.  

9. Surveyors.―(1) The Central Government may by, notification in the Official Gazette, appoint 
at such ports as it may consider necessary as many persons as it may think fit to be surveyors for the 
purposes of this Act. 

1[(1A) Without prejudice to the provisions of sub-section (1), the Central Government, in the case 
of cargo ships, may, by notification in the Official Gazette authorise any person or body of persons, on 
such terms and conditions as may be specified therein, to be surveyor or surveyors for the purposes of 
this Act.] 

(2) The surveyors may be nautical surveyors, ship surveyors or engineer and ship surveyors. 

(3)  At  any  port  at  which  no  surveyor  appointed  under  this  section  is  available,  the  Central 
Government may, by notification in the Official Gazette, appoint any qualified person to perform the 
functions of a surveyor under this Act. 

(4) All acts done under this Act by a principal officer of the Mercantile Marine Department or a 
person appointed under sub-section (3) relating to matters within the competence of a surveyor shall 
have the same effect as if done by a surveyor for the purposes of this Act. 

 10.  Radio inspectors.―The Central Government may, by notification a in the Official Gazette, 
appoint  as  many  radio  inspectors  as  it  may  consider  necessary  for  the  purpose  of  securing  that  the 
requirements of this Act and the rules and regulations there under relating to radio  telegraphy, radio 
telephony and direction finders are complied with. 

11.  Shipping offices.―(1) The Central Government may, by notification in the Official Gazette, 
establish  a  shipping  office  at  every  port  in  India  in  which  it  thinks  it  necessary  so  to  do,  and  shall 
appoint  thereto  a  shipping  master  and  as  many  deputy  shipping  masters  and  assistant  shipping 
masters, as it may consider necessary. 

(2) Shipping masters, deputy shipping masters and assistant shipping masters shall exercise their 
powers and discharge their duties subject to the general control of the Central Government or of any 
intermediate authority which the Central Government may specify in this behalf. 

1. Ins. by Act 21 of 1966, s. 3 (w.e.f. 25-8-1966). 

31 

 
                                                      
 
(3) The Central Government may direct that at any port at which no separate shipping office is 
established,  the  whole  or  any  part  of  the  business  of  the  shipping  office  shall  be  conducted  at  the 
custom house or at the office of the port officer or at such other office as the Central Government may 
specify, and thereupon the same shall be conducted accordingly. 

(4)  All  acts  done  by  or  before  a  deputy  shipping  master,  an  assistant  shipping  master  and  the 
officer to whom any business of the shipping office is committed under sub-section (3) shall have the 
same effect as if done by or before a shipping master for the purposes of this Act. 

12.  Seamen's  employment  offices.―(1)  The  Central  Government  may,  by  notification  in  the 
Official Gazette, establish at every port in India in which it thinks it necessary so to do, a seamen's 
employment  office  and  shall  appoint  thereto  a  director  and  as  many  deputy  directors  and  assistant 
directors as it may consider necessary. 

(2)  The  directors,  deputy  directors  and  assistant  directors  shall  exercise  their  powers  and 
discharge their duties subject to the general control of the Central Government or of any intermediate 
authority which the Central Government may specify in this behalf. 

(3) All acts done by or before a deputy or assistant director shall have the same effect as if done 

by or before a director for the purposes of this Act. 

(4) The Central Government may, by notification in the Official Gazette, direct that at any port at 
which  no  separate  seamen's  employment  office  is  established,  the  functions  of  the  seamen's 
employment  office  in  that  port  shall  be  discharged  by  such  person  or  body  of  persons  as  it  may 
specify in the notification, and thereupon the office of the person or body of persons so specified shall 
be deemed to be the seamen's employment office established at that port for the purposes of this Act. 

13.  Seamen’s  welfare  officers.―(1)  The  Central  Government  may  appoint  a  seamen's  welfare 

officers at such ports in or outside India as it may consider necessary. 

(2) A seamen‟s welfare officer appointed under sub-section (1) shall perform― 

(a) in the case of any such officer appointed at any port in India, such functions in relation to 

welfare of seamen as may be assigned to him by the Central Government; 

(b)  in  the  case  of  any  such  officer  appointed  at  any  port  outside  India,  such  functions  in 
relation to welfare of seamen and such functions of an Indian consular officer under Part VII as 
may be assigned to him by the Central Government. 

(3)  If  any  seamen‟s  welfare  officer  appointed  at  any  port  outside  India  performs  any  functions 
assigned to an Indian consular officer under Part VII, such functions shall have the same effect as if 
they had been performed by an Indian consular officer for the purposes of that Part. 

1* 

* 

* 

PART V 

* 

* 

REGISTRATION OF INDIAN SHIPS 

20. Application of Part.―This Part applies only to sea-going ships fitted with mechanical means 

of propulsion. 

21. Indian ships.―For the purposes of this Act, a ship shall not be deemed to be an Indian ship 

unless owned wholly by persons to each of whom 2[any] of the following descriptions applies:― 

(a) a citizen of India; or 

1. Part IV omitted by Act 66 of 1986, s. 3 (w.e.f. 3-4-1987). 
2. Subs. by Act 43 of 1961, s. 2, for “either” (w.e.f. 28-9-1981).  

32 

 
 
 
 
 
 
 
 
 
                                                      
1[(b)  a  company  or  a  body  established  by  or  under  any  Central  or  State  Act  which  has  its 

principal place of business in India; or 

(c)  a  co-operative  society  which  is  registered  or  deemed  to  be  registered  under  the  Co-
operative Societies Act, 1912 (2 of 1912), or any other law relating to co-operative societies for 
the time being in force in any State.] 

 22.  Obligation  to  register.―(1)  Every  Indian  ship,  unless  it  is  a  ship  which  does  not  exceed 
fifteen tons net and is employed solely in navigation on the coasts of India, shall be registered under 
this Act. 

(2)  No  ship  required  by  sub-section  (1)  to  be  registered  shall  be  recognised  as  an  Indian  ship 

unless she has been registered under this Act: 

Provided that any ship registered at the commencement of this Act at any port in India under any 
enactment repealed by this Act, shall be deemed to have been registered under this Act and shall be 
recognised as an Indian ship. 

(3) A ship required by this Act to be registered may be detained until the master of the ship, if so 

required, produces a certificate of registry in respect of the ship. 

2[Explanation.―For the purposes of this section, “ship” does not include a fishing vessel.] 

Procedure for registration 

23.  Ports  of  registry.―(1)  The  ports  at  which  registration  of  ships  shall  be  made  shall  be  the 
ports of Bombay, Calcutta and Madras and such other ports in India as the Central Government may, 
by notification in the Official Gazette, declare to be ports of registry under this Act. 

(2)  The  port  at  which  an  Indian  ship  is  registered  for  the  time  being  under  this  Act  shall  be 

deemed to be her port of registry and the port to which she belongs. 

24.  Registrars  of  Indian  ships.―At  each  of  the  ports  of  Bombay,  Calcutta  and  Madras,  the 
principal  officer  of  the  Mercantile  Marine  Department,  and  at  any  other  port  such  authority  as  the 
Central  Government  may,  by  notification  in  the  Official  Gazette,  appoint,  shall  be  the  registrar  of 
Indian ships at that port: 

3[Provided that subject to such order as the Central Government may issue in this behalf when the 
office of registrar of Indian ships at any port is vacant or the holder of such office is on leave or is not 
available, for any reason at the port to exercise and discharge the powers, duties and functions of the 
office the senior most surveyor at that port may act as and exercise and discharge the powers' duties 
and functions of the registrar of Indian ships at that port.] 

25. Register book.―Every registrar shall keep a book to be called the register book and entries in 

that book shall be made in accordance with, the following provisions:― 

(a) the property in a ship shall be divided into ten shares; 

(b)  subject  to  the  provisions  of  this  Act  with  respect  to  joint  owners  or  owners  by 
transmission, not more than ten individuals shall be entitled to be registered at the same time as 

1. Subs. by Act 68 of 1993, s. 2, for clauses (b) and (c)  (w.e.f. 27-10-1993).  
2. Explanation ins. by Act 12 of 1983, s. 4 (w.e.f. 18-5-1983). 
3. Proviso ins. by Act 41 of 1984, s. 3 (w.e.f. 15-7-1985).  

33 

 
                                                      
owners  of  any  one  ship;  but  this  rule  shall  not  affect  the  beneficial  interest  of  any  number  of 
persons represented by or claiming under or through any registered owner or joint owner; 

(c) a person shall not be entitled to be registered as owner of a fractional part of a share in a 
ship; but any number of persons not exceeding five may be registered as joint owners of a ship or 
of any share or shares therein; 

(d)  joint  owners  shall  be  considered  as  constituting  one  person  and  shall  not  be  entitled  to 
dispose  in  severally  of  any  interest  in  a  ship  or  any  share  therein  in  respect  of  which  they  are 
registered; 

(e) a company 1[or a co-operative society] may be registered as owner by its name.  

26. Application for registry.―An application for the registry of an Indian ship shall be made― 

(a) in the case of an individual, by the person requiring to be registered as owner or by his 

agent; 

(b) in the case of more than one individual requiring to be so registered, by some one or more 

of the persons so requiring or by his or their agent; and 

(c) in the case of a company  2[or a co-operative society] requiring to be so registered, by its 

agent; 

and the authority  of  the  agent shall  be testified  by  writing,  if  appointed  by  an individual,  under  the 
hand of the person appointing him and, if appointed by a company, 2[or a co-operative society] under 
its common seal. 

27. Survey and measurement of ships before registry.―(1) The owner of every Indian ship in 
respect of which an application for registry is made shall cause such ship to be surveyed by a surveyor 
and the tonnage of the ship ascertained in the prescribed manner. 

(2) The surveyor shall grant a certificate specifying the ship‟s tonnage and build and such other 
particulars  descriptive  of  the  identity  of  the  ship  as  may  be  prescribed  and  the  certificate  of  the 
surveyor shall be delivered to the registrar before registry. 

28. Marking of ship.―(1) The owner of an Indian ship who applies for registry under this Act 
shall,  before  registry,  cause  her  to  be  marked  permanently  and  conspicuously  in  the  prescribed 
manner  and  to  the  satisfaction  of  the  registrar  and  any  ship  not  so  marked  may  be  detained  by  the 
registrar. 

(2) Subject to any other provision contained in this act and to the provisions of any rules made 
there under, the owner and the master of an Indian ship shall take all reasonable steps to ensure that 
the ship remains marked as required by this section, and the said owner or master shall not cause or 
permit any alterations of such marks to be made except in the event of any of the particulars thereby 
denoted being altered in the manner provided in this Act or except to evade capture by the enemy or 
by a foreign ship of war in the exercise of some belligerent right. 

 29. Declaration of ownership on registry.―A person shall not be registered as the owner of an 
Indian ship or of a share therein until he or, in the case of a company 3[or a co-operative society], the 
person authorised by this Act to make declarations on its behalf has made and signed a declaration of 

1. Ins. by Act 43 of 1981, s. 3 (w.e.f. 28-9-1981). 
2. Ins. by s. 4, ibid. (w.e.f. 28-9-1981). 
3. Ins. by s. 5, ibid. (w.e.f. 28-9-1981). 

34 

 
                                                      
ownership in the prescribed form referring to the ship as described in the certificate of the surveyor 
and containing the following particulars:― 

(a) a statement whether he is or is not a citizen of India; 1[or in the case of a company, or a 
co-operative  society,  whether  the  company  or  a  co-operative  society,  satisfies  the  requirements 
specified in clause (b) or, as the case may be, clause (c) of section 21]; 

(b) a statement of the time when and the place where the ship was built or if the ship is built 
outside India and the time and place of building is not known, a statement to that effect; and in 
addition,  in  the  case  of  a  ship  previously  registered  outside  India,  a  statement  of  the  name  by 
which she was so registered; 

(c) the name of her master; 

(d)  the  number  of  shares  in  the  ship  in  respect  of  which  he  or  the  company,  2[or  the                

co-operative society], as the case may be, claims to be registered as owner; and 

(e) a declaration that the particulars stated arc true to the best of his knowledge and belief. 

Explanation.―In respect of a ship or share owned by more than one person, a declaration may be 

made by such one of them as may be authorised by them. 

30.  Evidence  on first  registry.―On  the first registry  of  an  Indian  ship  the  following  evidence 

shall be produced in addition to the declaration of ownership:― 

(a) in the case of a ship built in India, a builder‟s certificate, that is to say, a certificate signed 
by  the  builder  of  the  ship  and  containing  a  true  account  of  the  proper  denomination  and  the 
tonnage of the ship as estimated by him and the time when and the place where she was built, and 
the name of the person, if any on whose account the ship was built, and if there has been any sale, 
the instrument of sale under which the ship or the share therein has become vested in the applicant 
for registry; 

(b) in the case of a ship built outside India, the same evidence as in the case of a ship built in 
India  unless  the  declarant  who  makes  the  declaration  of  ownership  declares  that  the  time  and 
place of her building are not known to him, or that the builder‟s certificate cannot be procured, in 
which  case  there  shall  be  required  only  the  instrument  of  sale  under  which  the  ship  or  a  share 
therein has become vested in the applicant for registry. 

31. Entry of particulars in register book.―As soon as the requirements of this Act preliminary 
to  registry  have  been  complied  with  the  registrar  shall  enter  in  the  register  book  the  following 
particulars in respect of the ship:― 

(a) the name of the ship and the name of the port to which she belongs; 

3[(aa) the ship identification number;] 

(b) the details contained in the surveyor‟s certificate; 

1.  Subs.  by  Act  43  of  1981,  s.  5,  for  “or  in  the  case  of  a  company,  whether  the  company  satisfies  the  requirements 

specified in clause (b) of section 21” (w.e.f. 28-2-1981). 

2. Ins. by s. 5, ibid. (w.e.f. 28-2-1981). 
3. Ins. by Act 40 of 2007, s. 4 (w.e.f. 1-3-2008). 

35 

 
                                                      
 
(c) the particulars respecting her origin stated in the declaration of ownership; and 

(d) the name and description of her registered owner or owners, and, if there are more owners 

than one, the number of shares owned by each of them. 

32. Documents to be retained by registrar.―On the registry of a ship, the registrar shall retain 

in his custody the following documents :― 

(a) the surveyor's certificate; 

(b) the builder's certificate; 

(c) any instrument of sale by which the ship was previously sold; 

(d) all declarations of ownership. 

33. Power of Central Government to inquire into title of Indian ship to be so registered.―(1) 
Where it appears to the Central Government that there is any doubt as to the title of any Indian ship to 
be registered as an Indian ship, it may direct the registrar of her port of registry to require evidence to 
be  given  to  his  satisfaction  within  such  time,  not  being  less  than  thirty  days  as  the  Central 
Government may fix, that the ship is entitled to be registered as an Indian ship. 

(2) If within such time as may be fixed by the Central Government under sub-section (1) evidence 
to  the  satisfaction  of  the  registrar  that  the  ship  is  entitled  to  be  registered  as  an  Indian  ship  is  not 
given, the ship shall be liable to forfeiture. 

Certificate of registry 

34.  Grant  of  certificate  of  registry.―On  completion  of  the  registry  of  an  Indian  ship,  the 
registrar shall grant a certificate of registry containing the particulars respecting her as entered in the 
register book with the name of her master. 

35.  Custody  and  use  of  certificate.―(1)  The  certificate  of  registry  shall  be  used  only  for  the 
lawful navigation of the ship, and shall not be subject to detention by reason of any title, lien, charge 
or interest whatever, had or claimed by any owner, mortgagee or other person to, on or in the ship. 

(2) No person, whether interested in the ship or not, who has in his possession or under his control 
the  certificate  of  registry  of  a  ship,  shall  refuse  or  omit  without  reasonable  cause  to  deliver  such 
certificate  on  demand  to  the  person  entitled  to  the  custody  thereof  for  the  purposes  of  the  lawful 
navigation of the ship or to any registrar, customs collector or other person entitled by law to require 
such delivery. 

(3) Any person refusing or omitting to deliver the certificate as required by sub-section (2), may, 
by order, be summoned by 1[any Judicial Magistrate of the first class or any Metropolitan Magistrate, 
as the case may be,] to appear before him and to be examined touching such refusal, and if the person 
is  proved to  have  absconded  so  that  the  order  of such  magistrate cannot  be served  on  him,  or  if he 
persists in not delivering up the certificate, 2[the said Magistrate] shall certify the fact, and the same 
proceedings  may  then  be  taken  as  in  the  case  of  a  certificate  mislaid,  lost  or  destroyed,  or  as  near 
thereto as circumstances permit. 

1. Subs. by Act 12 of 1983, s. 17 and the Schedule, for “any magistrate of the first class” (w.e.f. 18-5-1983). 
2. Subs. by s. 17 and the Schedule, ibid., for “the magistrate” (w.e.f. 18-5-1983). 

36 

 
                                                      
(4) If the master or owner of an Indian ship uses or attempts to use for her navigation a certificate 

of  registry  not  legally  granted  in  respect  of  the  ship,  he  shall  be  guilty  of  an  offence  under  this               
sub-section and the ship shall be liable to forfeiture.  

36. Power to grant new certificate when original certificate is defaced, lost, etc.―(1) In the 
event  of the  certificate of registry  of  an  Indian  ship being  defaced  or  mutilated,  the registrar  of  her 
port of registry may, on the delivery to him of that certificate, grant a new certificate in lieu of her 
original certificate. 

(2) In the event of the certificate of registry of an Indian ship being mislaid, lost or destroyed or of 
the person entitled thereto being unable to obtain it from the custody of any other person, the registrar 
of her port of registry shall grant a new certificate in lieu of her original certificate. 

(3) If the port at which the ship is at the time of the event referred to in sub-section (2) or first 
arrives  after  the  event  is  outside  India,  then  the  master  of  the  ship  or  some  other  person  having 
knowledge  of  the  facts  of  the  case  shall  make  a  declaration  stating  such  facts  and  the  names  and 
descriptions of the registered owners of such ship to the best of the declarant's knowledge and belief 
to  the  nearest  available  Indian  consular  officer  who  may  thereupon  grant  a  provisional  certificate 
containing a statement of the circumstances under which it is granted. 

(4) The provisional certificate shall, within ten days after the first subsequent arrival of the ship at 
her port of discharge in India, be delivered by the master to the registrar of her port of registry and the 
registrar shall thereupon grant a new certificate of registry. 

(5)  If  the  certificate  of  registry  stated  to  have  been  mislaid,  lost  or  destroyed  shall  at  any  time 
afterwards  be  found,  or  if  the  person  entitled  to  the  certificate  of  registry  obtains  it  at  any  time 
afterwards, the said certificate shall forthwith be delivered to the registrar of her port of registry to be 
cancelled. 

37.  Endorsement  on certificate of  change  of  master.―Where  the  master of  an  Indian  ship is 

changed, each of the following persons, that is to say,― 

(a) if the change is made in consequence of the removal of the master by a Marine Board or 
by a court under this Act, the presiding officer of the Marine Board or of the court, as the case 
may be; 

(b) if the change occurs from any other cause,― 

(i) In India, the registrar or any other officer authorised by the Central Government in this 

behalf at the port where the change occurs; and 

(ii) outside India, the Indian consular officer at the port where the change occurs; 

shall endorse and sign on the certificate of registry a memorandum of the change, and any customs 
collector  at  any  port  in  India  may  refused to  permit  any  person  to  do  any  act there  as  master  of  an 
Indian  ship  unless  his  name  is  inserted  in  or  endorsed  on  her  certificate  of  registry  as  her  last 
appointed master. 

38. Endorsement on certificate of change of ownership.―(1) Whenever a change occurs in the 
registered ownership of an Indian ship, the change of ownership shall be endorsed on her certificate of 
registry either by the registrar of the ship's port of registry or by the registrar of any port at which the 
ship arrives who has been advised of the change by the registrar of the ship‟s port of registry. 

(2) The  master shall,  for the  purposes  of such  endorsement  by  the  registrar  of the ships  port  of 
registry,  deliver  the  certificate  of  registry  to  the  registrar  forthwith  after  the  change  if  the  change 

37 

 
occurs when the ship is at her port of registry, and if it occurs during her absence from that port and 
the endorsement  under  this  section is  not  made  before  her  return,  then,  upon  her  first  return to that 
port. 

(3)  The  registrar  of  any  port,  not  being  the  ship‟s  port  of  registry,  who  is  required  to  make  an 
endorsement under this section may, for that purpose, require the master of the ship to deliver to him 
the  ship's  certificate  of  registry  so  that  the  ship  need  not  thereby  be  detained  and  the  master  shall 
deliver the same accordingly. 

39. Delivery of certificate of ship lost or ceasing to be an Indian ship.―(1) In the event of a 
registered ship being either actually or constructively lost, taken by the enemy, burnt or broken up or 
ceasing  for  any  reason  to be  an  Indian  ship,  every  owner  of  the  ship  or  any  share  in  the  ship  shall 
immediately on obtaining knowledge of the event, if no notice thereof has already been given to the 
registrar,  give  notice  thereof  to  the  registrar  at  her  port  of  registry  and  that  registrar  shall  make  an 
entry thereof in the register book and its registry in that book shall be considered as closed except so 
far as relates to any unsatisfied mortgages entered therein. 

(2) In any such case, except where the ship‟s certificate of registry is mislaid, lost or destroyed, 
the master of the ship shall, immediately if the event occurs in any  port in India, or within ten days 
after his arrival in port if it occurs elsewhere, deliver the certificate to the registrar of the port or any 
other officer specified in this behalf by the Central Government if the port of arrival is in India, or if 
the arrival is in any port outside India to the Indian consular officer there, and the registrar if he is not 
himself the registrar of her port of registry or the officer so specified or the Indian consular officer, as 
the case may be, shall forthwith forward the certificate delivered to him to the registrar of her port of 
registry. 

 40. Provisional certificate for ships becoming Indian ships abroad.―(1) If at any port outside 
India a ship becomes entitled to be registered as an Indian ship, the Indian consular officer there may 
grant to her master on his application a provisional certificate containing such particulars as may be 
prescribed  in  relation  to  the  ship  and  shall  forward  a  copy  of  the  certificate  at  the  first  convenient 
opportunity to the Director-General. 

(2)  Such  a  provisional  certificate  shall  have  the  effect  of  a  certificate  of  registry  until  the 
expiration of six months from its date or until the arrival of the ship at a port where there is a registrar 
whichever first happens, and on either of those events happening shall cease to have effect. 

41.  Temporary  pass  in  lieu  of  certificate  of  registry.―Where  it  appears  to  the  Central 
Government that by reason of special circumstances it is desirable that permission should be granted 
to any Indian ship to pass without being previously registered from one port to any other port in India, 
the Central Government may authorise the registrar of the first-mentioned port to grant a pass in such 
form as may be prescribed, and that pass shall for the time and within the limits therein mentioned 
have the same effect as a certificate of registry. 

Transfers of ships, shares, etc. 

 42. Transfer of ships or shares.―(1) No person shall transfer or acquire any Indian ship or any 
share or interest therein 1[at any time during which the security of India or of any part of the territory 
thereof is threatened by war or external aggression and during which a Proclamation of Emergency 
issued  under  clause  (1)  of  article  352  of  the  Constitution  is  in  operation]  without  the  previous 

1. Ins. by Act 68 of 1993, s. 3 (w.e.f. 27-10-1993). 

38 

 
                                                      
approval  of  the  Central  Government  and  any  transaction  effected  in  contravention  of  this  provision 
shall be void and unenforceable. 

(2) The Central Government may, if it considers it necessary or expedient so to do for the purpose 
of  conserving  the  tonnage  of  Indian  shipping,  refuse  to  give  its  approval  to  any  such  transfer  or 
acquisition. 

1[(2A) No transfer or acquisition of any Indian ship shall be valid unless― 

(a) all wages and other amounts due to seamen in connection with their employment on that 

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

(b) the  owner  of the  ship has  given  notice  of such transfer  or  acquisition  of  the  ship to  the 

Director-General.] 

(3) Subject to the other provisions contained in this section, an Indian ship or a share therein shall 

be transferred only by an instrument in writing. 

(4)  The  instrument  shall  contain  such  description  of  the  ship  as  is  contained  in  the  surveyor's 
certificate or some other description sufficient to identify the ship to the satisfaction of the registrar 
and shall be in the prescribed form or as near thereto as circumstances permit and shall be executed by 
the transferor in the presence of and be attested by at least two witnesses.  

 43. Registry of transfer.―(1) Every instrument for the transfer of an Indian ship or of a share 
therein when duly executed shall be produced to the registrar of her port of registry, and the registrar 
shall thereupon enter in the register book the name of the transferee as owner of the ship or share, as 
the case may be, and shall endorse on the instrument the fact of that entry having been made with the 
day and hour thereof. 

(2) Every such instrument shall be entered in the register book in the order of its production to the 

registrar. 

44.  Transmission  of  property  in  Indian  ship  on  death,  insolvency,  etc.―(1)  Where  the 
property in an Indian ship or share therein is transmitted to a person on the death or insolvency of any 
registered owner, or by any lawful means other than by a transfer under this Act,― 

(a) that person shall authenticate the transmission by making and signing a declaration in the 
prescribed form (in this Act referred to as a declaration of transmission) identifying the ship and 
also  a  statement  of  the  manner  in  which  and  the  person  to  whom  the  property  has  been 
transmitted; 

(b) if the transmission is consequent on insolvency, the declaration of transmission shall be 

accompanied by proper proof of such claim; 

(c)  if  the  transmission  is  consequent  on  death,  the  declaration  of  transmission  shall  be 
accompanied  by  a  succession  certificate,  probate  or  letters  of  administration  under  the  Indian 
Succession Act, 1925 (39 of 1925), or a duly certified copy thereof. 

(2) The registrar, on receipt of the declaration of transmission so accompanied, shall enter in the 
register book the name of the person entitled under the transmission as owner of the ship or share the 
property in which has been transmitted, and, where there are more persons than one, shall enter the 
names  of  all  those  persons,  but  those  persons  however  numerous  shall,  for  the  purpose  of  the 
provisions of this Act with respect to the number of persons claiming to be registered as owners, be 
considered as one person: 

1. Ins.  by Act 68 of 1993, s. 3 (w.e.f. 27-10-1993). 

39 

 
                                                      
Provided that nothing in this sub-section shall require the registrar to make an entry in the register 
book under this section, if he is of opinion that by reason of the transmission the ship has ceased to be 
an Indian ship. 

45. Order for sale where ship has ceased to be an Indian ship.―(1) Where by reason of the 
transmission  of  any  property  in  a  ship  or  a  share  therein  on  death,  insolvency  or  otherwise,  a  ship 
ceases to  be  an  Indian ship,  the  registrar of  her  port  of  registry  shall  submit  a report to the  Central 
Government setting out the circumstances in which the ship has ceased to be an Indian ship. 

(2) On receipt of such report, the Central Government may make an application to the High Court 
for a direction for the sale to any citizen of India 1[or any 2[company or body or co-operative society] 
which satisfies the requirements specified in clause (b) or, as the case may be, clause (c) of section 21] 
of the property so transmitted. 

(3) The High Court may require any evidence in support of the application it thinks requisite and 
may  make  such  order  thereon  and  on  such  terms  and  conditions  as  it  thinks  just  or  may  reject  the 
application 3[in case] it finds that the ship has not ceased to be an Indian ship; and in case the ship or 
the share is ordered to be sold, it shall direct that the proceeds of the sale after deducting the expenses 
thereof, be paid to the person entitled under such transmission or otherwise. 

(4) Every application for sale shall be made within such time as may be prescribed: 

Provided that an application may be admitted by the High Court after the time prescribed, if the 
Central Government satisfies the High Court that it had sufficient cause for not making the application 
within such time. 

 46. Transfer of ship on sale by order of court.―Where any court, whether under section 45 or 
otherwise, orders the sale of any ship or share therein, the order of the court shall contain a declaration 
vesting in some person named by the court the right to transfer that ship or share, and that person shall 
thereupon be entitled to transfer the ship or share in the same manner and to the same extent as if he 
were  the  registered  owner  thereof;  and  every  registrar  shall  obey  the  requisition  of  the  person  so 
named in respect of any such transfer to the same extent as if such person were the registered owner. 

 47. Mortgage of ship or share.―(1) A registered ship or a share therein may be made a security 
for a loan or other valuable consideration, and the instrument creating the security (in this Act called a 
mortgage)  shall  be  in  the  prescribed  form  or  as  near  thereto  as  circumstances  permit,  and  on  the 
production of such instrument the registrar of the ship's port of registry shall record it in the register 
book. 

(2) Mortgages shall be recorded by the registrar in the order in time in which they are produced to 
him for that purpose, and the registrar shall, by memorandum under his hand, notify on each mortgage 
that it has been recorded by him stating the day and hour of that record. 

48. Entry of discharge of mortgage.―Where a registered mortgage is discharged, the registrar 
shall,  on  the  production  of  the  mortgage  deed  with  a  receipt  for  the  mortgage  money  endorsed 
thereon, duly signed and attested, make an entry in the register book to the effect that the mortgage 

1.  Subs.  by  Act  43  of  1981,  s.  6,  for  “or  any  company  which  satisfies  the  requirements  specified  in  clause  (b)  of   

section 21” (w.e.f.28-9-1981).  

2. Subs. by Act 68 of 1993, s. 4, for “company or any co-operative society” (w.e.f. 27-10-1993).  
3. Subs. by Act 58 of 1960, s. 3 and the Second Schedule, for “in any case” (w.e.f.16-12-1960). 

40 

 
                                                      
 
has been discharged, and on that entry being made the estate, if any, which passed to the mortgagee 
shall vest in the person in whom (having regard to intervening acts and circumstances, if any) it would 
have vested, if the mortgage had not been made. 

49. Priority of mortgages.―If there are more mortgages than one recorded in respect of the same 
ship or share, the mortgagees shall, notwithstanding any express, implied or constructive notice, have 
priority  according  to  the  date  on  which  each  mortgage  is  recorded  in  the  register  book  and  not 
according to the date of each mortgage itself. 

50. Mortgagee not deemed to be owner.―Except in so far as may be necessary for making a 
mortgaged  ship  or  share  available  as  a  security  for  the  mortgage  debt,  the  mortgagee  shall  not,  by 
reason of his mortgage, be deemed to be the owner of the ship or share, nor shall the mortgagor be 
deemed to have ceased to be owner thereof. 

1[51. Rights of mortgagee.―(1) Where there is only one registered mortgagee of a ship or share, 
he shall be entitled to recover the amount due under the mortgage by selling the mortgaged ship or 
share without approaching the High Court: 

Provided that nothing contained in this sub-section shall prevent the mortgagee from recovering 

the amount so due in the High Court as provided in sub-section (2). 

(2) Where there are two or more registered mortgagees of a ship or share they shall be entitled to 
recover the amount due under the mortgage in the High Court, and when passing a decree or thereafter 
the High Court may direct that the mortgaged ship or share be sold in execution of the decree. 

(3) Every registered mortgagee of a ship or share who intends to recover the amount due under the 
mortgage by selling the mortgaged ship or share under sub-section (1) shall give an advance notice of 
fifteen days relating to such sale to the registrar of the ship's port of registry. 

(4) The notice under sub-section (3) shall be accompanied with the proof of payment of the wages 

and other amounts referred to in clause (a) of sub-section (2A) of section 42.] 

 52. Mortgage not affected by insolvency.―A registered mortgage of a ship or share shall not be 
affected  by  any  act  of  insolvency  committed  by  the  mortgagor  after  the  date  of  the  record  of  such 
mortgage, notwithstanding that the mortgagor, at the commencement of his insolvency, had the ship 
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. 

53. Transfer of mortgages.―(1) A registered mortgage of a ship or share may be transferred to 
any person and the instrument effecting the transfer shall be in the prescribed form or as near thereto 
as  circumstances  permit,  and  on  the  production  of  such  instrument,  the  registrar  shall  record  it  by 
entering in the register book the name of the transferee as mortgagee of the ship or share and shall, by 
memorandum  under  his hand,  notify  on the instrument  of transfer  that it has  been  recorded  by  him 
stating the day and hour of the record. 

(2)  The  person  to  whom  any  such  mortgage  has  been  transferred  shall  enjoy  the  same  right  of 

preference as was enjoyed by the transferor. 

1. Subs. by Act 68 of 1993, s. 5, for section 51 (w.e.f. 27-10-1993). 

41 

 
                                                      
 
54. Transmission of interest in mortgage in certain circumstances.―(1) Where the interest of 
a mortgagee in a ship or share is transmitted on death, or insolvency, or by any lawful means other 
than by a transfer under this Act, the transmission shall be authenticated by a declaration of the person 
to whom the interest is transmitted containing a statement of the manner in which and the person to 
whom the property has been transmitted, and shall be accompanied by the like evidence as is by this 
Act required in case of a corresponding transmission of the ownership of a ship or share. 

(2) The registrar, on receipt of the declaration and the production of the evidence aforesaid, shall 
enter the name of the person entitled under the transmission in the register book as mortgagee of the 
ship or share.  

Name of ship 

55. Rules as to name of ship.―(1) An Indian ship shall not be described by any name other than 

that by which she is for the time being registered. 

(2) The registrar may refuse the registry of any Indian ship by the name by which it is proposed to 
register  the  ship  if  that  name  is  already  borne  by  another  ship  or  if  the  name  be  so  similar  as  is 
calculated or likely to deceive. 

(3) A change shall not be made in the name of an Indian ship except in the prescribed manner. 

(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 1[section] the ship may be detained until the provisions of this section are complied with: 

Provided that nothing in this sub-section shall apply to a foreign ship which has become, and is 

sought to be registered as, an Indian ship. 

Registry of alterations, registry anew and transfer of registry 

56. Registry of alterations.―When a registered ship is so altered as not to correspond with the 
particulars relating to her tonnage or description contained in the register book, then, if the alteration 
is made at any port having a registrar, that registrar, or if it is made elsewhere, the registrar of the first 
port haying a registrar at which the ship arrives after the alteration, shall, on application being made to 
him stating the particulars of the alteration, either cause the alteration to be registered or direct that the 
ship be registered anew. 

57. Regulations for registry of alterations.―(1) For the purpose of registry of an alteration in a 
ship the ship's certificate of registry shall be produced to the registrar, and the registrar shall, in his 
discretion, either retain the certificate of registry and grant a new certificate of registry containing a 
description of the ship as altered or endorse and sign on the existing certificate a memorandum of the 
alteration. 

(2)  The  particulars  of  the  alteration  so  made,  and  the  fact  of  the  new  certificate  having  been 
granted,  or  endorsement  having  been  made,  shall  be  entered  by  the  registrar  of  the  ship's  port  of 
registry in his register book; and for that purpose the registrar to whom the application for the registry 
of the alteration has been made (if he is not the registrar of the ship's port of registry) shall forthwith 
report to the last mentioned registrar the particulars and facts as aforesaid, accompanied, where a new 
certificate of registry has been granted, by the old certificate of registry. 

1. Subs. by Act 58 of 1960, s. 3 and the Second Schedule, for “sub-section” (w.e.f. 26-12-1960). 

42 

 
                                                      
 
58. Provisional certificate and endorsement where ship is to be registered anew.―(1) Where 
any registrar, not being the registrar of the ship‟s port of registry, on an application as to an alteration 
in a ship directs the ship to be registered anew, he shall either grant a provisional certificate describing 
the ship as altered, or provisionally endorse the particulars of the alteration on the existing certificate. 

(2) Every such provisional certificate, or certificate provisionally endorsed, shall, within ten days 
after  the  first  subsequent  arrival  of  the  ship  at  her  port  of  discharge  in  India,  be  delivered  to  the 
registrar thereof and that registrar shall cause the ship to be registered anew. 

(3) The registrar granting a provisional certificate, or provisionally endorsing a certificate under 
this section shall add to the certificate or endorsement a statement that the same is made provisionally, 
and  shall  send  a  report  of  the  particulars  of  the  case  to  the  registrar  of  the  ship's  port  of  registry, 
containing a similar statement as the certificate or endorsement. 

59. Registry anew on change of ownership.―Subject to the other provisions contained in this 
Act, where the ownership of any Indian ship is changed, the registrar of the port at which the ship is 
registered may, on the application of the owner of the ship, register the ship anew although registry 
anew is not required under this Act. 

60. Procedure for registry anew.―(1) Where a ship is to be registered anew, the registrar shall 
proceed as in the case of first registry, and on the delivery to him of the existing certificate of registry 
and  on  the  other  requisites  to  registry,  or  in  the  case  of  a  change  of  ownership  such  of  them  as  he 
thinks  material,  being  duly  complied  with,  shall  make  such  registry  anew,  and  grant  a  certificate 
thereof. 

(2) When a ship is registered anew, her former registry shall be considered as closed except so far 
as relates to any unsatisfied mortgage entered thereon, but the names of all persons appearing on the 
former  register  to  be  interested  in  the  ship  as  owners  or  mortgagees  shall  be  entered  in  the  new 
register and the registry anew shall not in any way affect the rights of any of those persons. 

61. Transfer of registry.―(1) The registry of any ship may, with the previous approval of the 
Director-General, be transferred from one port of registry to another on the application to the registrar 
of the existing port of registry of the ship made by declaration in writing of all persons appearing in 
the  register  to  be  interested  therein  as  owners  or  mortgagees,  but that  transfer shall  not  in  any  way 
affect the rights of those persons or any of them and those rights shall in all respects continue in the 
same manner as if no such transfer had been effected. 

(2) On receipt of any such application the registrar shall transmit notice thereof to the registrar of 
the  intended  port  of  registry  with  a  copy  of  all  particulars  relating  to  the  ship  and  the  names  of  all 
persons appearing in that register to be interested therein as owners or mortgagees. 

(3)  The  ship's  certificate  of  registry  shall  be  delivered  to  the  registrar  either  of  the  existing  or 
intended  port  of  registry,  and,  if  delivered to  the  former,  shall  be  transmitted to  the  registrar  of the 
intended port of registry. 

(4) On receipt of the documents aforesaid the registrar of the intended port of registry shall enter 
in  his  register  book  all  the  particulars  and  names  so  transmitted  as  aforesaid,  and  grant  a  fresh 
certificate of registry, and thenceforth such ship shall be considered to be registered at the new port of 
registry,  and  the  name  of  the  ship‟s  new  port  of  registry  shall  be  substituted  for  the  name  of  her 
former port of registry on the ship. 

62. Restrictions on re-registry of abandoned ships.―Where a ship has ceased to be registered 
as  an  Indian  ship  by  reason  of  having  been  wrecked  or  abandoned,  or  for  any  reason  other  than 

43 

 
capture by the enemy, the ship shall not be re-registered until she has at the expense of the applicant 
for the registry been surveyed by a surveyor and certified by him to be seaworthy. 

National character and flag 

63. National colours for Indian ships.―(1) The Central Government may, by notification in the 
Official Gazette, declare what shall be the proper national colours for all ships registered under this 
Act and for all ships which are not so registered but which are owned by the Government or by any 
local authority or by any body corporate established by or under any law for the time being in force in 
India or by a citizen of India; and different colours may be declared for different classes of ships. 

(2)  Any  commissioned  officer  of  the  Indian  Navy,  or  any  customs  collector,  or  any  Indian 
consular officer, may board any ship on which any colours are hoisted contrary to this Act and seize 
and take away the colours which shall be forfeited to the Government. 

64.  Unlawful  assumption  of  Indian  character.―No  person  on  board  a  ship  which  is  not  an 
Indian  ship  shall,  for  the  purpose  of  making  it  appear  to  be  an  Indian  ship,  use  the  Indian  national 
colours, unless the assumption of Indian character has been made (the burden of proving which shall 
lie  on  him)  for  the  purpose  of  escaping  capture  by  the  enemy  or  by  a  foreign  ship  of  war  in  the 
exercise of some belligerent right. 

65. Concealment of Indian, or assumption of foreign, character.―No owner or master of an 
Indian  ship  shall  knowingly  do  anything,  or  permit  anything  to  be  done,  or  carry  or  permit  to  be 
carried  any  papers  or  documents,  with  intent  to  conceal  the  Indian  character  of  the  ship  from  any 
person  entitled  by  any  law  for  the  time  being  in  force  to  inquire  into  the  same,  or  with  intent  to 
assume a foreign character for the ship, or with intent to deceive any person so entitled as aforesaid. 

 66. Indian ships to hoist proper national colours in certain cases.―An Indian ship shall hoist 

the proper national colours― 

(a) on a signal being made to her by any vessel of the Indian Navy; 

(b) on entering or leaving any foreign port; 

(c) if of fifty tons gross tonnage or more, on entering or leaving any Indian port. 

67. National character of ship to be declared before clearance.―(1) A customs collector shall 
not grant a clearance for any ship until the master of such ship has declared to that officer the name of 
the country to which he claims that she belongs, and that officer shall thereupon inscribe that name on 
the clearance. 

(2)  If  a  ship  attempts  to  proceed  to  sea  without  such  clearance,  she  may  be  detained  by  any 

customs collector until the declaratioin is made. 

Miscellaneous 

68. Liabilities of ships not recognised as Indian ships.―Where it is declared by this Act that an 
Indian ship shall not be recognised as such, that ship shall not be entitled to any privileges, benefits, 
advantages  or  protection  usually  enjoyed  by  Indian  ships  or  to  use  the  Indian  national  colours  for 
Indian ships or to assume the Indian national character, but so far as regards the payment of dues the 
liability  to fine  and forfeiture and the  punishment of  offences committed  on board such  ship, or by 
any persons belonging to her, such ship shall be dealt with in the same manner in all respects as if she 
were a recognised Indian ship. 

 69.  Proceedings  on  forfeiture  of  ship.―Where  any  ship  has  either  wholly  or  as  to  any  share 
therein become subject to forfeiture under this Part, any commissioned officer of the Indian Navy, any 

44 

 
customs  collector  or  any  Indian  consular  officer  or  any  other  officer  authorised  by  the  Central 
Government, may seize and detain the ship, and bring her for adjudication before the High Court, and 
the High Court may thereupon adjudge the ship with her equipment to be forfeited to the Government, 
and make such order in the case as to the High Court seems just and may award to the officer bringing 
in the ship for adjudication such portion of the proceeds of the sale of the ship or any share therein as 
the High Court thinks fit. 

 70. Notice of trust not received.―No notice of any trust, express, implied or constructive, shall 
be entered in the register book or be receivable by the registrar, and subject to any rights and powers 
appearing by the register book to be vested in any other person, the registered owner of a ship or of a 
share therein shall have power to dispose of the ship or share in the manner provided in this Act and 
to give effectual receipts for any money paid or advanced by way of consideration. 

 71. Liability of owners.―Where any person is beneficially interested otherwise than by way of 
mortgage  in  any  ship  or  share  in  a  ship  registered  in  the  name  of  some  other  person  as  owner,  the 
person  so  interested  shall,  as  well  as  the  registered  owner,  be  subject  to  all  the  pecuniary  penalties 
imposed  by  this  or  any  other  Act  on  the  owners  of  ships  or  shares  therein,  so  nevertheless  that 
proceedings for the enforcement of any such penalties may be taken against both or either of the said 
parties with or without joining the other of them. 

72.  Evidence  of  register  book,  certificate  of  registry  and  other  documents.―(1)  On 
application to the registrar  and  on  payment  of  the  prescribed  fee, a  person  may,  at  any  time  during 
office hours, inspect any register book, and may obtain a certified copy of any entry in the register 
book. 

(2) The following documents shall be admissible in evidence in any Court in manner provided by 

this Act, namely:― 

(a)  any  register  book  on  its  production  from  the  custody  of  the  registrar  or  other  person 

having the lawful custody thereof; 

(b) a certificate of registry under this Act purporting to be signed by the registrar or any other 

officer authorised in this behalf by the Central Government; 

(c) an endorsement on a certificate of registry purporting to be signed by the registrar or any 

other officer authorised in this behalf by the Central Government; 

(d) every declaration made in pursuance of this Part in respect of an Indian ship. 

(3) A certified copy of an entry in a register book shall be admissible in evidence in any Court and 

have the same effect to all intents as the original entry in the register book of which it is a copy. 

73. Power to register Government ships under this Part.―The Central Government may, by 
notification in the Official Gazette, direct that, subject to such rules as may be  made in this behalf, 
ships belonging to the Government other than ships of the Indian Navy may be registered as Indian 
ships under this Act and thereupon this Act, subject to any exceptions and modifications which may 
be  made  in  the  notification  either  generally  or  with  respect  to  any  class  of  ships  belonging  to 
Government, shall apply to ships belonging to Government registered in accordance with those rules 
as they apply to Indian ships registered in manner provided by this Act. 

74. Power to make rules in respect of matters in this Part.―(1) The Central Government may 

make rules to carry out the purposes of this Part. 

45 

 
(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 in which the tonnage of any ship shall be ascertained, whether for the purpose 

of registration or otherwise, including the mode of measurement; 

(b) the  recognition for the purpose  of  ascertaining  the  tonnage  of  any  ship  or for  any  other 
purpose, of any tonnage certificate granted in respect of any ship in any country outside India, the 
tonnage regulations of which are substantially the same as the tonnage rules made by the Central 
Government, including the conditions and restrictions subject to which such recognition may be 
granted; 

(c) the manner in which surveys of ships shall be conducted and the form of certificates of 

surveying officers; 

(d) the manner in which ships shall be marked; 

(e) the form in which any document required by this Part shall be prepared and the particulars 

which it should contain; 

(f) the persons by whom and the authorities before which any declaration required by this Part 
shall  be  made  and  the  circumstances  in  which  any  such  declaration  may  be  waived  and  other 
evidence accepted; 

(g)  the  form  of  the  instrument  creating  a  mortgage  on  a  ship  or  share  of  transferring  a 

mortgage; 

(h)  the  returns  that  shall  be  made  by  registrars  to  the  Director-General  or  to  such  other 
authority as the Central Government may appoint and the form in which and the intervals within 
which such returns shall be made; 

(i) the procedure for the registration, marking or alteration of the names of Indian ships; 

1[(j) the fees that may be levied for the survey or inspection of any ship for the purposes of 

registration and the manner in which such fees may be collected;] 

(k) the manner in which registrars and other authorities may exercise their powers under the 

Part or maintain their books and other registers; 

(l) the manner in which ships belonging to the Government, to which the provisions of this 

Act may be made applicable under section 73, may be registered; 

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

PART VI 

CERTIFICATES OF OFFICERS 

2[Masters, mates, engineers, skippers, etc.] 

3[75. Application of Part.―This Part applies to― 

(a) every sea-going Indian ship fitted with mechanical means of propulsion wherever it is; and 

(b) every foreign ship while it is a port or place in India. 

1. Subs. by Act 12 of 1983, s. 5, for clause (j) (w.e.f.18-5-1983).  
2. Subs. by Act 13 of 1987, s. 2, for “Masters, mates and engineers” (w.e.f.1-7-1989).  
3. Subs. by s. 3, ibid., for sections 75 and 76 (w.e.f. 1-7-1989). 

46 

 
                                                      
75A. Definitions.―In this Part, unless the context otherwise requires,― 

(a) “contiguous zone” means the contiguous zone of India described, or notified as such for 
the time being under section 5 of the Territorial Waters, Continental Shelf, Exclusive Economic 
Zone and other Maritime Zones Act, 1976 (80 of 1976); 

(b) “convention” means the International Convention on Standards of Training, Certification 
and  Watch  keeping  for  Seafarers,  1978,  signed  at  London  on  the  7th  day  of  July,  1978,  as 
amended from time to time; 
1[76. Certificates of competency to be held by officers of ships.―(1) Every Indian ship, when 
going to sea from any port or place, shall be provided with officers duly certificated under this Act in 
accordance with such manning scales as may be prescribed: 

Provided that the Central Government may prescribe different manning scales for different types 

of ships. 

(2) Every ship, whether at sea or in any port or place, shall engage such number of persons and 

with such qualifications as may be prescribed for maintaining watches.]] 

77. When officers deemed duly certificated.―Subject to the provisions contained in section 86, 
an officer shall not be deemed to be duly certificated under this Act unless he holds a certificate of a 
grade appropriate to his station in the ship or of a higher grade granted in accordance with this Act. 

2[78. Grades of certificates of competency.―(1) Certificates of competency shall be granted in 

accordance with the provisions of this Act for each of the following grades, namely:― 

extra Master; 

master of a foreign-going ship; 

first mate of a foreign-going ship; 

second mate of a foreign-going ship; 

master of a home-trade ship; 

mate of a home-trade ship; 

navigational watchkeeping officer; 

extra first class engineer; 

marine engineer officer class I; 

marine engineer officer class II; 

marine engineer officer class III; 

marine engineer officer class IV; 

engine driver of a sea-going ship; 

skipper grade I of a fishing vessel; 

skipper grade II of a fishing vessel; 

mate of a fishing vessel; 

engineer of a fishing vessel; 

engine driver of a fishing vessel; 

dredger master grade I; 

dredger master grade II; 

1. Subs. by  Act 63 of 2002, s. 2, for section 76 (w.e.f.1-2-2003). 
2. Subs. by Act 13 of 1987, s. 4, for section 78 (w.e.f. 1-7-1989). 

47 

 
                                                      
dredger mate grade I; 

dredger mate grade II; 

dredger engineer grade I; 

dredger engineer grade II; 

dredger driver grade I; 

dredger driver grade II. 

(2)  A  certificate  of  competency  granted  for  any  grade  of  engineer  or  engine  driver  shall  state 
whether it entitles the holder to act as engineer of ships or fishing vessels fitted with steam or motor 
engines or with any other type of engines and the holder shall not be entitled to act as engineer of a 
ship fitted with a type of engine not stated in the certificate.  

(3) Certificates issued to masters, mates and engineers who have to work on board ships carrying 

dangerous goods shall require endorsement as to the additional qualifications that may be prescribed. 

(4) If it appears to the Central Government that certificates of competency for grades, other than 
those  referred  to  in  sub-section  (1)  may  be  granted,  it  may,  by  notification  in  the  Official  Gazette, 
specify the other grades in respect of which certificates of competency may be granted. 

(5) A certificate of competency for a foreign-going ship shall be deemed to be of a higher grade 
than the corresponding certificate of a home-trade ship, and shall entitle the lawful holder thereof to 
go to sea in the corresponding grade in such home-trade ship; but no certificate for a home-trade ship 
shall entitle the holder to go to sea as a master or mate of a foreign-going ship. 

(6) A certificate of competency as extra master shall be deemed to be of a higher grade than any 
other  certificate  of  competency  as  master  or  mate  of  a  foreign-going  ship  or  a  home-trade  ship  or 
navigational watch keeping officer. 

(7)  A  certificate  of  competency  as  extra  first  class  engineer  shall  be  deemed  to  be  of  a  higher 
grade than any other certificate of competency as marine engineer officer, engineer or engine driver of 
a fishing vessel or engine driver of a sea-going ship.] 

79. Examinations for, and grant of, certificates.―(1) The Central Government or a person duly 
authorised by it in this behalf shall appoint persons for the purpose of examining the qualifications of 
persons desirous of obtaining certificate of competency under section 78. 

(2) The Central Government or such authorised person shall grant to every applicant, who is duly 
reported by the examiners to have passed the examination satisfactorily and to have given satisfactory 
evidence  of  his  sobriety,  experience  and  ability  and  general  good  conduct  on  board  ship,  such  a 
certificate of competency as the case requires: 

Provided that the Central Government may, in any case in which it has reason to believe that the 
report has been unduly made, require, before granting a certificate, a re-examination of the applicant 
or a further inquiry into his testimonials and character. 

1[(3)  Every  certificate  granted  under  sub-section  (2),  shall  be  valid  for  such  period  as  may  be 

prescribed.] 

80.  [Certificates  of  service  of  naval  officers.]  Omitted  by  Act  Merchant  Shipping  (Amendment)              

Act, 1986 (33 of 1986), s. 2 (w.e.f. 14-8-1986). 

81. Form of certificates.―Every certificate of competency granted under this Act shall be in the 
prescribed form and shall be made in duplicate, and one copy shall be delivered to the person entitled 
to the certificate, and the other shall be kept and recorded in the prescribed manner. 

1. Ins. by Act 13 of 1987, s. 5 (w.e.f.1-7-1989).  

48 

 
                                                      
82.  Record  of  orders  affecting  certificates.―A  note  of  all  orders  made  for  cancelling, 
suspending, altering or otherwise affecting any certificate of competency, in pursuance of the powers 
contained in this Act, shall be entered on the copy of the certificate kept under section 81. 

83. Loss of certificates.―Whenever a person holding a certificate granted under this Act proves 
to  the  satisfaction  of  the  Central  Government  that  he  has,  without  fault  on  his,  part,  lost  or  been 
deprived of such certificate, the Central Government shall on payment of the prescribed fee, cause a 
copy  of  the  certificate,  to  which  by  the  record  kept  in  accordance  with  this  Act  he  appears  to  be 
entitled, to be granted to him, and such copy shall have all the effect of the original. 

84.  Production  of  certificates  of  competency  to  shipping  master.―(1)  The  master  of  a              

foreign-going ship or the master of a home-trade ship of two hundred tons gross or more― 

(a) on signing the agreement with his crew, shall produce to the shipping master before whom 
the same is signed, the certificates of competency which the 1[mates and engineers] of the ship are 
by this Act required to hold; 2*** 

(b) in  the  case  of  a running  agreement,  shall,  also, before  the  second  and every  subsequent 
voyage, produce to the shipping master the certificate of competency of any mate or engineer then 
first engaged by him who is required by this Act to hold a certificate. 

3[(c)  who  is  not  required  to  sign  the  agreement  with  the  crew,  shall  submit  before 
commencing  the  first  voyage  from  any  port  to  the  Mercantile  Marine  Department  having 
jurisdiction over such port, a list of crew with the particulars of grades of certificates of master, 
mates and engineers and shall also report to that Department of any later change in the list of the 
crew before any subsequent voyage.] 

(2)  Upon  the  production  of  the  certificates  of  competency,  the  shipping  master  shall,  if  the 
certificates are such as the master, mates and engineers of the ship ought to hold, give to the master a 
certificate to the effect that the proper certificates of competency have been so produced. 

(3)  The  master  shall,  before  proceeding  to  sea,  produce  the  certificate  given  to  him  by  the 

shipping master to the customs collector. 

(4)  No  customs  collector  shall  clear  any  such  ship  outwards  without  the  production  of  such 
certificate; and, if any ship attempts to go to sea without a clearance, the customs collector may detain 
her until the certificate is produced. 

85. Power to cancel or suspend certificates obtained on false or erroneous information.―If it 
appears to the Central Government that the holder of a certificate granted under this Act has obtained 
it on false or erroneous information, it may cancel or suspend such certificate: 

Provided that no order under this section shall be passed by the Central Government unless the 
person  concerned  has  been  given  an  opportunity  of  making  a  representation  against  the  order 
proposed. 

86.  Recognition  of  certificate  of  competency  4***  granted  in  other  countries.―(1)  If 
provision is made by the laws in force in any country other than India for the grant of certificates of 
competency 2*** similar to those referred to in this Act, and the Central Government is satisfied― 

(a) that the conditions under which any such certificates are granted in that country require 
standards  of  competency  2***  not  lower  than  those  required  for  the  grant  under  this  Act  of 
corresponding certificates; and 

1. Subs. by Act 13 of 1987, s. 6, for “master, mate, engineers and engine drivers” (w.e.f. 1-7-1989).   
2. The word “and” omitted by s. 6, ibid. (w.e.f. 1-7-1989). 
3. Ins. by s. 6, ibid. (w.e.f. 1-7-1989). 
4. The words “or service” omitted by Act 33 of 1986, s. 3 (w.e.f. 14-8-1986). 

49 

 
                                                      
(b)  that  certificates  granted  under  this  Act  are  accepted  in  that  country  in  lieu  of  the 

corresponding certificates granted under the laws of that country; 

the  Central  Government  may,  by  notification  in  the  Official  Gazette,  declare  that  any  certificate  of 
competency  2***  granted  under  the  laws  in  force  in  that  country  and  specified  in  that  notification, 
shall  for  the  purposes  of  this  Act  be  recognised  as  equivalent  to  the  corresponding  certificate  of 
competency 2*** granted under this Act and specified in the notification. 

(2) Whenever the provisions of this Act require that a person employed in any capacity on board 
any ship shall be the holder of a specified certificate of competency 2*** granted under this Act, any 
person  employed  in  that  capacity  shall,  if  he  is  the  holder  of  a  certificate  recognised  under              
sub-section  (1)  as  equivalent  to  the  first-mentioned  certificate  or  to  a  certificate  of  higher  grade 
granted under this Act, and still in force, be deemed to be duly certificated under this Act. 

1[86A.  Foreign  ships  not to  sail without  certificated  officers.―(1)  Every  master  of  a foreign 
ship  shall,  before  proceeding  to  sea  from  any  port  or  place  in  India,  ensure  that  the  ship  has  the 
requisite number of officers and engineers of appropriate grades as specified by the Convention. 

(2)  A  surveyor  or  any  person  authorised  in  this  behalf  by  the  Central  Government  may,  at  any 
reasonable time, go on board a ship to which any of the provisions of this Part applies for the purpose 
of ensuring that the officers holding certificates issued in accordance with the Convention are actually 
appointed  and  are  present,  and  satisfy  himself  about  the  adequacy  of  such  officers  for  the                      
watch-keeping duties in ports and at sea. 

(3) If any report made under sub-section (2) by a surveyor or any person authorised in this behalf 
by the Central Government, reveals any deficiency in a foreign ship in relation to the requirements of 
the Convention and the Central Government is satisfied that it will be unsafe for such ship to proceed 
to sea, that ship may be detained by the officer authorised for this purpose till such requirements are 
fulfilled.] 

2[87.  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 form and manner in which a service endorsement shall be made on the certificate of 

competency of a marine engineer officer class II; 

(b)  the  number  of  persons  and  the  qualifications  they  may  possess  for  maintaining 

watches 3[by different types of ships] at sea or in any port or place; 

(c) the conduct of the examination of persons desirous of obtaining certificates of competency 

and endorsements thereon for the grades falling under section 78; 

(d)  the  qualifications  to  be  required  of  persons  desirous  of  obtaining  certificates  of 

competency for the grades falling under section 78; 

(e) the fees to be paid by applicants for examination; 

(f) the period for which certificate granted under sub-section (2) of section 79 shall be valid; 

(g) the form of such certificates and the manner in which copies of certificates are to be kept 

and recorded; 

(h)  the  circumstances  or  cases  in  which  certificates  of  competency  may  be  cancelled  or 

suspended.]  

1. Ins. by Act 13 of 1987, s. 7 (w.e.f. 1-7-1989).   

2. Subs. by s. 8, ibid., for section 87(w.e.f. 1-7-1989). 

3. Subs. by Act 63 of 2002, s. 3,  for “by a ship”(w.e.f. 1-2-2003).  

50 

 
                                                      
1[PART VIA 

OBLIGATION OF CERTAIN CERTIFICATE HOLDERS TO SERVE GOVERNMENT OR IN INDIAN SHIPS 

87A. Definitions.―In this Part, unless the context other requires,― 

(a) “appointed day” means the date on which the Merchant Shipping (Amendment) Act, 1979 

(20 of 1979), comes into force; 

(b) “certificate” means― 

(i) a certificate of competency referred to in section 78; or 
2* 
(iii) a certificate of competency 3*** referred to in section 86,  

* 

* 

* 

* 

which has been obtained by any person by availing of training facilities in any of the merchant navy 
training establishments in India or experience of sea service on board any Indian ship 4***; 

(c) “Government” includes― 

(i) a Board of Trustees constituted under the Major Port Trusts Act, 1963 (38 of 1963) for 

any port, 

(ii) a corporation established by or under a Central, Provincial or State Act, 

(iii)  A  Government  company  within  the  meaning  of  section  617  of  the  Companies 

Act,1956 (1 of 1956), and 

(iv) a Merchant Navy Training Institution financed wholly or mainly by Government; 

(d) “suitable employment”, in relation to the holder of any certificate, means employment in a 

capacity for which the holding of such certificate is an essential qualification. 

87B.  Holders  of  certificates  to  serve  the  Government  or  in  Indian  ships  for  certain 
period.―(1) Every citizen of India who obtains, on or after the appointed day, a certificate shall be 
liable to serve the Government or in any Indian ship, for such period not extending beyond four years 
from  the  date  on  which  he  obtains  such  certificate  or  for  such  shorter  period  as  the  Central 
Government may, by a general or special order published in the Official Gazette, specify. 

(2) No citizen of India who has obtained on or, after the appointed day a certificate shall accept 
any employment other than an employment under the Government or in any Indian ship, before the 
expiry  of  the  period  during  which  he  is  liable  to  serve  the  Government  or  in  any  Indian  ship  in 
accordance with the provisions of sub-section (1) and the orders made thereunder. 

(3)  Notwithstanding  anything  contained  in  sub-section  (1)  or  sub-section  (2),  a  citizen  of  India 
who has obtained, on or after the appointed day, two or more certificates shall not be liable to serve 
under the Government or in any Indian ship for any period or periods exceeding, or, as the case may 
be, exceeding in the aggregate, seven years or such shorter period as the Central Government may, by 
a general or special order, published in the Official Gazette, specify. 

87C. Exemption from section 87B.―(1) When any person referred to in section 87B has failed 
to secure suitable employment within a reasonable period from the date on which he applied for the 
same, he may make an application to the Director-General for exempting him from the requirements 
of  sub-sections  (1)  and  (2)  of  that  section  and  if  the  Director-General  is  satisfied  that  the  grounds 

1. Part VIA ins. by Act 20 of 1979, s. 2 (w.e.f. 4-5-1979). 

2. Sub-clause (ii) omitted by Act 33 of 1986, s. 4 (w.e.f. 14-8-1986). 

3. The words „or service” omitted by s. 4, ibid. (w.e.f. 14-8-1986). 

4. The words “or Indian Naval ship” omitted by s. 4, ibid. (w.e.f. 14-8-1986). 

51 

 
 
 
 
 
 
 
 
                                                      
stated in the application justify the exemption sought for, he shall, by order, exempt such person from 
the requirements of those sub-sections. 

(2)  The  Director-General  may,  either  on  own  motion  or  on  an  application  made  by  any  person 

referred  to  in  section  87B,  by  order  in  writing,  exempt  such  person  from  the  requirements  of                    
sub-sections (1) and (2) of that section, if the Director-General is satisfied― 

(a) that it is necessary so to do for compliance with any request made by the Government of 
any  foreign  country  to  make  available  the  services  of  Indian  personnel  for  meeting  shortage  of 
qualified personnel in its ships or shore establishments, or for compliance with any request made 
by  any  agency  of  the  United  Nations  Organisation  for  making  available  Indian  personnel  for 
providing  consultancy  services  on  its  behalf  in  technical  co-operation  or  technical  assistance 
programme in any country; or 

(b) that such person is likely to suffer undue hardship if he is not so exempted. 

(3) An application for exemption under sub-section (1) or sub-section (2) shall set out clearly all 

the particulars on the basis of which such exemption is applied for. 

(4)  Every  such  application  shall  be  disposed  of  by  the  Director-General  as  expeditiously  as 
possible and where the Director-General refuses to grant the exemption applied for, he shall record his 
reasons therefore and communicate the same to the applicant. 

(5) Where, within a period of forty-five days of the date of receipt of any such application, the 
Director-General  does  not  refuse  to  grant  the  exemption  applied  for,  or  does  not  communicate  the 
refusal to the applicant, the Director-General shall be deemed to have granted the exemption applied 
for. 

(6)  Where  the  Director-General  refuses  to  grant  the  exemption  applied  for,  the  applicant  may 
prefer an appeal against such refusal to the Central Government within thirty days of the receipt of the 
order  of  the  Director-General  refusing  the  exemption  and  the  Central  Government  may  make  such 
orders as it deems fit: 

Provided  that  the  Central  Government  may  admit  any  appeal  after  the  expiry  of  the  period 

aforesaid, if it is satisfied that the appellant had sufficient cause for not preferring the appeal in time: 

Provided further that no order confirming the order of the Director-General shall be made under 

this sub-section without giving the appellant an opportunity to represent his case. 

 87D. Particulars of certificate, etc., to be furnished.―Every citizen of India who obtains, on 
or after the appointed day, a certificate, shall furnish, in such form and at such intervals as may be 
described, particulars of the certificate or certificates obtained by him and of his employment.] 

PART VII 
SEAMEN AND APPRENTICES 
1[Classification of seamen, seafarer, maritime labour standards and prescription of minimum 

manning scale] 

88. Power to classify seamen.―The Central Government may make rules for the classification 
of seamen other than ship's officers into different categories and for the prescription of the minimum 
manning  scale  of  seamen  of  such  categories  for  ships;  and  different  scales  may  be  prescribed  for 
different classes of ships. 

2[88A. Definitions.―In this Part, unless the context otherwise requires,― 

(a)  “Declaration  of  Maritime  Labour  Compliance”  means  a  declaration  issued  by  the 
Director-General  of  Shipping  or  by  any  officer,  authority  or  organization  authorized  by  him  in 
this  behalf,  in  respect of a  ship  that it  meets  with the  requirements  and  standards  set  out in the 
provisions of the Maritime Labour Convention; 

1.  Subs.  by  Act  32  of  2014,  s.  2,  for  “Classification  of  seamen  and  prescription  of  minimum  manning  scale”               

(w.e.f. 1-4-2015). 

2.  Ins. by s. 3, ibid. (w.e.f. 1-4-2015). 

52 

 
                                                      
(b)  “Maritime  Labour  Certificate”  means  the  certificate  issued  by  the  Director-General  of 
Shipping  or  by  any  officer,  authority  or  organisation  authorised  by  him  in  this  behalf,  in 
accordance with the provisions of the Maritime Labour Convention; 

(c) “Maritime Labour Convention” means the International Convention of Maritime Labour 

Organisation on Maritime Labour Standards signed in Geneva on the 23rd February, 2006; 

(d)  “seafarer”  means  any  person  who  is  employed  or  engaged  or  works  in  any  capacity  on 

board a sea going ship, but does not include― 

(i) the employment or engagement or work on board in any capacity of any person in a 

ship of war; or 

(ii) any Government ship used for military or non-commercial purposes. 

88B.  Application  of maritime  labour  standards  to  seafarers  and  ships.―(1)  The  provisions 
relating to maritime labour standards as contained in the Maritime Labour Convention, shall apply to 
all seafarers and ships engaged in commercial activities, but does not include― 

(a) ships 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) ships engaged in fishing activities; 

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

(d) ships of war or naval auxiliaries. 

(2)  Subject  to  the  provisions  of  sub-section  (1),  the  Central  Government  may,  on  the 

recommendation  of  the  Director-General  of  Shipping,  by  order,  extend  the  provisions  of  the  said            
sub-section to ships not engaged in commercial activities with such exceptions and modifications as it 
may consider necessary.] 

Shipping Masters 

89. Duties of shipping masters.―It shall be the duty of shipping masters― 

(a)  to  superintend  and  facilitate  the  engagement  and  discharge  of  seamen  in  the  manner 

provided in this Act; 

(b)  to  provide  means  for  securing  the  presence  on  board  at  the  proper  times  of  the  seamen 

who are so engaged; 

(c) to facilitate the making of apprenticeship to the sea service; 

(d) to hear and decide disputes under section 132 between a master, owner or agent of a ship 

and any of the crew of the ship: 

1[(dd) to transmit the complaint of any dispute of a foreign seaman of a vessel, registered in a 
country  other  than  India,  in  Indian  territorial  waters,  with  the  master,  owner  or  agent,  to  the 
competent  authority  of  the  country  of  registration  and  a  copy  of  such  complaint  shall  be 
forwarded to the Director-General, International Labour Organisation Office;] 

(e) to perform such other duties relating to seamen, apprentices and merchant ships as are for 

the time being committed to them by or under this Act. 

1. Ins. by Act 9 of 1998, s. 2 (w.e.f. 26-9-1997). 

53 

 
                                                      
90. Fees to be paid.―(1) The Central Government may, by notification in the Official Gazette, 
fix the fees which shall be payable upon all engagements and discharges effected before a shipping 
master. 

(2)  Scales  of  the  fees  payable  for  the  time  being  shall  be  conspicuously  placed  in  the  shipping 
office, and a shipping master may refuse to proceed with any engagement or discharge unless the fees 
payable thereon are first paid. 

(3) Every owner or master of a ship engaging or discharging any seamen in a shipping office or 
before a shipping masters shall pay to the shipping master the whole of the fees hereby made payable 
in respect of such engagement or discharge, and may, for the purpose of reimbursing himself in part, 
deduct  in  respect  of  each  such  engagement  or  discharge  from  the  wages  of  all  persons  (except 
apprentices) so engaged or discharged, and retain any sums not exceeding such sums as the Central 
Government may, by notification in the Official Gazette, fix in this behalf: 

Provided that, if in any case the sums which may be so deducted exceed the amount of the fee 

payable by him, such excess shall be paid by him to the shipping master in addition to such fee. 

(4)  For  the  purpose  of  determining  the  fees  to  be  paid  upon  the  engagement  and  discharge  of 
seamen belonging to foreign-going ships which have running agreements as hereinafter provided, the 
crew shall be considered to be engaged when the agreement is first signed, and to be discharged when 
the agreement finally terminates; and all intermediate engagements and discharges shall be considered 
to be engagements and discharges of single seamen. 

Apprenticeship to the sea service 

91.  Assistance  for  apprenticeship  to  sea  service.―All  shipping  masters  shall  give  to  persons 
desirous of apprenticing 1[young persons not under the age of sixteen years] to sea service or requiring 
apprentices not under that age for the sea service such assistance as may be in their power, and may 
receive from those persons such fees as the Central Government may fix. 

92. Special provisions as to apprenticeship to the sea service.―2[(1) The apprenticeship of any 
person  to the sea service  shall  be  by  contract in  writing  between the  apprentice or  if  he is  a  young 
person,  then,  on  his  behalf  by  his  guardian,  and  the  master  or  owner  of  the  ship  requiring  the 
apprentice.] 

(2) Every such contract shall be executed in duplicate in the prescribed form and in accordance 

with the rules made by the Central Government in this behalf. 

(3) Every such contract shall be executed in the presence of, and shall be attested by, the shipping 

master of the port, who shall, before the execution of the contract, satisfy himself— 

(a) that the intended apprentice— 

(i) understands the contents and provisions of the contract; 

(ii) freely consents to be bound; 
(iii) has attained the age of 3[sixteen years]; and  

(iv) is in possession of a certificate to the effect that he is physically fit for sea service; 
(b)  if  the  intended  apprentice  is 4[an  young  person],  that  his  guardian's  consent  has  been 

obtained to his being bound as an apprentice. 

1. Subs. by Act 32 of 2014, s. 4, for “boys not under fifteen years of age” (w.e.f. 1-4-2015). 
2. Subs. by s. 5, ibid., for sub-section (1) (w.e.f. 1-4-2015). 
3.  Subs. by s. 5, ibid., for “fifteen years” (w.e.f. 1-4-2015). 
4.  Subs. by s. 5, ibid., for “a minor” (w.e.f. 1-4-2015). 

54 

 
                                                      
(4)  Every  such  contract  made  in  India  and  every  assignment,  alteration  or  cancellation  thereof, 
and where the apprentice bound dies or deserts, the fact of the death or desertion shall be recorded in 
the manner specified in section 93. 

93. Manner in which contract is to be recorded.―For the purpose of the record— 

(a) the master or owner of the ship to whom an apprentice to the sea service is bound shall 
transmit  the  contract  executed  in  duplicate  within  seven  days  of  the  execution  thereof,  to  the 
shipping  master,  who  shall  record  one  copy  and  endorse  on  the  other  the  fact  that  it  has  been 
recorded and redeliver it to the master or owner; 

(b)  the  master  or  owner  shall  notify  any  assignment  or  cancellation  of  the  contract  and  the 
death or desertion of the apprentice to the shipping master, within seven days of the occurrence, if 
it occurs within India, or, as soon as circumstances permit, if it occurs elsewhere. 

94.  Production of contracts to authorised person before voyage in ship.―(1) The master of a 
ship  shall,  before  carrying  an  apprentice to sea  from  a  port in  India, cause the apprentice to appear 
before the shipping master before whom the crew are engaged, and shall produce to him the contract 
by which the apprentice is bound, and every assignment thereof. 

(2) The  name  of  the  apprentice,  with  the date  of the contract and of  the  assignments  thereof, if 
any,  and  the  names  of  the  ports  at  which  the  same  have  been  registered,  shall  be  entered  on  the 
agreement with the crew. 

Seamen’s employment offices 

95.  Business  of  seamen's  employment  offices.―(1)  It  shall  be  the  business  of  the  seamen's 

employment offices― 

1[(a) to issue licence, to regulate and control the recruitment and placement service, and to― 

(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; 

(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 seamen in respect of the categories of seamen.] 

(c) to perform such other duties relating to seamen and merchant ships as are, from time to 

time, committed to them by or under this Act. 
2* 

* 

* 

* 

* 

(3) The Central Government may  make rules for the purpose of enabling seamen‟s employment 
offices effectively to exercise their powers under this Act; and in particular and, without prejudice to 
the generality of such power, such rules may, provide for― 

(a)  consultation  with  respect  to  any  specified  matter  by  seamen's  employment  offices  with 
such advisory boards or other authorities as the Central Government may think fit to constitute or 
specify in this behalf; 

3[(b)  the  levy  and  collection  of  such  fees  as  may  be  specified  for  the  issue  of  licences  to 
recruitment and placement services, renewal of such licences and services to be rendered by the 
seamen's employment office; 

(c) the issue of directions by the Central Government to any seamen‟s employment office or 

any recruitment and placement service with reference to the exercise of any of its powers; 

1. Subs. by Act 63 of 2002, s. 4, for clauses (a) and (b) (w.e.f. 1-2-2003). 
2. Omitted by s. 4, ibid. (w.e.f. 1-2-2003). 
3. Subs. by s. 4, ibid., for clauses (b) and (c) (w.e.f. 1-2-2003). 

55 

 
 
 
 
 
 
 
 
                                                      
(ca)  the  conditions  under  which  the  recruitment  and  placement  service  to  recruit  and  place 

seafarers abroad; 

(cb) the circumstances and conditions under which licence to be suspended or withdrawn; 

(cc)  the  conditions  under which  seafarers‟  personal data to  be  processed  by  the  recruitment 
and placement services including the collection, storage, combination and communication of such 
data to third parties;] 

(d) the supersession of any seamen's employment office which fails to comply with any such 

direction. 
1[Explanation.―For the purposes of this section,― 

(a) “recruitment  and  placement  service”  means any  person,  company,  institution,  agency  or 
other  organisation,  in  the  public  or  private  sector  which  is  engaged  in  recruiting  seafarers  on 
behalf of employers or placing seafarers with employers; 

2* 

* 

* 

* 

* 

  96. Supply or engagement of seamen in contravention of Act prohibited.―(1) A person shall 
not  engage  or  supply  a  seaman  to  be  entered  on  board  any  ship  in  India  unless  that  person  is  the 
owner, master or mate of the ship, or is the agent of the owner or is bona fide the servant and in the 
constant employ of the owner, or is a director of a seaman‟s employment office, or a shipping master. 

(2) A person shall not employ for the purpose of engaging or supplying a seaman to be entered on 
board any ship in India, any persons unless that person is the owner, master or mate of the ship, or is 
the agent  of the  owner  or is  bona fide the  servant and  in  the  constant  employ  of  the  owner,  or  is  a 
director of a seamen‟s employment office, or a shipping master. 

(3) A person shall not receive or accept to be entered on board any ship any seaman, if that person 

knows that the seaman has been engaged or supplied in contravention of this section or section 95. 

 3[97.  Receipt  of  remuneration,  donation,  fees,  etc.,  from  seamen  for  shipping  them 
prohibited.―(1) A person or company or organisation including a union purporting to represent the 
interests  of  seamen  shall  not  demand  or  receive,  either  directly  or  indirectly,  from  any  seaman  or 
person seeking employment as seaman or any person on his behalf, any remuneration or donation or 
fees or compulsory subscription of any kind attributable from such seaman or person‟s employment as 
seaman, other than the fees authorised by this Act. 

(2) It shall be the duty of the company employing or  proposing to employ person as seaman to 
ensure  that  no  money  has  been  demanded  or  received  by  any  person  or  company  or  organisation 
including  the  union  purporting  to  represent  the  interests  of  seamen  by  way  of  any  remuneration  or 
donation or fees or compulsory subscription of any kind attributable to employment of such person as 
seaman.]  

 4[97A.  Prohibition  against  discrimination.―There  shall  be  no  discrimination  between 

seamen,― 

(a)  on  the  ground  of  their  membership  or  lack  of  membership  in  any  particular  union 

purporting  to  represent  the  interests  of  seamen  and  membership  in  such  union  shall  not  be                    
pre-requisite condition; 

(b)  on  the  basis  of  training  institute  from  where  they  obtained  training  or  place  of  issue  of 

their continuous discharge certificates,  

for their recruitment and engagement on board any ship.] 

1. The Explanation ins. by Act 63 of 2002, s. 4 (w.e.f. 1-2-2003). 
2. Explanation omitted by Act 32 of 2014, s. 6 (w.e.f. 1-4-2015). 
3. Subs. by Act 63 of 2002, s. 5, for section 97 (w.e.f. 1-2-2003). 
4. Ins. by s. 6, ibid. (w.e.f. 1-2-2003). 

56 

 
 
 
 
 
 
 
 
                                                      
Engagement of seamen 

98.  Qualifications  for,  and  medical  examination  of,  seamen.―(1)  The  Central  Government 
may, by notification in the Official Gazette, direct that, with effect from such date as may be specified 
in the notification, seamen generally or any category of seamen in particular shall not be engaged or 
carried to sea to work in any capacity in any ship or in any class of ships so specified, unless each one 
of them possesses the prescribed qualifications. 

(2)  Except  as  otherwise  provided  under  the  rules  made  under  sub-section  (3),  no  person  shall 
engage  or  carry  to  sea  any  seaman  to  work  in  any  capacity  in  any  ship  or  in  any  class  of  ships 
specified in this behalf by the Central Government, unless the seaman is in possession of a certificate 
in the prescribed form granted by the prescribed authority to the effect that he is  physically fit to be 
employed in that capacity. 

(3) The Central Government may make rules for the purpose of giving effect to the provisions of 
this  section; and,  in  particular,  and,  without  prejudice  to  the  generality  of  such  power,  any  rules  so 
made may provide for― 

(a) the courses of training to be pursued, the vocational standards to be attained or the tests to 

be passed by seamen generally or by any class of seamen in particular; 

(b) the standard of physical fitness required of seaman, different standards being laid down, if 
necessary, for different classes of seamen having regard to the age of the seamen to be examined 
or the nature of the duties to be performed by them; 

(c) the nature of the medical examination of seamen, the authorities by which the examination 

shall be conducted, and the fees payable therefore; 

(d) the form and contents of medical certificates and the period of their validity; 

(e)  the  re-examination  by  such  medical  authority  as  may  be  specified  of  persons  who  have 
been refused medical certificates of physical fitness in the first instance and the fees payable for 
such re-examination; 

(f)  the  circumstances  in  which,  or  the  conditions  subject  to  which,  any  seaman  or  class  of 

seamen, or any ship or class of ships, may be exempted from the operation of sub-section (2). 

99. Prohibition of engagement of seamen in Indian port without discharge certificate.―No 
person shall engage or carry to sea any seaman under this Act in any ship, except a home-trade ship of 
less  than  two  hundred  tons  gross,  from  any  port  in  India  unless  the  seaman  is  in  possession  of  a 
certificate of discharge or a continuous certificate of discharge issued under this Part. 

 1[99A. Prohibition of engagement of seafarer without seafarer’s identity document.―(1) No 
person  shall  engage  or  carry  to  sea  any  seafarer  in  any  ship,  unless  the  seafarer  is  in  possession  of 
seafarer's identity document. 

(2)  The  seafarer‟s  identity  document  under  sub-section  (1)  shall  be  issued  in  such  form  and 

manner and on payment of such fees as may be prescribed. 

2* 

* 

* 

* 

* 

100. Agreements with crew.―The master of every Indian ship, except a home-trade ship of less 
than two hundred tons gross, shall enter into an agreement (in this Act called the agreement with the 
crew) in accordance with this Act with every seaman whom he engages in, and carries to sea as one of 
his crew from any port in India. 

1. Ins. by Act 40 of 2007, s. 5 (w.e.f. 1-3-2008). 
2. Explanation omitted by Act 32 of 2014, s. 7 (w.e.f. 1-4-2015). 

57 

 
 
 
 
 
 
 
 
 
 
 
                                                      
101.  Form  and  contents  of  the  agreement.―(1)  An  agreement  with  the  crew  shall  be  in  the 
prescribed form, and shall be dated at the time of the first signature thereof, and shall be 1[signed by 
the owner or agent and the master] before any seaman signs the same. 

(2)  The  agreement  with  the  crew  shall  contain  as  terms  thereof  the  following  particulars, 

namely:― 

(a) the name of the ship or ships on board which the seaman undertakes to serve; 

(b)  either  the  nature  and,  as  far  as  practicable,  the  duration  of  the  intended  voyage  or 
engagement or the maximum period of the voyage or engagement, and the places or parts of the 
world, if any, to which the voyage or engagement is not to extend; 

(c) the number and description of the crew of different categories in each department; 

2[(cc) hours of work and rest in a week, as may be prescribed;] 

(d) the time at which each seaman is to be on board or to begin work; 

(e) the capacity in which each seaman is to serve; 

(f) the amount of wages which each seaman is to receive; 

2[(ff) the entitlement for leave, as may be prescribed; and] 

(g) a scale of the provisions which are to be furnished to each seaman, such scale being not 

less than the scale fixed by the Central Government and published in the Official Gazette; 

(h) a scale of warm clothing and a scale of additional provisions to be issued to each seaman 

during periods of employment in specified cold regions; 

(i)  any  regulations  as  to  conduct  on  board  and  as  to  fines  or  other  lawful  punishment  for 
misconduct, which have been sanctioned by the Central Government as regulations proper to be 
adopted, and which the parties agree to adopt;  

(j) payment of compensation for personal injury or death caused by accident 3[arising out of 

employment or] in the course of employment; 

(k)  where  it  is  agreed  that  the  services  of  any  seaman  shall  end  at  any  port  not  in  India,  a 
stipulation to provide  him  either  fit  employment  on  board  some  other ship  bound  to  the  port  at 
which he was shipped or to such other port in India as may be agreed upon, or a passage to some 
port in India free of charge or on such other terms as may be agreed upon; 

 2[(kk) the terms of agreement with the crew shall be determined after consultation with such 
organisations  in  India  as  the  Central  Government  may,  by  order,  notify  to  be  the  most 
representative of the employers of seamen and of seamen.] 

(l) stipulations relating to such other matters as may be prescribed. 

(3) The agreement shall provide that in the event of a dispute arising outside India between the 
master, owner or agent of a ship and a seaman in respect of any matter touching the agreement, such 
dispute shall be referred to the Indian consular officer whose decision thereon shall be binding on the 
parties until the return of the ship to the port in India at which the seaman is to be discharged: 

1. Subs. by Act 41 of 1984, s. 4, for “signed by the master” (w.e.f.15-7-1985).  
2. Ins. by Act 32 of 2014, s. 8 (w.e.f. 1-4-2015). 
3. Subs. by s. 8, ibid., for “arising out of and” (w.e.f. 1-4-2015). 

58 

 
                                                      
Provided that in the case of a ship other than an Indian ship, no such dispute shall be referred to 

the Indian consular officer if such reference is contrary to the rules of international law. 

(4) The agreement with the crew shall be so framed as to admit of stipulations, to be adopted at 
the will of the master and seaman in each case (not being inconsistent with the provisions of this Act) 
respecting the advance and allotment of wages and may contain any other stipulations which are not 
contrary to law. 

1[102.  Engagement  of  seaman  where  agreement  is  made  out  of  India.―Notwithstanding 
anything contained in any other provision of this Act, the master of a ship registered at a port outside 
India who has an agreement with the crew made in due form according to the law of that port or of the 
port in which her crew were engaged may engage in any port in India― 

(a) a seaman 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 country in which 
the ship is registered or, as the case may be, of the country in which the said agreement was made; 
or 

(b) a seaman who is a citizen of India and who holds a certificate of discharge or a continuous 

certificate of discharge issued under this Act, 

and  any  seaman  so engaged  under  clause (a)  or  clause  (b)  may  sign  the agreement aforesaid  and  it 
shall not be necessary for him to sign an agreement under this Act.]  

103.  Special  provisions  with  regard  to  agreements  with  crew  of  Indian  ships.―(1)  The 
following provisions shall have effect with respect to every agreement made in India with the crew of 
an Indian ship, namely:― 

(a) the agreement shall, subject to the provision of this Act as to substitute, be signed by each 

seaman in the presence of a shipping master; 

(b)  the  shipping  master  shall  cause  the  agreement  to  be  read  over  and  explained  to  each 
seaman,  in  a  language  understood  by  him  or  shall  otherwise  ascertain  that  each  seaman 
understands the same before he signs it, and shall attest each signature; 

(c) when the crew is first engaged, the agreement shall be signed in duplicate, and one part 
shall be retained by the shipping master, and the other part shall be delivered to the master, and 
shall contain a special place or form for the descriptions and signatures of substitutes or persons 
engaged subsequently to the first departure of the ship; 

(d) when a substitute is engaged in the place of a seaman who has duly signed the agreement 
and  whose  services  are  within  twenty-four  hours  of  the  ship's  putting  to  sea  lost  by  death, 
desertion  or  other  unforeseen  cause,  the  engagement  shall,  if  practicable,  be  made  before  a 
shipping master, and if not practicable, the master shall, before the ship puts to sea, if practicable, 
and, if not, as soon afterwards as possible, cause the agreement to be read over and explained to 
the substitute; and the substitute shall thereupon sign the same in the presence of a witness, who 
shall attest the signature. 

(2) In the case of an agreement  made in  India with the  crew of a foreign-going  Indian ship the 
following  provisions  shall  have  effect  in  addition  to  the  provisions  specified  in  sub-section  (1), 
namely:— 

(a) the agreement may be made for a voyage of the ship or, if the voyages of the ship average 
less  than  six  months  in  duration,  may  be  made  to  extend  over  two  or  more  voyages,  and 
agreements so made are in this Act referred to as running agreements; 

(b)  a  running  agreement  may  be  made  to  extend  over  two  or  more  voyages  so  that  it  shall 
terminate either within six months from the date on which it was executed, or on the first arrival 

1. Subs. by Act 41 of 1984, s.  5, for section 102 (w.e.f. 15-7-1985). 

59 

 
                                                      
of the ship at her port of destination in India after the expiration of that period, or on the discharge 
of cargo consequent upon such arrival, whichever of these dates shall be the latest: 

Provided  that  no  such  running  agreement  shall  continue  in  force,  if,  after  the  expiration  of 
such period of six months as aforesaid, the ship proceeds on a voyage from a port outside India to 
any other such port which is not on the direct route or a customary route to her port of destination 
in India; 

(c) on every return to a port in India before the final termination of a running agreement, the 
master shall discharge or engage before the shipping master at such port any seaman whom he is 
required  by  law  so  to  discharge  or  engage,  and  shall  upon  every  such  return  endorse  on  the 
agreement a statement (as the case may be) either that no such discharges or engagements have 
been made or are intended to be made before the ship leaves port, or that all those made have been 
made as required by law; 

(d) the master shall deliver the running agreement so endorsed to the shipping master, and the 
shipping  master  shall,  if  the  provisions  of  this  Act  relating  to  agreements  have  been  complied 
with, sign the endorsement and return the agreement to the master. 

(3) In the case of an agreement made in India with the crew of a home-trade Indian ship of two 
hundred tons gross or more, the following provisions shall have effect in addition to the provisions 
specified in sub-section (1), namely:— 

(a) the agreement shall not be for a period longer than six months, but if the period for which 
the agreement was entered into expires while the ship is not in an Indian port, the agreement shall 
continue in force until the ship is again in an Indian port: 

Provided  that,  except  with  the  consent  in  writing  of  the  seaman  concerned,  the  agreement 
shall not continue in force for more than three months after the expiration of the period for which 
it was entered into; 

(b) an agreement for service in two or more ships belonging to the same owner may be made 
by the owner instead of by the master, and the provisions of this Act with respect to the making of 
the agreement shall apply accordingly. 

104.  Renewal  of  running  agreements  in  certain  cases.―(1)  When  a  running  agreement  has 
been  made  with  a  crew  of  a foreign-going  Indian  ship  and  the ship  arrives  after  the  expiration  of  a 
period of six months from the date on which it was executed at a port of destination in India which is 
not  the  port  at  which  the  crew  have  agreed  to  be  discharged,  the  master  may,  with  the  previous 
sanction  of  the  shipping  master  renew  the  agreement  with  the  crew,  or  may  be  required  by  the 
shipping master so to renew the agreement for the voyage from such port of destination to the port in 
India at which the crew have agreed to be discharged. 

(2) If the master of the ship is required by the shipping master to renew the agreement as aforesaid 
and  refuses  so  to  renew  it,  any  expenses  which  may  be  incurred  by  the  Government  for  the 
subsistence of the crew and their conveyance to the port at which they have agreed to be discharged 
shall be a charge upon the ship, and shall be recoverable as if they were expenses incurred in respect 
of distressed seamen under the provisions of this Act. 

105. Changes in crew to be reported.―1[(1)] The master of every foreign-going Indian ship and 
of  every  home-trade  Indian  ship  of  two  hundred  tons  gross  or  more,  the  crew  of  which  has  been 
engaged  before  a  shipping  master, shall, before  finally  leaving  the  port  where the  engagement  took 
place,  sign  and  send  to  the  nearest  shipping  master  a  full  and  accurate  statement  in  the  prescribed 
form,  of  every  change  which  has taken  place  in his crew,  and that  statement  shall be  admissible  in 
evidence. 

1. Section 105 renumbered as sub-section (1) thereof by Act 41 of 1984, s.  6 (w.e.f. 15-7-1985).   

60 

 
                                                      
1[(2)  A  copy  of  the  statement  referred  to  in  sub-section  (1)  shall  also  be  sent  to  the  seaman's 

employment office concerned.]  

106. Certificate as to agreement with crew.―(1) In the case of a foreign-going Indian ship or a 
home-trade Indian ship of two hundred tons gross or more, on the due execution of an agreement with 
the crew in accordance with this act, and also when, in the case of a foreign-going  Indian ship, the 
agreement  is  a  running  agreement,  on  compliance  by  the  master  before  the  second  and  every 
subsequent voyage  made after the first commencement of the agreement with the provisions of this 
Act respecting that agreement, the shipping master shall grant the master of the ship a certificate to 
that effect. 

(2) The master of every such ship shall, before proceeding to sea, produce that certificate to the 

customs collector whose duty it is to grant a port clearance. 

(3)  No  customs  collector  shall  clear  any  such  ship  outwards  without  the  production  of  such 
certificate, and, if any such ship attempts to go to sea without a clearance, the customs collector may 
detain her until such certificate as aforesaid is produced. 

(4) The master of every such ship shall, within forty-eight hours after the ship's arrival at the port 
in India at which the crew is to be discharged, deliver such agreement to a shipping master at the port; 
and  such  shipping  master  shall  thereupon  give  to  the  master  a  certificate  of  such  delivery;  and  no 
customs collector shall clear any such inwards without the production of such certificate. 

107.  Copy  of  agreement  to  be  made  accessible  to  the  crew.―The  master  shall,  at  the 
commencement  of  every  voyage  or  engagement,  cause  a  legible  copy  of  the  agreement  and,  if 
necessary,  a  certified  translation  thereof  in  a  language  understood  by  the  majority  of  the  crew 
(omitting the signatures), to be placed or posted up in such part of the ship as to be accessible to the 
crew. 

 108. Alteration in agreement with the crew.―Every erasure, interlineation or alteration in any 
agreement  with  the  crew  (except  additions  made  for  the  purpose  of  shipping  substitutes  or  persons 
engaged subsequently to the first departure of the ship) shall be wholly inoperative, 2[unless proved to 
have  been  made  with  the  consent  of  all  the  persons,  interested  in  the  erasure,  interlineation  or 
alteration by the written attestation,― 

(a) if in India, of some shipping master or customs collector; or 

(b)  if  outside  India,  by  an  Indian  consular  officer  or  at  any  port  outside  India  at  which  no 
Indian consular officer is available any such person as is authorised in this behalf by the Central 
Government by notification in the Official Gazette]. 

3[109. Prohibition of engagement of underage persons in certain cases.―(1) No person under 

the age of sixteen years shall be engaged or carried to sea to work in any capacity in any ship. 

Employment of young persons 

(2) (a) No young person shall be engaged in night work. 

(b) The period of night work shall be such, as may be prescribed: 

Provided that the Director-General of Shipping,― 

(i) for giving effective training; or 

(ii) for performing a specific nature of duty, 

1.  Ins.  Act 41 of 1984, by s. 6 (w.e.f. 15-7-1985). 
2. Subs. by s. 7, ibid., for certain words  (w.e.f. 15-7-1985). 
3. Subs. by Act 32 of 2014, s. 9, for section 109 (w.e.f. 1-4-2015). 

61 

 
                                                      
at  night,  may,  by  order  permit  engagement  of  any  young  person  in  night  work  which  shall  not  be 
detrimental to the health or well being of such young person.] 

110. [Engagement of young persons as trimmers or stokers.] Omitted by the Merchant Shipping 

(Second Amendment) Act, 2014 (32 of 2014), s. 10 (w.e.f. 1-4-2015). 

 111.  Medical  examination  of  young  persons.―(1)  Save  as  otherwise  provided 
sub-section  (2),  no  young  person  shall  be  engaged  or  carried  to sea to  work  in any  capacity  in  any 
ship, unless there has been delivered to the master a certificate granted by a prescribed authority that 
the young person is physically fit to be employed in that capacity. 

in                       

(2) Sub-section (1) shall not apply,— 

(a)  to  the  employment  of  a  young  person  in  a  ship  in  which  all  persons  employed  are 

members of one family; or 

(b) where the shipping master, on the ground of urgency, has authorised a young person to be 
engaged and carried to sea, without the certificate required by sub-section (1) being delivered to 
the master, and the young person is not employed beyond the first port at which the ship in which 
he is so engaged calls except in accordance with the provisions of sub-section (1). 

(3) A certificate of physical fitness required under this section shall remain in force for one year 

only from the date on which it is granted. 

112. Maintenance of list or register of young persons in a ship.―There shall be included in 
every  agreement  with  the  crew  of  every  Indian  ship  and  every  other  ship  which  engages  young 
persons in India, a list of young persons who are members of the crew, together with particulars of the 
dates of their birth, and, in the case of any such ship where there is no agreement, the master shall 
keep a register of young persons with particulars of the dates of their birth and of the dates on which 
they became or ceased to be members of the crew. 

1[113.  Power  to  make  rules  respecting  employment  of  young  persons.―The  Central 

Government may make rules for the purposes of employment of young persons, prescribing― 

(a) the authorities, whose certificates of physical fitness shall be accepted for the purposes of 

section 111; 

(b)  the  form  of  register  of  young  persons  to  be  maintained  in  ships  where  there  is  no 

agreement with the crew.] 

Engagement of seamen by masters of ships other than Indian ships  

114. Engagements between seamen and masters of ships other than Indian ships.―(1) When 
the master of a ship other than an Indian ship engages a seaman at any port in India to proceed to any 
port  outside  India,  he  shall  enter  into  an  agreement  with  such  seaman,  and  the  agreement  shall  be 
made before a shipping master in the manner provided by this Act for the making of agreements in the 
case of foreign going Indian ships. 

(2) All the provisions, of this Act respecting the form of such agreements and the stipulations to 
be contained in them and the making and signing of the same shall be applicable to the engagement of 
such seaman. 

(3) The master of a ship other than an Indian ship shall give to the shipping master a bond with 
the security of some approved person resident in India for such amount as may be fixed by the Central 
Government in respect of each seaman engaged by him at any port in India and conditioned for the 
due  performance  of  such  agreement  and  stipulations,  and  for  the  repayment  to  the  Central 

1. Subs. by Act 32 of 2014, s. 11, for section 113 (w.e.f. 1-4-2015). 

62 

 
 
                                                      
Government  of  all  expenses  which  may  be  incurred  by  it  in  respect  of  any  such  seaman  who  is 
discharged  or left  behind  at  any  port  out  of  India  and  becomes  distressed  and  is  relieved  under  the 
provisions of this Act: 

Provided that the shipping master may waive the execution of a bond under this section where the 
owner of the ship has an agent at any port in India and such agent accepts liability in respect of all 
matters  for  which  the  master  of  the  ship  would  be  liable  if  he  were  to  execute  a  bond  under  this 
section or may accept from the agent such security as may be approved by the Central Government. 

(4)  The  fees  fixed  under  section  90  shall  be  payable  in  respect  of  every  such  engagement,  and 
deductions  from  the  wages  of  seamen  so  engaged  may  be  made  to  the  extent  and  in  the  manner 
allowed under the said section 90. 

115. Power to  prohibit engagement of  persons  as seamen.―The  Central  Government  or  any 
officer  authorised  by  it  in  this  behalf,  if  satisfied  that  in  the  national  interest  or  in  the  interests  of 
seamen  generally  it  is  necessary  so  to  do,  may,  by  order  in  writing,  prohibit  the  owner,  master  or 
agent  of  any  ship  other than  an  Indian  ship specified  in the  order  from  engaging  in  India  or in any 
specified part of India, any person to serve as a seaman on such ship. 

116. Engagement of seamen outside India for Indian ships.―With respect to the engagement 

of seamen outside India, the following provisions shall have effect:— 

When the master of an Indian ship engages a seaman at any port outside India, the provisions of 
this  Act  respecting  agreements  with  the  crew  made  in  India  shall  apply  subject  to  the  following 
modifications:— 

(a) at  any  such  port  having  an  Indian  consular officer,  the  master shall,  before carrying  the 
seaman to sea, procure the sanction of the consular officer, and shall, if not contrary to any law in 
force in that port, engage the seaman before that officer; 

(b)  the  master  shall  request  the  Indian  consular  officer  to  endorse  upon  the  agreement  an 
attestation to the effect that it has been signed in his presence and otherwise, made as required by 
this Act, and that it has his sanction, and if the attestation is not made, the burden of proving that 
the engagement was made as required by this Act shall lie up on the master. 

117.  Power  to  board  ships  and  master  seamen.―For  the  purpose  of  preventing  seamen 
from being taken on board any ship at any port in India contrary to the provisions of this Act, 
any shipping master or deputy or assistant shipping master or any director, deputy director or 
assistant  director  of  the  seamen's  employment  office,  may  enter  at  any  time  on  hoard  any 
such  ship  upon  which  he  has  reason  to  believe  that  seamen  have  been  shipped,  and  may 
muster and examine the several seamen employed therein. 

Discharge of seamen 

118. Discharge before shipping master.―(1) When a seaman serving in a foreign-going ship is, 
on the termination of his engagement, discharged in India, he shall, whether, the agreement with the 
crew be an agreement for the voyage or running agreement, be discharged in the manner provided by 
this Act in the presence of a shipping master. 

(2) The provisions of sub-section (1) shall apply inflation to the discharge, of seamen serving in a 
home-trade Indian ship of two hundred tons gross or more as they apply in relation to the discharge of 
seamen serving in a foreign-going ship: 

Provided that this sub-section shall not apply where a seaman is discharged from a Ship under an 
agreement made in accordance with section 103 for service in two or more ships, for the purpose of 
being engaged in another ship to which the agreement relates. 

63 

 
(3)  If  the  master,  owner  or  agent  of  a  home-trade  ship,  other  than  a  ship  to  which  the  last 
preceding  sub-section  applies,  so  desires,  the  seamen  of  that  ship  may  be  discharged  in  the  same 
manner as seamen discharged from a foreign-going ship. 

119. Certificate of discharge.―(1) The master shall sign and give to a sea man discharged from 
his ship in India, either on his discharge or on payment of his wages, a certificate of his discharge in 
the prescribed form specifying the period of his service and the time and place of his discharge. 

(2)  The  master  shall  also,  upon  the  discharge  of  every  certificated  officer  whose  certificate  of 

competency has been delivered to and retained by him, return the certificate to the officer. 

120. Certificate as to work of seamen.―(1) When a seaman is discharged from a ship in India, 
the  master  shall  furnish  to  the  shipping  master  before  whom  the  discharge  is  made  a  report  in  the 
prescribed form stating — 

(a) the quality of the work of the seaman; or 

(b) whether the seaman has fulfilled his obligations under the agreement with the crew; or  

(c) that he declines to express an opinion on those particulars; 

and the  shipping  master shall,  if the  seaman  so desires,  give  to  him  or  endorse on  his certificate of 
discharge a copy of such report. 

(2) A seaman who is entitled to a certificate of discharge under section 119 may, if he so desires, 
be granted by the master, in lieu of the certificate referred to in sub-section (1) of the said section or 
the report referred to in sub-section (1) of this section, a continuous discharge certificate specifying 
the period of his service together with an endorsement stating — 

(a) the quality of the work of the seaman; or 

(b) whether the 'seaman has fulfilled his obligations under the agreement with the crew; or 

(c) that he declines to express an opinion on those particulars; 

and  the  shipping  master  shall  thereupon  sign  and  give  such  continuous  discharge  certificate 
notwithstanding anything to the contrary contained in sub-section (1). 

(3)  If  the  master  states  that  he  declines  to  express  an  opinion  on  the  particulars  mentioned  in 
clauses  (a)  and  (b)  of  sub-section  (1)  or  sub-section  (2),  he  shall  enter  in  the  official  log  book  his 
reasons for so declining. 

121. Discharge and leaving behind of seamen by masters of Indian ships.―(1) The master of 

an Indian ship shall not— 

(a) discharge a seaman before the expiration of the period for which he was engaged, unless 

the seaman consents to his discharge; or 

(b) except in circumstances beyond his control, leave a seaman or apprentice behind; 

without the authority of the officer specified in this behalf by the Central Government and the officer 
aforesaid shall certify on the agreement with the crew that he has granted such authority, and also the 
reason, for the seaman being discharged or the seaman or apprentice being left behind. 

(2) The  officer  aforesaid  to  whom  application  is  made  for  authority  in  terms  of  sub-section (1) 
shall investigate the grounds on which the seaman is to be discharged or the seaman or apprentice left 
behind and may in his discretion grant or refuse to grant such authority: 

Provided  that  he  shall  not  refuse  to  grant  his  authority  if  he  is  satisfied  that  the  seaman  has 

without reasonable cause— 

(a) failed or refused to join his ship or to proceed to sea therein; or 

(b)  been  absent  from  his  ship  without  leave,  either  at  the  commencement  or  during  the 

progress of a voyage for a period of more than forty-eight hours. 

64 

 
(3) The officer aforesaid shall keep a record of all seamen or apprentices discharged or left behind 
with  his  authority;  and  whenever  any  charge  is  made  against  a  seaman  or  apprentice  under  section 
191,  the  fact  that  no  such  authority  is  so  recorded  shall  be  prima  facie  evidence  that  it  was  not 
granted. 

122.  Wages  and  other  property  of  seaman  or  apprentice  left  behind.―(1)  If  a  seaman  or 
apprentice is left behind, the master shall enter in the official logbook a statement of the amount due 
to the seaman or apprentice in respect of wages at the time when he was left behind and of all property 
left on board by him, and shall take such property into his charge. 

(2) Within forty-eight hours after the arrival of the ship at the port in India at which the voyage 

terminates, the master shall deliver to the shipping master — 

(a) a statement of the amount due to the seaman or apprentice in respect of wages, and of all 

property left on board by him; and 

(b) a statement, with full particulars, of any expenses that may have been caused to the master 
or owner of the ship by the absence of the seaman or apprentice, where the absence is due to a 
contravention by the seaman or apprentice of section 191; and, if required by the shipping master 
to do so shall furnish such vouchers as are reasonably required to verify the statements. 

(3) The master shall at the time when he delivers the statements referred to in sub-section (2) to 
the  shipping  master  also  deliver  to  him  the  amount  due  to  the  seaman  or  apprentice  in  respect  of 
wages and the property that was left on board by him, and the shipping master shall give to the master 
a receipt therefor in the prescribed form. 

(4)  The  master  shall  be  entitled  to  be  reimbursed  out  of  the  wages  or  property  referred  to  in  

clause  (a)  of  sub-section  (2)  such  expenses  shown  in  the  statement  referred  to  in  clause  (b)  of  that                    
sub-section as appear to the shipping master to be properly chargeable. 

123. Repatriation of seamen or termination of service at foreign port.―(1) When the service 
of a seaman or apprentice terminates without the consent of the said seaman or apprentice at a port 
outside  India,  and  before  the  expiration  of  the  period  for  which  the  seaman  was  engaged  or  the 
apprentice  was  bound,  the  master  or  owner  of  the  ship  shall,  in  addition  to  any  other  relative 
obligation imposed on either of them by this Act, make adequate provision for the maintenance of the 
seaman or apprentice according to his rank or rating, and for the return of that seaman or apprentice to 
a proper return port. 

(2)  If  the  master  or  owner  fails  without  reasonable  cause  to  comply  with  sub-section  (1),  the 
expenses of maintenance and of the journey to the proper return port shall, if defrayed by the seaman 
or apprentice, be recoverable as wages due to him, and if defrayed by an Indian consular officer, be 
regarded as expenses falling within the provisions of sub-sections (3) and (4) of section 161. 

Explanation.—Inability  to  provide  the  said  expenses  shall  not,  for  the  purposes  of  this                    

sub-section, be regarded as reasonable cause. 

124.  Discharge  of  seamen  on  change  of  ownership.―(1)  If  an  Indian  ship  is  transferred  or 
disposed  of  while  she  is  at  or  on  a  voyage  to  any  port  outside  India,  every  seaman  or  apprentice 
belonging to that ship shall be discharged at that port, unless he consents in writing in the presence of 
the Indian consular officer to complete the voyage in the ship if continued. 

(2) If a seaman or apprentice is discharged from an  Indian ship in terms of sub-section (1), the 
provisions  of  section  123  shall  apply  as  if  the  service  of  the  seaman  or  apprentice  had  terminated 
without his consent and before the expiration of the period for which the seaman was engaged or the 
apprentice was bound. 

(3)  Every  seaman  or  apprentice  discharged  in  terms  of  sub-section  (1)  shall,  if  the  voyage  for 
which he was engaged is not continued, be entitled to the wages to which he would have been entitled 
if  his  Service  has  been  wrongfully  terminated  by  the  owner  before  the  expiration  of  the  period  for 
which the seaman was engaged or the apprentice was bound. 

65 

 
Payment of wages 

125. Master to deliver account of wages.―(1) The master of every ship shall, before paying off 
or discharging a seaman under this Act deliver at the time and in the manner provided by this Act a 
full and true account in the form prescribed of the seaman's wages and of nil deductions to be made 
therefrom on any account whatever. 

(2) The said account shall be delivered, either to the seaman himself, at or before the time of his 
leaving  the  ship,  or  to  the  shipping  master  not  less  than  twenty-four  hours  before  the  discharge  or 
payment off. 

126. Disrating of seamen.―(1) Where the master of a ship disrates a seaman, he shall forthwith 
enter  of  cause  to  be  entered  in  the  official  log  book,  a  statement  of  the  disrating,  and  furnish  the 
seaman  with a  copy  of the  entry;  and  any  reduction of  wages  consequent on  the  disrating  shall  not 
take effect until the entry has been so made and the copy so furnished. 

(2)  Any  reduction  of  wage's  consequent  on  the  disrating  of  a  seaman  shall  be  deemed  to  be  a 

deduction from wages within the meaning of sections 125 and 127. 

127. Deductions from wages of seamen.―(1) A deduction from the wages of a seaman shall not 
be allowed unless it is included in the account delivered in pursuance of this Act except in respect of a 
matter happening after such delivery. 

(2)  The  master  shall  during  the  voyage  enter  the  various  matters  in  respect  of  which  the 
deductions are made, with the amount of the respective deductions as they occur, in a book to be kept 
for that purpose, and shall, if required, produce the book at the time of the payment of wages and also 
upon  the  hearing  before  any  competent  authority  of  any  complaint  or  question  relating  to  that 
payment. 

128.  Payment  of  wages  before  shipping  master.―(1)  Where  a  seaman  is  discharged  in  India 
before  a  shipping  master,  the  shall  receive  his  wages  through,  or  in  the  presence  of,  the  shipping 
master unless a competent Court otherwise directs. 

(2) If the master or owner of a home-trade ship of less than two hundred tons gross so desires the 
seamen of that ship may receive their wages in the same manner as seamen discharged from a foreign-
going ship, or from a home-trade ship of two hundred tons gross or more. 

129.  Time  of  payment  of  wages.―(1)  The  master,  owner  or  agent  of  every  ship  shall  pay  to 
every  seaman  his  wages  within  four  days  after  the  seaman's  discharge,  and  the  seaman  shall  at  the 
time of his discharge be entitled to be paid on account a sum equal to one-fourth part of the balance 
due to him. 

(2) If a master, owner or agent fails without reasonable cause to make payment at that time, he 
shall  pay  to the seaman  such  sum  not  exceeding  the amount  of  two  day‟s  pay  for  each  of  the  days 
commencing from the day of discharge, during which payment is delayed as the shipping master may 
in each case decide, but the sum so payable shall not exceed ten days' double pay. 

(3) Any sum payable under this section may be recovered as wages. 

130. Settlement of wages.―(1) Where a seaman is discharged and the settlement of his wages 
completed before a shipping master, the seaman, shall sign in the presence of the shipping master a 
release  in  the  form,  prescribed  of  all  claims  in  respect  of  the  past  voyage  or  engagement,  and  the 
release  shall  also  be  signed  by  the  master,  owner  or  agent  of  the  ship  and  attested  by  the  shipping 
master. 

(2) The release so signed and attested shall be retained by the shipping master and shall operate as 
a  mutual  discharge  and  settlement  of  all  demands  between  the parties  thereto in  respect  of  the  past 
voyage  or  engagement  but  shall  not  debar  a  claim,  to  compensation  for  personal  injury  caused  by 
accident arising out of and in the course of employment. 

66 

 
(3) A copy of the release, certified under the hand of the shipping master to be a true copy, shall 
be given by him to any party thereto requiring the same and such copy shall be receivable in evidence 
upon  any  question  touching  such  claims,  and  shall  have  all  the  effect  of  the  original  of  which  it 
purports to be a copy. 

(4)  No  payment,  receipt  or  settlement  of  the  wages  of  a  seaman  made  otherwise  than  in 
accordance with this Act shall operate or be admitted as evidence of the release or satisfaction of any 
claim in respect of such wages. 

(5)  Upon  any  payment  being  made  by  a  master  before  a  shipping  master,  the  shipping  master 
shall,  if  required,  sign  and  give  to  the  master  a  statement  of  the  whole  amount  so  paid,  and  the 
statement shall as between the master and his employer, be admissible as evidence that the master has 
made the payments therein mentioned. 

(6) Notwithstanding anything contained in the preceding sub-sections a seaman may except from 
the release signed by him any specified claim or demand against the master or owner of the ship, and 
a note of any claim or demand so excepted shall be entered upon the release; and the release shall not 
operate as a discharge and settlement of any claim or demand so noted, nor shall sub-section (4) apply 
to any payment, receipt or settlement made with respect to any such claim or demand. 

1[130A.  Certain  undisbursed  amounts  to  be  utilised  for  welfare  of  seamen.―Subject  to  the 
provisions  of  section  160  and  to  such  restriction  and  conditions  as  may  be  prescribed  any  amount 
deposited  with  or  recovered  by  the  shipping  master  for  making  payment  in  accordance  with  the 
allotment note made by a seaman or for being paid to a seaman 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 seamen in such manner as the Central Government may direct.]  

131.  Master to  give facilities  to  seaman for  remitting wages.―Where  a seaman  expresses  to 
the master of the ship his desire to have facilities afforded to him for remitting any part of the balance 
of the wages due to him to a savings bank or to a near relative, the master shall give to the seaman all 
reasonable facilities for so doing so far as regards so much of the balance as is within the limits, if 
any, specified in this behalf by the Central Government, but shall be under no obligation to give those 
facilities  while  the  ship  is  in  port  if  the  sum  will  become  payable  before  the  ship  leaves  port  or 
otherwise than conditionally on the seaman going to sea in the ship. 

 132.  Decision  of  questions  by  shipping  masters.―(1)  Where  under  the  agreement  with  the 
crew any dispute arises at any port in India between the master, owner or agent of a ship and any of 
the crew of the ship, it shall be submitted to the shipping master,― 

2[(a)  where  the  amount  in  dispute  is  up  to  five  lakh  rupees  or  such  higher  amount  not 
exceeding  ten  lakh  rupees,  as  the  Central  Government  may,  by  notification,  specify,  at  the 
instance of either party to the dispute;] 

(b) in any other case, if both parties to the dispute agree in writing to submit the dispute to the 

shipping master. 
3[(1A)  Any  complaint  of  dispute  received  by  the  shipping  master  from  an  Indian  seaman,  on  a 
vessel registered in a country other than India, in Indian territorial waters, with the master, owner or 
agent.] 

(2) The shipping master shall hear and decide the dispute so submitted and an award made by him 
upon the submission shall be conclusive as to the rights of the parties, and any document purporting to 
be such submission or award shall be prima facie evidence thereof. 

1. Ins. by Act 41 of 1984, s. 8 (w.e.f.15-7-1985). 

2. Subs. by Act 32 of 2014, s. 12, for clause (a) (w.e.f. 1-4-2015). 

3. Ins. by Act 9 of 1998, s. 3 (w.e.f. 26-9-1997). 

67 

 
                                                      
(3)  An  award  made  by  a  shipping  master  under  this  section  may  be  enforced  by  1[a  Judicial 
Magistrate of the first class or a Metropolitan Magistrate, as the case may be,] in the same manner as 
an order for the payment of wages made by such Magistrate under this Act. 

(4) Nothing in the Arbitration Act, 1940 (10 of 1940), shall apply to any  matter submitted to a 

shipping master for decision under this section. 

 133. Power of shipping master to require production of ship's papers.―In any proceedings 
under this Act before a shipping master relating to the wages, claims or discharge of a seaman, the 
shipping master may require the owner, master or agent or any mate or other member of the crew to 
produce any logbooks, papers, or other documents in his possession or power relating to any matter in 
question  in  the  proceedings,  and  may  require  the  attendance  of  and  examine  any  of  those  persons 
being then at or near the place on the matter. 

134. Rule as to payment to seamen in foreign currency.―Where a seaman or apprentice has 
agreed with the master of a ship for payment of his wages in Indian or other currency, any payment 
of, or on account of, his wages, if made in any currency other than that stated in the agreement, shall, 
notwithstanding anything in the agreement, be made at the rate of exchange for the time being current 
at the place where the payment is made. 

Advance and allotment of wages 

135.  Advance  of  wages.―(1)  Any  agreement  with  the  crew  may  contain  a  stipulation  for 
payment  to  a  seaman,  conditional  on  his  going  to  sea  in  pursuance  of  the  agreement  of  a  sum  not 
exceeding the amount of one month's wages payable to the seaman under the agreement. 

(2) Save as aforesaid, an agreement by or on behalf of the employer of a seaman for the payment 
of money to or on behalf of the seaman, conditional on his going to sea from any port in India shall be 
void, and no money paid in satisfaction or in respect of any such agreement shall be deducted from 
the seaman‟s wages, and no person shall have any right of action, suit or set-off against the seaman or 
his assignee in respect of any money so paid or purporting to have been so paid. 

(3) No seaman, who has been lawfully engaged and has received under his agreement an advance 
payment, wilfully or through misconduct shall fail to attend his ship or desert there from before the 
payment becomes really due to him. 

(4) Where it is shown to the satisfaction of a shipping master that a seaman lawfully engaged has 
willfully or through misconduct failed to attend his ship, the shipping master shall report the matter to 
the Director-General who may direct that any of the seaman's certificates of discharge referred to in 
sections  119  and  120  shall  be  withheld  for  such  period  as  he  may  think  fit;  and  while  a  seaman's 
certificate of discharge is so withheld, the Director-General or any other person having the custody of 
the necessary documents may, notwithstanding anything in this Act, refuse to furnish copies of any 
such certificate or certified extracts therefrom. 

136. Allotment notes respecting seaman's wages.―(1) A seaman may require that a stipulation 
be  inserted  in  the  agreement  for  the  allotment,  by  means  of  an  allotment  note,  of  any  part  (not 
exceeding three-fourths) of the amount of the monthly wages payable  to him in favour of any such 
member  of  his  family  or  any  such  relative  or  for  any  such  purpose  approved  in  this  behalf  by  the 
Central Government by general or special order, as may be specified in the note. 

(2)  Every  shipping  master  or  other  officer  before  whom  the  seaman  is  engaged  shall,  after  the 
seaman has signed the agreement, inquire from the seaman whether he requires such a stipulation for 
the allotment of his wages by means of an allotment note. 

(3)  Whenever  a  seaman  requires  such  a  stipulation,  the  stipulation  shall  be  inserted  in  the 

agreement of the crew, and such stipulation shall be deemed to have been agreed to by the master. 

1. Subs. by Act 12 of 1983, s. 17 and Sch., for “a magistrate” (w.e.f.18-5-1983). 

68 

 
                                                      
(4) An allotment note shall be in the prescribed form and shall be signed by the owner, master or 

agent of the ship and by the seaman. 

137. Commencement and payment of sums allotted.―(1) A payment under an allotment note 
shall begin at the expiry of  1[one month from the date on which the seaman's right to wages begins] 
and shall be made at the expiration of every subsequent month after the first month and shall be made 
only in respect of the wages earned before the date of payment. 

(2) The owner, master or agent who has authorised the drawing of an allotment note shall pay to 
the shipping  master on  demand  the  sums  due  under the  note,  and,  if  he fails  to  do  so, the  shipping 
master may sue for and recover the same with costs: 

Provided that no such sum shall be recoverable if it is shown to the satisfaction of the Court trying 
the case that the seaman has forfeited or ceased to be entitled to the wages out of which the allotment 
was  to  have  been  paid  but  the  seaman  shall  be  presumed  to  be  duly  earning  his  wages  unless  the 
contrary is shown to the satisfaction of the Court either by the official statement of the change in the 
crew caused by his absence made and signed by the master as by this Act is required or by a certified 
copy  of  some  entry  in  the  official  logbook  to  the  effect  that  he  has  died  or  left  the  ship,  or  by  a 
credible letter from the master of the ship to the same effect, or by such other evidence of whatever 
description, as the Court may consider sufficient. 

(3) The  shipping  master  on  receiving  any  such  sum  as  aforesaid  shall  pay  it  over  to the  person 

named in that behalf in the allotment note. 

(4) All such receipts and payments shall be entered in a book to be kept for the purpose, and all 

entries in the said book shall be authenticated by the signature of the shipping master. 

(5) The said book shall at all reasonable times be open to the inspection of the parties concerned. 

Rights of seamen in respect of wages 

138. Right to wages and provisions.―A seaman's right to wages and provisions shall be taken to 
being either at the time at which he commences work or at the time specified in the agreement for his 
commencement of work or presence on board, whichever first happens. 

2[138A. Working hours of seamen.―The ordinary hours of work for all seamen shall not exceed 

forty-eight hours in a week.] 

 139. Right to recover wages and salvage not to be forfeited.―(1) A seaman shall not by any 
agreement forfeit his lien on the ship or be deprived of any remedy for the recovery of his wages to 
which, in the absence of the agreement, he would be entitled, and shall not by any agreement abandon 
his right to wages in case of loss of the ship or abandon any right that he may have or obtain in the 
nature of salvage, and every stipulation in any agreement inconsistent with any provisions of this Act 
shall be void. 

(2) Nothing in this section shall apply to a stipulation made by the seamen belonging to any ship 
which according to the terms of the agreement is to be employed on salvage service with respect to 
the remuneration to be paid to them for salvage service to be rendered by that ship to any other ship. 

140. Wages not to depend on freight.―(1) The right to wages shall not depend on the earning of 
freight, and every seaman and apprentice who would be entitled to demand and recover any wages if 
the  ship  in  which  he  has  served  had  earned  freight,  shall,  subject  to  all  other  rules  of  law  and 
conditions  applicable  to  the  case,  be  entitled  to  demand  and  recover  the  same  notwithstanding  that 
freight has not been earned, but in all cases of wreck or loss of the ship, proof that the seaman has not 
exerted himself to the utmost to save the ship, cargo and stores shall bar his claim to wages. 

1. Subs. by Act 41 of 1984, s. 10, for “one month from the date of the agreement” (w.e.f. 15-7-1985). 

2. Ins. by Act 9 of 1998, s. 4 (w.e.f. 26-9-1997). 

69 

 
                                                      
(2) Where a seaman or apprentice who would but for death be entitled by virtue of this section to 
demand  and  recover  any  wages  dies  before  the  wages  are  paid,  they  shall  be  paid  and  applied  in 
manner provided by this Act with respect to the wages of a seaman who dies during a voyage. 

141.  Wages  on  termination  of  service  by  wreck,  illness,  etc.―(1)  Where  the  service  of  any 
seaman engaged under this Act terminates before the date contemplated in the agreement by reason of 
the wreck, loss or abandonment of the ship 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 seaman shall be entitled to receive― 

(a) in the case of wreck, loss or abandonment of the ship― 

(i) wages at the rate to which he was entitled at the date of termination of his service for 
the  period from  the  date  his  service  is  so terminated until  he  is  returned  to and arrives  at a 
proper return port; 

Provided that the period for which he shall be entitled to receive wages shall be not less 

than one month; and 

(ii) compensation for the loss of his effects― 

(a)  in  the  case  of  a  seaman  employed  on  a  home-trade  ship,  of  not  less  than  one 

month‟s wages; and 

(b) in the case of a seaman employed on a foreign-going ship, of not less than three 

month‟s wages; 

(b) in the case of unfitness or inability to proceed on the voyage, wages for the period from 

the date his service is terminated until he is returned to and arrives at a proper return port. 

(2)  A  seaman  shall  not  be  entitled  to  receive  wages  under  sub-clause  (i)  of  clause  (a)  of                  

sub-section (1) in respect of any period during which― 

(a) he was, or could have been, suitably employed; or 

(b) through negligence he failed to apply to the proper authority for relief as a distressed or 

destitute seaman.  

(3)  Any  amount  payable  by  way  of  compensation  under  sub-clause  (ii)  of  clause  (a)  of  sub-
section (1) shall be deposited with the shipping master at the port of engagement in India for payment 
to the seaman, or, in the case of a deceased seaman,1[to the person nominated by him in this behalf 
under section 159A or if he has not made any such nomination or the nomination made by him is or 
has become void, to his legal heirs.] 

 142.  Wages  not  to  accrue  during  absence  without 

leave,  refusal  to  work  or 

imprisonment.―(1) A seaman or apprentice shall not be entitled to wages — 

(a) for any period during which he is absent without leave from his ship or from his duty; or 

(b) for any period during which he unlawfully refuses or neglects to work when required; or 

(c)  unless  the  court  hearing  the  case  otherwise  directs,  for  any  period  during  which  he  is 

lawfully imprisoned. 

(2) A seaman or apprentice 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, unless it be proved that— 

(a)  his  illness,  hurt  or  injury  was  caused  by  his  own  willful  act  or  default  or  his  own                   

misbehavior; or 

1. Subs. by Act 41of 1984, s. 11, for “to his legal heirs” (w.e.f. 15-7-1985). 

70 

 
                                                      
 
(b) his illness was contracted or his hurt or injury was sustained at a proper return port and 

was not attributable to his employment; or 

(c) he has unreasonably refused to undergo medical or surgical treatment for his illness, hurt 

or injury involving no appreciable risk to his life. 

143.  Compensation  to  seamen  for  premature  discharge.―(1)  If  a  seaman  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, owner 
or agent, in addition to any wages 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: 

Provided that the compensation so payable shall not exceed — 

(a) in the case of a seaman who has been discharged before the commencement of a voyage, 

one month's wages; and 

(b) in the case of a seaman who has been discharged after the commencement of a voyage, 

three months' wages. 

(2) Any compensation payable under this section may be recovered as wages. 

144. Restriction on sale of and charge upon wages.―(1) As respects wages due or accruing to a 

seaman or apprentice— 

(a) they shall not be subject to attachment by order of any court; 

(b) an assignment thereof made prior to the accruing thereof shall not bind the person making 

the same; 

(c) a power of attorney or authority for the receipt thereof shall not be irrevocable; 

(d) a payment of wages to a seaman or apprentice shall be valid in law notwithstanding any 

previous assignment of those wages or any attachment thereof or encumbrance thereon. 

(2)  The  provisions  of  clauses  (b)  and  (c)  of  sub-section  (1)  shall  not  apply  to  so  much  of  the 
wages  of  a  seaman  as  have  been  or  are  hereafter  assigned  by  way  of  contribution  to  any  fund  or 
scheme  approved  in  this  behalf  by  the  Central  Government,  the  main  purpose  of  which  is  the 
provision for seamen of health or social insurance benefits and the provisions of clauses (a) and (d) of 
sub-section (1) shall not apply to anything done or to be done for giving effect to such an assignment. 

(3)  Nothing  in  this  section  shall  affect  the  provisions  of  this  Act  or  any  other  law  for  the  time 

being in force with respect to allotment notes. 

Mode of recovering wages 

145. Summary proceedings for wages.―(1) A seaman or apprentice or a person duly authorised 
on  his  behalf  may,  as  soon  as  any  wages  due  to  him  become  payable,  apply  to  1[any  Judicial 
Magistrate  of  the  first  class  or  any  Metropolitan  Magistrate,  as  the  case  may  be,]  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 2[such Magistrate] shall try the 
case in a summary way and the order made by 2[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. 

1. Subs. by Act 12 of 1983, s. 17 and Schedule, for “any magistrate” (w.e.f. 18-5-1983). 

2. Subs. by s. 17 and Schedule, ibid., for “the magistrate” (w.e.f. 18-5-1983). 

71 

 
                                                      
146. Restrictions on suits for wages.―A proceeding for the recovery of wages due to a seaman 
or  apprentice  shall  not  be  instituted  by  or  on  behalf  of  any  seaman  or  apprentice  in  any  civil  court 
except where― 

(a) the owner of the ship has been declared insolvent; 

(b) the ship is under arrest or sold by the authority of any Court; 
(c) 1[a Judicial Magistrate of the first class or a Metropolitan Magistrate as the case may be,] 

refers a claim to the Court. 

147. Wages not recoverable outside India in certain cases.―Where a seaman 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 on board. 

148. Remedies of master for wages, disbursements, etc.―(1) The master of a ship shall, so far 
as  the  case  permits,  have  the  same  rights,  liens  and  remedies  for  the  recovery  of  his  wages  as  a 
seaman has under this Act or by any law or custom. 

(2) The master of a ship and every person lawfully acting as a master of a ship by reason of the 
decease or incapacity from illness, of the master of the ship 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 ship as a master has for recovery of his wages. 

(3)  If  in  any  proceeding  in  any  court  touching  the  claim  of  a  master  in  respect  of  such  wages, 
disbursements or liabilities any set-off is claimed or any counter-claim is made, the court may enter 
into,  and  adjudicate  upon,  all  questions  and  settle  all  accounts  then  arising  or  outstanding  and 
unsettled between the parties to the proceeding and may direct payment of any balance found to be 
due. 

Power of courts to rescind contracts 

149.  Power  of  Court  to  rescind  contract  between  master,  owner  or  agent  and  seaman  or 
apprentice.―Where a proceeding is instituted in any court in relation to any dispute between master, 
owner or agent of a ship and a seaman or apprentice, arising out of or incidental to their relation as 
such, or instituted for the purpose of this section, the court, if having regard to all the circumstances of 
the case, it thinks it, just to do so, may rescind any contract between the master, owner or agent and 
the  seaman  or  apprentice,  upon  such  terms  as  the  court  may  think  just,  and  this  power  shall  be  in 
addition to any other jurisdiction which the court can exercise independently of this section. 

Disputes between seamen and employers 

150. Power to refer disputes between seamen and their employers to tribunals.―(1) Where 
the Central Government is of opinion that any dispute between seamen or any class of seamen or of 
any union of seamen and the owners of ships in which such seamen are employed or are likely to be 
employed  and  exists  or  is  apprehended  and  such  dispute  relates  to  any  matter  connected  with  or 
incidental  to  the  employment  of  the  seamen,  the  Central  Government  may,  by  notification  in  the 
Official Gazette, constitute a tribunal consisting of one or more persons, and refer the dispute to the 
tribunal for adjudication. 

(2) The tribunal so constituted shall 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), when 
trying a suit in respect of the following matters:— 

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

1. Subs. by Act 12 of 1983, s. 17 and the Schedule, for the words “a magistrate” (w.e.f. 19-5-1983). 

72 

 
                                                      
 
(b) compelling the production of documents; 

(c) issuing commissions for the examination of witnesses; 

(d) any other matter which may be prescribed, 

and any proceeding before the tribunal shall be deemed to be a judicial proceeding within the meaning 
of sections 193 and 228 of the Indian Penal Code (45 of 1860). 

(3)  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. 

(4) The tribunal shall dispose of the reference expeditiously and shall, as soon as practicable on 

the conclusion of the proceedings, submit its award to the Central Government. 

(5) 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  opinion  that it  will be  inexpedient  on  public 
grounds 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 
the modifications, as the case may be. 

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

(a) all parties to the dispute; 

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

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

(8) Any money due to a seaman from the owner of a ship under an award may be recovered as 

wages. 

(9) Nothing contained in the Industrial Disputes Act, 1947 (14 of 1947), shall apply to any dispute 
between seamen or any class of seamen or any union of seamen and the owners of ships in which such 
seamen are employed or are likely to be employed. 

151. Conditions of service, etc., to remain unchanged during pendency of proceedings before 

tribunal.―During the pendency of proceedings under section 150— 

(a) no seamen or class of seamen or union of seamen shall go or remain on strike or otherwise 
act in a manner prejudicial to the normal operation of the ships in which the seamen are employed 
or are likely to be employed; and 

(b) no owner of a ship shall— 

(i) alter to the prejudice of the seamen concerned in the dispute, the conditions of service 

applicable to them immediately before the commencement of such proceedings; or 

(ii) discharge or punish any seaman in respect of any matter connected with the dispute. 

Property of deceased seamen and apprentices 

152. Master to take charge of the effects of deceased seamen.—(1) If any seaman or apprentice 
engaged on any ship, the voyage of which is to terminate in India, dies during that voyage, the master 
of the ship shall report the death to the next-of-kin of the seaman or apprentice and to the shipping 
master  at  his  port  of  engagement  and  shall  take  charge  of  any  money  or  effects  belonging  to  the 
seaman or apprentice which are on board the ship. 

73 

 
(2) The master shall thereupon enter in the official log book the following particulars, namely:— 

(a) a statement of the amount of money and a detailed description of the other effects; 

(b) a statement of the sum due to the deceased for wages and of the amount of deduction, if 

any, to be made from the wages. 

(3) The said money, balance of wages and other effects are in this Act referred to as the property 

of the seaman or apprentice. 

153.  Dealing  with  and  account  of  property  of  seamen  who  die  during  voyage.―(1)  If  any 
seaman or apprentice engaged on any ship, the voyage of which is to terminate in India, dies during 
that voyage and the ship before coming to a port in India touches and remains for forty-eight hours at 
some port elsewhere, the master shall report the case to the Indian consular officer at such port and 
shall  give  to  the  officer  any  information  he  requires  as  to  the  destination  of  the  ship  and  probable 
length of the voyage. 

(2) The Indian consular officer may, if he thinks it expedient, require the property of the seaman 
or apprentice to be delivered and paid to him and shall thereupon give to the master a receipt therefor 
and endorse under his hand upon the agreement with the crew such particulars with respect thereto as 
the Central Government may require. 

(3) The receipt  shall  be  produced  by  the  master to the  shipping  master  within  forty-eight  hours 

after his arrival at his port of destination in India. 

(4) Where a seaman or apprentice dies as aforesaid and the ship proceeds at once to a port in India 
without touching and remaining as aforesaid at a port elsewhere or the Indian consular officer does 
not require the delivery and payment of the property as aforesaid, the master shall within forty-eight 
hours after his arrival at his port of destination in India, pay and deliver the property to the shipping 
master at that port. 

(5) A deduction claimed by the master in such account shall not be allowed unless vertified by an 
entry in the Official log book, and also by such other vouchers, if any, as may be reasonably required 
by the shipping master. 

(6) A shipping master in India shall grant to a master upon due compliance with such provisions 

of this section as relate to acts to be done at the port of destination a certificate to that effect. 

154. Master to pay and deliver property of deceased seamen.―(1) If the master of a ship fails 
to comply with the provisions of this Act with respect to taking charge of the property of the deceased 
seaman or apprentice, or to making in the official log book the proper entries relating thereto, or to the 
payment or delivery of such property, he shall be accountable for such property to the shipping master 
as aforesaid, and shall pay and deliver the same accordingly. 

(2) The property may be recovered in the same Court and manner in which the wages of seamen 

may be recovered under this Act. 

155.  Property  of  deceased  seaman  left  abroad  but  not  on  board  ship.―If  any  seaman  or 
apprentice  on  an  Indian  ship,  or  engaged  in  India  on  any  other  ship,  the  voyage  of  which  is  to 
terminate in India, dies at any place outside India leaving any money or effects not on board the ship, 
the Indian consular officer at or near the place shall claim and take charge of such money and other 
effects (hereinafter referred to as the property of a deceased seaman or apprentice). 

156. Dealing with property of deceased seamen.―(1) An Indian consular officer or a shipping 
master to whom the effects of a deceased seaman or apprentice are delivered or who takes charge of 
such  effects  under  this  Act  may,  if  he  thinks  fit,  sell the  effects,  and the  proceeds  of  any  such sale 
shall be deemed to form part, of the property of the deceased seaman or apprentice. 

(2)  Before  selling  any  valuables  comprised  in  the  said  effects,  such  officer  of  shipping  master 
shall endeavour to ascertain the wishes of the next-of-kin of the deceased seaman or apprentice as to 
the disposal of such valuables and shall, if practicable and lawful, comply with such wishes. 

74 

 
(3)  An  Indian  consular  officer  to  whom  any  property  of  a  deceased  seaman  or  apprentice  is 
delivered  or  who  takes  charge  of  any  such  property  under  this  Act  shall  remit  the  property  to  the 
shipping master at the port of engagement of the deceased seaman or apprentice in such manner and 
shall render such accounts in respect thereof as may be prescribed. 

157.  Recovery  of  wages,  etc.,  of  seamen  lost  with  their  ship.―(1)  Where  a  seaman  or 
apprentice is lost with the ship 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 owner, master or agent of the ship in the same Court and in the same manner in which 
seamen's  wages  are  recoverable,  and  shall  deal  with  those  wages  in  the  same  manner  as  with  the 
wages and compensation due to other deceased seamen or apprentices under this Act. 

(2) In any proceedings for the recovery of the wages and compensation, if it is shown by some 
official records or by other evidence that the ship has, twelve months or upwards before the institution 
of the proceeding, left any port, she shall, unless it is shown that she has been heard of within twelve 
months after the departure be deemed to have been lost with all hands on board either immediately 
after  the  time  she  was  last  heard  of  or  at  such  later  time  as  the  Court  hearing  the  case  may  think 
probable. 

158. Property of seamen dying in India.―If a seaman or apprentice dies in India and is at the 
time of his death entitled to claim from the master or owner of the ship in which he has served any 
effects or unpaid wages, the master, owner or agent shall pay and deliver or account for such property 
to the shipping master at the port where the seaman or apprentice was discharged or was to have been 
discharged or to such other officer as the Central Government may direct. 

159. Payment over of property of deceased seamen by shipping master.―Where any property 
of  a  deceased  seaman  or  apprentice  is  paid  or  delivered  to  a  shipping  master,  the  shipping  master, 
after deducting for expenses incurred in respect of that seaman or apprentice or of his property 1[such 
sums as he thinks proper to allow, shall pay and deliver the residue to the person nominated by the 
seaman or apprentice in this behalf under section 159A and if he has not made any such nomination or 
the nomination made by him is or has become void, the shipping master may―] 

(a) pay and deliver the residue to any claimants who can prove themselves to the satisfaction 
of the said shipping  master to be entitled thereto, and the said shipping master shall be thereby 
discharged from all further liability in respect of the residue so paid or delivered; or 

(b) if he thinks fit so to do, require probate or letters of administration or a certificate under 
the  Indian  Succession  Act,  1925  (39  of  1925)  2[or  a  certificate  under  section  29  of  the 
Administrators-General Act, 1963 (45 of 1963)], to be taken out, and thereupon pay and deliver 
the residue to the legal representatives of the deceased. 
3[159A. Nomination.―(1) A seaman may, for the purposes of sub-section (3) of section 141 and 
clause  (b)  of  section  159  and  an  apprentice  may,  for  the  purposes  of  clause  (b)  of  section  159, 
nominate any person or persons: 

Provided  that  if  the  seaman  or  the  apprentice  has  a  family,  he  may  nominate  for  the  purposes 
aforesaid any one or more  members of his family only and if a seaman or an apprentice acquires a 
family after he has made any such nomination, the nomination shall become void. 

(2)  The  form  in  which  any  nomination  may  be  made  under  sub-section  (1),  the  cancellation  or 
variation of any such nomination (including the making of a fresh nomination) and all other matters 
connected with such nominations shall be such as may be prescribed.] 

160. Disposal of unclaimed property of deceased seamen.―(1) Where no claim to the property 
of  a  deceased  seamen  or  apprentice  received  by  a  shipping  master  is  substantiated  within  one  year 

1. Subs. by Act 41 of 1984, s.12, for “such sums as he thinks proper to allow, may―” (w.e.f.15-7-1985).   

2. Ins. by s. 12, ibid. (w.e.f. 15-7-1985). 

3. Ins. by s. 13, ibid. (w.e.f. 15-7-1985). 

75 

 
                                                      
from the receipt thereof by such shipping master, the shipping master shall cause such property to be 
sold and pay the proceeds of the sale into the public account of India. 

(2) If, after the proceeds of the sale having been so paid, any claim is made thereto, then, if the 
claim is established to the satisfaction of the shipping master, the amount or so much thereof as shall 
appear to him to be due to the claimant, shall be paid to him, and if the claim is not so established, the 
claimant may apply by petition to the High Court, and such Court, after taking evidence either orally 
or on affidavit, shall make such order on the petition as shall seem just: 

Provided that, after the expiration of six years from the receipt of such property by the shipping 
master, no claim to such property shall be entertained without the sanction of the Central Government. 
1[Provided  further  that  if,  before  the  expiration  of  six  years  after  the  proceeds  of  the  sale  have 
been so paid, no claim is made thereto the amount or any part thereof may be utilised for the welfare 
of seamen in such manner as the Central Government may direct.] 

Distressed seamen 

161. Relief and maintenance of distressed seamen.―(1) The Indian consular officer at or near 
the  place  where  a  seaman  is  in  distress  shall,  on  application  being  made  to  him  by  the  distressed 
seaman, provide in accordance with the rules made under this Act for the return of that seaman to a 
proper return port, and also for the said seaman's necessary clothing and maintenance until his arrival 
at such port. 

(2) A distressed seaman shall not have any right to be maintained or sent to a proper return port 

except to the extent and on the conditions provided for in the rules. 

(3)  All  repatriation  expenses,  other  than  excepted  expenses,  incurred  by  or  on  behalf  of  the 
Central Government in accordance with the provisions of this Act shall constitute a debt due to the 
Central Government for which the owner or agent of the ship to which the seaman in respect of whom 
they were incurred belonged at the time of his discharge or other event which resulted in his becoming 
distressed  seaman  shall  be  liable;  and  the  owner  or  agent  shall  not  be  entitled  to  recover  from  the 
seaman 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 seaman 
in  respect  of  whom  they  were  incurred  and  the  owner  or  agent  or  the  ship  to  which  that  seaman 
belonged  at  the  time  of  his  discharge  or  other  event  which  resulted  in  his  becoming  a  distressed 
seaman shall be jointly and severally liable; and the owner or agent shall be entitled to recover from 
the  seaman  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 seaman. 

(5) All excepted expenses incurred in accordance with the provisions of this Act in respect of any 
distressed seaman by the owner or agent of the ship to which he belonged at the time of his discharge 
or other event which resulted in his becoming a distressed seaman shall constitute a debt due to the 
owner  or  agent  for  which  the  seaman  shall  be  liable;  and  the  owner  or  agent  may  apply  to  the 
satisfaction of his claim so much as may be necessary of any wages due to the seaman; but he shall 
not be entitled to recover from the seaman 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 any 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. 

1. Ins. by Act 41 of 1984, s. 14 (w.e.f. 15-7-1985). 

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(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 wages arc recoverable under section 145. 

162. Mode of providing for return of seamen to proper return port.―(1) A seaman may be 
sent  to  a  proper  return  port  by  any  reasonable  route  either  by  sea  or  land  or  if  necessary  by  air  or 
partly by any one and partly by any other of these modes. 

(2) Provisions shall be made for the return of the seaman as to the whole of the route if it is by sea 
or as to any part of the route which is by sea by placing the seaman on board an Indian ship which is 
in want of men to make up its complement, or, if that is not practicable, by providing the seaman with 
a passage in any ship, Indian or foreign, or with the money for his passage and, as to any part of the 
route which is by land or air, by paying the expenses of his journey and of his maintenance during the 
journey or providing him with means to pay those expenses. 

(3) Where the master of a ship is required under this Part to provide for the return of a discharged 
seaman  to  a  proper  return  port,  the  master  may,  instead  of  providing  the  seaman's  passage  or  the 
expenses of his journey or of providing the seaman with means to pay his passage or those expenses, 
deposit with the proper officer such sum as that officer considers sufficient to defray the expenses of 
the return of the seaman to a proper return port. 

163. Receiving distressed seamen on ships.―(1) The master of an Indian ship shall receive on 
board his ship and afford passage and maintenance to all distressed seamen whom he is required by 
the Indian consular officer to take on board his ship, and shall during the passage provide every such 
distressed seaman with accommodation equal to that normally provided for the crew of the ship and 
subsistence, proper to the rank or rating of the said distressed seaman. 

(2) The master of a ship shall not be required to receive on board his ship a distressed seaman in 
terms of this section, if the Indian consular officer is satisfied that accommodation is not and cannot 
be made available for such seaman. 

164. Provisions as to taking distressed seamen on ships.―(1) Where a distressed seaman is for 
the purpose of his return to a proper return port placed on board an Indian ship, the Indian consular 
officer  by  whom  the  seaman  is  so placed shall endorse  on the  agreement  with the  crew  of  the  ship 
particulars of the seaman so placed on board. 

(2) On the production of a certificate signed by the Indian consular officer by whose directions 
any  such  distressed  seamen  were  received  on  board,  specifying  the  number  and  names  of  the 
distressed seamen and the time when each of them was received on board, and on a declaration made 
by  the  master  stating  the  number  of  days  during  which  each  distressed  seaman  has  received 
subsistence and stating the full complement of his crew and the actual number of seamen employed 
on  board  his  ship  and  every  variation  in  that  number,  whilst  the  distressed  seamen  received 
maintenance, the master shall be entitled to be paid in respect of the subsistence and passage of every 
seaman so conveyed and provided for by him, exceeding the number, if any, wanted to make up the 
complement of his crew, such sum for each day as the Central Government may by rules made in this 
behalf allow. 

165. What shall be evidence of distress.―In any proceeding under this Part a certificate of the 
Central Government  or of such officer as the Central Government  may specify in this behalf to the 
effect that any seaman named therein is distressed shall be conclusive evidence that such seaman is 
distressed within the meaning of this Act. 

166. Indian consular officer to decide return port to which or route by which seaman is to be 
sent.―If any question arises as to what return port a seaman is to be sent in any case or as to the route 
by which he should be sent, that question shall be decided by the Indian consular officer concerned, 
and in deciding any question under this provision the Indian consular officer shall have regard both to 
the convenience of the seaman and to the expense involved, and also, where that is the case, to the fact 
that an Indian ship which is in want of men to make up its complement is about to proceed to a proper 
return port. 

77 

 
167. Power to make rules with respect to distressed seamen.―The Central Government may 
make rules with respect to the relief, maintenance and return to a proper return port of seamen found 
in distress in any place out of India and with respect to the circumstances in which and the conditions 
subject to which, seamen may be relieved and provided with passages under this Part, and generally to 
carry out the provisions of this Part relating to distressed seamen. 

Provisions, health and accommodation 

168.  Ships  to  have  sufficient  provisions  and  water.―(1)  All  Indian  ships  and  all  ships  upon 
which seamen have been engaged shall have on board sufficient provisions and water of good quality 
and fit for the use of the crew on the scale specified in the agreement with the crew. 

(2) If any person making an inspection under section 176 finds the provisions or water to be of 
bad quality and unfit for use or deficient in quantity, he shall signify it in writing to the master of the 
ship and may, if he thinks fit, detain the ship until the defects are remedied to his satisfaction. 

(3) The master shall not use any provisions or water so signified to be of bad quality and shall in 
lieu  of  such  provisions  or  water,  provide  other  proper  provisions  or  water  and  he  shall,  if  the 
provisions  or  water  be  signified  to  be  deficient  in  quantity,  procure  the  requisite  quantity  of  any 
provisions or water to cover the deficiency. 

(4) The person making the inspection shall enter a statement of the result of the inspection in the 
official  log  book,  and  shall,  if  he  is  not  the  shipping  master,  send  a  report  thereof  to  the  shipping 
master and that report shall be admissible in evidence in any legal proceeding. 

(5)  If  the  inspection  was  made  in  pursuance  of  a  request  by  the  members  of  the  crew  and  the 
person  making  the  inspection  certifies  in  the  statement  of  the  result  of  the  inspection  that  the 
complaint  was  false  and  either  frivolous  or  vexatious,  every  member  of  the  crew  who  made  the 
request shall be liable to forfeit to the owner out of his wages a sum not exceeding one week‟s wages. 

(6) The master of the ship and any other person having charge of any provisions or water liable to 
inspection under this section shall give the person making the inspection every reasonable facility for 
the purpose. 

1[(7)  The  master  of  the  ship  or  any  person  having  charge  over  the  ship  shall  maintain  such 
standards, in accordance with the provisions of the Maritime Labour Convention, for the quantity and 
quality  of  food  and  drinking  water,  and  the  catering  standards  applicable  to  food  provided  to  the 
seamen on ships, as may be prescribed. 

(8) The master of the ship or any person having charge over the ship shall undertake educational 

activities to promote awareness and implementation of the standards referred to in sub-section (7).] 

169.  Allowances  for  short  or  bad  provisions.―(1)  In  either  of  the  following  cases,  that  is  to 

say,― 

(a) if during the voyage the allowance of any of the provisions for which a seaman has by his 

agreement stipulated is reduced, or 

(b)  if  it  is  shown  that  any  of  those  provisions  are  or  have  during  the  voyage  been  bad  in 

quality or unfit for use,  

the seaman shall receive by way of compensation for that reduction or bad quality according to the 
time of its continuance, sums in accordance with such scale as may be prescribed, to be paid to him in 
addition to, and to be recoverable as, wages. 

(2) If it is shown to the satisfaction of the court before which the case is tried that any provisions, 
the allowance of which has been reduced, could not be procured or supplied in proper quantities, and 

1. Ins. by Act 32 of 2014, s. 13 (w.e.f. 1-4-2015). 

78 

 
 
                                                      
that  proper  and  equivalent  substitutes  were  supplied  in  lieu  thereof,  the  court  shall  take  those 
circumstances into consideration in making an order. 

170.  Foreign  going  Indian  ship  to  carry  duly  certificated  cook.―(1)  With  effect  from  such 

date  as  the  Central  Government  may,  by  notification  in  the  official  Gazette,  specify,  every                
foreign-going  Indian  ship  of  such  tonnage  as  may  be  prescribed  shall  be  provided  with,  and  shall 
carry, a cook duly certificated under this Act. 

(2)  The  Central  Government  may  make  rules  specifying  the  qualifications,  experience  or  sea 
service which may be required from persons who wish to obtain certificates of competency as cooks 
under  this  Act,  and  the  conditions  under  which  any  such  certificate  may  be  granted,  cancelled  or 
suspended. 

171.  Weights  and  measures  on  board.―The  master  of  a  ship  shall  keep  on  board  proper 
weights and measures for determining the quantities of the several provisions and articles served out 
and  shall  allow  the  same  to  be  used  at  the  time  of  serving  out  the  provisions  and  articles  in  the 
presence of witnesses whenever any dispute arises about the quantities. 

172.  Beddings,  towels,  medicines,  medical  stores,  etc.,  to  be  provided  and  kept  on  board 
certain ships.―(1) The owner of every ship of over five hundred tons gross shall supply or cause, to 
be  supplied  to  every  seaman  for  his  personal  use,  bedding,  towels,  mess  utensils  and  other  articles 
according,  to such scale as  may  be  prescribed;  and  different  scales  may  be  prescribed in  respect  of 
different classes of ships. 

(2)  All  foreign-going  Indian  ships  and  all  home-trade  ships  of  two  hundred  tons  gross  or  more 
shall have always on board a sufficient supply of medicines, medical stores, appliances and first aid 
equipment suitable for diseases  and accidents likely to occur on voyages according to such scale as 
may be prescribed. 

(3) It shall be the duty of the port health officer or such other person as the Central Government 
may appoint in this behalf to inspect the medicines, medical stores and appliances with which a ship is 
required to be provided. 

173. Certain ships to carry medical officer.―1[(1) Every foreign-going ship carrying― 

(a) more than the prescribed number of persons (including the crew), shall have on board as 

part of her complement a medical officer possessing such qualifications; and 

(b) less than the prescribed number of persons shall have such medical facilities, 

as may be prescribed, in accordance with the provisions of the Maritime Labour Convention.] 
(2) Nothing in this section shall apply to 2[a special trade passenger ship] or a pilgrim ship. 

 174. Expenses of medical attendance in case of illness.―(1) If the master of an Indian ship, or 
a seaman or apprentice, receives any hurt or injury or suffers from any illness (not being a hurt, injury 
or  illness  due  to  his  own  wilful  act  or  default  or  to  his  own  misbehaviour),  resulting  in  his  being 
discharged or left behind at a place other than his proper return port, the expenses of providing the 
necessary surgical kind medical advice, attendance and treatment and medicine, and also the expenses 
of the maintenance of the master, seaman or apprentice until he is cured, or dies, or is brought back to 
the port from which he was shipped or other port agreed upon after receiving the necessary medical 
treatment and of his conveyance to that port, and, in case of death, the expenses, if any, of his burial 
or, cremation shall be defrayed by the owner of the ship without any deduction on that account from 
his wages. 

(2) If the master, seaman or apprentice is on account of any illness or injury temporarily removed 
from his ship, at a port other than his proper return, port, for the purpose of preventing infection, or 

1. Subs. by Act 32 of 2014, s. 14, for sub-section (1) (w.e.f. 1-4-2015). 

2. Subs. by Act 69 of 1976, s. 2, for “an unberthed passenger ship” (w.e.f. 1-12-1976). 

79 

 
                                                      
otherwise  for  the  convenience  of  the  ship,  and  subsequently  returns  to  his  duty,  the  expenses  of 
removal  and  of  providing  the  necessary  surgical  and  medical  advice,  attendance  and  treatment  and 
medicine and of his maintenance while away from the ship, shall be defrayed in like manner. 

(3)  The  expenses  of  all  medicines,  and  surgical  and  medical  advice,  attendance  and  treatment, 

given to a master, seaman or apprentice while on board his ship, shall be defrayed in like manner. 

(4) In all other cases any reasonable expenses duly incurred by the owner for any master, seaman 
or apprentice in respect of illness, shall, if proved to the satisfaction of the Indian consular officer or a 
shipping master, be deducted from the wages of the master, seaman or apprentice. 

(5)  Where  any  expenses  referred  to  in  this  section  have  been  paid  by  the  master,  seaman  or 
apprentice himself, the same  may be recovered as if they were wages duly earned, and, if any such 
expenses  are,  paid  by  the  Government,  the  amount  shall  be  a  charge  upon  the  ship  and  may  be 
recovered with full costs of suit by the Central Government. 

175. Accommodation for seaman.―(1) The Central Government may, subject to the condition 
of previous publication, make rules with respect to the crew accommodation to be provided in ships of 
any class specified in the rules. 

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

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

(a) the minimum space for each person which must be provided in any ship to which the rules 
apply by way of sleeping accommodation for seamen and apprentices and the maximum number 
of persons by whom any specified part of such sleeping accommodation may be used; 

(b) the position in any such ship in which the crew accommodation or any part thereof may be 
located  and  the  standards  to  be  observed  in  the  construction,  equipment  and  furnishing  of  any 
such accommodation; 

(c)  the  submission  to  such  authority  as  may  be  specified  in  this  behalf  of  plans  and 
specifications of any works proposed to be carried out for the provision or alteration of any such 
accommodation and the authorisation of that authority to inspect any such works. 

(d) the maintenance and repair of any such accommodation and the prohibition or restriction 

of the use of any such accommodation for purposes other than those for which it is designed; 

(e) the manner as to how ships registered or under construction at the commencement of any 

rules made under this section may be dealt with after such commencement; 

1[(f) the fees that may be levied for the survey or inspection of crew spaces and for scrutiny of 

plans of crew accommodation spaces and the manner in which such fees may be collected.] 

and such rules may make different provisions in respect of different classes of ships and in respect of 
crew accommodation provided for different classes of persons. 

 (3) If any person making an inspection under section 176 finds that the crew accommodation is in 
sanitary  or  is  not  in  accordance  with the  provisions of  this  Act,  he  shall  signify  it  in  writing  to  the 
master  of  the  ship  and  may,  if  he  thinks  fit,  detain  the  ship  until  the  defects  are  remedied  to  his 
satisfaction. 

Explanation.―In  this  section,  the  expression  “crew  accommodation”  includes  sleeping  rooms, 
mess  rooms,  sanitary  accommodation,  hospital  accommodation,  recreation  accommodation,  store 
rooms  and  catering  accommodation  provided  for  the  use  of  seamen  and  apprentices,  not  being 
accommodation which is also used by, or provided for the use of passengers. 

176.  Inspection  by  shipping  master,  etc.,  of  provisions,  water,  weights  and  measures  and 
accommodation.―A shipping master, surveyor, seamen's welfare officer, port health officer, Indian 

1. Ins. by Act 12 of 1983, s. 7 (w.e.f.18-5-1983). 

80 

 
                                                      
consular  officer  or  any  other  officer  at  any  port  duly  authorised  in  this  behalf  by  the  Central 
Government― 

(a)  in  the  case  of  any  ship  upon  which  seamen  have  been  shipped  at  that  port,  may  at  any 

time, and 

(b) in the case of any Indian ship, may at any time, and if the master or three or more of the 

crew so request, shall,  

enter on board the ship and inspect— 

(i) the provisions and water, 

(ii) the weights and measures, 

(iii) the accommodation for seamen, 

with which the ship is required to be provided by or under this Act and also the space and equipment 
used for the storage and handling of food and water and the galley and other equipment used for the 
preparation and service of meals. 

1[176A. Ships to possess Maritime Labour Certificate and Declaration of Maritime Labour 
Compliance.―(1) All ships of five hundred tons gross or more and engaged in international voyage 
or  operating  from  a  port,  or  between  ports,  in  another  country,  shall  possess  a  Maritime  Labour 
Certificate and a Declaration of Maritime Labour Compliance. 

(2) Ships not covered under sub-section (1) shall, unless, exempted by the Central Government, 

possess such certificate in such manner and form, as may be prescribed. 

(3) The shipping master, surveyor, seamen's welfare officer, port health officer, Indian consular 
officer, or any other officer at any port duly authorised in this behalf by the Central Government, may 
inspect  any  ship,  in  such  manner  as  may  be  prescribed,  and  the  master  of  the  ship  or  any  person 
having  charge  over  the  ship  shall  make  available  to  such  inspecting  officer,  the  Maritime  Labour 
Certificate and the Declaration of Maritime Labour Compliance.] 

 177. Inspection by master of provisions, water and accommodation at sea.―The master of 
an Indian ship which is at sea shall, at least once in every ten days, cause an inspection to be made of 
the  provisions  and  water  provided  for  the  use  of  the  seamen  and  apprentices  and  the  crew 
accomodation, for the purpose of ascertaining whether the same are being maintained in accordance 
with the requirements of this Act, and the person making the inspection shall enter a statement of the 
result of the inspection in a book specially kept for the purpose. 

2[177A.  Power  to  make  rules  to  prevent  accidents,  etc.―(1)  The  Central  Government  may, 
having  regard  to  the  provisions  of  the  Convention  concerning  the  Prevention  of  Occupational 
Accidents to Seafarers adopted by the General Conference of the International Labour Organisation 
on the 30th day of October, 1970, make rules so as to ensure safe working conditions for Indian ships 
and  for  preventing  accidents  and  different  rules  may  be  made  for  different  classes  of  ships  and  for 
ships of the same class in different circumstances. 

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

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

(a) the manner in which any equipment or gear may be maintained, inspected or tested and 

conditions as to such maintenance, inspection and testing; 

1. Ins. by Act 32 of 2014, s. 15 (w.e.f. 1-4-2015). 

2. Ins. by Act 41 of 1984, s. 15 (w.e.f. 15-7-1985).  

81 

 
                                                      
(b)  the  manner  in  which  the  use  of  any  material  or  process  shall  be  regulated  for  the 

manufacture of any such equipment or gear; 

(c) the provision of safe means of access to such equipment or gear for the use of seamen and 

provision of protective clothing for seamen where necessary; 

(d) restriction on the hours of employment of seamen in any specified operation or under any 

specified circumstances; and 

(e) the manner and form in which and the persons to whom any accident occurring on board a 

ship shall be reported.] 

Special provisions for the protection of seamen in respect of litigation 

178.  Meaning  of  serving  seaman.―A  seaman  shall,  for  the  purposes  of  these  provisions,  be 
deemed to be a serving seaman during any period commencing on the date of the agreement with the 
crew  and  ending  thirty  days  after  the  date  on  which  the  seaman  is  finally  discharged  from  such 
agreement. 

179.  Particulars  to  be  furnished  in  plaints,  etc.―(1)  If  any  person  presenting  any  plaint, 
application or appeal to any Court has reason to believe that any adverse party is a serving seaman, he 
shall make a statement accordingly in the plaint, application or appeal. 

(2) If any collector has reason to believe that any seaman who ordinarily resides or has property in 
his district and who is a party to any proceedings pending before any Court is unable to appear therein 
or is a serving seaman, the collector may certify the facts to the Court. 

 180. Notice to be given in case of unrepresented seaman.―(1) If a collector has certified under 
sub-section (2) of section 179, or if a Court has reason to believe that a seaman who is a party to any 
proceeding  before  the  Court,  is  unable  to  appear  therein  or  is  a  serving  seaman,  the  Court  shall 
suspend the proceeding and shall give notice thereof to the shipping master: 

Provided that the Court may refrain from suspending the proceeding and giving the notice— 

(a) if the proceeding is one instituted or made by the seaman, alone or conjointly with others, 

with the object of enforcing a right of pre-emption, or 

(b)  if  the  interests  of  the  seaman  in  the  proceeding  are,  in  the  opinion  of  the  Court,  either 
identical with those of any other party thereto and adequately represented by such other party, or 
merely of a formal nature. 

(2) If it appears to the Court before which any proceeding is pending that a seaman though not a 
party to the proceeding is materially concerned in the outcome of the proceeding and that his interests 
are likely to be prejudiced by his inability to attend, the Court may suspend the proceeding and shall 
give notice thereof to the shipping master. 

(3) If on receipt of a notice under sub-section (1) or sub-section (2), the shipping master certifies 
to the Court, that the seaman is a serving seaman, the Court shall thereupon postpone the proceeding 
in respect of the seaman for such period as it thinks fit: 

Provided  that  if  by  reason  of  the  continued  absence  of  the  seaman  the  question  of  any  further 
postponement  of  the  proceeding  in  respect  of  the  seaman  arises,  the  court  shall  in  deciding  the 
question  have  regard  to  the  purposes  of  the  provisions  of  this  Act  conferring  special  protection  on 
seaman in respect of litigation. 

82 

 
(4)  If  the  shipping  master  either  certifies  that  the  seaman  is  not  for  the  time  being  a  serving 
seaman or fails within two months from the date of the receipt of the notice under sub-section (1) or 
sub-section (2) as the case may be, to certify that the seaman is a serving seaman, the Court may, if it 
thinks fit, continue the proceeding. 

181. Power to set aside decrees and orders passed against serving seaman.―(1) Where in any 
proceeding  before  a  court,  a  decree  or  order  has  been  passed  against  any  seaman  while  he  was  a 
serving seaman, the seaman, or if he dies while he is a serving seaman, his legal representative, may 
apply  to  the  said  court  to  have  the  decree  or  order  set  aside,  and  if  the  court  after  giving  an 
opportunity to the opposite party of being heard, is satisfied that the interests of justice require that the 
decree or order should be set aside as against the seaman, the court, shall subject to such conditions, if 
any,  as  it  thinks  fit to  impose,  make  an  order  accordingly,  and  may,  if  it  appears  that  any  opposite 
party  in  the  proceeding  has  failed  to  comply  with  the  provisions  of  sub-section  (1)  of  section  179, 
award, subject to such conditions as it thinks fit to impose, damages against such opposite party. 

(2) The period of limitation for an application under sub-section (1) shall be sixty days from the 
date on which the seaman first ceases to be a serving seaman after the passing of the decree or order, 
or where the summons or notice was not duly served on the seaman in the proceeding in which the 
decree  or  order  was  passed,  from  the  date  on  which  the  applicant  had  knowledge  of  the  decree  or 
order,  whichever  is  later;  and  the  provisions  of  section  5  of  the  Indian  Limitation  Act,  1908                      
(9 of 1908), shall apply to such applications. 

(3) Where the decree or order in respect of which an application under sub-section (1) is made is 
of such a nature that it cannot be set aside as against the seaman only, it may be set aside as against all 
or any of the parties against whom it was made. 

(4)  Where  a  court  sets  aside  a  decree  or  order  under  this  section,  it  shall  appoint  a  day  for 
proceeding with the suit, appeal or application, as the case may be, in respect of which the decree or 
order was passed. 

182. Modification of law of limitation where seaman is a party.―In computing the period of 
limitation provided in the foregoing provisions or in the Indian Limitation Act, 1908 (9 of 1908), or in 
any  other  law  for  the  time  being  in  force,  for  any  suit,  appeal  or  application  to  a  court  to  which  a 
seaman is a party, the period or periods during which the seaman has been a serving seaman, and if 
the seaman has died while he was a serving seaman, the period from the date of his death to the date 
on which his next-of-kin was first informed, by the shipping master or otherwise, of his death, shall be 
excluded: 

Provided that this section shall not apply in the case of any suit, appeal or application instituted or 
made  with  the  object  of  enforcing  a  right  of  pre-emption  except  in  such  areas  and  in  such 
circumstances as the Central Government may, by notification in the Official Gazette, specify in this 
behalf. 

183. Reference in matters of doubt to shipping masters.―If any court is in doubt whether, for 
the purposes of section 180 or section 181, a seaman is or was at any particular time or during any 
particular period a serving seaman, it may refer the question to the shipping master, and the certificate 
of the shipping master shall be conclusive evidence on the question. 

Provisions for the protection of seamen in respect of other matters 
184. Facilities for  making  complaints.―If  a seaman  or  apprentice states to the  master  that  he 
desires to make a complaint to  1[a Judicial Magistrate of the first class or a Metropolitan Magistrate, 
as the case may be] or other proper officer against the master or any of the crew, the master shall,― 

(a) if the ship is then at a place where there is  1[a Judicial Magistrate of the first class or a 
Metropolitan Magistrate, as the case may be,] or other proper officer, as soon after such statement 
as the service of the ship will permit, and 

1. Subs. by Act 12 of 1983, s. 17 and the Schedule, for “a magistrate” (w.e.f. 18-5-1983). 

83 

 
                                                      
 
(b)  if  the  ship  is  not  then  at  such  place,  as  soon  after  her  first  arrival  at  such  place  as  the 

service of the ship will permit. 

allow  the  complainant  to  go  ashore  or  send  him  ashore  under  proper  protection  so  that  he  may  be 
enabled to make the complaint. 

185.  Assignment  or  sale  of  salvage  invalid.―Subject  to  the  provisions  of  this  Act,  an 
assignment of salvage payable to a seaman or apprentice made prior to the accruing thereof shall not 
bind  the  person  making  the  same,  and  a  power-of-attorney  or  authority  for  the  receipt  of  any  such 
salvage shall not be irrevocable. 

186.  No  debt recoverable  till  end  of  voyage.―A  debt incurred by  any  seaman  after  he  has to 

serve shall not be recoverable until the service agreed for is concluded. 

187.  Seamen’s  property  not  to  be  detained.―(1)  Any  person  who  receives  or  takes  into  his 
possession or under his control any money or other property of a seaman or apprentice shall return the 
same or pay the value thereof when required by the seaman or apprentice subject to deduction of such 
amounts as may be justly due to him from the seaman or apprentice in respect of board or lodging or 
otherwise. 

(2) Where  1[a Judicial Magistrate of the first class or a Metropolitan Magistrate as the case may 
be,] imposes a fine for a contravention of this section, he may direct the amount of such money or the 
value  of  the  property  subject  to  such  deduction  as  aforesaid,  if  any,  or  the  property  itself  to  be 
forthwith paid or delivered to the seaman or apprentice. 

188. Prohibition against solicitation by lodging house keepers.―No person shall, while a ship 

is at any port or place in India— 

(a)  solicit  a  seaman  or  apprentice  to  become  a  lodger  at  the  house  of  any  person  letting 

lodgings for hire; or 

(b) take out of the ship any property of the seaman or apprentice except under the direction of 

the seaman or apprentice and with the permission of the master. 

189.  Ship  not  to  be  boarded  without  permission  before  seamen  leave.―Where  a  ship  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 on board the ship without the 
permission of the master before the seamen lawfully leave the ship at the end of their engagement or 
are discharged (whichever happens last), the master of the ship may take such person into custody and 
deliver him up forthwith to a police officer to be taken before 1[a Judicial Magistrate of the first class 
or a Metropolitan Magistrate as the case may be,] to be dealt with according to the provisions of this 
Act. 

Provisions as to discipline 

190. Misconduct endangering life or ship.―No master, seaman, or apprentice belonging to an 

Indian ship, wherever it may be, or to any other ship, while in India, shall knowingly— 

(a) do anything tending to the immediate loss or destruction of, or serious damage to, the ship, 
or tending immediately to endanger the life of, or to cause injury to any person belonging to or on 
board the ship; or 

(b) refuse or omit to do any lawful act proper and requisite to be done by him for preserving 
the  ship  from  immediate  loss,  destruction  or  serious  damage,  or  for  preserving  any  person 
belonging to or on board the ship from danger to life or from injury. 

1. Subs. by Act 12 of 1983, s. 17 and the Schedule, for “a magistrate” (w.e.f. 18-5-1983). 

84 

 
                                                      
 
191.  Desertion  and  absence  without  leave.―(1)  No  seaman  lawfully  engaged  and  no 

apprentice— 

(a) shall desert his ship; or 

(b) shall neglect or refuse, without reasonable cause, to join the ship or to proceed to sea in his 
ship or be absent without leave at any time within twenty-four hours of the ship'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 ship or from his duty. 

(2) For the purposes of sub-section (1), the fact that the ship, on which the seaman or apprentice is 

engaged or to which he belongs is unseaworthy shall be deemed to be a reasonable cause: 

Provided that the seaman or apprentice has, before failing or refusing to join his ship or to proceed 
to  sea  in  his  ship  or  before  absenting  himself  or  being  absent  from  the  ship,  as  the  case  may  be, 
complained to the master or a shipping master, surveyor, seamen‟s welfare officer, port health officer, 
Indian consular officer or any other officer at any port duly authorised in this behalf by the Central 
Government, that the ship is unseaworthy. 

192. Power to suspend deserter's certificate of discharge.―If it is shown to the satisfaction of 
a proper officer that a seaman has deserted his ship or has absented himself  without leave and without 
sufficient reason from his ship or from his duty, the proper officers hall forthwith make a report to that 
effect to the Director-General who may thereupon direct that the seaman's certificate of discharge or 
continuous  certificate  of  discharge  shall  be  with  held  for  such  period  as  may  be  specified  in  the 
direction. 

193.  Conveyance  of  deserter  or  imprisoned  seaman  on  board  ship.―(1)  If  a  seaman  or 
apprentice deserts his ship or is absent without leave and without sufficient reason from his ship or 
from  his  duty,  the  master,  any  mate,  the  owner  or  agent  of  the  owner  of  the  ship  may,  without 
prejudice  to  any  other  action  that  may  be  taken  against  the  seaman  or  apprentice  under  this  Act, 
convey  him  on  board  his  ship  and  may  for  that  purpose  cause  to  be  used  such  force  as  may  be 
reasonable in the circumstances of the case. 

(2) If, either at the commencement or during the progress of any voyage, a seaman or apprentice 
engaged in an Indian ship commits outside India, the offence of desertion or absence without leave or 
any offence against discipline, the master, any mate, the owner or agent of the owner may, if and so 
far as the laws in force in the place will permit, arrest him without first procuring a warrant. 

(3) No person shall convey on board or arrest a seaman or apprentice on improper or insufficient 

grounds. 

(4)  Where  a  seaman  or  apprentice  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 owner, or his agent, 
so requires, the court, may, in lieu of committing and sentencing him for the offence, cause him to be 
conveyed on board his ship for the purpose of proceeding on the voyage, or deliver him to the master 
or any mate of the ship or the owner or his agent, to be by them so conveyed, and may in such case 
order any costs and expenses properly incurred by or on be half of the master or owner by reason of 
the conveyance to be paid by the offender and, if necessary, to be deducted from any wages which he 
has then earned or by virtue of his then existing engagements may afterwards be earned. 

194. General offences against discipline.―A seaman lawfully engaged or an apprentice shall be 

guilty of an offence against discipline if he commits any of the following acts, namely:― 

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

placed in security; 

(b) if he is guilty of wilful disobedience to any lawful command or neglect of duty; 

(c) if he is guilty of continued wilful disobedience to lawful commands or continued wilful 

neglect of duty; 

85 

 
(d) if he assaults the master or any other 1[officer of or a seaman or an apprentice belonging 

to, the ship]; 

(e) if he combines with any of the crew to disobey lawful commands or to neglect duty or to 

impede the navigation of the ship or retard the progress of the voyage; 

(f) if he willfully damages his ship or commits criminal misappropriation or breach of trust in 

respect of, or willfully damages any of, her stores or cargo. 

195. Smuggling of goods by seamen or apprentices.―(1) If a seaman lawfully engaged or an 
apprentice is convicted of an offence of smuggling any goods whereby loss or damage is occasioned 
to the master or owner of the ship, he shall be liable to pay to that master or owner a sum sufficient to 
reimburse the loss or damage and the whole or a part of his wages may he retained in satisfaction on 
account of that liability without prejudice to any other remedy. 

(2)  If  a  seaman  lawfully  engaged  is  convicted  of  an offence  of  smuggling  opium,  hemp  or  any 
other  narcotic  drug  or  narcotic,  the  Director-General  may  direct  that  the  seaman's  certificate  of 
discharge  or  continuous  certificate  of  discharge  shall  be  cancelled  or  shall  be  suspended  for  such 
period as may be specified in the direction. 

196.  Entry  of  offences  in  official  logs.―If  any  offence  within  the  meaning  of  this  Act  of 
desertion or absence without leave or against discipline 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 log book and signed by the master, 

the mate and one of the crew; and 

(b)  the  offender, if  still in  the  ship,  shall,  before the next  subsequent  arrival  of the  ship  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; and 

(c) a statement of a copy of the entry having been so furnished and the entry having been so read 
over  and  the  reply,  if  any,  made  by  the  offender  shall  likewise  be  entered  and  signed  in  manner 
aforesaid; and 

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

197. Report of desertions and absence without leave.―Whenever any seaman engaged outside 
India on an Indian ship deserts or otherwise absents himself in India without leave, the master of the 
ship shall, within forty-eight hours of discovering such desertion or absence, report the same to the 
shipping master or to such other officer as the Central Government specifies in this behalf, unless in 
the meantime, the deserter or absentee returns. 

198.  Entries  and  certificates  of  desertion  abroad.―(1)  In  every  case  of  desertion  from  an 
Indian  ship  whilst  such  ship  is  at  any  place  out  of  India,  the  master  shall  produce  the  entry  of 
desertion  in  the  official  log  book  to  the  Indian  consular  officer  at  the  place,  and  that  officer  shall 
thereupon, make and certify a copy of the entry. 

(2) The master shall forthwith transmit such copy to the shipping master at the port at which the 
seaman  or  apprentice  was  shipped,  and the  shipping  master  shall, if  required, cause  the  same  to  be 
produced in any legal proceeding. 

(3)  Such  copy,  if  purporting  to  be  so  made  and  certified  as  aforesaid,  shall,  in  any  legal 

proceeding relating to such desertion, be admissible in evidence. 

1. Subs. by Act 41 of 1984, s. 16, for “officers of the ship” (w.e.f. 15-7-1985). 

86 

 
                                                      
199. Facilities for proving desertion in proceedings for forfeiture of wages.―(1) Whenever a 
question arises whether the wages of any seaman or apprentice are forfeited for desertion from a ship, 
it shall be sufficient for the person insisting on the forfeiture to show that the seaman or apprentice 
was duly engaged in or belonged to the ship, and either that he left the ship before the completion of 
the voyage or engagement or, if the voyage was to terminate in India and the ship has not returned, 
that  he  is  absent from  her and  that  an entry  of  his desertion has  been  duly  made  in  the  official  log 
book. 

(2) The desertion shall thereupon, so far as relates to any forfeiture of wages under this Part, be 
deemed to be proved, unless the seaman or apprentice can produce a proper certificate of discharge or 
can otherwise show to the satisfaction of the court that he had sufficient reasons for leaving his ship. 

200.  Application  of  forfeiture.―(1)  Where  any  wages  or  other  property  are  under  this  Act 
forfeited for desertion from a ship, they shall be applied towards reimbursing the expenses caused by 
the desertion to the master or the owner of the ship, and subject to that reimbursement, shall be paid to 
the Central Government. 

(2)  For  the  purposes  of  such  reimbursement  the  master  or  the  owner  or  his  agent  may,  if  the 
wages are earned subsequent to the desertion, recover them in the same manner as the deserter could 
have recovered them if not forfeited; and the court in any legal proceeding relating to such wages may 
order them to be paid accordingly. 

201.  Decision  of  questions  of  forfeiture  and  deduction  in  suits  for  wages.―Any  question 
concerning  the  forfeiture  of  or  deductions  from  the  wages  of  a  seaman  or  apprentice  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. 

202. Payment of fines imposed under agreement to shipping master.―(1) Every fine imposed 
on  a  seaman  for  any  act  of  misconduct  under  this  agreement  shall  be  deducted  and  paid  over  as 
follows, namely:― 

(a) if the offender is discharged at any port or place in India and the offence and such entries 
in respect thereof as aforesaid are proved to the satisfaction of the shipping master before whom 
the  offender  is  discharged,  the  master  or  owner  shall  deduct  such  fine  from  the  wages  of  the 
offender and pay the same over to such shipping master; and 

(b)  if  the  seaman  is  discharged  at  any  port  or  place outside  India  and  the  offence  and  such 
entries as aforesaid are proved to the satisfaction of the Indian consular officer, by whose sanction 
he  is  so  discharged,  the  fine  shall  thereupon  be  deducted  as  aforesaid,  and  an  entry  of  such 
deduction shall then be made in the official log book, if any, and signed by such officer and on the 
return  of  the  ship  to  India,  the  master  or  owner  shall  pay  over  such  fine  to  the shipping  master 
before whom the crew is discharged. 

(2)  An  act  of  misconduct  for  which  any  such  fine  has  been  inflicted  and  paid  shall  not  be 

otherwise punishable under the provisions of this Act. 

(3) The proceeds of all fines received by a shiping master under this section shall be utilised for 

the welfare of seamen in such manner as the Central Government may direct. 

203.  Seaman  or  apprentice  not  to  be  enticed  to  desert.―No  person  shall  by  any  means 
whatever  persuade  or  attempt  to  persuade  a  seaman  or  apprentice  to  neglect  or  refuse  to  join  or 
proceed to sea in or desert from his ship, or otherwise to absent himself from his duty. 

 204.  Deserters  not  to  be  harboured.―No  person  shall  harbour  or  secrete  a  seaman  or, 
apprentice  who  has  wilfully  neglected  or  refused  to  join  or  has  deserted  from  his  ship,  knowing  or 
having reason to believe the seaman or apprentice to have so done. 

87 

 
1[Provided that the provisions of this section shall not extend to the case in which the harbour or 

secreting is by the spouse of the seaman or apprentice.] 

205. Stowaways and seamen carried under compulsion.―(1) No person shall secrete himself 
and go to sea in a ship without the consent of either the owner, agent or master or of a mate, or of the 
person in charge of the ship or of any other person entitled to give that consent. 

(2) Every seafaring person to whom the master of a ship, is under the authority of this Act or any 
other law compelled to take on board and convey and every person who goes to sea in a ship without 
such consent as aforesaid, shall, so long as he remains in the ship, be subject to the same laws and 
regulations for preserving discipline and to the same fines and punishments for offences constituting 
or tending to a breach of discipline as if he were a member of, and has signed the agreement with, the 
crew. 

(3) The master of any Indian ship arriving at any port or place in or outside India and the master 
of any ship other than an Indian ship arriving at any port or place in India shall, if any person has gone 
to sea on that ship without the consent referred to in sub-section (1), report the fact in writing to the 
proper officer as soon as may be after the arrival of the ship. 

206. Procedure where seaman not shipped in India is imprisoned on complaint of master or 
owner.―If any seaman engaged outside India is imprisoned on complaint made by or on behalf of the 
master or owner of the ship or for any offence for which he has been sentenced to imprisonment for a 
term not exceeding one month, then— 

(a) while such imprisonment lasts, no person shall, without the previous sanction in writing of 
the Central Government or of  such officer  as it may  specify in this behalf, engage in  India any 
person to serve as a substitute for such seaman on board the ship; and 

(b) the Central Government or such officer as it may specify in this behalf may tender such 
seaman to the master or owner of the ship in which he is engaged to serve, and if such master or 
owner,  without  assigning  reasons  satisfactory  to  the  Central  Government  or  to  such  officer  as 
aforesaid,  refuses  to  receive  him  on  board,  may  require  such  master  or  owner  to  deposit  in  the 
local shipping office— 

(i) the wages due to such seaman and his money and other property, and 

(ii)  such  sum  as  may,  in  the  opinion  of  the  Central  Government  or  such  officer  as 
aforesaid, be sufficient to defray the cost of the passage of such seaman to the port at which 
he was shipped according to the scale of costs usual in the case of distressed seamen. 

207.  Power  to  send  on  board  seaman  not  shipped  in  India  who  is  undergoing 
imprisonment.―If any seaman engaged outside India is imprisoned for any offence for which he has 
been  sentenced  to  imprisonment  for  a  term  not  exceeding  three  months,  and  if,  during  such 
imprisonment and before his engagement is at an end, his services are required on board his ship, any 
magistrate may, at the request of the master or owner or his agent, cause the seaman to be conveyed 
on board the ship for the purpose of proceeding on the voyage or to be delivered to the master or any 
mate  of  the  ship  or  to  the  owner  or  his  agent  to  be  by  them  so  conveyed,  notwithstanding  that  the 
period for which he was sentenced to imprisonment has not terminated. 

208.  On  change  of  master,  documents  to  be  handed  over  to  successor.―(1)  If  during  the 
progress of a voyage the master of any Indian ship is removed or superseded or for any other reason 
quits the ship and is succeeded in the command by some other person, he shall deliver to his successor 
the  various  documents  relating  to  the  navigation  of  the  ship  and  the  crew  thereof  which  are  in  his 
custody. 

1. Ins. by Act 41 of 1984, s. 17 (w.e.f. 15-7-1985). 

88 

 
                                                      
 
(2) Such successor shall immediately on assuming the command of the ship enter in the official 

log book a list of the documents so delivered to him. 

209. Transmission of documents on transfer of seaman from one ship to another.―Where a 
seaman is transferred under his agreement from one ship to another, the master of the ship from which 
the  seaman  is  transferred  shall,  as  soon  as  practicable,  transmit  to  the  master  of  the  other  ship  all 
documents in his possession relating to the seaman. 

210. Leaving behind in India of seaman or apprentice engaged abroad.―(1) The master of a 
ship shall not discharge at any place in India, a seaman or apprentice engaged outside India unless he 
previously obtains the sanction in writing of such officer as the Central Government appoints in this 
behalf;  but  such  sanction  shall  not  be  refused  when  the  seaman  or  apprentice  is  discharged  on  the 
termination of his service. 

(2) Subject to the provisions contained in sub-section (1), the sanction under that sub-section shall 
be  given  or  withheld  at  the  discretion  of  the  officer  so  appointed,  but  whenever  it  is  withheld,  the 
reasons for so withholding it shall be recorded by him. 

 211. Deserters from foreign ships.―(1) Where it appears to the Central Government that due 
facilities  are  or  will  be  given  by  the  Government  of  any  country  outside  India  for  recovering  and 
apprehending seamen who desert from Indian ships in that country, the Central Government may, by 
notification  in  the  Official Gazette, stating  that  such facilities  are or  will  be  given,  declare that this 
section  shall  apply  to  seamen  belonging  to  ships  of  such  country,  subject  to  such  limitations  or 
conditions as may be specified in the notification. 

(2) Where this section applies to seamen belonging to ships of any country and a seaman deserts 
from any such ship, when within India, any court that would have had cognizance of the matter if the 
seaman or apprentice had deserted from an Indian ship shall, on the application of a consular officer 
of that country, 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 on 
board his ship of delivered to the master or mate of his ship or to the owner of the ship or his agent to 
be so conveyed and any such warrant or order may be executed accordingly. 

Official logs 

212. Official logs to be kept and to be dated.―(1) An official log shall be kept in the prescribed 

form in every Indian ship except a home-trade ship of less than two hundred tons gross. 

(2) The official log may, at the discretion of the master or owner, be kept distinct from or united 

with the ordinary ship‟s log so that in all cases the spaces in the official long book be duly filled up. 

213.  Entries in  official  log  books  how  and when to  be made.―(1)  An  entry  required by  this 
Act in the official log book shall be made as soon as possible after the occurrence to which it relates, 
and, if not made on the same day as that occurrence, shall be made and dated so as to show the date of 
the occurrence and of the entry respecting it and if made in respect of an occurrence happening before 
the arrival of the ship at her final port of discharge, shall not be made more than twenty-four hours 
after that arrival. 

(2) Save as otherwise provided in this Act, every entry in the official log book shall be signed by 

the master and by the mate or some other member of the crew and also— 

(a) if it is an entry of injury or death, shall be signed by the medical officer on board, if any; 

(b) if it is an entry of wages due to or the property of a seaman or apprentice who dies, shall 

be signed by the mate and by some member of the crew besides the master. 

(3)  Every  entry  made  in  an  official  log  books,  in  the  manner  provided  by  this  Act  shall  be 

admissible in evidenced. 

89 

 
214.  Entries required to be made in official log books.―(1) The master of a ship for which an 
official log is required shall enter or cause to be entered in the official log book the following matters 
namely:― 

(a) every conviction by a legal tribunal of a member of his crew and the punishment inflicted; 

(b) every offence committed by a member of his crew for which it is intended to prosecute or 
to enforce a forfeiture or exact a fine, together with such statement concerning the reading over of 
that entry and concerning the reply (if any) made to the charge as is by this Act required; 

(c) every offence for which punishment is inflicted on board and the punishment inflicted; 

(d) a report on the quality of work of each member of his crew, or a statement that the master 

declines to give an opinion thereon with statement of his reasons for so declining; 

(e) every  case of illness,  hurt or injury  happening  to a  member  of the crew  with  the  nature 

thereof and the medical treatment adopted (if any); 

(f)  every  case  of  death  happening  on  board  and  the  cause  thereof,  together  with  such 

particulars; as may be prescribed; 

(g) every birth happening on board, with the sex of the infant, the names of the parents and 

such other particulars as may be prescribed; 

(h) every marriage faking place on board with the names and ages of the parties; 

(i) the name of every seaman or apprentice who ceases to be a member of the crew otherwise 

than by death, with the place, time, manner and cause thereof; 

(j)  the  wages  due  to  any  seaman  or  apprentice  who  dies  during  the  voyage  and  the  gross 

amount of all deductions to be made therefrom; 

(k) the money or other property taken over of any seaman or apprentice who dies during the 

voyage; 

(l) any other matter which is to be or may be prescribed for entry in the official log. 

(2) The master of every such ship, upon its arrival at any port in India or at such other time and 
place as the Central Government may with respect to any ship or class of ships direct, shall deliver or 
transmit, in such form as the Director-General may specify, a return of the facts recorded by him in 
respect of the birth of a child, or the death of a person on board the ship to the Director-General. 

(3)  (a) The  Director-General  shall  send  a  certified  copy  of  such  of  the returns  received  by  him 
under sub-section (2) as relate to citizens of India, to such officer as may be specified in this behalf by 
the Central Government; and such officer shall cause the same to be preserved in such manner as may 
be specified in this behalf by the Central Government. . 

(b) Every such copy shall be deemed to be a certified copy of the entry with respect to the person 
concerned, registered under any law in force for the time being relating to the registration of births 
and deaths. 

 215. Offences in respect of official logs.―(1) An official log book shall be kept in the manner 
required by this Act, and an entry directed by this Act to be made therein shall be made at the time 
and in the manner directed by this Act. 

(2) No person shall make or procure to be made or assist in making any entry in any official log 
book in respect of any occurrence happening previously to the arrival of the ship at her final port of 
discharge more than twenty-four hours after such arrival. 

90 

 
216.  Delivery  of  official  logs  to  shipping  masters.―The  master  of  every  ship  for  which  an 
official log book is required to be kept under this Act shall, within forty-eight hours after the ships's 
arrival  at  her  final  port  of  destination  in  India  or  upon  the  discharge  of  the  crew,  whichever  first 
happens, deliver the official log book of the voyage to the shipping master before whom the crew is 
discharged. 

217. Official logs to be sent to shipping master in case of transfer of ship or loss.―(1) If for 
any reason the official log ceases to be required in respect of an Indian ship, the master or owner of 
the ship shall, if the ship is then in India within one month, and if she is elsewhere within six months, 
after the cessation, deliver or transmit to the shipping master at the port to which the ship belonged the 
official log book duly completed up to the time of cessation. 

(2) If a ship is lost or abandoned, the master or owner thereof shall, if practicable and as soon as 
possible, deliver or transmit to the shipping master at her port of registry the official log book, duly 
completed up to the time of the loss or abandonment. 

National Welfare Board for Seafarers 

218. Functions of National Welfare Board for Seafarers.―(1) The Central Government may, 
by notification in the Official Gazette, constitute an advisory board to be called the National Welfare 
Board  for  Seafarers  (hereinafter  referred  to  as  the  Board)  for  the  purpose  of  advising  the  Central 
Government on the measures to be taken for promoting the welfare of seamen (whether ashore or on 
boardship) generally and in particular the following:— 

(a) the establishment of hostels or boarding and lodging houses for seamen; 

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

seamen; 

(c)  the  establishment  of  hospitals  for  seamen  or  the  provision  of  medical  treatment,  for 

seamen; 

(d) the provision of educational and other facilities for seamen. 

(2) The Central Government may make rules providing for— 

(a) the composition of the Board and the term of office of members thereof; 

(b) the procedure to be followed in the conduct of business by the Board 

(c) the travelling and other allowances payable to members of the Board; 

(d) the levy of fees payable by owners of ships at such rates as may be prescribed (which may 
be  at  different  rates  for  different  classes  of  ships)  for  the  purpose  of  providing  amenities  to 
seamen and for taking other measures for the welfare of seamen; 

(e) the procedure by which any such fees 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 for the 
purpose specified in clause (d). 
1[218A. Power to make rules for purposes of Maritime Labour Convention.―(1) The Central 
Government  may,  having  regard  to  the  provisions  of  the  Maritime  Labour  Convention,  and  in 
consultation with such organisations in India as the Central Government may, by order, notify to be 
the most representative of the employers of seamen and of seamen, make rules for carrying out the 
purposes of this Part. 

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

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

(i) the hours of work and rest in a week under clause (cc) of sub-section (2) of section 101; 

1. Ins. by Act 32 of 2014, s. 16 (w.e.f. 1-4-2015). 

91 

 
                                                      
(ii) the entitlement for leave under clause (ff) of sub-section (2) of section 101; 

(iii) the period of night work under clause (b) of sub-section (2) of section 109; 

(iv) standards for the quantity and quality of food and drinking water, including the catering 
standards  that  apply  to  food  provided  to  the  seamen  on  ships,  under  sub-section  (7)  of  section 
168; 

(v)  the  qualifications  of  medical  officer  under  clause  (a)  and  the  medical  facilities  under 

clause (b) of sub-section (1) of section 173; 

(vi) the manner and form of certificate to be provided to ships under sub-section (2) of section 

176A; 

(vii)  the  manner  of  conducting  inspection  in  a  ship  to  verify  possession  of  the  Maritime 
Labour Certificate and the Declaration of Maritime Labour Compliance under sub-section (3) of 
section 176A; 

(viii) any other matter which may be or is to be prescribed relating to the Maritime Labour 

Convention.] 

PART VIII 

PASSENGER SHIPS  

Survey of passenger ships 

 219.  Application  of  Part.―This  Part  applies  only  to  sea-going  passenger  ships  fitted  with 
mechanical means of propulsion, but the provisions of this Part relating to  1[special trade passenger 
ships] shall not apply ― 

(a) to any such ship not carrying more than thirty 2[special trade passengers]; or 
(b) to any such ship not intended to carry  2[special trade passengers] to or from any port or 

place in India. 

220. No ship to carry passengers without a certificate of survey.―(1) No ship shall carry more 
than twelve passengers between ports or places in India or to or from any port or place in India from 
or to any port or place outside India, unless she has a certificate of survey under this Part in force and 
applicable to the voyage on which she is about to proceed or the service on which she is about to be 
employed: 

Provided that nothing in this section shall apply to any ship which has been granted a certificate 
under section 235, unless it appears from the certificate that it is inapplicable to the voyage on which 
the ship is about to proceed or the service on which she is about to be employed, or unless there is 
reason  to  believe  that  the  ship  has,  since  the  grant  of  the  certificate,  sustained  injury  or  damage  or 
been found unseaworthy or otherwise inefficient. 

(2) No Customs Collector shall grant a port clearance, nor shall any pilot be assigned, to any ship 
for which a certificate of survey is required by this Part until after the production by the owner, agent 
or master thereof of a certificate under this Part in force and applicable to the voyage on which she is 
about to proceed or the service on which she is about to be employed. 

(3) If any ship for which a certificate of survey is required by this Part, leaves or attempts to leave 
any  port of survey  without  a  certificate,  any  Customs  Collector  or  any  pilot  on board the  ship  may 
detain her until she obtains a certificate. 

1. Subs. by Act 69 of 1976, s. 2, for “unberthed passenger ships”(w.e.f. 1-12-1976).  

2. Subs. by s. 2, ibid., for “unberthed passengers” (w.e.f. 1-12-1976). 

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221. Power of surveyor.―(1) The owner or agent of every passenger ship for which a certificate 

of survey is required under this Part shall cause it to be surveyed in the prescribed manner. 

(2) For the purposes of a survey under this Part, a surveyor may, at any reasonable time,  go on 
board a ship, and may inspect the Ship and any part thereof, and the machinery, equipment or articles 
on board thereof: 

Provided  that  he  does  not  unnecessarily  hinder  the  loading  or  unloading  of  the  ship,  or 

unnecessarily detain or delay her from proceeding on any voyage. 

(3)  The  owner,  agent,  master  and  every  officer  of  the  ship  shall  afford  to  the  surveyor  all 
reasonable facilities for a survey, and all such information respecting the ship and her machinery and 
equipment, or any part thereof, respectively, as the surveyor reasonably requires. 

 222.  Fees  in  respect  of  survey.―Before  a  survey  under  this  part  is  commenced,  the  owner, 
agent or master of the ship to be surveyed shall pay to such officer as, the Central Government may 
appoint in this behalf— 

(a) a fee calculated on the tonnage of the ship according to the prescribed rates; 

(b)  when  the  survey  is  to  be  made  in  any  port  of  survey  other  than  Bombay,  Calcutta  or 
Madras, such additional fee, in respect of the expense (if any) of the journey of the surveyor to the 
port, as the Central Government may by order direct. 

223. Declaration of survey.―When a survey under this Part is completed, the survey or making 
it shall forthwith, if satisfied that he can with propriety do so, deliver to the owner, agent or master of 
the ship surveyed a declaration of survey in the prescribed form containing the following particulars, 
namely:― 

(a) that the hull and machinery of the ship are sufficient for the service intended and in good 

condition; 

(b) that the equipment of the ship is in such condition and that the certificates of the master, 
mates, engineers or engine-drivers and of the radio telegraphy operators, are such, as are required 
by this Act or any other law for the time being in force and applicable to the ship; 

(c) the time (if less than one year) for which the hull, machinery and equipment of the ship 

will be sufficient; 

(d)  the  voyages  or  class  of  voyages,  on  which,  as  regards  construction,  machinery  and 

equipment, the ship is the surveyor‟s opinion fit to ply; 

(e)  the  number  of  passengers  which  the  ship  is  in  the  opinion  of  the  survey,  fit  to  carry, 
distinguishing, if necessary, between the respective numbers to be carried on the deck and in the 
cabins and in different parts of the deck and cabins; the number to be subject to such conditions 
and variations, according to the time of year, the nature of the voyage the cargo carried or other 
circumstances as the case requires; and 

(f) any other prescribed particulars. 

224.  Sending  of  declaration  by  owner,  agent  or  master  to  Central  Government.―(1)  The 
owner, agent or master to whom a declaration of survey is given shall, within fourteen days after the 
dale of the receipt thereof, send the declaration to such officer as the Central Government may appoint 
in this behalf. 

(2) If the owner, agent or master fails to do so, he shall forfeit a sum not exceeding five rupees for 
every day during which the sending of the declaration is delayed and shall pay any sum so forfeited 
on the delivery of the certificate of survey. 

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 225.  Grant  of  certificate  of  survey  by  Central  Government.―(1)  Upon  receipt  of  a 
declaration of survey, the Central Government shall, if satisfied that the provisions of this Part have 
been  complied  with,  cause  a  certificate,  in  duplicate,  to  be  prepared  and  delivered,  through  such 
officer  at  the  port  at  which  the  ship  was  surveyed  as  the  Central  Government  may  appoint  in  this 
behalf, to the owner, agent or master of the ship surveyed, on his applying and paying the sums (if 
any) mentioned in section 224 as payable on the delivery of a certificate. 

(2)  A  certificate  granted  under  this  section  shall  be  in  the  prescribed  form;  shall  contain  a 
statement to the effect that the provisions of this Part with respect to the survey of the ship and the 
transmission of the declaration of survey in respect thereof have been complied with; and shall also 
set forth. 

(a) the particulars concerning the ship which clauses (c), (d) and (e) of section 223 require the 

declaration of survey to contain; and 

(b) any other prescribed particulars. 

 226.  Power  of  Central  Government  to  order  a  second  survey.―(1)  If  a  surveyor  making  a 
survey under this part refuses to give a declaration of survey under section 223 with regard to any ship 
or gives a declaration with which the owner or agent or master of the ship surveyed is dissatisfied, the 
Central Government may, on the application of the owner, agent or master, and the payment by him 
of  such  fee,  not  exceeding  twice  the  amount  of  the  fee  for  the  previous  survey,  as  the  Central 
Government may require, direct any other surveyor to survey the ship. 

(2)  The  surveyor  so  directed  shall  forthwith  survey  the  ship,  and  may,  after  the  survey,  either 
refuse to give a declaration or give such declaration as under the circumstances seems to him proper, 
and his decision shall, save as otherwise provided in this Act, be final. 

227. Duration of certificates of survey.―(1) A certificate of survey granted under this Part shall 

not be in force— 

(a) after the expiration of one year from the date of issue; or 

(b) after the expiration of the period, if less than one year, for which the hull, boilers, engines 

or any of the equipment have been stated in the certificate to be sufficient; or 

(c) after notice, has been given by the Central Government to the owner, agent or master of 
the ship to which the certificate relates that the Central Government has cancelled or suspended it. 

(2) If a passenger ship is absent from India at the time when her certificate expires the provisions 
of  this  Part  relating  to  certificate  of  survey  shall  not  be  deemed  to  be  contravened  unless  she  first 
begins to ply with passengers after her next return to India. 

228.  Cancellation  or  suspension  of  certificate  of  survey  by  Central  Government.―(1)  Any 
certificate  of  survey  granted  under  this  Part  may  be  cancelled  or  suspended  by  the  Central 
Government if it has reason to believe— 

(a) that the declaration by the surveyor of the sufficiency of the hull, boilers, engines or any 

of the equipment of the ship has been fraudulently or erroneously made; or 

(b) that the certificate has otherwise been issued upon false of erroneous information. 

(2) Before any certificate of survey is cancelled or suspended under sub-section (1), the holder of 
the certificate shall be given a reasonable opportunity of showing cause why the certificate should not 
be cancelled or suspended, as the case may be: 

Provided that this sub-section shall not apply where the Central Government is satisfied that for 
some  reason  to  be  recorded  in  writing  it  is  not  reasonably  practicable  to  give  to  the  holder  of  the 
certificate an opportunity of showing cause. 

229.  Alterations  in  ships  subsequent  to  grant  of  certificate  of  survey,  and  additional 
surveys.―(1) The owner, agent or master of a ship in respect of which a certificate of survey granted 
under  this  Part is  in  force,  shall,  as  soon  as  possible  after  any  alteration  is  made  in  the  ship‟s  hull, 

94 

 
equipment  or  machinery  which  affects  the  efficiency  thereof  or  the  seaworthiness  of  the  ship,  give 
written notice to such person as the Central Government may direct containing full particulars of the 
alteration. 

(2) If the Central Government has reason to believe that since the making of the last declaration of 

survey in respect of a ship — 

(a) any such alteration as aforesaid has been made in the hull, equipment or machinery of the 

ship; or 

(b) the hull, equipment or machinery of the ship have sustained any injury or are otherwise 

insufficient; 

the Central Government may require the ship to be again surveyed to such extent as it may think fit, 
and, if such requirement is not complied with, may cancel any certificate of survey issued under this 
Part in respect of the said ship. 

230.  Power  to  require  delivery  of  expired  or  cancelled  certificate  of  survey.―Every 
certificate of survey granted under this Part which has expired, or has been cancelled or suspended, 
shall be delivered to such person as the Central Government may direct. 

231. Certificate of survey to be affixed in conspicuous part of ship.―The owner or master of 
every ship for which a certificate of survey has been granted under this Part shall forthwith, on the 
receipt of the certificate cause one of the duplicates thereof to be affixed, and kept affixed so long as 
the certificate remains in force and the ship is in use on some conspicuous part of the ship where it 
may be easily read by all persons on board thereof. 

232. Ship not to carry passengers in contravention of Act.―(1) No ship on any voyage shall 
carry or attempt to carry passengers in contravention of section 220 or shall have on board or in any 
part  thereof  a  number  of  passengers  which  is  greater  than  the  number  set  forth  in  the  certificate  of 
survey as the number of passengers which the ship or the part thereof is fit to carry on that voyage. 

(2) If the master or any other officer of any ship which carries or attempts to carry passengers in 
contravention  of  section  220  is  a  licensed  pilot,  he  shall  be  liable  to  have  his  licence  as  a  pilot 
cancelled or suspended for such period as the Central Government may, by order, specify. 

233.  Offences  in  connection  with  passenger  ships.―(1)  If,  in  the  case  of  a  ship  for  which  a 

certificate of survey has been granted under this Part,― 

Keeping Order in Passenger ships 

(a) any person being drunk or disorderly has been on that account refused admission thereto 
by the owner or any person in his employ and, after having the amount of his fare (if he has paid 
it) returned or tendered to him, nevertheless persists in attempting to enter the ship; 

(b) any person being drunk or disorderly on board the ship is requested by the owner or any 
person in his employ to leave the ship at any place in India at which he can conveniently do so, 
and after having the amount of his fare (if he has paid it) returned or tendered to him, does not 
comply with the request; 

(c) any person on board the ship after warning by the master or other officer thereof, molests 

or continues to molest any passenger; 

(d) any person having gone on board the ship at any place and being requested, on account of 
the  ship  being  full,  by  the  owner  or  any  person  in  his  employ  to  leave  the  ship,  before  it  has 
departed  from  that  place,  and  having  had  the  amount  of  his  fare  (if  he  has  paid  it)  returned  or 
tendered to him, does not comply with that request; 

(e) any person travels or attempts to travel in the ship without first paying his fare and with 

intent to avoid payment thereof; 

(f) any person on arriving in the ship at the place for which he has paid his fare knowingly and 

wilfully refuses or neglects to quit the ship; 

95 

 
 
(g) any person on board the ship fails when requested by the master or other officer thereof 
either to pay his fare or to exhibit such ticket or other receipt, if any, showing the payment of his 
fare as is usually given to persons travelling by and paying fare for the ship;  

he shall be guilty of an offence under this sub-section. 

(2)  No person  on  board  any  such  ship  shall  wilfully do  or cause  to  be done anything  in  such  a 
manner as to obstruct or injure any part of the machinery or tackle of the ship or to obstruct, impede 
or molest the crew or any of them in the navigation or management of the ship or otherwise in the 
execution of their duty on or about the ship. 

(3) The master or other officer of any such ship and all persons called by him to his assistance 
may, without warrant, detain any person who commits any offence under this section and whose name 
and address are unknown to the master or officer and convey the offender with all convenient dispatch 
before  the  1[nearest Judicial  Magistrate  of  the  first  class  or  the  Metropolitan  Magistrate  as the  case 
may be,] to be dealt with according to law. 

234.  Power  to  exclude  drunken  passengers  from  passenger  ships.―The  master  of  any 
passenger ship may refuse to receive on board thereof any person who by reason of drunkenness or 
otherwise is in such a state, or misconducts himself in such a manner, as to cause annoyance or injury 
to passengers on board, and if any such person is on board, may put him on shore at any convenient 
place; and a person so refused admittance or put on shore shall not be entitled to the return of any fare 
he has paid 

235.  Ships  with  certificates  of  survey  or  certificates  of  partial  survey  granted  outside 
India.―(1) When a ship requires to be furnished with a certificate of survey under this Part and the 
Central Government is satisfied— 

(a) by the production of a certificate of survey that the ship has been officially surveyed at a 

port in a country outside India; 

(b)  that  the  requirements  of  this  Act  are  proved  by  that  survey  to  have  been  substantially 

complied with; and 

(c) that certificates of survey granted under this Part are accepted in such country in lieu of 

the corresponding certificates required under the laws in force in that country; 

the Central Government may, if it thinks fit, dispense with any further survey of the ship in respect of 
the  requirements  so  complied  with,  and  give  a  certificate  which  shall  have  the  same  effect  as  a 
certificate given after survey under this Part. 

(2) When the Central Government has, by notification in the Official Gazette, declared that it is 
satisfied that an official survey at a port in a country outside India specified in the declaration is such 
as  to  prove  that  the  requirements  of  this  Act  have  been  substantially  complied  with,  any  person 
authorised by the Central Government in this behalf may exercise the power to dispense with a survey 
and to give a certificate conferred on the Central Government by sub-section (1) in the case of any 
ship furnished with a valid certificate of survey granted at such port. 

(3) The provisions of sub-section (1) shall be applicable in the case of ships furnished with valid 
certificates of partial survey including docking certificates, as if they were ships furnished with like 
certificates granted at ports in countries outside India subject to the modification that the powers of 
the Central Government under the said sub-section may be exercised by any person authorised by the 
Central Government in this behalf. 

 236.  Power  to  make  rules  as  to  surveys.―(1)  The  Central  Government  may,  subject  to  the 
condition of previous publication, make rules to regulate the making of surveys under this Part and the 
provisions to be made for the safety of life at sea. 

1. Subs. by Act 12 of 1983, s. 17 and the Schedule, for “nearest magistrate”(w.e.f.18-5-1983). 

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(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 times and places at which, and the manner in which, surveys are to be made; 

(b)  the  requirements  as  to  construction,  machinery,  equipment  and  marking  of  sub-division 
load lines, which are to be fulfilled by ships generally or by any class of ships in particular before 
a declaration of survey may be granted; 

(c) the survey of ships by two or more surveyors; 

(d)  the  duties  of  the  surveyor  making  a  survey  and,  where  two  or  more  surveyors  are 

employed, the respective duties of each of the surveyors employed; 

(e) the form in which declarations of survey and certificates of survey under this Part are to be 

made and the nature of the particulars to be stated therein respectively; 

(f) the rates according to which the fees payable in respect of surveys are to be calculated in 

the case of all or any of the ports of survey; 

(g)  the  closing  of,  and  keeping  closed,  the  openings  in  ships‟  hulls  and in  water-tight  bulk-

heads; 

(h) the securing of, and keeping in place and the inspection of contrivances for closing any 

such openings as aforesaid; 

(i) the  operation  of  mechanisms  of  contrivances  for  closing  any  such  openings  as  aforesaid 

and the drills in connection with the operation thereof; and 

(j)  the  entries  to  be  made  in  the  official  log  book  or  other  record  to  be  kept  of  any  of  the 

matters aforesaid. 

1[Special trade passenger ships] and pilgrim ships 

237.  Ports  or  places  where  special  trade  passengers  or  pilgrims  may  embark  or  be 
discharged.―(1) Neither 2[a special trade passenger ship] nor a pilgrim ship shall depart or proceed 
from on discharge   3[special trade passengers] or pilgrims, as the case may be, at any port or place 
within  India  other  than  a  port  or  place  appointed  in  this  behalf  by  the  Central  Government  for 
1[special trade passenger ships] or pilgrim ships, as the case may be. 

(2) After a ship has departed or proceeded on a voyage from a port or place so appointed, a person 
shall not be received on board as 4[a special trade passenger] or pilgrim, as the case may be, except at 
some other port or place so appointed. 

238. Notice to be given of day of sailing.―(1) The master, owner or agent of  2[a special trade 
passenger ship] or a pilgrim ship so departing or proceeding shall give notice to an officer appointed 
in  this  behalf  by  the  Central  Government  that  the  ship  is  to  carry  3[special  trade  passengers]  or 
pilgrims and of her destination and of the proposed time of sailing. 

(2) The notice shall be given― 

(a) in the case of 2[a special trade passenger ship], not less than twenty-four hours before that 

time; 

(b) in the case of a pilgrim ship at the original port of departure, if in India, and in any other 
case at the first port at which she touches in India, not less than three days, and at all other ports 
not less than twenty-four hours, before that time. 

1. Subs. by Act 69 of 1976, s. 2, for “unberthed passenger ships”  (w.e.f. 1-12-1976).  
2. Subs. by s. 2, ibid., for “an unbertherd passengers” (w.e.f. 1-12-1976). 
3. Subs. by s. 2, ibid., for “unbertherd passengers” (w.e.f. 1-12-1976). 
4. Subs. by s. 2, ibid., for “an unbertherd passenger” (w.e.f. 1-12-1976). 

97 

 
                                                      
239.  Power  to  enter  on  and  inspect  ship.―After  receiving  the  notice  under  section  238  the 
officer appointed under that section or a person authorised by him in this behalf shall be at liberty at 
all times to enter on the ship and inspect her and her fittings and the provisions and stores on board. 

240. Ship not to sail without certificates A and B.―1[(1) A ship intended to carry special trade 
passengers  between  ports  or  places  in  India  shall  not  commence  a  voyage  from  any  port  or  place 
appointed  under  sub-section  (1)  of  section  237,  unless  the  master  holds  certificates  to  the  effect 
mentioned in sections 241 and 242. 

(1A)  A  ship  intended to  carry  special trade  passengers  from  or  to  a  port  or  place  in  India  to  or 
from  a  port  or  place  outside  India  shall  not  commence  a  voyage  from  any  port  or  place  appointed 
under sub-section (1) of section 237, unless the master holds― 

(i) a passenger ship safety certificate; 

(ii) an exemption certificate; 

(iii) a special trade passenger ship safety certificate; 

(iv) a special trade passenger ship space certificate; and 

(v) a certificate referred to in section 242.] 

(2) The customs Collector whose duty it is to grant a port clearance for the ship shall not grant 
it 2[unless the master holds the appropriate certificate for the voyage specified in sub-section (1), or as 
the case may be in sub-section (1A).] 

3[241.  Contents  of  certificate  A.―(1)  The  first  of  the  certificates  referred  to  in  sub-
section (1) of section 240 (hereinafter called certificate A) shall be in the prescribed form and 
contain such particulars as may be prescribed. 

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

A shall contain the following statements and particulars, namely:― 

(i) that the ship is seaworthy; 

(ii) that the ship is properly equipped, fitted and ventilated; 

(iii) the number of special trade passengers the ship is certified to carry; and 

(iv) such other particulars as may be prescribed. 

(3) Certificate A shall remain in force for a period of one year from the date of issue or for such 

shorter period as may be specified therein.] 

242. Contents of certificate B.―The second of the certificates (hereinafter called certificate B) 

shall be in the prescribed form and shall state― 

(a) the voyage which the ship is to make, and the intermediate ports (if any) at which she is to 

touch; 

(b) that she has the proper complement of officers and seamen; 
4[(c) that the master holds― 

(i) a certificate of survey and certificate A; or 

(ii) a passenger ship safety certificate accompanied by an exemption certificate, a special 

trade passenger ship safety certificate and a special trade passenger ship space certificate; or 

(iii) a nuclear passenger ship safety certificate;] 

1. Subs. Act 69 of 1976, by s. 4,  for sub-section (1) (w.e.f. 1-12-1976). 
2. Subs. by, s. 4, ibid., for “unless the master holds the aforesaid certificates” (w.e.f.1-12-1976).  
3. Subs. by s. 5, ibid., for section 241 (w.e.f. 1-2-1976). 
4. Subs. by s. 6, ibid., for clause (c) (w.e.f. 1-12-1976). 

98 

 
                                                      
(d) that she has on board such number of medical officers licensed in the prescribed manner 

and such number of attendants, if any, as may be prescribed; 

(e) that food, fuel and pure water over and above what is necessary for the crew, and the other 
things (if any) prescribed for 1[special trade passenger ships] or pilgrim ships, have been placed 
on board, of the quality prescribed, properly packed,  and sufficient to supply the 2[special trade 
passengers]  or  pilgrims  on  board  during  the  voyage  which  the  ship  is  to  make  (including  such 
detention in quarantine as may be probable) according to the prescribed scale; 

(f) in the case of  3[a special trade passenger ship], if the ship is to make a voyage in season of 
foul  weather  specified  as  such  in  the  rules  made  under  section  262,  and  to  carry  upper-deck 
passengers,  that  she  is  furnished  with  substantial  bulwarks  and  a  double  awning  or  with  other 
sufficient protection against the weather; 

(g) in the case of 3[a special trade passenger ship], the number of cabin and  2[a special trade 

passengers] embarked at the port of embarkation; 

(h) such other particulars, if any, as may be prescribed for  1[special trade passenger ships] or 

pilgrim ships, as the case may be. 

243. Officers entitled to grant certificates.―The person by whom certificate A and certificate B 
are to be granted shall be the officer appointed under section 238 who is hereinafter referred to as the 
certifying officer. 

244.  Survey  of  ship.―After receiving  the  notice  required  by  section  238,  the certifying  officer 
may,  if  he  thinks  fit,  cause  the  ship  to  be  surveyed  at  the  expense  of  the  master  or  owner  by  a 
surveyor,  who  shall  report  to  him  whether  the  ship  is,  in  his  opinion,  seaworthy  and  properly 
equipped, fitted and ventilated for the service on which she is to be employed: 

4[Provided that he shall not cause a ship holding a valid certificate referred to in sub-clause (i) or 
sub-clause (ii) or sub-clause (iii) of clause (c) of section 242 to be surveyed unless, by reason of the 
ship  having  met  with  damage  or  having  undergone  alterations,  or  on  other  reasonable  grounds,  he 
considers it likely that she may be found unseaworthy or not properly equipped, fitted or ventilated for 
the service on which she is to be employed.] 

245.  Discretion  as  to  grant  of  certificate  B.―(1)  The  certifying  officer  shall  not  grant  a 
certificate B if he has reason to believe that the leather conditions are likely to be adverse or that the 
ship  has  on  board  any  cargo  likely  from  its  quality,  quantity  or  mode  of  stowage  to  prejudice  the 
health or safety of the 5[special trade passenger] or pilgrims. 

(2) Save as aforesaid, and subject to the provisions of sub-section (3), it shall be in the discretion 
of the certifying officer to grant or withhold the certificate, and when he withholds the certificate, the 
reasons for so doing shall be communicated to the person concerned. 

(3)  In  the  exercise  of  that  discretion  that  officer  shall  be  subject  to  the  control  of  the  Central 

Government or of such authority as the Central Government may appoint in this behalf. 

246. Copy of certificate A to be exhibited.―The master or owner shall post up in a conspicuous 
part of the ship, so as to be visible to the persons on board thereof, a copy of certificate A granted 
under this Part in respect of the ship and shall keep that copy so posted up as long as it is in force. 

1. Subs. by Act 69 of 1976, s. 2, for “unberthed passenger ships” (w.e.f. 1-12-1976). 
2. Subs. by s. 2, ibid., for “unberthed passengers” (w.e.f. 1-12-1976). 
3. Subs. by s. 2, ibid., for “un unberthed passenger ship” (w.e.f. 1-12-1976). 
4. The proviso subs. by s. 7, ibid. (w.e.f. 1-12-1976). 
5. Subs. by s. 2, ibid., for “unberthed passenger” (w.e.f. 1-12-1976). 

99 

 
                                                      
247.  Special  trade  passengers  or  pilgrims  to  be  supplied  with  prescribed  provisions.―(1) 
The  master  of 1[a  special  trade  passenger  ship]  or  any  contractor  employed  by  him  for  the  purpose 
shall not, without reasonable excuse, the burden of proving which shall lie upon him, omit to supply 
to any 2[special trade passenger] the prescribed allowance of food, fuel and water, and the master of a 
pilgrim ship, or any contractor employed by him for the purpose shall not, without reasonable excuse, 
the  burden  of  proving  which  shall  lie  upon  him,  omit  to  supply  to  any  pilgrim  the  prescribed 
allowances of food and of water as required by the provisions of this Part. 

(2) Where, under the terms of the ticket issued to 3[a special trade passenger] he is not entitled to 
the supply of food by the master or owner or agent of the ship, sub-section (1) shall, in the case of 
such passenger, have effect as if the reference to “food” in that sub-section were omitted. 

248. Number of passengers on board not to exceed that allowed by or under this Part.―(1) 
1[a  special  trade  passenger  ship]  or  a  pilgrim  ship  shall  not  carry  a  number  of  4[special  trade 
passengers] or pilgrims, which is greater than the number allowed for the ship by or under this Part. 

(2) Any officer authorised in this behalf by the Central Government may cause all 4[special trade 
passengers] or pilgrims over and above the number allowed by or under this Part to disembark, and 
may forward them to any port at which they may have contracted to land, and recover the cost of so 
forwarding them from the master, owner or agent of the ship as if the cost were a fine imposed under 
this Part, and a certificate under the hand of that officer shall be conclusive proof of the amount of the 
cost aforesaid. 

249. Special trade passenger or pilgrim not to be landed at a place other than that at which 
he  has  contracted  to  land.―No  master,  owner  or  agent  of  1[a  special  trade  passenger  ship]  or  a 
pilgrim ship shall land any 2[special trade passenger] or pilgrim at any port or place other than the port 
or place at which the 2[special trade passenger] or pilgrim may have contracted to land, unless with his 
previous  consent,  or  unless  the  landing  is  made  necessary  by  perils  of the  sea  or  other  unavoidable 
accident. 

250.  forwarding  of  passengers  by  Indian  consular  officers.―(1)  If  any  2[special  trade 
passenger] from a ship which is on a voyage from any port or place in India finds himself without any 
neglect or default of his own at any port or place outside India other than the port or place for which 
the ship was originally bound or at which he has contracted that he should land; the Indian consular 
officer at or near that port or place may forward the passenger to his intended destination, unless the 
master, owner or agent of the ship within forty-eight hours of the arrival of the passenger gives to that 
officer  a  written  undertaking  to  forward  the  passenger  within  six  weeks  thereafter  to  his  original 
destination and forwards him accordingly within that period. 

(2)  A  passenger  so  forwarded  by  or  by  the  authority  of  an  Indian  consular  officer  shall  not  be 

entitled to the return of his passage money or to any compensation for loss of passage. 

251.  Recovery  of  expenses  incurred  in  forwarding  passengers.―(1)  All  expenses  incurred 
under  section  250  by  an  Indian  consular  officer  in  respect  of  the  forwarding  of  a  passenger  to  his 
destination including the cost of maintaining the passenger until forwarded to his destination shall be 
a debt due to the Central Government jointly and severally from the owner, charter, agent and master 
of the ship on board which the passenger had embarked. 

(2) In any proceeding for the recovery of that debt a certificate purporting to be under the hand of 
the  Indian  consular  officer  and  stating  the  circumstances  of  the  case  and  the  total  amount  of  the 
expenses shall be prima facie evidence of the amount of the expenses and of the facts that the same 
were duly incurred. 

252. Ship not to make voyage in contravention of contract.―The master, owner or agent of 1[a 
special trade passenger ship] or a pilgrim ship shall not, otherwise than by reason of perils of the sea 

1. Subs. by Act 69 of 1976, s. 2, for “an unberthed passenger ship” (w.e.f.1-12-1976). 
2. Subs. by s. 2, ibid., for “unberthed passenger” (w.e.f. 1-12-1976). 
3. Subs. by s. 2, ibid., for “an unberthed passenger” (w.e.f. 1-12-1976). 
4. Subs. by s. 2, ibid., for “unberthed passengers” (w.e.f. 1-12-1976). 

100 

 
                                                      
or  other  unavoidable  accident,  allow  the  ship  to  touch  at  any  port  or  place  in  contravention  of  any 
express  or  implied  contract  or  engagement  with  the  1[special  trade  passengers]  or  pilgrims  with 
respect  to  the  voyage  which  the  ship  was  to  make  and  the  time  which  that  voyage  was  to  occupy, 
whether the contract or engagement was made by public advertisement or otherwise. 

253.  Information  to  be  sent  to  ports  of  embarkation  and  discharge.―(1)  The  officer 
appointed  by  the  Central  Government  in  this  behalf  at  any  port  or  place  within  India  at  which  2[a 
special trade passenger ship] or a pilgrim ship touches or arrives, shall send any particulars which he 
may deem important respecting the  3[special trade passenger ship] or pilgrim ship, and the  1[special 
trade passengers] or pilgrims carried therein, to the officer at the port or place from which the ship 
commenced her voyage, and to the officer at any other port or place within India where the 1[special 
trade passengers] or pilgrims or any of them embarked or are to be discharged. 

(2) The officer aforesaid may go on board any ship referred to in sub-section (1) and inspect her 
in order to ascertain whether the provisions of this Act as to the number of 1[special trade passengers] 
or pilgrims and other matters have been complied with. 

254. Reports, etc., under section 253 to be admissible in evidence.―In any proceeding for the 
adjudication of any penalty incurred under this Part, any document purporting to be a report of such 
particulars  as  are referred to  in  sub-section (1)  of  section  253,  or  a copy  of  the  proceedings  of  any 
court of justice duly authenticated, and also any like document purporting to be made and signed by 
an  Indian  consular  officer  shall  be  received  in  evidence,  if  it  appears  to  have  been  officially 
transmitted to any officer at or near the place where the proceeding under this Part is held. 

4* 

* 

* 

* 

* 

255. Destination of ship, time of sailing, etc., to be advertised.―(1) The master, owner or agent 
of  a  2[a  special  trade  passenger  ship]  departing  or  proceeding  from  any  port  or  place  in  India 
appointed in this behalf by the Central Government under sub-section (1) of section 237 shall issue at 
such port or place in the prescribed manner an advertisement, containing the particulars required to be 
stated in the notice under sub-section (1) of section 238; and such advertisement shall be issued before 
such reasonable and sufficient interval as may be prescribed before the date of sailing of any such ship 
from such port or place. 

(2)  The  Central  Government  may,  by  order  in  writing,  exempt  any  class  of  ships  from  the 

operation of sub-section (1). 

5[(3) The master, owner or agent of any ship which is intended to sail on a voyage as a pilgrim 
ship from any port or place in India shall, before advertising such ship for the conveyance of pilgrims 
or offering to convey any pilgrim by such ship or selling or promising or permitting any person to sell 
a passenger ticket to any pilgrim for conveyance by such ship, supply to the officer appointed in this 
behalf  (hereinafter  referred  to  as  the  pilgrim  officer)  at  the  port  or  place  from  which  the  ship  is  to 
commence the voyage, and at each port or place in India at which she is to touch for the purpose of 
embarking pilgrims, full particulars as to the name, tonnage and age of the ship, the maximum number 
of passage tickets of each class to be issued, the maximum price of each class of passage tickets, the 
probable date on which the ship is to sail from that port or place, the ports, if any, at which she is to 
touch, the place of her destination, and the probable date of her arrival thereat. 

(4) The master, owner or agent of the ship shall supply to the pilgrim officer, within three days 

from  the  date  of  demand,  such  further  information  in  regard  to  the  matters  mentioned  in                          
sub-section (3) as that officer may in writing demand from him. 

1. Subs. by Act 69 of 1976, s. 2, for “unberthed passengers” (w.e.f. 1-12-1976). 
2. Subs. by s. 2, ibid., for “an unberthed passenger ship” (w.e.f. 1-12-1976). 
3. Subs. by s. 2, ibid., for “unberthed passenger ship” (w.e.f. 1-12-1976). 
4. The heading “special provisions relating to unberthed passenger ships” omitted by  s.  8, ibid. (w.e.f.1-12-1976). 
5. Ins. by s. 9, ibid. (w.e.f. 1-12-1976). 

101 

 
 
 
 
 
 
 
 
 
                                                      
(5) (a) The master, owner or agent of the ship shall advertise at such port or place and in such 

manner as may be prescribed― 

(i) the place of destination of the ship, 
(ii)  the  price  of  each  class  of  passage  tickets  which  shall  not  be  in  excess  of  the  price 

communicated to the pilgrim officer under sub-section (3), and 
(iii) the provisional date of sailing from that port or place. 

(b) The  master,  owner  or agent  of the  ship  shall  also  advertise  the  final  date  of  sailing  not less 

than fifteen days before such date. 

(6) No master, owner or agent shall― 

(a) without reasonable cause, the burden of proving which shall lie upon him, fail or refuse to 
supply any particulars or information which he is by or under this section required to supply or 
supply false particulars or information; or 

(b) advertise any ship for the conveyance of pilgrims, or offer to convey pilgrims by any ship, 
or sell or promise or permit any person to sell passage tickets to pilgrims for conveyance by any 
ship, without having first supplied the particulars required by sub-section (3) and in accordance 
with the provisions of that sub-section (3); or 

(c)  advertise  a  price  for  passage  tickets  at  the  port  or  place  in  excess  of  the  price 

communicated to the pilgrim officer under sub-section (3); or 

(d) offer to convey pilgrims by any ship from any port or place in India or sell or promise or 
permit any person to sell passage tickets to pilgrims for conveyance by a ship from any such port 
or  place  without  having  advertised  as  required  by  clause  (a)  of  sub-section  (5),  the  matters 
specified in that clause; or 
(e) sell or permit any person to sell to any pilgrim any passage ticket at a price in excess of the 

price communicated to the pilgrim officer under sub-section (3).] 

256.  Ship  taking  additional  passengers  at  intermediate  place.―1[(1)  If  any 2[special  trade 
passenger ship] performing a voyage between ports or places in India takes additional 3[special trade 
passengers]  on  board  at  an  intermediate  port  or  place,  the  master  shall  obtain  from  the  certifying 
officer 4[or  such  other  officer  as  the  Central  Government  may  appoint  in  this  behalf]  at  the  port  or 
place a supplementary certificate stating― 

(a) the number of 3[special trade passengers] so taken on board; and 
(b) that food, fuel and pure water over and above what is necessary for the crew, and the other 
things,  if  any,  prescribed  for  the  ship,  have  been  placed  on  board,  of  the  quality  prescribed, 
properly  packed  and  sufficient  to  supply  the 3[special  trade  passengers]  on  board  during  the 
voyage  which  the  ship  is  to  make  (including  such  detention  in  quarantine  as  may  be  probable) 
according to the scale for the time being prescribed: 
Provided  that,  if  the  certificate  B  held  by  the  master  of  the  ship  states  that  food,  fuel  and  pure 
water over and above what is necessary for the crew, and the other things, if any, prescribed for her, 
have been placed on board, of the quality prescribed, properly packed and efficient to supply the full 
number of 3[special trade passengers] which she is capable of carrying, the master shall not be bound 
to  obtain  any  such  supplementary  certificate,  but  shall  obtain  from  the  certifying  officer  an 
endorsement on the certificate B showing the number of passengers taken on board, and the number 
of passengers discharged, at that port or place. 

3[(2) In either of the following cases, namely:― 

(a) if after a pilgrim ship has departed or proceeded on her voyage any additional pilgrims are 
taken  on  board  at  a  port  or  place  within  India  appointed  under this  Part  for  the  embarkation  of 
pilgrims, or 

1. Section 256 renumbered as sub-section (1) thereof by Act 69 of 1976, s.10 (w.e.f.1-12-1976).   
2. Subs. by s. 2, ibid., for “unberthed passenger ship” (w.e.f. 1-12-1976).  
3. Subs. by s. 2, ibid., for “unberthed passengers” (w.e.f. 1-12-1976). 
4. Ins. by s. 10, ibid. (w.e.f. 1-12-1976). 

102 

 
                                                      
(b)  if  a  pilgrim  ship  upon  her  voyage  touches  or  arrives  at  any  such  port  or  place,  having 

previously received on board additional pilgrims at any port or place outside India, 

the  master  shall  obtain  a  fresh  certificate  B  from  the  certifying  officer  or  such  other  officer  as  the 
Central  Government  may  appoint  in  this  behalf  at  that  port  or  place,  and  shall  make  an  additional 
statement specifying the number and the respective sexes of all the additional pilgrims.] 

 257.  Statements  concerning  passengers.―(1)  The  master  of 1[a  special  trade  passenger  ship] 
departing or proceeding on a voyage from a port or place in India to a port or place outside India shall 
sign a statement in duplicate, specifying the number and the respective sexes of all the 2[special trade 
passengers], and the number of the crew, and shall deliver both copies to the certifying officer, 3[or 
such other officer as the Central Government may appoint in this behalf] who shall thereupon, after 
having first satisfied himself that the entries are correct, countersign and return to the master one copy 
of the statement. 

(2) In either of the following cases, namely:― 

(a) if after the ship has departed or proceeded on such a voyage any additional 2[special trade 
passengers]  are  taken  on  board at a  port or  place  within  India  appointed  under this  Part for  the 
embarkation of 2[special trade passengers;] or 

(b) if the ship upon her voyage touches or arrives at any such port or place, having previously 

received on board additional 2[special trade passengers] at any port or place outside India; 

the master shall obtain a fresh certificate to the effect of certificate B from the certifying officer 4[or 
such  other  officer  as  the  Central  Government  may  appoint  in  this  behalf]  at  that  port  or  place,  and 
shall make an additional statement specifying the number and the respective sexes of all the additional 
passengers. 

4[(3)  The  master  of  every  pilgrim  ship  departing  or  proceeding  from  any  port  or  place  in  India 
shall  sign  a  statement  in  duplicate  in  the  prescribed  form  specifying  the  total  number  of  all  the 
pilgrims embarked and the number of pilgrims of each sex embarked and the number of the crew and 
such other particulars as may be prescribed and shall deliver both copies to the certifying officer or 
such other officer as the Central Government may appoint in this behalf at the port or place and such 
officer shall thereupon, after having first satisfied himself that the entries are correct, countersign and 
return to the master one copy of the statement. 

(4)  The  master  of  every  pilgrim  ship  arriving  at  any  port  or  place  in  India  at  which  it  may  be 
intended  to  discharge  pilgrims,  shall,  before  any  pilgrims  disembark,  deliver  a  statement  signed  by 
him specifying the total number of all the pilgrims on board and the number of pilgrims of each sex 
and the number of the crew, and such other particulars as may be prescribed to the certifying officer 
or such other officer as the Central Government may appoint in this behalf at the port or place.] 

258.  Death  of 2[special  trade  passengers]  on  voyage.―(1)  The  master  of  any   5[special  trade 
passenger ship] performing a voyage between ports or places in India, shall, on arrival at her port of 
destination,  notify  to  the  certifying  officer  or  such  other  officer  as  the  Central  Government  may 
appoint in this behalf, the date and supposed cause of death of every 6[special trade passenger] who 
may die on the voyage. 

(2) The master of any 2[special trade passenger ship] performing a voyage between a port or place 
in  India  and  a  port  or  place  outside  India,  shall  note  in  writing  on  the  statement  or  the  additional 
statement  referred  to  in  section  257  the  date  and  supposed  cause  of  death  of  any   6[special  trade 
passengers]  who  may  die  on  the  voyage,  and  shall,  when  the  ship  arrives  at  her  port  or  place  of 

1. Subs. by Act 69 of 1976, s. 2, for “an unberthed passenger ship” (w.e.f. 1-12-1976). 
2. Subs. by s. 2, ibid., for “unberthed passenegers” (w.e.f. 1-12-1976). 
3. Ins. by s. 11, ibid. (w.e.f. 1-12-1976). 
4. Ins. by s. 11, ibid. (w.e.f. 1-12-1976). 
5. Subs. by s. 2, ibid., for “unberthed passenger ship” (w.e.f. 1-12-1976). 
6. Subs. by s. 2, ibid., for “unberthed passenger” (w.e.f. 1-12-1976). 

103 

 
                                                      
destination or at any port or place where it may be intended to land 1[special trade passengers], and 
before, any passenger leaves the ship, produce the statement with any additions made thereto― 

(a) where such port or place is in India, to the certifying officer or such other officer as the 

Central Government may appoint in this behalf; 

(b) where such port or place is outside India, to the Indian consular officer. 

2[(3) The master of every pilgrim ship shall note in writing on the copy of the additional statement 
referred to in sub-section (2) of section 256 or of the statement referred to in sub-sections (3) and (4) 
of section 257, the date and supposed cause of death of any pilgrim who may die on the voyage, and 
shall, when the pilgrim ship arrives at her port or place of destination or at any port or place where it 
may  be  intended  to  discharge  pilgrims,  and  before  any  pilgrims  disembark,  produce  the  statement, 
with any additions made thereto,― 

(a) where such port or place is in India, to the certifying officer or such other officer as the 

Central Government may appoint in this behalf; 

(b) where such port or place is outside India, to the Indian consular officer.] 

 259. Certain ships to carry medical officer and attendants.―(1) Every ship carrying 1[special 
trade passengers] and crew not exceeding one thousand in number, shall have on board as part of her 
complement at least one medical officer possessing such qualification as may be prescribed. 

(2) Every ship carrying  1[special trade passengers] and crew exceeding one thousand in number 
shall,  in  addition  to  a  medical  officer,  have  on  board  as  part  of  her  complement  such  number  of 
medical attendants as may be prescribed. 

(3)  Every  ship  carrying  1[special  trade  passengers]  shall  be  provided  with  a  hospital  with  such 

medical stores and equipment as may be prescribed. 

 2[(4)(a)  Every  pilgrim  ship  carrying  pilgrims  and  crew  not  exceeding  one  thousand  in  number 
shall have on board a medical officer possessing such qualifications as may be prescribed, and, if the 
number  of  pilgrims  and  crew  carried  exceeds  one  thousand,  a  second  medical  officer  similarly 
qualified and also in all cases such medical attendants as may be prescribed. 

(b)  A  medical  officer  of  every  pilgrim  ship  shall  perform  such  duties  and  functions,  keep  such 

diaries and submit such reports or other returns as may be prescribed. 

(c) No medical officer or attendant on a pilgrim ship shall charge any pilgrim on such ship for his 

services.] 

260. Bringing passengers from foreign port in excess of authorised number prohibited.―No 
owner, agent or master of  3[special trade passenger ship] shall carry or cause to be carried from any 
port or place outside India to any port or place in India a number of passengers greater than― 

(a) the number allowed for the ship by or under this Part, or 

(b) the number allowed by the licence or certificate, if any, granted in respect of the ship at 

her port or place of departure, whichever number is less. 

261.  [Passenger  welfare  cess.]  Rep.  by  the  Finance  Act,  2016  (28  of  2016),  s.  239  and  the 

Fifteenth Schedule (w.e.f. 14-5-2016).     

1. Subs. by Act 69 of 1976, s. 2, for “unberthed passengers” (w.e.f. 1-12-1976). 
2. Ins. by s. 13, ibid. (w.e.f. 1-12-1976). 
3. Subs. by s. 2, ibid., for “an unberthed passenger ship” (w.e.f. 1-12-1976).   

104 

 
                                                      
1[261A.  Bunks  to  be  provided  for  passengers.―Every  special  trade  passenger  ship  making  a 
voyage the duration of which, in ordinary circumstances, may extend to seventy-two hours or more 
shall provide for each passenger on board a bunk of the prescribed size and particulars. 

261B.  Space  to  be  provided  for  passengers  when  bunks  are  not  provided.―Every  special 
trade passenger ship making a voyage the duration of which in ordinary circumstances may not extend 
to seventy-two hours shall provide space for each passenger at the prescribed scale. 

261C.  Airing  space  to  be  provided for  passengers.―Every  special  trade  passenger  ship  shall 
have reserved as airing space for the use of passengers on board, gratuitously by day and by night, so 
much of the upper deck as is not required for the airing space of the crew or for permanent structure: 

Provided that the upper deck space so provided for passengers shall in no case be less than 0.37 

square meter for each passenger.] 

262.  Power  to  make  rules  as  to  2[special  trade  passenger  ships].―The  Central  Government 
may, subject to the condition of previous publication, make rules to regulate, in the case of a  2[special 
trade passenger ships] or any class of such ships, all or any of the following matters, namely:― 

(a) the classification of voyages with reference to the distance between the port of departure 
and  the  port  of  destination,  the  duration  of  the  voyage,  or  any  other  consideration  which  the 
Central Government may think fit to take into account for the purpose;  

(b) the seasons of fair weather and seasons of foul weather for purposes of any voyage;  
(c)  the  space  to  be  allowed  for 3[special  trade  passengers]  in  respect  of  different  classes  of 

voyages and for seasons of fair and foul weather;  

(d) the disallowance of any space considered unsuitable by the surveyor for the carriage of  

3[special trade passengers;]  

(e) the space to be set apart for alleyways, passages and the like;  
(f) the provision of airing space for 3[special trade passengers;]  

(g)  the  scale  according  to which  dining  rooms,  latrines,  wash  places,  baths,  dressing  rooms 

and other amenities are to be provided;  

(h) the provision of separate accommodation for women and children;  

(i) the prohibition or regulation of the carriage of cargo in any space reserved for passengers;  
(j) where the deck on which 3[special trade passengers] are accommodated is not covered with 

wood, the nature of the sheathing to be provided in the space reserved for passengers;  

(k) the disposal of baggage of passengers on board ship and the provisions of separate space 

in between-decks for the storage of light baggage;  

(l) the conditions under which passengers may be allowed to be carried in the upper deck in 

seasons of foul weather;  

(m)  the  provision  of  bunks  for 3[special  trade  passengers]  or  for  any  proportion  of  such 
passengers on any specified classes of voyages, and the size and other particulars relating to the 
bunks to be so provided;  

(n) the scale on which food, fuel and water are to be supplied to passengers or to any class of 

passengers, and the quality of the food, fuel and water;  

(o)  the  nature  and  extent  of  hospital  accommodation  and  the  medical  stores  and  other 

appliances and fittings to be provided on board for maintaining health, cleanliness and decency;  

1. Ins. by Act 69 of 1976, s. 14 (w.e.f. 1-12-1976). 
2. Subs. by s. 2, ibid., for “unberthed passenger ships” (w.e.f. 1-12-1976). 
3. Subs. by s. 2, ibid., for “unberthed passengers” (w.e.f. 1-12-1976).  

105 

 
                                                      
(p) the licensing and appointment of medical officers and attendants in cases where they are 

required by this Part to be carried;  

(q) the boats, anchors and cables to be provided on board;  

(r) the instruments for purposes of navigation to be supplied;  

(s) the functions of the master, medical officer (if any) and other officers of the ship during 

the voyage;  

(t) the access of between-decks passengers to the upper deck;  

(u) the local limits within which, and the time and mode at and in which, passengers are to be 

embarked or discharged at any port or place appointed under this Part in that behalf;  

(v) the time within which any ship of a specified class is to depart or proceed on her voyage 

after commencing to take passengers on board;  

(w) the conditions under which live-stock may be allowed to be carried;  

(x) the licensing,  supervision  and  control  of persons engaged  in  assisting  persons  to obtain  
1[special trade passenger] accommodation in ships departing or proceeding from any port or place 
in India and the prohibition of unlicensed persons from being so engaged;  

2* 

* 

* 

* 

* 

 (z) generally to carry out the purposes of this Part relating to  [special trade passenger ships.]  

3*** 

263.  [Banks to  be  provided  for pilgrims.]  Omitted  by  the  Merchant  Shipping  (Amendment)  Act, 

1976 (69 of 1976), s. 15 (w.e.f. 1-12-1976). 

4[264. Hospital accommodation.―Every special trade passenger ship  certified to  carry 
more  than  one  hundred  passengers  on  a  voyage  the  duration  of  which,  in  ordinary 
circumstances,  may  extend  to  forty-eight  hours  or  more,  shall  provide  on  board  a  hospital 
offering  such  conditions  relating  to  security,  space,  health  and  sanitation  and  capable  of 
accommodating such proportion of the maximum number of passengers the ship is certified 
to carry, as may be prescribed.] 

265.  [Statements  concerning  pilgrims  to  be  delivered  before  ship  departs.]  Omitted  by  the 

Merchant Shipping (Amendment) Act, 1976 (69 of 1976), s. 17 (w.e.f. 1-12-1976). 

266. [Pilgrim ships taking additional pilgrims at intermediate places.] Omitted by the Merchant 

Shipping (Amendment) Act, 1976 (69 of 1976), s. 17 (w.e.f. 1-12-1976). 

267.  [Particulars  relating  to  deaths  of  pilgrims  on  voyage.]  Omitted  by  the  Merchant  Shipping 

(Amendment) Act, 1976 (69 of 1976), s. 17 (w.e.f. 1-12-1976). 

268. [Statement concerning pilgrims to be delivered before pilgrims disembark in India.] Omitted 

by the Merchant Shipping (Amendment) Act, 1976 (69 of 1976), s. 17 (w.e.f. 1-12-1976). 

269. [Certain pilgrim ships to carry medical officers and attendants.] Omitted by the Merchant 

Shipping (Amendment) Act, 1976 (69 of 1976), s. 17 (w.e.f. 1-12-1976). 

270. Bond where pilgrim ship proceeds on outward voyage.―(1) Port clearance shall not be 
granted from any port in India to any pilgrim ship unless the master, owner or agent and two sureties 
resident in India have executed, in favour of the Central Government, a joint and several bond for the 

1. Subs. by Act 69 of 1976, s. 2, for “unberthed passenger” (w.e.f. 1-12-1976). 
2. Clause (y) repealed Act 28 of 2016, s. 239 and the Fifteenth Schedule (w.e.f. 14-5-2016). 
3.  The  heading  “Special  provisions  regarding  pilgrim  ships”  omitted  by  Act  69  of  1976,  s.  15                 

(w.e.f. 1-12-1976). 

4.  Subs. by s. 16, ibid., for section 264 (w.e.f. 1-12-1976). 

106 

 
 
 
 
 
 
 
 
                                                      
sum of ten thousand rupees or has given such other guarantee or security as may be acceptable to that 
Government  covering  all  voyages  which  may  be  made  by  the  ship  in  the  current  pilgrim  season, 
conditioned that— 

(a) the master and medical officer shall comply with the provisions of this Part and the rules 

made there under, and 

(b) the master, owner or agent shall pay any sum claimed by the Central Government under 

sub-section (2) of section 277, 

(2)  A  bond,  guarantee  or  security  may  be  given  under  this  section  covering  any  or  all  of  the 
pilgrim ships owned by one owner, and in such cases the amount of the bond, guarantee or security 
shall be ten thousand rupees for each ship covered. 

 271. Medical inspection and permission required before embarkation of pilgrims.―(1) No 
pilgrim shall be received on board any pilgrim ship at any port or place in India unless and until he 
has been medically inspected, at such time and place, and in such manner, as the Central Government 
may  fix  in  this  behalf,  nor  until  the  certifying  officer  has  given  permission  for  the  embarkation  of 
pilgrims to commence. 

(2)  The  medical  inspection  of  female  pilgrims  shall,  subject  to  any  rules  which  may  be  made 

under this Act and as far as may be practicable, be carried out by women. 

(3)  No  pilgrim  shall  be  received  on  board  any  pilgrim  ship  unless  he  produces  the  medical 
certificate  signed  by  a  person  who  is  duly  qualified  to  grant  such  certificate,  showing  that  such 
pilgrim― 

(a) has been inoculated against cholera within such period before the inspection, as may be 

prescribed; and 

(b) has been vaccinated against small-pox within such period before the inspection as may be 

prescribed: 

Provided that the officer making the inspection may dispense with the certificate of vaccination, if 

in his opinion the pilgrim has marks showing that he has had small-pox. 

(4)  If,  in  the  opinion  of  the  officer  making  an  inspection  under  this  section,  any  pilgrim  is 
suffering from cholera or choleraic indisposition, or any dangerously infectious or contagious disease, 
or shows any signs of the same or any other suspicious symptoms, such pilgrim shall not be permitted 
to embark. 

(5)  All  articles  which  have  been  contaminated  by  persons  suffering  from  cholera  or  choleraic 
indisposition,  or  any  dangerously  infectious  or  contagious  disease,  or  are  suspected  having  been  so 
contaminated shall, before being taken on board a pilgrim ship, be disinfected, under the supervision 
of a medical officer appointed by the Central Government for the purpose, in such manner as may be 
prescribed. 

272. Medical inspection after embarkation in certain cases.―(1) If in any case a pilgrim ship 
does not proceed on her voyage within forty-eight hours after all the pilgrims have been received on 
board, and there is reason to suspect that any person on board is suffering from cholera or choleraic 
indisposition or any dangerously infectious or contagious disease, a medical inspection of all persons 
on board may be held in such manner as the Central Government may direct. 

(2)  If  on  such  inspection  any  person  is  found  to  be  suffering  from  cholera  or  choleraic 
indisposition or any dangerously infectious or contagious disease, or shows any signs of the same or 
any  other  suspicious  symptoms,  he  shall,  together  with  all  articles  belonging  to  him,  be  at  once 
removed from the ship. 

273. Pilgrims to arrange return passages.―No pilgrim shall be received on board any pilgrim 

ship at any port or place in India unless he— 

(a) is in possession of a return ticket, or 

107 

 
(b) has deposited with the officer authorised in this behalf by the Central Government such 
sum for the purpose of defraying the cost of a return ticket as that Government may specify by 
notification in the Official Gazette: 

Provided  that  the  authorised  officer  may  exempt  any  pilgrim  from  all  or  any  of  the  aforesaid 
requirements,  if  he  is  satisfied  that  it  is  inexpedient,  in  the  special  circumstances  of  the  case,  to 
enforce them. 

 274.  Issue  or  production  of  tickets.―(1)  Every  pilgrim  travelling  on  a  pilgrim  ship  shall  be 
entitled, on payment of his passage money and fulfillment of other prescribed conditions, if any, to 
receive a ticket in the prescribed form, and shall be bound to produce it to such officers and on such 
occasions as may be prescribed and otherwise to deal with it in the prescribed manner: 

Provided that no pilgrim, who has not been exempted under the proviso to section 273, shall be 

given a ticket other than a return ticket unless he has made the deposit required by that section. 

(2) Any ticket issued to a pilgrim for a voyage on a pilgrim ship shall entitle him to receive food 
and water, on the scale and of the quality prescribed and medicines free of further charge, throughout 
the voyage. 

 275.  Refund  of  passage  money  and  deposits.―(1)  Every  pilgrim  prevented  from  embarking 
under  section  271,  or  removed  from  the  ship  under  section  272,  or  otherwise  prevented  from 
proceeding shall be entitled to the refund of any passage money which he may have paid, and of any 
deposit which he may have made under section 273. 

(2)  Any  pilgrim  who,  within  one  year  of  his  sailing  from  India,  satisfies  the  Indian  consular 
officer at Jeddah that he intends to return to India by a route other than the route by which he came 
from India, shall be entitled to a refund of any deposit made by him under section 273, or, if he is in 
possession of a return ticket, to a refund of half the passage money paid by him. 

(3) Where any pilgrim dies in the Hedjaz or on the voyage thereto, any person nominated by him 
in this behalf in writing in the prescribed manner, or, if no person has been so nominated, the legal 
representative of the pilgrim, shall be entitled to a refund of any deposit made by the pilgrim under 
section  273,  or,  if  the  pilgrim  was  in  possession  of  a  return  ticket,  to  a  refund  of  half  the  passage 
money paid by him. 

(4) Where any pilgrim fails to return to India from the Hedjaz within one year of his sailing from 
India,  or  returns  to  India  by  a  route  other  than  the  route  by  which  he  came  from  India,  he  or  any 
person  nominated  by  him  in  this  behalf  in  writing  in  the  prescribed  manner  shall  be  entitled  to  a 
refund of any deposit made by such pilgrim under section 273, or, if such pilgrim was in possession of 
a return ticket, to a refund of half the passage money paid by such pilgrim, except where such deposit 
or passage money has already been refunded under this section. 

(5)  Refunds  under  this  section  of  deposits  shall  be  subject  to  such  conditions  and  of  passage 

money to such deductions and conditions as may be prescribed. 

276. Disposal of unclaimed passage money and deposit.―If any pilgrim,— 

(a) who is entitled to a refund of passage money under sub-section (1) of section 275 does not 

claim such refund within the prescribed period, or 

(b)  who  has  purchased  a  return  ticket,  does  not  on  the  basis  of  such  ticket  obtain  a  return 
passage  from  the  Hedjaz  within  the  prescribed  period  and  the  value  of  the  return  half  of  such 
ticket has not been refunded under section 275, or 

(c) who is entitled under section 275 to a refund of any deposit made under section 273 does 

not claim such refund within the prescribed period, 

such  passage  money  or  value  or  deposit  shall,  subject  to  the  exercise  of  the  rights  conferred  by               
sub-section (4) of section 275, be made over to such authority administering any fund maintained for 

108 

 
the assistance of pilgrims as the Central Government may, by  general or special order, designate in 
this behalf. 

 277. Cost of return journey of pilgrims on ships other than those for which return ticket is 
available.―(1)  The  master,  owner  or  agent  of  every  pilgrim  ship  shall  make  all  arrangements  for 
ensuring the return of all pilgrims in possession of a return ticket issued in India who are carried to the 
Hedjaz by such ship, within a period of ninety days after the Haj day in a year: 

Provided  that,  for  the  purpose  of  computing  the  said  period  of  ninety  days,  no  period  shall  be 
taken into account during which the ship is prevented from carrying pilgrims on the return passage by 
reason of the port of Jeddah having been declared by proper authority to be infected or by reason of 
war, disturbance or any other clause not arising from any act or default of the master, owner or agent. 

(2) Where any such pilgrim who has notified to the prescribed authority in the prescribed manner 
his desire to embark for the return voyage is, owing to his inability to obtain accommodation within 
the period of ninety days aforesaid in a ship for which the return ticket is available, detained at Jeddah 
beyond the said period, the master, owner or agent of the ship in which such pilgrim was carried to the 
Hedjaz shall pay to the Central Government in respect of such pilgrim such sum not exceeding double 
the  sum  received  by  the  master,  owner  or  agent  in  respect  of  the  return  ticket  as  the  Central 
Government claims as the costs of repatriating the pilgrim, together with a sum of rupees five for each 
day after the expiry of the period aforesaid during which the pilgrim has been detained at Jeddah. 

(3) A certificate of such detention purporting to be made and signed by the Indian consular officer 
at Jeddah shall be received in evidence in any court in India without proof of the signature or of the 
official character of the person who has signed the same. 

278.  [Notice  of  sailing of pilgrim  ship.]  Omitted  by Merchant  Shipping  (Amendment)  Act,  1976 

(69 of 1976), s.17 (w.e.f.1-12-1976).] 

279. Compensation for delay in sailing.―(1) If a pilgrim ship fails to proceed from any port or 
place on the date advertised under  1[clause (b) of sub-section (5) of section 255] as the final date of 
sailing  there  from,  the  master,  owner  or  agent  shall  become  liable  to  pay  as  compensation  to  each 
pilgrim  who  has  paid  his  passage  money  on  or  before  such  date  the  sum  of  three  rupees  for  each 
completed day during which the sailing of the ship is delayed after that date: 

Provided that such compensation shall not be payable in respect of any period during which the 
departure  of  the  ship  is  impossible  owing  to  any  cause  not  arising  from  the  act  or  default  of  the 
master, owner or agent, and the burden of proving such cause shall lie on such master, owner or agent: 

Provided further that where compensation has been paid or has become payable to any pilgrim in 
respect of delay in the sailing of the ship from any port or place and the sailing of the ship from any 
other port or place is thereafter delayed beyond the date advertised in that behalf, the pilgrim shall be 
entitled  to  compensation  only  in  respect  of  any  period  by  which  the  duration  of  such  further  delay 
exceeds the duration of the delay in respect of which he has already received or become entitled to 
compensation. 

(2) In the event of such failure the master, owner or agent shall be bound forthwith to inform the 
pilgrim officer at the port or place at which the delay occurs of the number of passage tickets of each 
class which have been issued for the voyage on or before the advertised final date of sailing. 

(3)  Any  sum  payable  as  compensation  under  sub-section  (1)  shall  be  paid  on  behalf  of  the 
pilgrims entitled thereto to the pilgrim officer at the port or place at which the delay occurs on receipt 
by the master, owner or agent of a notice from that officer specifying the sum payable, and that officer 
shall, in such manner as may be prescribed, pay to each such pilgrim the compensation paid in respect 
of his detention: 

Provided that, if an objection is made by the master, owner or agent that the sum specified in any 
such notice or any part of such sum is not payable by him, the sum paid or, as the case may be, the 

1. Subs. by Act 69 of 1976, s. 18, for “clause (b) of sub-section (3) of section 278” (w.e.f. 1-12-1976). 

109 

 
                                                      
balance thereof remaining after payment to the pilgrim entitled thereto of compensation the right to 
which is not in dispute, shall be held in deposit until the objection has been decided: 

Provided further that, if for any reason the compensation due to any pilgrim cannot be paid to him 
at the time of embarkation or at or before the time of his disembarkation at the port of his destination, 
the sum so remaining unpaid shall be made over to such authority administering any fund maintained 
for the assistance of pilgrims as the Central Government may, by general or special order, designate in 
this behalf. 

(4)  If  the  master,  owner  or  agent  objects that  the  sum  specified  in  the  notice  issued  under  sub-
section (3) or any part thereof is not payable by him, he may, at the time of payment of such sum, give 
to the pilgrim officer notice of his objection, together with a statement of the grounds thereof, and the 
pilgrim  officer  shall  thereupon  either  cancel  or  modify  the  aforesaid  notice  in  accordance  with  the 
objection and refund the sum-held in deposit under sub-section (3), or refer the objection for decision 
to a 1[Metropolitan Magistrate or a Judicial Magistrate of the first class] exercising jurisdiction at the 
port or place at which the ship is delayed, whose decision on such reference shall be final; and there 
shall be refunded to the master, owner or agent any amount allowed to him by such decision. 

(5)  On  the  failure  of  any  pilgrim  ship  to  proceed  from  any  port  or  place  on the  date  advertised 
under 2[clause (b) of sub-section (5) of section 255] as the date of final sailing there from, the pilgrim 
officer at that port or place shall forthwith give notice of such failure to the officer authorised to grant 
port clearance to ships thereat, and such officer shall refuse port clearance to the pilgrim ship until the 
master, owner or agent produces to him a certificate of the pilgrim officer that all sums payable by 
way of compensation under this section up to the day on which the ship is to proceed have been paid. 

280.  Substitution  of  ships.―Notwithstanding  anything  contained  in  section  3[255]  or  section 
279; where any ship has been advertised under section 3[255] for the conveyance of pilgrims has been 
or is likely to be delayed beyond the advertised final date of sailing, the owner or agent may, with the 
permission  in  writing  of  the  pilgrim  officer,  substitute  for  it  any  other  ship  which  is  capable  of 
carrying not less than the same number of pilgrims of each class, and on such permission being given 
the advertisement shall be deemed to have been made in respect of the ship so substituted, and all the 
provisions of those sections shall apply accordingly in respect of such ship. 

 281. Sanitary taxes payable by master of pilgrim ship.―The master of every pilgrim ship 
shall be bound to pay the whole amount of the sanitary taxes imposed by lawful authority at 
the  ports  visited  and  such  amount  shall  be  included  in  the  cost  of  the  tickets  issued  to  the 
pilgrims. 

 282. Powers to make rules relating to pilgrim ships.―The Central Government may, subject 
to  the  condition  of  previous  publication,  make  rules to  regulate all  or  any  of  the  following  matters, 
namely:― 

(a) the boats, anchors and cables to be provided on board pilgrim ships; 

(b) the instruments to be supplied for purposes of navigation; 

(c)  the  fittings  and  other  appliances  to  be  provided  in  the  upper  and  between  decks  for  the 

comfort and convenience of pilgrims; 

(d) the scale on which, and the manner in which, cooked and uncooked food and water arc to 

be supplied to pilgrims, and the quality of such food and water; 

1.  Subs.  by  Act  12  of  1983,  s.  17  and  the  Schedule,  for  “Presidency  magistrate  or  a  magistrate  of  the  first  class”             

(w.e.f.18-5-1983).  

2. Subs. by Act 69 of 1976, s. 18, for “clause (b) of sub-section (3) of section 278” (w.e.f. 1-12-1976).  
3. Subs. by s. 19, ibid., for “278” (w.e.f.1-12-1976).  

110 

 
                                                      
(e) the  kinds  of  food to  be  provided  for  pilgrims  on  payment,  in  addition  to  the  food  to  be 
supplied in accordance with the rules made under clause (d), and the charges which may be made 
for the same; 

(f) the quality, quantity and storage of the cargo to be carried;  

(g) the allotment of the upper deck space between the various classes of pilgrims;  

(h) the distribution or disposal of the baggage of pilgrims on board ship; 

(i) the nature and extent of the hospital accommodation and the medical stores, disinfectants, 
and  other  appliances  and  fittings  to  be  provided  on  board  free  of  charge  to  pilgrims  for 
maintaining health, cleanliness and decency; 

(j)  the  form  of  the  statements  to  be  furnished  by  the  master  under 1[section  257]  and  the 

particulars to be entered therein; 

(k) the appointment of medical officers, and other attendants in cases where they are required 
by the provisions of this Part relating to pilgrim ships to be carried, and the diaries, reports and 
other returns to be kept or submitted by such medical officers; 

(l) the manner in which contaminated articles shall be disinfected before being taken on board 

a pilgrim ship; 

(m) the manner in which, and the persons by whom, the medical inspection of women shall be 

carried out; 

(n)  the  manner  in  which  deposits  shall  be  made  for  the  purposes  of  section  273,  and  any 
matter in respect of which provision is, in the opinion of the Central Government, necessary or 
expedient for the purpose of giving effect to the provisions of that section; 

(o) the  manner in  which  provisional bookings  may  be  made,  the  acceptance  of deposits  for 
such bookings and the forfeiture of any part of the deposit in cases in which any such bookings 
are cancelled; 

(p) the supply of tickets to intending pilgrims, the form of such tickets and the conditions and 
other matters to be specified thereon, and the amount of the sanitary taxes to be included in the 
cost thereof; 

(q)  the  refund  of  passage  money  and  deposits  under  section  275  and  the  manner  in  which 

persons shall be nominated under that section for the purpose of entitling them to a refund; 

(r) the period after which unclaimed passage money and deposits liable to be refunded shall 

be disposed of in the manner specified in section 276; 

(s)  the  manner  in  which  the  dates  of  sailing  shall  be  advertised  under 2[section  255;]  the 
appointment  of  pilgrim  officers  for  the  purposes  of  that  section  and  sections  279  and  280;  the 
manner in which payment shall be made under section 279 to pilgrims and to the pilgrim officer; 
and  the  procedure  to  be  followed  by  masters,  owners  or  agents  and  by  pilgrim  officers 
and 3[Metropolitan  Magistrates  or  Judicial  Magistrates  of  the  first  class,  as  the  case  may  be]  in 
proceedings under that section; 

(t) the functions of the master, medical officer and other ship's officers during the voyage; 

(u) the local limits within which, and the time and  mode at and in which, pilgrims shall be 

embarked or discharged at any port or place appointed under this Part in that behalf; 

(v)  the  time  within  which  a  pilgrim  ship  shall  depart  or  proceed  on  her  voyage  after 

commencing to take pilgrims on board; 

1. Subs. by Act 69 of 1976, s. 20, for "sections 265 and 268" (w.e.f.1-12-1976).  
2. Subs. by s. 20, ibid., for “section 278” (w.e.f.1-12-1976). 
3. Subs. by Act 12 of 1983, s. 17 and the Schedule, for “magistrates” (w.e.f. 18-5-1983). 

111 

 
                                                      
(w) providing that a pilgrim shall not be received on board any pilgrim ship, unless he is in 
possession of a passport or a pilgrim's pass regulating the issue of pilgrims passes and prescribing 
the form of and fees which may be charged for such passes; 1*** 

2[(ww) the fees that may be levied for the survey or inspection of pilgrim ships with respect to 
sanitary conditions, provision of stores, medical facilities available on such ships and such other 
purposes that may be relevant for compliance with the provisions of this Part relating to pilgrim 
ships and the manner in which such fees may be collected;] 

(x) generally, to carry out the provisions of this Part relating to pilgrim ships. 

PART IX 
SAFETY 

283.  Countries  to  which  Load  Line  Convention  or  Safety  Convention  applies.―3***The 

Central Government, if satisfied,― 

(a) that the Government of any country has accepted or denounced the Load Line Convention 

or, as the case may be, the Safety Convention; or 

(b) that the Load Line Convention or, as the case may be, the Safety Convention extends, or 

has ceased to extend to any territory;  

may, by notification in the Official Gazette, make a declaration to that effect. 

4* 
5[283A. Definitions.―(1) In this Part, unless the context otherwise requires,― 

* 

* 

* 

*    

(a) “existing ship” or “existing vessel” means a ship or vessel which is not a new ship or a 

new vessel, 

(b)  “new  ship”  or  “new  vessel”  means  a  ship  or  vessel  whose  keel  is  laid  or  which  is  at  a 

similar stage of construction on or after the material date as defined in sub-section (2). 

(2) For the purposes of sub-section (1) “material date”;― 

(i) in relation to an Indian ship, means the 21st July, 1968; 

(ii) in relation to a foreign ship belonging to a country to which the Load Line Convention 
applies,  means  the  date  as  from  which  it  is  declared  under  section  283  that  the  Government  of 
such  country  has  accepted  the  Load  Line  Convention  or,  as  the  case  may  be,  that  the  said 
Convention has been applied to such country.] 

Construction of ships 

284. Construction rules.― (1) The Central Government may make rules (in this Act called the 
construction  rules),  prescribing  the  requirements  that  the  hull,  equipment  and  machinery  of  Indian 
6[passenger or cargo ships] shall comply with. 

(2) The rules made under sub-section (1) shall include such requirements as appear to the Central 
Government to implement the provisions of the Safety Convention prescribing the requirements that 
the hull, equipment and machinery of 1[passenger or cargo ships] shall comply with, except so far as 
those provisions are implemented by the rules for life saving appliances, the radio rules, the rules for 
direction finders or the collision regulations. 

7[Provided that different requirements may be specified for special trade passenger ships] 

1. The word “and” omitted by Act 12 of 1983, s. 8 (w.e.f. 18-5-1983)   
2. Ins. by s. 8, ibid. (w.e.f. 18-5-1983).   
3. The brackets and figure “(1)” omitted by Act 25 of 1970, s. 3 (w.e.f.21-7-1968).  
4. Omitted by s. 3, ibid. (w.e.f. 21-7-1968).  
5. Ins. by s. 4, ibid. (w.e.f.21-7-1968). 
6. Subs. by Act 21 of 1966, s. 7, for “passenger ships” (w.e.f. 28-5-1966).  
7. Ins. by Act 69 of 1976, s. 21 (w.e.f. 1-12-1976). 

112 

 
 
 
 
 
 
 
 
 
                                                      
 
(3) The powers conferred on the Central Government by this section shall be in addition to the 
powers conferred by any other provision enabling it to prescribe the requirements that 1[passenger or 
cargo ships] shall comply with.  

Prevention of collisions 

285.  Collision  regulations.―(1)  The  Central  Government  may  make  regulations  for  the 
prevention  of  collisions  at  sea  and  may  thereby  regulate  the  lights  and  shapes  to  be  carried  and 
exhibited, the fog and distress signals to be carried and used, and the steering and sailing rules to be 
observed by Indian ships and sailing vessels registered in India. 

(2) The collision regulations, together with the provisions of this Part relating thereto or otherwise 
relating  to  collisions,  shall  be  observed  by  all  foreign  ships  and  sailing  vessels  within  Indian 
jurisdiction,  and  in  any  case  arising  in  any  Court  in  India  concerning  matters  arising  within  Indian 
jurisdiction, such  ships  and  sailing  vessels  shall,  so  far  as  respects  the  collision  regulations  and  the 
said provisions of this Act, be treated as if they were Indian ships or sailing vessels registered in India, 
as the case may be. 

286. Observance of collision regulations.―(1) The owner or master of every ship and the owner 
or tindal of every sailing vessel to which section 285 applies shall obey the collision regulations, and 
shall  not  carry  or  exhibit  any  lights  or  shapes  or  use  any  fog  or  distress  signals,  other  than  those 
required by the said regulations. 

(2)  If  any  damage  to  person  or  property  arises  from  the  non-observance  by  any  such  ship  or 
sailing vessel of any of the collision regulations, the damage shall be deemed to have been occasioned 
by the willful default of the person in charge of the ship or the sailing vessel, as the case may be, at 
the time unless it is shown to the satisfaction of the court that the circumstances of the case made a 
departure from the regulations necessary. 

287.  Inspectors  of  lights  and  shapes  and  fog  and  distress  signals.―(1)  The  Central 
Government may appoint persons to inspect in any port ships or sailing vessels to which the collision 
regulations apply, for the purpose of seeing that such ships or sailing  vessels are properly provided 
with lights and shapes and with the means of making fog and distress signals, in pursuance of such 
regulations. 

(2) If an inspector appointed under sub-section (1) finds that any ship or sailing vessel is not so 
provided, he shall give to the owner, master or tindal, notice in writing pointing out the deficiency, 
and also what, in his opinion, is requisite in order to remedy the same. 

(3)  Every  notice  so  given  shall  be  communicated  in  the  prescribed  manner  to  the  customs 
collector  at  any  port  from  which  such  ship  or  sailing  vessel  may  seek  to  clear;  and  no  customs 
collector to whom such communication is made shall grant such ship a port clearance or allow her to 
proceed to sea without a certificate under the hand of some person appointed as aforesaid, to the effect 
that the said ship or sailing vessel is properly provided with lights and shapes and with the means of 
making fog and distress signals in pursuance of the said regulations. 

Life saving appliances and fire appliances 

288.  Power  to  make  rules  as  to  life  saving  appliances.―(1)  The  Central  Government  may, 
subject to the condition of previous publication, make rules prescribing the life saving appliances to 
be carried by every Indian ship going to sea from any port or place in India. 

(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  arranging  of  ships  into  classes,  having  regard  to  the  services  in  which  they  are 

employed, the nature and duration of the voyage and the number of persons carried; 

1. Subs. by Act 21 of 1966, s. 7, for “passenger ships” (w.e.f. 28-5-1966). 

113 

 
                                                      
(b)  the  number,  description  and  mode  of  construction  of  the  boats,  life-rafts,  line  throwing 
appliances, life-jackets and life-buoys to be carried by ships according to the classes in which the 
ships are arranged; 

(c) the equipment to be carried by any such boats and rafts and the method to be provided to 
get  the  boats  and  other  life  saving  appliances  into  the  water,  including  oil  for  use  in  stormy 
weather; 

(d) the provision in ships of a proper supply of lights inextinguishable in water and fitted for 

attachment to life-buoys; 

(e)  the  quantity,  quality  and  description  of  buoyant  apparatus  to  be  carried  on  board  ships 

either in addition to or in substitution for boats, life-rafts, life-jackets and life-buoys; 

(f) the position and means of securing the boats, life-rafts, life-jackets, life-buoys and buoyant 

apparatus; 

(g) the marking of boats, life-rafts, and buoyant apparatus so as to show their dimensions and 

the number of persons authorised to be carried on them; 

(h) the meaning of life-boats and the qualifications and certificates of life-boatmen; 
1[(hh) the training of crew in launching and using life-rafts;] 

(i) the provision to be made for mustering the persons on board and for embarking them in 
the 2[boats or rafts] (including provision for the lighting of, and the means of ingress to and egress 
from, different parts of the ship); 

(j) the provision of suitable means situated outside the engine room whereby any discharge of 

water into the 2[boats or rafts] can be prevented; 

(k) the assignment of specific duties to each member of the crew in case of emergency; 

(l)  the  manner  in  which  a  notice  given  under  section  287  or  section  290  shall  be 

communicated to the customs collector; 

(m) the practice in ships of boat drills, and fire drills;  

(n) the provision in ships of means of making effective distress signals by day and by night; 

(o) the provision in ships, engaged on voyages in which pilots are likely to be embarked, of 
suitable pilot ladders and of ropes, lights and other appliances designed to make the use of such 
ladders safe; 

(p)  the  periodical  examination  of  any  appliances  or  equipment  required  by  any  rules  made 

under this Act to be carried by ships; and 

(q) the fees to be charged for the grant of any certificate under sub-section (3) of section 290. 

289.  Rules  relating  to  fire  appliances.―The  Central  Government  may  make  rules 
prescribing the methods  to  be carried and the appliances to  be carried by every  Indian ship 
going to sea from any port or place in India for the prevention, detection and extinction of fire 
on the ship (hereinafter referred to as fire appliances). 

290.  Inspection  of  life  saving  appliances  and  fire  appliances.―(1)  A  surveyor  may,  at  any 
reasonable  time,  inspect  any  ship  for  the  purpose  of  seeing  that  she  is  properly  provided  with  life 
saving and fire appliances in conformity with the rules made under this Act. 

(2) If the said surveyor finds that the ship is not so provided he shall give to the master or owner 
notice in writing pointing out the deficiency, and also pointing out what in his opinion is requisite to 
remedy the same. 

1. Ins. by Act 21 of 1966, s. 8 (w.e.f. 28-5-1966).  
2. Subs. by s. 8, ibid., for “boats” (w.e.f. 28-5-1966). 

114 

 
                                                      
(3)  Every  notice  so  given  shall  be  communicated  in  the  prescribed  manner  to  the  customs 
collector of any port at which the ship may seek to obtain a clearance and the ship shall be detained 
until a certificate signed by such surveyor is produced to the effect that the ship is properly provided 
with life saving and fire appliances in conformity with the said rules. 

Installation of Radio Telegraphy, Radio Telephony and Direction Finders 
291.  Radio  requirements.―1[(1)  Every  Indian  passenger  ship  and  every  Indian  cargo  ship  of 
three hundred tons gross tonnage or more, shall in accordance with the rules made under section 296, 
be provided with a radio installation and shall maintain a radio telegraph service or a radio telephone 
service  of  the  prescribed  nature  and  shall  be  provided  with  such  certificated  operators  as  may  be 
prescribed.] 

(2)  The  radio  installation  required  under  the  said  rules  to  be  provided  for  a  passenger  ship  or 
for 2[any cargo ship of sixteen hundred tons gross or more shall be a radio telegraph installation; and 
that required to be provided for a cargo ship of less than sixteen hundred tons gross] shall be either a 
radio telegraph installation or a radio-telephone installation at the option of the owners. 

3[(3)  The  Central  Government  may,  having  regard  to  the  length  of  the  voyage  or  voyages  on 
which a ship or a class of ships is engaged and the maximum distance of such ship or class of ships 
will be from the shore during such voyage or voyages, exempt, by order in writing and subject to such 
conditions  and  restrictions  as  may  be  specified  therein,  any  ship  or  class  of  ships  from  compliance 
with all or any of the obligations imposed by or under this section if that Government is satisfied that 
such compliance would be unreasonable or unnecessary: 

Provided  that  an  exemption  from  the  obligation  to  provide  with  radio  telegraph  installation  in 
respect of any passenger ship or in respect of any cargo ship of sixteen hundred tons gross tonnage or 
more shall be subject to the condition that she shall have on board a radiotelephone installation : 

Provided further that no exemption shall be granted under this section, if it will have an adverse 

effect on the general efficiency of the distress service for the safety of ships.] 

 292.  Radio  direction  finding  apparatus.―4[(1)]  Every  Indian  ship  of  sixteen  hundred  tons 

gross or more shall be provided with a radio direction finder of the prescribed description. 

5[(2)  The  Central  Government  may,  by  order  in  writing  and  subject  to  such  conditions  and 
restrictions as may be specified therein, exempt any ship under five thousand tons gross tonnage from 
the obligation imposed by sub-section (1), if that Government is satisfied, having regard to the area or 
areas in which the ship is engaged on a voyage or voyages and the value of radio direction finder as a 
navigational instrument and as an aid to locating ships, aircraft or survival craft, that such compliance 
would be unreasonable or unnecessary.] 

293.  Radio log.―(1) Every ship compulsorily equipped under the provisions of section 291 with 
a  radio  telegraph  or  radio  telephone  installation  shall  maintain  in  the  radio  telegraph  or  radio 
telephone room a radio log in which shall be entered such particulars relating to the operation of the 
radio telegraph or radio telephone installation and as to the maintenance of the radio telegraph or radio 
telephone service as may be prescribed. 

(2) The provisions of section 215 shall apply to the radio log kept under this section as if it were 

an official log. 

294. Powers of radio inspectors.―(1) A radio inspector may inspect any ship for the purpose of 
seeing  that  she  is  properly  provided  with  a  radio  telegraph  or  radio  telephone  installation  and 

1. Subs. by Act 21 of 1966, s. 9, for sub-section (1) (w.e.f. 28-5-1966).  
2. Subs. by s. 9, ibid., for "any other ship of sixteen hundred tons gross or more shall be a radio telegraph installation; 
and  that  required  to  be  provided  for  a  ship  of  less  than  sixteen  hundred  tons  gross,  other  than  a  passenger  ship”  
(w.e.f. 28-5-1966). 

3. Ins. by s. 9, ibid. (w.e.f. 28-5-1966).  
4. Section 292 renumbered as sub-section (1) of that section by s. 10, ibid. (w.e.f. 28-5-1966).  
5. Ins. by s. 10, ibid. (w.e.f. 28-5-1966). 

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certificated operators in conformity with this Part, and for this purpose may go on board any ship at 
all reasonable times and do all things necessary for the proper inspection of the ship for the purpose of 
the  provisions  of  this  Part  relating  to  radio  telegraphy  or  radio  telephony  and  may  also  require  the 
master of the ship to supply him with any information which it is in the power of the master to supply 
for that purpose, including the production of any certificate granted under this Part in respect of the 
installation, and of the certificates of the operators 1*** on the ship : 

Provided that if a valid safety convention certificate is produced in respect of any ship other than 
an Indian ship, the inspection shall be limited to seeing that the ship is provided with a radio telegraph 
or  radio  telephone  installation  and  that  the  number  of  certified  operators  corresponds  substantially 
with the particulars stated in the certificate. 

(2) If a radio inspector finds that a ship is not so provided, he shall give to the master or owner 
notice in writing pointing out the deficiency, and also pointing out what in his opinion is requisite to 
remedy the same. 

(3) Every notice given under sub-section (2) shall be communicated in the prescribed manner to 
the customs collector of any port at which the ship may seek to obtain port clearance who shall order 
that the ship shall be detained until a certificate under the hand of a radio inspector is produced to the 
effect  that  the  ship  is  properly  provided  with  a  radio  telegraph  or  radio  telephone  installation  and 
certified operators 1*** in conformity with this Part. 

295.  Application  of  this  Part  to  ships  other  than  Indian  ships.―The  provisions  of  this  Part 
relating  to  radio  telegraphy,  radio  telephony  and  direction  finders  shall  apply  to  ships  other  than 
Indian ships while they are within any port in India in like manner as they apply to Indian ships. 

296.  Power  to  make  rules.―(1)  The  Central  Government  may  make  rules to  carry  out  the 

purposes of this Part relating to radio telegraphy or radio telephony, 2[or radio direction finders.] 

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

prescribe― 

(a) the nature of the radio telegraph or radio telephone installation and radio direction finding 
apparatus to be provided and of the service to be maintained, the form of the radio log and the 
particulars to be entered therein, and the number, grades and qualifications of certified operators 
to be carried; 

2[(aa) the nature of radio telegraph installation to be provided on motor life-boats and survival 

craft.] 

(b)  the  manner  in  which  a  notice  given  under  section  294  shall  be  communicated  to  the 

customs collector. 

(c) the charging of fees for the grant of the certificate referred to in sub-section (3) of section 

294, the amount of such fees and the manner in which they shall be recoverable. 

Signalling lamps 

297.  Signalling  lamps.―Every  Indian  ship  exceeding  one  hundred  and  fifty  tons  gross  shall, 
when proceeding to sea from any port or place in India to any port or place outside India, be provided 
with a 3[signalling lamp which shall not be solely dependent upon the ship's main source of electrical 
power and which shall be of the type approved]by the Central Government. 

1. The words “and watchers” omitted by Act 21 of 1966, S. 11 (w.e.f. 28-5-1966).  
2. Ins. by s. 12, ibid. (w.e.f. 28-5-1966). 
3. Subs. by s. 13, ibid., for “signalling lamp of the type approved” (w.e.f. 28-5-1966). 

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Stability Information 

298. Information about ship's stability.―(1) There shall be carried on board every Indian ship 
whose keel was laid after the 15th day of June, 1953, such information in writing 1[as is necessary to 
enable the master by rapid and simple processes to obtain accurate guidance as to the stability of the 
ship under varying conditions of service.] 

2[(2)  The  information  shall  be  in  such  form  as  may  be  approved  by  the  Central  Government 
(which may approve the provision of the information in the form of a diagram or drawing only) and 
shall  be  suitably  amended  whenever  any  alterations  are  made  to  the  ship  so  as  to  materially  affect 
such information. 

(2A) The information shall be based on the determination of the ship's stability by  means of an 
inclining test of the ship and any amendment thereto shall be effected, if necessary, after re-inclining 
the ship: 

Provided that the Central Government may, by a general or special order ― 

(a) in the case of any ship, allow the information or an amendment thereto to be based on a 

similar determination of the stability of a sister-ship; 

(b) in the case of a ship specially designed for the carriage of liquids or ore in bulk, or of any 
class  of  such  ships,  dispense  with  such  tests  if  it  is  satisfied  from  the  information  available  in 
respect  of  similar  ship  that  the  ship's  proportions  and  arrangements  are  such  as  to  ensure  more 
than sufficient stability in all probable loading conditions.] 
(3) When any information 3[including any amendment thereto] under this section is provided for 

any ship, the owner shall send a copy thereof to the Director-General. 

(4) It is hereby declared that for the purpose of section 208 (which requires documents relating to 
navigation  to  be  delivered  by  the  master  of  a  ship  to  his  successor)  information  3[including  any 
amendment thereto] under this section shall be deemed to be a document relating to the navigation of 
the ship. 

Safety certificates, safety equipment certificates, safety radio certificates, exemption 

certificates, etc. 

299. Safety certificates and qualified safety certificates for passenger ships.―(1) Where, on 
receipt  of  a  declaration  of  survey  granted  under  Part  VIII  in  respect  of  passenger  ship,  the  Central 
Government is satisfied that the ship complies with the construction rules and with the provisions of 
this  Act  and  the  rules  made  there  under  relating  to  life  saving  and  fire  appliances  and  4[radio 
installation] applicable to such ship and is provided with lights and shapes and the means of making 
fog  and  distress  signals  required  by  the  collision  regulations,  the  Central  Government  may  issue  in 
respect  of  the  ship  a  certificate  in  the  prescribed  form  to  be  called  a 5[passenger  ship  safety 
certificate.] 

(2) Where on receipt of a declaration of survey granted under Part VIII in respect of a passenger 
ship  the  Central  Government  is  satisfied  that  there  is  in  force  in  respect  of  the  ship  an  exemption 
certificate granted under section 302 and that the ship complies with all the requirements referred to in 
sub-section  (1)  other  than  those  from  which  the  ship  is  exempt  under  that  certificate,  the  Central 
Government  may  issue  in  respect  of  the  ship  a  certificate  in  the  prescribed  form  to  be  called 
a 6[qualified passenger ship safety certificate]. 

1. Subs. by Act 21 of 1966, s. 14, for “about the ship‟s stability as is necessary for the guidance of the master in loading 

and ballasting the ship” (w.e.f. 28-5-1966).   

2. Subs. by s. 14, ibid., for sub-section (2) (w.e.f. 28-5-1966).  
3. Ins. by s. 14, ibid. (w.e.f. 28-5-1966). 
4.  Subs.  by  Act  63  of  2002,  s.  8,  for  “radio  telegraphy  or  radio  telephony  installation  and  radio  direction  finder” 

(w.e.f.1-2-2003).  

5.  Subs. by Act 21 of 1966, s. 15, for “safety certificate” (w.e.f. 28-5-1966).  
6. Subs. by s. 15, ibid., for “qualified safety certificate”, (w.e.f. 28-5-1966). 

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1[(3) Where on receipt of a declaration of survey granted under Part VIII in respect of a special 
trade  passenger  ship 2***,  the  Central  Government  is  satisfied  that  the  ship  complies  with  the 
provisions of this Act and the rules made there under relating to construction, life saving appliances 
and space requirements, it may in addition to the certificates referred to in sub-sections (1) and (2), 
issue  in  respect  of  the  ship  a  special  trade  passenger  ship  safety  certificate  and  a  special  trade 
passenger ship space certificate.] 

3[(4) The certificates issued under sub-sections (1) and (2), sub-sections (1) and (2) of section 300 

and section 301 shall be supplemented by a record of equipment in the prescribed form.] 

4[299A.  Safety  construction  certificates  and  construction  certificates  for  cargo  ships.―(1) 
Where in respect of any Indian cargo ship 5*** 6[the Central Government or any person authorised by 
by it in this behalf] is satisfied that the ship has been surveyed in the manner prescribed under section 
299B and that she complies with the construction rules made under section 284, 6[that Government or 
the authorised person] may issue in respect of the ship― 

(a) 7[if the ship is of five hundred tons gross or more and performs international voyages], a 

certificate in the prescribed form to be called a cargo ship safety construction certificate; 

(b) in other cases, a certificate in the prescribed form, to be called a cargo ship construction 

certificate. 

(2)  Where  in  respect  of  any  such  ship  as  is  referred  to  in  sub-section  (1)  there  is  no  force  an 
exemption  certificate  granted  under  section  302 8[and  the  Central  Government  or  any  person 
authorised by it in this behalf] is satisfied that the ship complies with all the requirements referred to 
in  that  sub-section  other  than  those  from  which  the  ship  is  exempt  under  that  certificate,  the 6[that 
Government or the authorised person] may issue in respect of the ship a certificate in the prescribed 
form  to  be  called  a  qualified  cargo  ship  safety  construction  certificate  or  a  qualified  cargo  ship 
construction certificate. 

9[(3) The owner of every ship in respect of which a certificate is issued under sub-section (1) or 
sub-section (2), sub-section (1) or sub-section (2) of section 300 or section 301 shall, so long as the 
certificate  remains  in  force,  cause  the  ship  to  be  surveyed  in  the  manner  as  specified  in  the  Safety 
Convention  or  in  cases  where  such  specified  manner  is  not  applicable,  in  such  manner  as  the  rules 
made in this behalf prescribe, as the case may be.] 

299B.  Power  to  make  rules.―(1)  The  Central  Government  may,  subject  to  the  condition  of 

previous publication, make rules to regulate the making of surveys of cargo ships under 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 times and places at which, and the manner in which, surveys arc to be made; 

(b)  the  requirements  as  to  construction,  machinery,  equipment  and  marking  of  sub-division 
load-lines  which  are  to  be  fulfilled  by  cargo  ships  generally  or  by  any  class  of  cargo  ships  in 
particular; 

(c) the duties of the surveyor making a survey; 

1. Ins. by Act 69 of 1976, s. 22 (w.e.f.1-12-1976).  
2. The words “or a pilgrim ship” omitted by Act 63 of 2002, s. 8 (w.e.f. 1-2-2003).  
3. Ins. by s. 8, ibid. (w.e.f. 1-2-2003). 
4. Ins. by Act 21 of 1966, s. 16 (w.e.f. 28-5-1966).  
5. The words “of five hundred tons gross or more” omitted by Act 41 of 1984, s. 18 (w.e.f. 15-7-1985).  
6. Subs. by Act 63 of 2002, s. 9, for “the Central Government” (w.e.f. 1-2-2003).  
7. Subs. by Act 41 of 1984, s. 18, for “if the ship performs international voyages” (w.e.f. 15-7-1985). 
8 Subs. by Act 63 of 2002, s. 9, for “of the Act and the Central Government” (w.e.f. 1-2-2003).   
9. Ins. by s. 9, ibid. (w.e.f. 1-12-2003). 

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(d) the rates according to which the fees payable in respect of surveys are to be calculated in 

the case of all or any of the places or ports of survey; 

(e)  the  closing  of  and  keeping  closed,  the  openings  in  ships‟  hulls  and  any  water-tight 

bulkheads; 

(f) the securing of and keeping in place, and the inspection of, contrivances for closing any 

such openings as aforesaid; 

(g) the operation of mechanisms of contrivances for closing any such openings as aforesaid 

and the drills in connection with the operation thereof; and 

(h)  the  entries  to  be  made  in  the  official  log  book  or  other  record  to  be  kept  of  any  of  the 

matters aforesaid.] 
1[300.  Cargo  ship  safety  equipment  and  cargo  ship  equipment  certificates  for  ships  other 
then passenger ships.―(1) Where in respect of an Indian cargo ship the Central Government or any 
person authorised by it in this behalf is satisfied that the ship complies with the provisions of this Act 
and the rules made thereunder relating to life saving and fire appliances applicable to such ship and is 
provided  with  lights  and  shapes  and  the  means  of  making  fog  and  distress  signals  required  by  the 
collision regulations, that Government or the authorised person may issue in respect of the ship- 

(a)  if  the  ship  is  of  five  hundred  tons  gross  or  more  and  performs  international  voyages,  a 

certificate in the prescribed form to be called a cargo ship safety equipment certificate; 

(b)  in  other  cases,  a  certificate  in  the  prescribed  form  to  be  called  a  cargo  ship  equipment 

certificate. 

(2)  Where,  in  respect  of  a  ship  referred  to  in  sub-section  (1),  there  is  in  force  an  exemption 
certificate  granted  under section  302  and the  Central  Government  or  any  person  authorised by  it in 
this behalf is satisfied that the ship complies with all the requirements referred to in that sub-section, 
other  than,  those  from  which  the  ship  is  exempt  under  that  certificate,  that  Government  or  the 
authorised  person  may  issue  a  certificate  in  the  prescribed  form  to  be  called  a  qualified  cargo  ship 
safety equipment certificate or a qualified cargo ship equipment certificate, as the case may be.] 

2[301.  Cargo  ship  safety  radio  certificate  and  qualified  cargo  ship  safety  radio  certificate, 
etc.―The owner or master of any Indian cargo ship, which is required by the provisions of section 
291 to be provided with a radio installation shall, if the Central Government or any person authorised 
by it in this behalf is satisfied that the ship complies with all the provisions of this Act and the rules 
made thereunder relating to radio installation applicable to such ship, receive― 

(a) in the case of a ship of three hundred tons gross or more, a certificate in the prescribed 

form to be called a cargo ship safety radio certificate; 

(b) in the case of a ship of three hundred tons gross or more but less than three thousand tons 
gross  performing  voyages  only  between  ports  or  places  in  India,  a  certificate  in  the  prescribed 
form to be called a qualified cargo ship safety radio certificate; and 

(c)  in  other  cases,  a  certificate  in  the  prescribed  form  to  be  called  a  cargo  ship  radio 

certificate.] 

 302. Exemption certificates.―The owner or master of an Indian ship which is exempt from any 
of the provisions of the construction rules or of this Act and the rules made thereunder relating to life 
saving and fire appliances and radio telegraphy or radio telephony installation shall, on application to 
the officer appointed in this behalf by the Central Government receive from such officer a certificate 
in the prescribed form to be called an exemption certificate.  

1. Subs. by Act 63 of 2002, s. 10, for section 300 (w.e.f. 1-2-2003).  
2. Subs. by s. 11, ibid., for section 301 (w.e.f. 1-2-2003). 

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1[303.  Duration  of  certificates.―(1)  A  passenger  ship  safety  certificate,  a  qualified  passenger 
ship safety certificate, a special trade passenger ship safety certificate and a special trade passenger 
ship space certificate issued under this Part shall be in force for a period of twelve months from the 
date of its issue or for such shorter period as may be specified in the certificate. 

(2) A cargo ship safety equipment certificate, a qualified cargo ship safety equipment certificate, a 
cargo  ship  equipment  certificate,  a  qualified  cargo  ship  equipment  certificate,  a  cargo  ship  safety 
construction certificate, a qualified cargo ship safety construction certificate, a cargo ship construction 
certificate,  a  qualified  cargo  ship  construction  certificate,  a  cargo  ship  safety  radio  certificate,  a 
qualified  cargo  ship  safety  radio  certificate  and  a  cargo  ship  radio  certificate  issued  under  this  Part 
shall be in force for a period of five years from the date of its issue or for such shorter period as may 
be specified in the certificate. 

(3) An exemption certificate issued under section 302 shall be in force for the period for which the 
certificate to  which  it relates remains in  force  or  for such shorter  period  as  may  be specified  in the 
exemption certificate. 

(4)  Notwithstanding  the  requirements  of  sub-sections  (1),  (2)  and  (3)  when  the  survey  is 
completed  within three  months  before the expiry  date  of  the  existing  certificate,  the  new  certificate 
may be valid from the date of completion of the survey,― 

(a) for a passenger ship, a date not exceeding twelve months; and 

(b) for a cargo ship, a date not exceeding five years,  

from the date of expiry of the existing certificate. 

(5) The Central Government or any person authorised by it in this behalf may grant an extension 

of any certificate issued under this Part in respect of an Indian ship― 

(a)  where  the  ship  is  not  in  a  port  in  which  it  is  to  be  surveyed,  on  the  date  when  the 
certificate would, but for the extension, have expired, for such period not exceeding three months 
from  the  said date as  may  be  sufficient to enable  the ship  to  complete its  voyage  to  the  port in 
which it is to be surveyed; 

(b) where the ship is engaged on a short voyage and whose certificate has not been extended 
under  clause  (a),  for  a  period  up  to  one  month  from  the  date  when  the  certificate  would  have 
expired: 

Provided that any extension granted under clause (a) shall cease to be operative upon the ship's 

arrival at the port referred to in that clause: 

Provided  further  that  no  extension  shall  be  granted  under  clause  (b)  in  respect  of  a  certificate 

extended under clause (a). 

(6)  Where  an  existing  certificate  of  a  ship  has  been  extended  under  sub-section  (5)  and  when 

survey is completed, the new certificate shall be valid up to,― 

(a) for a passenger ship, a date not exceeding twelve months; or 

(b) for a cargo ship, a date not exceeding five years,  

from the date of expiry of the existing certificate. 

(7) In special circumstances where the Central Government so determines, a new certificate, need 

not be dated from the date of expiry of the existing certificate, shall be valid up to,― 

(a) for a passenger ship, a date not exceeding twelve months; 

(b) for a cargo ship, a date not exceeding five years,  

from the date of completion of the survey. 

1. Subs. by Act 63 of 2002, s. 12, for section 303 (w.e.f. 1-2-2003). 

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(8) Where a certificate referred to in sub-section (2) is issued for a period of less than five years, 
the Central Government or any person authorised by it in this behalf may extend the validity of the 
certificate beyond the expiry date to the maximum period specified in sub-section (2) if appropriate 
surveys, applicable when a certificate is issued for a period of five years, are carried out. 

(9) If a survey has been completed and a new certificate cannot be issued or placed on board the 
ship  before  the  expiry  date  of  the  existing  certificate,  the  Central  Government  or  any  person 
authorised by it in this behalf may endorse the existing certificate and such certificate shall be in force 
for a further period which shall not exceed five months from the expiry date of the existing certificate. 

(10)  If  annual,  intermediate  or  periodical  surveys  in  the  manner  as  specified  in  the  Safety 
Convention  or  in  cases  where  such  specified  manner  is  not  applicable,  in  such  manner  as  the  rules 
made in this behalf prescribe, as the case may be, are completed before the period stipulated therefore, 
then― 

(a)  the  anniversary  date  mentioned  on  the  relevant  certificate  shall  be  amended  by 
endorsement to a date which shall not be more than three months later than the date on which the 
survey was completed; 

(b)  the  subsequent  surveys  shall  be  completed  at  the  stipulated  intervals  using  the  new 

anniversary date so endorsed; 

(c)  the  expiry  date  may  remain  unchanged  provided  one  or  more  annual,  intermediate  or 
periodical surveys, as the case may be, are carried out so that the maximum stipulated intervals 
between the surveys are not exceeded. 

(11) A certificate issued under section 299A, section 300 or section 301 shall cease to be valid,― 

(a) if the relevant surveys specified in the Safety Convention or in cases where such specified 
manner is not applicable, in such manner as the rules made in this behalf prescribe, as the case 
may be, are not completed within the stipulated period; 

(b) if the certificate is not endorsed; or 

(c) if the ship ceases to be an Indian ship.] 

304. Modification of safety convention certificates as respects life saving appliances.―(1) If 
an Indian ship in respect of which 1[a passenger ship safety certificate] 2[or a special trade passenger 
ship safety certificate] issued under section 299 is in force has on board in the course of a particular 
voyage a total number of persons less than the number stated in the certificate to be the number for 
which the life saving appliances on the ship provide, the owner or master of the ship may obtain from 
the  authority  issuing  the  certificate,  or  any  person,  authorised  by  the  authority  for  the  purpose,  a 
memorandum to be attached to the certificate stating the total number of persons carried on the ship 
on  that  voyage,  and  the  modifications  which  may  be  made  for  the  purpose  of  that  voyage  in  the 
particulars with respect to life saving appliances stated in the certificate. 

(2)  Where  a  valid  3[passenger  ship  safety  certificate  or  special  trade  passenger  ship  safety 
certificate] is produced in respect of a passenger ship other than an Indian ship and there is attached to 
the certificate a memorandum which― 

(a) has been issued by or under the authority of the Government of the country in which the 

ship is registered, and 

(b)  modifies  for  me  purpose  of  any  particular  voyage,  in  view  of  the  number  of  persons 
actually carried on that voyage, the particulars stated in the certificate with respect to life saving 
appliances,  

1. Subs. by Act 21 of 1966,  s. 20, for  “a safety certificate” (w.e.f. 28-5-1966).  
2.  Ins. by Act 69 of 1976, s. 23 (w.e.f. 1-12-1976). 
3. Subs. by s. 23, ibid., for “safety convention certificate” (w.e.f. 1-12-1976). 

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the  certificate  shall  have  effect  for  the  purpose  of  that  voyage  as  if  it  were  modified  in  accordance 
with the memorandum.  

305.  Recognition  of  certificates  issued  outside  India.―A  valid  safety  convention  certificate 
issued in respect of a ship other than an Indian ship by the  Government of the country to which the 
ship belongs shall, subject to such rules as the Central Government may make in this behalf, have the 
same effect in India as the corresponding certificate issued in respect of an Indian ship under this Part. 
306. Issue of certificates to foreign ships in India and Indian ships in foreign countries.―(1) 
The  Central  Government  may,  at  the  request  of  the  Government  of  a  country  to  which  the  Safety 
Convention applies, cause an appropriate safety convention certificate to be issued in respect of a ship 
1[registered  or to  be  registered] in  that  country,  if  it is  satisfied  in  like  manner  as  in  the  case  of  an 
Indian  ship  that  such  certificate  can  properly  be  issued,  and,  where  a  certificate  is  issued  at  such  a 
request, it shall contain a statement that it has been so is issued. 

(2)  The  Central  Government  may  request  the  Government  of  a  country  to  which  the  Safety 
Convention  applies,  to  issue  an  appropriate  safety  convention  certificate  2[in  respect  of  a  ship 
registered  or  to  be  registered  in  India]  and  a  certificate  issued  in  pursuance  of  such  a  request  and 
containing a statement that it has been so issued shall have effect for the purpose of this Act as if it 
had been issued by the Central Government. 

307.  Prohibition  on  proceeding  to  sea  without  certificates.―3[(1)  No  Indian  passenger  ship 

shall proceed on a voyage from any port or place in India to any port or place out side India― 

(a) if the ship is a ship, other than a special trade passenger ship, unless there is in force in 

respect of the ship either― 

(i) a passenger ship safety certificate issued under section 299; or 

(ii)  a  qualified  passenger  ship  safety  certificate  issued  under  section  299  and  an 

exemption certificate issued under section 302; 

(b) if the ship is a special trade passenger ship, unless there is in force in respect of the ship 
the certificate referred to in sub-clause (i) of clause (a) or the certificates referred to in sub-clause 
(ii) of that clause and a special trade passenger ship safety certificate and a special trade passenger 
ship space certificate, 

being in each case a certificate which by the terms thereof is applicable to the voyage on which the 
ship is about to proceed and to the trade in which she is for the time being engaged.] 

(2)  No  sea-going  4[Indian  cargo  ship,  of  five  hundred  tons  gross  or  more,]  shall  proceed  on  a 
voyage  from  any  place  in India  to  any  place  outside India  unless there  is in  force  in  respect  of  the    
ship― 

(a)  such  certificate  or  certificates  as  would  be  required  in  her  case  by  the  provisions  of             

sub-section (1) if she were a passenger ship, or 

5[(b)  a  cargo  ship  safety  construction  certificate  issued  under  section  299A,  a  cargo  ship 
safety equipment certificate issued under section 300 and a cargo ship safety  6[radio certificate] 
issued under section 301, or] 

(c)  a  7[qualified  cargo  safety  equipment  certificate]  issued  under  section  300  and  an 
exemption certificate issued under section 302 being certificates which by the terms thereof are 

1.  Subs. by Act 21 of 1966, s. 21, for “registered” (w.e.f. 28-5-1966). 
2. Subs. by s. 21, ibid., for “in respect of an Indian ship” (w.e.f. 28-5-1966). 
3. Subs. by Act 69 of 1976, s. 24, for sub-section (1) (w.e.f. 1-12-1976).  
4.  Subs.  by  Act  21  of  1966,  s.  22,  for  “Indian  ship  of  five  hundred  tons  gross  or  more,  not  being  a  passenger  ship” 

(w.e.f. 28-5-1966). 

5. Subs. by s. 22, ibid., for clause (b) (w.e.f. 28-5-1966). 
6. Subs. by  Act 63 of 2002, s. 13, for “radio telegraphy certificate or a cargo ship safety radio telephony certificate” 

(w.e.f. 1-2-2003). 

7. Subs. by Act 21 of 1966, s. 22, for “qualified safety equipment certificate” (w.e.f. 28-5-1966). 

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applicable to the voyage on which the ship is about to proceed and to the trade in which she is for 
the time being engaged. 
1[(2A)  No  sea-going  Indian  cargo  ship,  less  than  five  hundred  tons  gross,  shall  proceed  on  a 
voyage from any port or place in India to any port or place in India or to any port or place outside 
India unless there is in force in respect of the ship a cargo ship construction certificate issued under 
section 299A and a cargo ship equipment certificate issued under section 300 and,― 

(i) a cargo ship safety radio certificate if the ship is three hundred tons gross or more;  

(ii) a qualified cargo ship safety radio certificate if the ship is operating within ports or places 

in India and is of three hundred to five hundred tons gross; or  

(iii) a cargo ship radio certificate if the ship is less than three hundred tons gross,  

issued under section 301.]  

(3) No sea-going  2[Indian cargo ship of the five hundred tons gross or more,] shall proceed on a 

voyage between ports or places in India unless there is in force in respect of the ship―  

(a) 3[a cargo ship 4[safety construction certificate or cargo ship construction certificate issued 

under section 299A]  

(b)  a  5[cargo  ship  equipment  certificate  or  a]  6[qualified  cargo  ship  equipment  certificate] 

issued under section 300 and an exemption certificate issued under section 302;  

(c) a 7[cargo ship] 8[safety radio certificate or a qualified cargo ship safety radio certificate, if 
the ship operates between ports or places in India and is between five hundred to three thousand 
tons gross] issued under section 301 or an exemption certificate issued under section 302;  

being a certificate which by the terms thereof is applicable to the voyage on which the ship is about to 
proceed and to the trade in which she is for the time being engaged.  

(4) The master of every ship to which this section applies shall produce to the customs collector 
from  whom  a  port  clearance  for  the  ship  is  demanded  the  certificate  or  certificates  required  by  the 
foregoing  provisions  of  this  section  to  be  in  force  when  the  ship  proceeds  to  sea,  and  the  port 
clearance shall not be granted and the ship may be detained until the said certificate or certificates are 
so produced. 

308. Production of certificates by ships other than Indian ships.―(1) The master of  9[every 
ship, being a passenger ship or being a cargo ship of three hundred tons gross or more,] belonging to a 
country to which the Safety Convention applies, shall produce a valid safety convention certificate to 
the customs collector from whom a clearance for the ship is demanded in respect of a voyage from a 
port or place in India to a port or place outside India and a clearance shall not be granted and the ship 
may be detained until such a certificate is so produced. 

(2)  Where  a  valid  safety  convention  certificate  is  produced  in  respect  of  a  ship,10***  the  ship, 
not be deemed to be unsafe for the purpose of section 342 by reason of the defective condition of her 
hull, equipment or machinery unless it appears that the ship cannot proceed to sea without danger to 

1. Subs. by Act 63 of 2002, s 13, for sub-section (2A) (w.e.f. 1-2-2003).  
2.  Subs.  by  Act  21 of  1966,  s. 22,  for  “Indian  ship of  five  hundred  tons  gross or  more,  not being  a  passenger  ship,”                

(w.e.f. 28-5-1966). 

3. Subs. by s. 22, ibid., for “an equipment certificate” (w.e.f. 28-5-1966).  
4. Subs. by Act 63 of 2002, s. 13, for “equipment certificate issued under, section 300” (w.e.f. 1-2-2003).  
5. Ins. by s. 13, ibid. (w.e.f. 1-2-2003).  
6. Subs. by Act 21 of 1966, s. 22, for “qualified equipment certificate” (w.e.f. 28-5-1966).   
7. Ins. by s. 22, ibid. (w.e.f. 28-5-1966).   
8.  Subs.  by  Act  63  of  2002,  s.  22,  for  “radio  telegraphy  certificate  or  a  cargo  ship  radio  telephony  certificate”             

(w.e.f. 1-2-2003).  

9. Subs. by Act 21 of 1966, s. 23, for “every ship other than an Indian ship being a passenger ship of five hundred tons 

gross or more” (w.e.f. 28-5-1966). 

10. The words “other than an Indian ship” omitted by s. 23, ibid. (w.e.f. 28-5-1966).  

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the  passengers  or  crew  owing  to  the  fact  that  the  actual  condition  of  the  ship  does  not  correspond 
substantially with the particulars stated in the certificate. 

1[(3) Nothing in this section shall apply in respect of an Indian ship or a nuclear ship;] 

309.  Application  of  certain  sections  to  certificates.―The  provisions  of  sections  228  to  231 
(inclusive) shall apply to and in relation to every certificate issued by the Central Government under 
sections  299,  2[299A],  300,  301  and  302  in  the  same  manner  as  they  apply  to  and  in  relation  to  a 
certificate of survey. 

3[309A. Alterations pending issue of a safely convention certificate.―Where any survey of a 
ship  for  the  purpose  of  issue  under  this  Part  of  a  safety  convention  certificate  has  been  completed, 
then, notwithstanding anything contained in this Act, the owner, agent or master of the ship shall not, 
until  such  certificate  has  been  issued,  make,  or  cause  to  be  made,  any  alteration  in  the  structural 
arrangements,  machinery,  equipment  and  other  matters  covered  by  the  survey  without  the  prior 
written  permission  of  the  Central  Government  or  a  person  appointed  by  that  Government  in  this 
behalf.] 

Load lines 

 310. Ships exempt from provisions relating to load lines.―(1) Save as otherwise provided in 
this section, the provisions of this Part relating to load lines shall apply to all sailing vessels as they 
apply  to  ships,  and  accordingly,  the  expression  “ship”  in  the  said  provisions  of  this  Part  shall  be 
construed as including a sailing vessel. 

(2) The provisions of this Part relating to load lines shall not apply to― 

4[(a) any sailing vessel, being an existing vessel of less than one hundred and fifty tons gross, 
or a new vessel of less than twenty-four meters in length, and in either case employed in plying 
coastwise between ports situated within India, Pakistan, Burma and Ceylon;] 

(b) any ship solely engaged in fishing; 

(c) any pleasure yacht. 

(3)  The  Central  Government  may,  on  such  conditions  as  it  may  think  fit,  exempt  from  the 

provisions of this Part relating to load lines― 

(a)  any  ship  plying  between  the  near  neighboring  ports  of  two  or  more  countries,  if  the 
Central Government and the Governments of those countries are satisfied that the sheltered nature 
and conditions of the voyages between those ports make it unreasonable or impracticable to apply 
to ships so plying the provisions of this Part relating to load lines; 

(b)  any  ship  plying  between  near  neighbouring  ports  of  the  same  country,  if  the  Central 

Government is satisfied as aforesaid; 

(c)  wooden  ships  of  primitive  build,  if  the  Central  Government  considers  that  it  would  be 

unreasonable or impracticable to apply the said provisions to them; 

5[(d) any coasting ship, being an existing ship of less than one hundred and fifty tons gross or 

a new ship of less than twenty-four meters in length: 

Provided that any such ship does not carry cargo; 

(e) any ship which embodies features of a novel kind, if the Central Government is satisfied 
that  the  application  of  the  provisions  of  this  Part  relating  to  load  lines  to  such  a  ship  might 
seriously impede research into development of such features and their incorporation in ships and 

1. Ins. by Act 21 of 1966, s. 23 (w.e.f. 28-5-1966). 
2. Ins. by s. 24, ibid. (w.e.f. 28-5-1966).  
3. Ins. by s. 25, ibid. (w.e.f.28-5-1966). 
4. Subs. by Act 25 of 1970, s. 5, for clause (a) (w.e.f. 21-7-1968). 
5. Subs. by s. 5, ibid., for clause (d) (w.e.f. 21-7-1968). 

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the  Central  Government  and  the  Governments  of  the  countries  to  be  visited  by  the  ship  are 
satisfied that the ship complies with safety requirements which are adequate for the purposes for 
which the ship is intended and are such as to ensure the overall safety of the ship; 

(f)  any  ship  which  is  not  normally  engaged  on  voyages  to  ports  outside  India  but  which  in 
exceptional  circumstances  is  required  to  undertake  such  voyage  if  the  Central  Government  is 
satisfied that the ship complies with safety requirements which are adequate for such voyage.] 

311.  Power  to  make  rules  as  to  load  lines.―The  Central  Government  may,  subject  to  the 
condition of previous publication, make rules (hereafter in this Act referred to as the load line rules) 
regulating the survey of ships for the purpose of assignment and marking of load lines and prescribing 
the conditions (hereafter in this Act referred to as the conditions of assignment) on which load lines 
may be assigned. 

312. Marking of deck line and load lines.―(1) No Indian ship, being a ship of which the keel 
was laid  1[on or after the 21st day of July, 1968], and not being exempt from the provisions of this 
Part relating to load lines, shall proceed to sea unless― 

(a) the ship has been surveyed in accordance with the load line rules; 

(b) the ship complies with the conditions of assignment; 

(c) the ship is marked on  each side with a mark (hereafter in this Act referred to as a deck 
line) indicating the position of the uppermost complete deck as defined by the load line rules and 
with marks (hereafter in this Act referred to as load lines) indicating the several maximum depths 
to which the ship can be safely located in various circumstances prescribed by the load line rules; 

(d) the deck line and load lines are of the description required by the load line rules, the deck 
line  is  in  the  position  required  by  those  rules,  and  the  load  lines  are  of the  number  required  by 
such of those rules as are applicable to the ship; and 

(e) the load lines are in the position required by such of the load line rules as are applicable to 

the ship. 
(2) No Indian ship, being a ship of which the keel was laid  2[before the 21st day of July, 1968,] 
and  not  being  exempt  from  the  provisions  of  this  Part  relating  to  load  lines,  shall  proceed  to  sea 
unless― 

(a) the ship has been surveyed and marked in accordance with clauses (a), (c) and (d) of sub-

section (1); 

(b) the ship complies with the conditions of assignment in principle and also in detail so far 
as, in the opinion of the Central Government, is reasonable and practicable having regard to the 
efficiency of the protection of openings, the guard rails, the freeing ports and the means of access 
to the crew's quarters provided by the arrangements, fittings and appliances existing on the ship at 
the time when she is first surveyed under this section; and 

3[(c) the load lines are in the position required by clause (e) of sub-section (1).] 

(3) Any ship attempting to proceed to sea without being surveyed and marked as required by this 
section may be detained until she has been surveyed and marked, and any ship which does not comply 
with the conditions of assignment to the extent required in her case by this section shall be deemed to 
be unsafe for the purpose of section 336. 

4[312A. Alterations after survey.―Where any survey under this Part of a ship for the purpose of 
assignment and marking of load lines has been completed then, notwithstanding anything contained in 

1. Subs. by Act 25 of 1970, s. 6, for “after the 30th day of June, 1932” (w.e.f. 21-7-1968).  
2. Subs. by s. 6, ibid., for “before the 1st day of July 1932” (w.e.f. 21-7-1968). 
3. Subs. by s. 6, ibid., for clause (c) (w.e.f. 21-7-1968). 
4. Ins. by s.7, ibid. (w.e.f. 21-7-1968). 

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this Act, the owner, agent or master of the ship shall not make or cause to be made any alteration in 
the structure, equipment, arrangements, material or scantlings covered by the survey without the prior 
written  permission  of  the  Central  Government  or  a  person  authorised  by  that  Government  in  this 
behalf.] 

313.  Submersion  of  load  lines.―(1)  An  Indian  ship  (not  being  exempt  from  the  provisions  of 
this Part relating to load lines) shall not be so loaded as to submerge in salt water, when the ship has 
no  list,  the  appropriate  load  line  on  each  side  of  the  ship,  that  is  to  say,  the  load  line  indicating  or 
purporting to indicate the maximum depth to which the ship 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  ship  which  is  loaded  in 

contravention of this section may be detained until she ceases to be so loaded. 

314.  Maintenance  of  load  line  marks.―(1)  No  owner  or  master  of  an  Indian  ship  which  has 
been marked in accordance with the foregoing provisions of this Part, shall without reasonable cause, 
fail to keep the ship so marked. 

(2)  No  person  shall  conceal,  remove,  alter,  deface  or  obliterate,  or  suffer  any  person  under  his 
control to conceal, remove, alter, deface or obliterate any mark placed on any such ship in accordance 
with the foregoing provisions of this Part except with the authority of a person entitled under the load 
line rules to authorise the alteration of the mark or except for the purpose of escaping capture by an 
enemy or by a foreign ship of war in the exercise of some belligerent right. 

 315. Inspection of ships with respect to load lines.―A surveyor may inspect any Indian ship 
for the purpose of seeing that the provisions of this Part relating to load lines have been complied with 
and for this purpose may go on board the ship at all reasonable times and do all things necessary for 
the proper inspection of the ship and may also require the master of the ship to supply him with any 
information which it is in the power of the master to supply for that purpose, including the production 
of any certificate granted under this Part in respect of the ship. 

Load line certificates 
316.  Issue  of  load  line  certificates  and  effect  thereof.―(1)  Where  an  Indian  ship  has  been 
surveyed and marked in accordance with the foregoing provisions of this Part and complies with the 
conditions of assignment to the extent required in her case by those provisions, there shall be issued to 
the owner of the ship on his application and on payment of the prescribed fee,― 

1[(a) in the case of an existing ship which is of one hundred and fifty tons gross or more or a 
new  ship  of  twenty-four  meters  or  more  in  length,  and  which  in  either  case  carries  cargo  or 
passengers, a certificate to be called “an international load line certificate”; 

(aa) in the case of a ship which is exempted under clause (e) or clause (f) of sub-section (3) of 

section 310, a certificate to be called “an international load line exemption certificate]; and, 

(b) in the case of any other ship, a certificate to be called “an Indian load line certificate”. 

(2)  Every  such  certificate  shall  be  issued  cither  by  the  Central  Government  or  by  such  other 
person  as  may  be  authorised  in  that  behalf  by  the  Central  Government  and  shall  be  issued  in  such 
form and manner as may be prescribed by the load line rules. 

(3) The Central Government may request the Government of a country to which the Load Line 
Convention applies, to issue a load line certificate in the form of an international load line certificate 
under  that  Convention  in  respect  of  an  Indian  ship  and  a  certificate  issued  in  pursuance  of  such  a 
request and containing a statement that it has been so issued shall have effect for the purposes of this 
Part as if it had been issued by the Central Government. 

(4)  Where  a  load  line  certificate,  issued  in  pursuance  of  this  section  and  for  the  time  being  in 
force, is produced in respect of a ship, the ship shall, for the purposes of the foregoing provisions of 
this Part, be deemed to have been surveyed as required by those provisions, and if the deck line and 

1.  Subs. by Act 25 of 1970, s. 8, for clause (a) (w.e.f. 21-7-1968). 

126 

 
                                                      
load  lines  on  the  ship  are  of  the  number  and  description  required  by  the  load  line  rules  and  the 
position of the deck line and load lines corresponds with the position specified in the certificate, the 
ship shall be deemed to be marked as required by those provisions. 

1[317.  Duration  and  cancellation  of  certificates.―(1)  Every  certificate  issued  in  respect  of  a 
ship under clause (a) or clause (b) of sub-section (1) of section 316 and every certificate issued under 
clause (aa) of that sub-section to a ship referred to in clause (e) of sub-section (3) of section 310 shall 
be in force for a period of five years from the date of its issue or for such shorter period as may be 
specified in the certificate but subject to the provisions of this Part, a new certificate may be issued in 
respect of such ship: 

Provided that where it is not possible to issue such new certificate to any ship before the expiry of 
its  existing  certificate,  the  Central  Government  or  any  other  person  authorised  by  it  to  issue  such 
certificate may, on being satisfied that no alterations affecting the ship's free board have been made in 
the structure, equipment, arrangements, material or scantlings, after the last survey of the ship under 
sub-section  (5),  extend  the  validity  of  the  existing  certificate  for  such  period  not  exceeding  five 
months as the Central Government or such person may deem fit. 

2[Provided further that when the survey for the purpose of issue of certificate under sub-section 
(1) of section 316 is completed within three months before the expiry date of the existing certificate, 
the new certificate may be valid from the date of completion of such survey to a date not exceeding 
five years from the date of expiry of the existing certificate.] 

(2) Every certificate issued under clause (aa) of sub-section (1) of section 316 to a ship referred to 
in  clause  (f)  of  sub-section  (3)  of  section  310  shall  cease  to  be  valid  upon  the  completion  of  the 
voyage in respect of which such certificate was issued. 

(3) Notwithstanding anything contained in the foregoing provisions of this section, any certificate 

issued in respect of a ship under sub-section (1) of section 316 3[shall cease to be valid when― 

(a) the ship ceases to be an Indian ship; 

(b) material alterations such as would necessitate the assignment of an increased free board 

have taken place in the hull or superstructure of the ship; 

(c) the fittings and appliances for the protection of openings, the guard rails, freeing ports, or 

the means of access to the crew's quarters are not maintained in an effective condition; 

(d) the structural strength of the ship is lowered to such an extent as to render the ship unsafe; 

(e) the certificate is not endorsed to prove that the ship has been surveyed as required under 

sub-section (5); or 

(f) the marking of the deck line and load lines on the ship have not been properly maintained]. 

4* 

* 

* 

* 

*  

(5) The owner of every ship in respect of which any certificate has been issued under sub-section 
(1) of section 316 shall, so long as the certificate remains in force, cause the ship to be surveyed in the 
prescribed  manner  3[and  the  certificate  endorsed  once  at  least  in  each  year  during  the  period 
commencing three months before and ending three months after the anniversary date of expiry of the 
certificate for the purpose of ensuring that― 

(a)  alterations  have  not  been  made  to  the  hull  or  superstructure  which  would  affect  the 

calculations determining the position of the load lines; 

(b) the fittings and the appliances for the protection of openings, the guard rails, freeing ports, 

or the means of access to the crew's quarters are maintained in an effective condition; 

1.  Subs. by Act 25 of 1970, s. 9, for section 317 (w.e.f. 21-7-1968).    
2.  Ins. by Act 63 of 2002, s. 14 (w.e.f. 1-2-2003). 
3.  Subs. by s. 14, ibid., for certain words (w.e.f. 1-2-2003). 
4.  Omitted by s. 14, ibid. (w.e.f. 1-2-2003). 

127 

 
 
 
 
 
 
 
 
 
                                                      
(c) the free board marks are correctly and permanently marked; and 

(d) the stability information required under section 298 is readily available on board] 
1[(6) If an annual survey is completed before the period specified in sub-section (5) then,― 

(a) the anniversary date mentioned on the certificate shall be amended by endorsement to a 
date  which  shall  not  be  more  than  three  months  later  than  the  date  on  which  the  survey  was 
completed; 

(b) the subsequent annual survey required by sub-section (5) shall be completed using the new 

anniversary date; 

(c)  the  expiry  date  of  the  certificate  may  remain  unchanged  provided  one  or  more  annual 
survey  is  carried  out  so  that  the  maximum  interval  between  the  surveys  specified  under  sub-
section (5) is not exceeded. 

(7)  If  a  certificate  under  sub-section  (1)  of  section  316  is  issued  for  a  period  of  less  than  five 
years, the Central Government or any person authorised by it in this behalf, may extend the validity of 
the certificate beyond the expiry date to a maximum period specified in sub-section (1): 

Provided that, annual surveys referred to in sub-section (5) are carried out as may be appropriate. 

(7A) If a ship at the time when a certificate expires is not in a port at which it is to be surveyed, 
the Central Government or any person authorised by it in this behalf may extend the period of validity 
of  the  certificate,  but  this  extension  shall  be  granted  only  for  the  purpose  of  allowing  the  ship  to 
complete the voyage to the port in which it is to be surveyed and also only in cases where it appears 
proper and reasonable to do so: 

Provided that no certificate shall be extended for a period longer than three months and the ship to 
which an extension is granted shall not on its arrival at the port in which it is to be surveyed leave that 
port without having a new certificate: 

Provided further that when the survey is completed, the new certificate shall be valid to a date not 

exceeding five years from the date of expiry of the existing certificate. 

(7B) A certificate, issued to a ship engaged in short voyage which has not been extended under 
sub-section (7A), may be extended by the Central Government or any person authorised by it in this 
behalf for a period up to one month from the date of expiry and when the survey is completed, the 
new  certificate  shall  be  valid  up  to  a  date  not  exceeding  five  years  from  the  date  of  expiry  of  the 
existing certificate. 

(7C)  In  special  circumstances  where  the  Central  Government  so  determines  a  new  certificate, 
need not be dated from the date of expiry of the existing certificate, shall be valid up to a date not 
exceeding five years from the date of completion of the survey.] 

 (8) Where any certificate has ceased to be valid or been cancelled under this section, the Central 
Government may require the owner or master of the ship to which the certificate relates to deliver up 
the certificate as it directs and the ship may be detained until such Requirement has been complied 
with. 

(9) On the survey of any ship in pursuance of this section, there shall be paid by the owner of the 

ship such fee as may be prescribed.] 

318. Ships not to proceed to sea without certificate.―(1) No Indian ship shall proceed to sea 
unless  there  is  in  force  in  respect  of  the  ship  a  load  line  certificate  issued  under  the  provisions  of 
section 316. 

1. Subs. by Act 63 of 2002, s. 14, for sub-sections (6) and (7) (w.e.f. 1-2-2003). 

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(2)  The  master  of  every  Indian  ship  shall  produce  to  the  customs  collector,  from  whom  a  port 
clearance  for  the  ship  is  demanded,  the  certificate  which is  required  by  the  foregoing  provisions  of 
this section to be in force when the ship proceeds to sea, and the port clearance shall not be granted, 
and the ship may be detained, until that certificate is so produced. 

319.  Publication  of  load  line  certificate  and  particulars  relating  to  depth  of  loading.―(1) 
When a load line certificate has been issued in pursuance of the foregoing provisions of this Part in 
respect of an Indian ship other than a home-trade ship of less than two hundred tons gross— 

(a) the owner of the ship shall forthwith on the receipt of the certificate cause it to be posted 
up in some conspicuous place on board the ship and to be kept so posted up and legible so long as 
the certificate remains in force and the ship is in use; and 

(b) the master of the ship, before making any other entry in any official log book, shall enter 
or  cause  to  be  entered  therein  the  particulars  as  to  the  position  of  the  deck  line  and  load  lines 
specified in the certificate. 

(2)  Before  any  such  ship  leaves  any  dock,  wharf,  harbour  or  other  place  for  the  purpose  of 

proceeding to sea, the master thereof shall— 

(a) enter or cause to be entered in the official log book such particulars relating to the depth to 
which the ship is for the time being loaded as the Central Government may by rules made in this 
behalf prescribe; and 

(b) cause a notice in such form and containing such of the said particulars as may be required 
by the said rules, to be posted up in some conspicuous place on board the ship and to be kept so 
posted up and legible until the ship arrives at some other dock, wharf, harbour or place: 

Provided that the Central Government may by the said rules exempt home-trade ships or any class 

of home-trade ships from the requirements of clause (b) of this sub-section. 

320.  Insertion  of  particulars  as  to  load  lines  in  agreements  with  crew.―(1)  Before  an 
agreement with the crew of any ship in respect of which a load line certificate is in force, is signed by 
any member, of the crew, the master of the ship shall insert in the agreement the particulars as to the 
position of the deck line and load lines specified in the certificate. 

(2)  In  the  case  of  a  ship  required  by  this  Act  to  engage  its  crew  before  a  shipping  master,  the 

shipping master shall not proceed with the engagement of the crew until— 

(a) there is produced to him a load line certificate for the time being in force in respect of the 

ship; and  

(b)  he  is  satisfied  that  the  particulars  required  by  this  section  have  been  inserted  in  the 

agreement with the crew. 

Special provisions as to ship other than Indian ships 

 321.  Issue  of  load  line  certificates  to  foreign  ships  in  India  and  Indian  ships  in  foreign 
countries.―1[(1)] The Central Government may, at the request of a country to which the Load Line 
Convention applies, issue an international load line certificate in respect of a ship 2[registered or to be 
registered] in that country if it is satisfied in like manner as in the case of an Indian ship that it can 
properly  issue  the  certificate  and  where  the  certificate  is  issued  at  such  a  request,  it  shall  contain  a 
statement that it has been so issued. 

3[(2) The Central Government shall, as soon as may be, after the issue of a certificate in respect of 
a ship under sub-section (1), forward to the Government at whose request such certificate was issued a 
copy each of the certificate, the survey report used in computing the free, board of the ship and of the 
computations.] 

1. Section 321 renumbered as sub-section (1) thereof by Act 25 of 1970, s.10 (w.e.f. 21-7-1968).   
2. Subs. by s. 10, ibid.,  for the word “registered” (w.e.f. 21-7-1968).   
3. Ins. by s. 10, ibid. (w.e.f. 21-7-1968). 

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322.  Recognition  of  load  line  certificates  issued  outside  India.―An  international  1[load  line 
certificate or, as the case may be, an international load line exemption certificate] issued in respect of 
any ship other than an Indian ship by the Government of the country to which the ship belongs shall, 
subject to such rules as the Central Government may make in this behalf, have the same effect in India 
as  a  1[load  line  certificate  or,  as  the  case  may  be,  an  international  load  line  exemption  certificate] 
issued in respect of an Indian ship under this Part. 

 323. Inspection and control of Load Line Convention ships other than Indian ships.―2[(1) 
A  surveyor  may,  at  any  reasonable  time,  go  on  board  any  ship (other  than  an  Indian  ship)  carrying 
cargo  or  passengers  and  registered  in  a  country  to  which  the  Load  Line  Convention  applies,  when 
such ship is within any port in India, for the purpose of demanding the production of any international 
load line certificate or, as the case may be, international load line exemption certificate for the time 
being in force in respect of the ship: 

Provided that such ship is an existing ship of one hundred and fifty tons gross or more or a new 

ship of twenty-four meters or more in length.] 

(2) If a valid international load line certificate is produced to the surveyor on any such demand, 

the surveyor's powers of inspecting the ship with respect to load line shall be limited to seeing― 

(a) that the ship is not loaded beyond the limits allowed by the certificate; 

(b) that the position of the load lines on the ship corresponds with the position specified in the 

certificate; 

3[(c)  that  no  material  alterations  as  would  necessitate  the  assignment  of  an  increased  free 

board have taken place in the hull or superstructures of the ship;] 

(d) that the fittings and appliances for the protection of openings, the guard rails, the freeing 
ports  and  the  means  of  access  to  the  crew's  quarters  have  been  maintained  on  the  ship 4[in  an 
effective condition.] 
5[(2A)  If  a  valid  international  load  line  exemption  certificate  is  produced  to  the  surveyor  on 
demand made under sub-section (1), the surveyor's powers of inspecting the ship with respect to load 
lines shall be limited to seeing that the conditions stipulated in the certificate are complied with.] 

(3)  If  it  is  found 6[on  any  inspection  under  sub-section  (2)  or,  as  the  case  may  be,  sub-section 
(2A)] that the ship is loaded beyond the limits allowed by the certificate, the ship may be detained and 
the provisions of section 342 shall apply. 

(4)  If  it  is  found 6[on  any  inspection  under  sub-section  (2)  or,  as  the  ease  may  be,  sub-section 
(2A)] that the load lines on the ship are not in the position specified in the certificate, the ship may be 
detained until the matter has been rectified to the satisfaction of the surveyor. 

(5)  If  it  is  found 6[on  any  inspection  under  sub-section  (2)  or,  as  the  case  may  be,  sub-section 
(2A)] that the ship has been so materially altered in respect of the matters referred to in clauses (c) and 
(d) of sub-section (2) that the ship is manifestly unfit to proceed to sea without danger to human life, 
the ship shall be deemed to be unsafe for the purpose of section 336 (in the case of an Indian ship) or 
for the purpose of section 342 (in the case of any other ship): 

Provided that  where the  ship  has been  detained  under  either  of the  last-mentioned  sub-sections, 
the Central Government shall order the ship to be released as soon as, it is satisfied that the ship is fit 
to proceed to sea without danger to human life. 

1. Subs. by Act 25 of 1970, s. 11, for “load line certificate” (w.e.f. 21-7-1968).   
2. Subs. by s. 12, ibid., for sub-section (1) (w.e.f. 21-7-1968). 
3. Subs. by s. 12, ibid., for clause (c) (w.e.f. 21-7-1968). 
4. Subs. by s. 12, ibid., for certain words (w.e.f. 21-7-1968).  
5. Ins. by s. 12, ibid. (w.e.f. 21-7-1968).   
6. Subs. by s. 12, ibid., for “on any such inspection” (w.e.f. 21-7-1968).   

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(6)  If  a  valid  international  load  line  certificate 1[or,  as  the  case  may  be,  international  load  line 
exemption certificate] is not produced to the surveyor on such demand as aforesaid the surveyor shall 
have the same power of inspecting the ship, for the purpose of seeing that the provisions of this Part 
relating to load lines have been complied with as if the ship were an Indian ship. 

(7) For the purposes of this section a ship shall be deemed to be loaded beyond the limits allowed 
by  the  certificate  if  she  is  so  loaded  as  to  submerge  in  salt  water,  when  the  ship  has  no  list,  the 
appropriate load line on each side of the ship, that is to say, the load line appearing by the certificate 
to indicate the maximum depth to which the ship is for the time being entitled under the Load Line 
Convention, to be loaded. 

324.  Certificate  of  Load Line  Convention ships  other  than Indian ships  to be  produced to 
customs.―The master of every ship other than an Indian ship being a ship of one hundred and fifty 
tons gross or more carrying cargo or passengers, and belonging to a country to which the Load Line 
Convention applies, shall produce to the Customs Collector from whom a port clearance for the ship 
from any port of India is demanded— 

(a) in a case where port clearance is demanded in respect of a voyage to a port outside India, a 

valid international load line certificate; 

(b) in a case where port clearance is demanded in respect of any other voyage, either a valid 

international load line certificate or a valid Indian load line certificate; 

and the port clearance shall not be granted, and the ship may be detained, until the certificate required 
by this section is so produced. 

325. Marking of deck line and load lines of ships other than Indian ships.―The provisions of 
section  312  shall  apply  to  ships  other  than  Indian  ships  proceeding  or  attempting  to  proceed  to  sea 
from ports in India as they apply to Indian ships subject to the following modifications, namely:― 

(a) the said section shall not apply to a ship other than an Indian ship if a valid international 

load line certificate is produced in respect of the ship; and 

(b)  subject  to  the  provisions  of  clause  (a),  a  ship  other  than  an  Indian  ship  which  does  not 
comply with the conditions of assignment to the extent required in her case by section 323 shall 
be deemed to be unsafe for the purpose of section 342. 

326. Submersion of load line of ships other than Indian ships.―The provisions of section 313 
shall apply to ships other than Indian ships, while they are within any port in India as they apply to 
Indian ships subject to the following modifications, namely:― 

2[(a)  no  ship  belonging  to  a  country  to  which  the  Load  Line  Convention  applies  being  an 
existing  ship  of  one  hundred  and  fifty  tons  gross  or  more  or  being  a  new  ship  of  twenty-four 
metres or more in length shall be detained and no proceedings shall be taken against the owner or 
master thereof by virtue of the said section except after an inspection by a surveyor as provided by 
section 323; and] 

(b) the expression “the appropriate load line” in relation to any ship other than an Indian ship 

shall mean― 

(i) in the case of a ship in respect of which there is produced on such, an inspection as 
aforesaid a valid international load line certificate,  2[or, as the case may be, an international 
load  line  exemption  certificate]  the  load  line  appearing  by  the  certificate  to  indicate  the 
maximum  depth  to  which  the  ship  is  for  the  time  being  entitled  under  the  Load  Line 
Convention, to be loaded; 

1. Ins. by Act 25 of 1970, s.12 (w.e.f. 21-7-1968).  
2. Ins. by s. 13, ibid. (w.e.f. 21-7-1968). 

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(ii)  in  any  other  case,  the  load  line  which  corresponds  with  the  load  line  indicating  the 
maximum depth to which the ship is for the time being entitled under the load line rules to be 
loaded, or, if no load line on the ship corresponds as aforesaid, the lowest load line thereon. 

327.  Inspection  of  ships  other  than  Indian  ships  belonging  to  non-Convention 
countries.―The  provisions  of  section  315  shall  apply,  in  the  same  manner  as  they  apply  to  Indian 
ships,  to  all  ships  registered  in  a  country  to  which the  Load  Line  Convention  does  not  apply  while 
they are within Indian jurisdiction. 

328.  Load  line certificates  and international load  line exemption certificates  of ships  other 
than  Indian  ships.―(1)  The  provisions  of  this  Part  relating  to  the  issue,  effect,  duration,  1[and 
cancellation of Indian load fine certificates or, as the case may be, international load lines exemption 
certificates] shall apply to ships other than Indian ships as they apply to Indian ships subject to the 
following modifications, namely:― 

(a) any such certificate may be issued in respect of any such ship as in respect of an Indian 
ship provided that  2[any such certificate issued in respect of a ship carrying cargo or passengers 
being an existing ship of one hundred and fifty tons gross or more or being a new ship of twenty-
four metres or more in length] and registered, in a country to which the Load Line Convention 
applies,  shall  only  be  valid  so  long  as  the  ship is not  plying  on  voyages  from  or  to  any  port  in 
India to or from any place outside India and shall be endorsed with a statement to that effect and 
shall be cancelled by the Central Government if it has reason to believe that the ship is so plying; 
and 

(b)  the  survey  required  for  the  purpose  of  seeing  whether  the  certificate  should  remain  in 

force shall take-place when required by the Central Government. 

(2) If the Central Government is satisfied― 

(a) that provisions has been made for the fixing, marking and certifying of load lines by the 
law  in  force  in  any  country  outside  India  with  respect  to  ships  (or  any  class  or  description  of 
ships)  of  that  country  and  has  also  been  so  made  (or  has  been  agreed  to  be  so  made)  for 
recognising  Indian  load  line  certificates  as  having  the  same  effect  in  ports  of  that  country  as 
certificates issued under the said provision; and 

(b) that the said provision for fixing, marking and certifying of load lines is based on the same 
principles  as  the  corresponding  provisions  of  this  Part  relating  to  load  lines  and  is  equally 
effective, 

it may, by notification in the Official Gazette, direct that load line certificates issued in pursuance of 
the  said provision  or  in  respect  of ships  (or that  class  or  description  of  ships) of  that country,  shall 
have the same effect for the purpose of this Part as Indian load line certificates: 

3[Provided that such direction shall not apply to any ship carrying cargo or passengers being an 
existing ship of one hundred and fifty tons gross or more or being a new ship of twenty-four metres or 
more in length if such ship is registered in a country to which the Load Line Convention applies, and 
is engaged in plying on voyages from or to any port in India to or from any port outside India.] 

329.  Certificates to  be  produced to  customs  by ships  other than Indian  ships  registered in  
non-Convention  countries.―The  master  of  every  ship  registered  in  a  country  to  which  the  Load 
Line Convention does not apply shall produce to the customs collector from whom a port clearance 
for the ship from any port in India is demanded, either an Indian load line certificate or a certificate 
having  effect  under  this  Act  as  such  a  certificate,  being  a  certificate  for  the  time  being  in  force  in 
respect of the ship, and the port clearance shall not be granted and the ship may be detained until the 
certificate required by this section is so produced. 

1.  Subs.  by  Act  25  of  1970,  s.  14,  for  the  words  “renewal  and  cancellation  of  Indian  load  line  certificates”                       

(w.e.f. 21-7-1968).  

2. Subs. by s. 14, ibid., for “any such certificate issued in respect of a ship of 150 tons gross or more carrying cargo or 

passengers” (w.e.f. 21-7-1968).  

3. Subs. by s. 14, ibid., for the proviso (w.e.f. 21-7-1968). 

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Loading of timber 

330. Power to make rules as to timber cargo.―(1) The Central Government shall, subject to the 
condition of previous publication, make rules (hereafter in this section referred to as the timber cargo 
rules)  as  to the conditions on  which timber  may  be  carried  as  cargo  in  any  uncovered  space  on  the 
deck of any Indian ship. 

(2)  The  timber  cargo  rules  may  prescribe  a  special  load  line  to  be  used  only  when  the  ships 
carrying timber as cargo on deck and the conditions on which such special load line may be assigned, 
and  may  further  prescribe  either  generally  or  with  reference  to  particular  voyages  and  seasons  the 
manner and position in which such timber is to be stowed and the provisions which are to be made for 
the safety of the crew. 

(3) Any surveyor may at any reasonable time, inspect any Indian ship carrying a timber as cargo 
in  any  uncovered  space  on  her  deck  for  the  purpose  of  seeing  whether  the  timber  cargo  rules  have 
been complied with. 

(4) The foregoing provisions of this section and the timber cargo rules shall apply to ships other 

than Indian ships while they are within Indian jurisdiction as they apply to Indian ships. 

Dangerous goods and grain cargoes 

331. Carriage of dangerous goods.―(1) The Central Government may make rules for regulating 

in the interests of safety the carriage of dangerous goods in ships. 

1[(2) In particular and without prejudice to the generality of the foregoing power, such rules may 
provide  for  the  classification,  packing,  labelling  and  marking  of  such  goods  or  any  class  of  such 
goods, stowing of such goods (whether with or without other cargo) including plans for stowing, the 
fixing of the maximum quantity of any such class of goods which may be carried in different ships or 
classes  of  ships,  and  such  other  matters  relating  to  dangerous  goods  as  required  to  be  provided  for 
implementing the provisions of the Safety Convention.] 

(3) The owner, master or agent of a ship carrying or intending to carry any dangerous goods as 
cargo  and  about  to  make  a  voyage  from  a  port  in  India  shall  furnish  in  advance  the  prescribed 
particulars of the ship and the cargo to such authority as may be prescribed for the purpose. 

(4) A surveyor may inspect the ship for the purpose of securing that any rules under this section 

are complied with. 

(5) If any of the rules made in pursuance of this section is not complied with in relation to any 

ship, the ship shall be deemed for the purpose of this Part to be an unsafe ship. 

(6) This section shall apply, in the same manner as it applies to Indian ships, to ships other than 
Indian ships while they are within any port in India or are embarking or disembarking passengers or 
are loading or discharging cargo or fuel within Indian jurisdiction. 

Explanation.― In this section the expression “dangerous goods” means goods which by reasons 
of the nature, quantity or mode of stowage are either singly or collectively liable to endanger the life 
or the health of persons on or near the ship or to imperil the ship, and includes all substances within 
the  meaning  of  the  expression  “explosive”  as  defined  in  the  Indian  Explosives  Act,  1884,  and  any 
other  goods  which  the  Central  Government  may  by  notification  in  the  Official  Gazette  specify  as 
dangerous goods 2[but shall not include,― 

 (a)  any  fog  or  distress  signals  or  other  stores  or  equipment  required  to  be  carried  by  the  ship 

under this Act or the rules or regulations thereunder; 

(b)  particular  cargoes  carried  in  ships  specially  built  or  converted  as  a  whole  for  that  purpose, 

such as tankers.] 

1. Subs. by Act 21 of 1966, s. 26, for sub-section (2) (w.e.f. 28-5-1966). 
2.  Subs. by s. 26, ibid., for certain words (w.e.f. 28-5-1966). 

133 

 
                                                      
1[331A. Grain loading plan.―(1) No grain shall be loaded on board any Indian ship anywhere 
unless there is in force in respect of such ship a grain-loading plan approved under sub-section (3) or 
sub-section (4). 

(2) The grain-loading plan shall be in such form and contain such particulars as to the stability of 
the  ship,  circumstances  of  loading  on  departure  and  arrival,  the  main  characteristics  of  the  fittings 
used to prevent the shifting of cargo and such other matters as may be prescribed, having regard to the 
rules made under sub-section (5) of section 332. 

(3) Save as otherwise provided in sub-section (4), the grain-loading plan shall be submitted to the 
Central Government for approval and that Government may, having regard to the rules made under 
sub-section (5) of section 332, the stability of the ship and the circumstances of loading on departure 
and arrival, approve the plan with such modifications, if any, as it may deem necessary. 

(4)  The  Central  Government  may  request  the  Government  of  a  country  to  which  the  Safety 
Convention  applies  to  approve  the  grain-loading  plan  of  an  Indian  ship  and  an  approval  given  in 
pursuance of such a request and containing a statement that it has been so given shall have effect for 
the purposes of this section as if the approval had been given by the Central Government. 

(5)  The  Central  Government  may,  at  the  request  of  the  Government  of  a  country  to  which  the 
Safety  Convention  applies approve  the  grain-loading  plan  of  a ship  registered in  that  country  if the 
Central Government is satisfied, in the like manner as in the case of an Indian ship, that such approval 
can properly be given and where approval is given at such a request, it shall contain a statement that it 
has been so given. 

(6) It is hereby declared that for the purposes of section 208 (which requires document relating to 
navigation to be delivered by the master of a ship to his successor) the plan shall be deemed to be a 
document relating to the navigation of the ship.] 

332.  Carriage  of  grain.―(1)  Where  grain  is  loaded  on  board  any  Indian  ship  anywhere  or  is 
loaded within any port in India on board any other ship, all necessary and reasonable precautions shall 
be  taken  to  prevent  the  grain  from  shifting;  and  if  such  precautions  as  aforesaid  are  not  taken,  the 
owner or the master of the ship or any agent of the owner who was charged with the loading or with 
sending the ship to sea laden with grain shall be guilty of an offence under this sub-section and the 
ship shall be deemed for the purposes of this Part to be unsafe by reason of improper loading. 

(2) Where any ship which is loaded with grain outside India without all necessary and reasonable 
precuations having been taken to prevent the grain from shifting, enters any port in India so laden, the 
owner or master of the ship shall be guilty of an offence under this sub-section and the ship shall be 
deemed for the purposes of this Part to be unsafe by reason of improper loading. 

2[(2A)  Where  grain  is  loaded  on  board  an  Indian  ship  in  accordance  with  a  grain  loading  plan 
approved under section 331A or where grain is loaded on board any other ship in accordance with a 
grain-loading plan approved by or on behalf of the Government of the country in which that ship is 
registered, the ship shall be deemed, for the purposes of sub-sections (1) and (2), to have been loaded 
with all necessary and reasonable precautions.] 

(3) On the arrival at a port in India from a port outside India of any ship carrying a cargo of grain, 
the master shall cause to be delivered at the port to such customs or other officer as may be specified 
by the Central Government in this behalf, a notice stating- 

(a)  the  draught  of  water  and  free  board  of  the  said  ship  after  the  loading  of  the  cargo  was 

completed at the final port of loading; 3*** 

4[(b)  the  kind  of  grain  carried  and  quantity  thereof  stated  in  cubic feet,  quarters,  bushels  or 

tons weight; and 

1. Ins. by Act 21 of 1966, s. 27 (w.e.f. 28-5-1966). 
2. Ins. by s. 28, ibid. (w.e.f. 28-5-1966). 
3. The word “and” omitted by s. 28, ibid. (w.e.f. 28-5-1966). 
4. Subs. by s. 28, ibid., for clause (b) (w.e.f. 28-5-1966). 

134 

 
                                                      
(c) the mode in which the grain is stowed and the precautions taken to prevent the grain from 
shifting and where the grain has been stowed in accordance with the ships‟ grain-loading plan, if 
any, that it has been so stowed.] 
1[(4) any person authorised in this behalf, by general or special order of the Central Government 
may, for securing the observance of the provisions of this section, go on board a ship carrying a cargo 
of  grain  and  require  the  production  of  the  grain-loading  plan  of  the  ship  and  inspect  the  mode  in 
which the cargo is stowed in the ship.] 

(5) The Central Government may, subject to the condition of previous publication, 2[make rules in 
relation to grain-loading plans and the loading of ships] with grain generally or of ships of any class 
specifying the precautions to be taken, and when such precautions have been prescribed, they shall be 
treated  for  the  purposes  of  this  section  to  be  included  in  the  expression  necessary  and  reasonable 
precautions”. 

(6) In  3[section 331A and this section,] the expression  “gram” includes wheat, maize, oats, rye, 
barley,  rice,  pulses  and  seeds,  and  the  expression  “ship  carrying  a  cargo  of  grain”  means  a  ship 
carrying  a  quantity  of  grain  exceeding  one-third  of  the  ship's  registered  tonnage  reckoning  one 
hundred cubic feet or two tons of weight of grain as equivalent to one ton of registered tonnage. 

Sub-division load lines 

333. Submersion of sub-division load lines in case of passenger ships.―(1) Where— 

(a) an Indian passenger ship has been marked with sub-division load lines, that is to say, load 
lines indicating the depth to which the ship may be loaded having regard to the extent to which 
she is sub-divided and to the space for the time being allotted to passengers, and 

(b) the appropriate sub-division load line, that is to say, the sub-division load line appropriate 
to  the  space  for  the  time  being  allotted  to  passengers  on  the  ship,  is  lower  than  the  load  line 
indicating the maximum depth to which the ship is for the time being entitled under the provisions 
of this Part to be loaded, 

the ship shall not be so loaded as to submerge in salt water the appropriate sub-division load line on 
each side of the ship when the ship has no list. 

(2) Without prejudice to any other proceedings under this Act, any such ship which is loaded in 

contravention of this section may be detained until she ceases to be so loaded. 

Unseaworthy ships 

 334. Unseaworthy ship not to be sent to sea.―(1) Every person who sends or attempts to send 
an Indian ship to sea from any port in India in such an unseaworthy state that the life of any person is 
likely to be thereby endangered shall, unless he proves that he used all reasonable means to insure her 
being sent to sea in a seaworthy state or that her going to sea in such unseaworthy state was under the 
circumstances, reasonable and justifiable, be guilty of an offence under this sub-section. 

(2)  Every  master  of  an  Indian  ship  who  knowingly  lakes  such  ship  to  sea  in  such  unseaworthy 
state  that  the  life  of  any  person  is  likely  to  be  thereby  endangered  shall,  unless  he  proves  that  her 
going  to  sea in  such  unseaworthy  state  was,  under the  circumstances, reasonable  and justifiable,  be 
guilty of an offence under this sub-section. 

(3)  For  the  purpose  of  giving  such  proof,  every  person  charged  under  this  section  may  give 

evidence in the same manner as any other witness. 

(4)  No  prosecution  under  this  section  shall  be  instituted  except  by,  or  with  the  consent  of,  the 

Central Government. 

1. Subs. by Act 21 of 1966, s. 28, for sub-section (4) (w.e.f. 28-5-1966). 
2. Subs. by s. 28, ibid., for “make rules in relation to the loading of ships” (w.e.f. 28-5-1966). 
3. Subs. by s. 28, ibid., for “this section” (w.e.f. 28-5-1966).  

135 

 
                                                      
(5) A ship is “unseaworthy” within the meaning of this Act when the materials of which she is 
made, her construction, qualifications of the master, the number, description and qualifications of the 
crew 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. 

 335. Obligation of owner to crew with respect to seaworthiness.―(1) In every contract 
of  service,  express  or  implied  between  the  owner  of  an  Indian  ship  and  the  master  or  any  seaman 
thereof, and in every contract of apprenticeship whereby any person is bound to serve as an apprentice 
on  board  any  such  ship,  there  shall  be  implied,  notwithstanding  any  agreement  to  the  contrary,  an 
obligation on the owner that such owner and the master, and every agent charged with the loading of 
such ship or the preparing thereof for sea, or the sending thereof to sea, shall use all reasonable means 
to ensure the seaworthiness of such ship 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  seeing  that  the  provisions  of  this  section  have  been  complied  with,  the 
Central Government may, either at the request of the owner or otherwise, arrange for a survey of the 
hull, equipment or machinery of any sea-going ship by a surveyor. 

Detention of unsafe ships by the Central Government 

336. Power to detain unsafe ship and procedure for detention.―(1) Where an Indian ship in 
any port to which the Central Government may specially extend this section is an unsafe ship, that is 
to say, is by reason of the defective condition of her hull, equipment or machinery, or by reason of 
overloading or improper loading, unfit to proceed to sea without serious danger to human life, having 
regard to the nature of the service for which she is intended, such slip  any be provisionally detained 
for the purpose of being surveyed and either finally detained or released as follows, namely:― 

(a) The Central Government, if it has reason to believe, on complaint or otherwise, that any 
such  ship  is  unsafe,  may  order  the  ship  to  be  provisionally  detained  as  an  unsafe  ship  for  the 
purpose of being surveyed. 

(b)  A  written  statement  of  the  grounds  of  such  detention  shall  be  forthwith  served  on  the 

master of such ship. 

(c) When the Central Government provisionally orders the detention of a ship, it shall either 
refer the matter to the Court of survey for the port where the ship is detained, or forthwith appoint 
some competent person to survey such ship and report thereon; and, on receiving the report, may 
either  order  the  ship  to  be  released  or  if  in  its  opinion  the  ship  is  unsafe,  may  order  her  to  be 
finally detained, either absolutely or until the performance of such conditions with respect to the 
execution  of  repairs  or  alterations,  or  the  unloading  or  reloading  of  cargo,  as  the  Central 
Government thinks necessary for the protection of human life. 

(d) Before an order for final detention is made, a copy of the report shall be served upon the 
master  of  the  ship,  and  within  seven  days  after  such  service  the  owner  or  master  may  appeal 
against such report, in the manner prescribed, to the court of survey for the port where the ship is 
detained. 

(e) Where a ship has been provisionally detained and a person has been appointed under this 
section to survey such ship, the owner or master of the ship, at any time before such person makes 
that  survey,  may  require  that  he  shall  take  with  him  as  assessor  such  person  as  the  owner  or 
master may select, being a person named in the list of assessors for the Court of survey or, if there 
is no such list, or if it is impracticable to procure the attendance of any person named in such list, 
a person of nautical engineering or other special skill and experience. If the surveyor and assessor 
agree that the ship should be detained or released, the Central Government shall cause the ship to 
be detained or released accordingly, and the owner or master shall have no right of appeal. If the 
surveyor and assessor differ in their report, the Central Government may act as if the requisition 

136 

 
had not been made, and the owner or master shall have a right of such appeal touching the report 
of the surveyor as is hereinbefore provided in this section. 

(f) Where a ship has been provisionally detained, the Central Government may at any time if 
it  thinks  it  expedient,  refer  the  matter  to  the  Court  of  survey  for  the  port  where  the  ship  is 
detained. 

(g)  The  Central  Government  may  at  any  time,  if  satisfied  that  a  ship  detained  under  this 

section is not unsafe, order her to be released either upon or without any conditions. 

(2) Any person appointed by the Central Government for the purpose (in this Act referred to as a 
detaining  officer)  shall  have  the  same  power  as  the  Central  Government  has  under  this  section  of 
provisionally ordering the detention of a ship for the purpose of being surveyed, and of appointing a 
person to survey her, and if he thinks that a ship so detained by him is not unsafe, may order her to be 
released. 

(3) A detaining officer shall forthwith report to the Central Government any order made by him 

for the detention or release of a ship. 

(4) A ship detained under this section shall not be released by reason of her Indian register being 

subsequently closed.  

Costs of detention and damages incidental thereto 

337. Liability of Central Government for costs and damage when ship wrongly detained.―If 
it appears that there was not reasonable and probable cause, by reason of the condition of the ship or 
the  act  or  default  of  the  owner  or  the  master,  for  the  provisional  detention  of  a  ship,  the  Central 
Government shall be liable to pay to the owner of the ship his costs of and incidental to the detention 
and survey of the ship, and also compensation for any loss or damage sustained by him by reason of 
the detention or survey. 

338. Liability of ship owner for costs when ship rightly detained.―If a ship is finally detained 
under this  Part, or if it appears  that a  ship  provisionally  detained  was  at  the  time  of  such  detention 
unsafe,  or  if  a  ship  is  detained  in  pursuance  of  any  provision  of  this  Part  which  provides  for  the 
detention  of  a  ship  until  a  certain  event  occurs,  the  owner  of  the  ship  shall  be  liable  to  pay  to  the 
Central Government its costs of and incidental to the detention and survey of the ship; and the ship 
shall not be released until such costs are paid. 

339. Method of calculating costs of detention and survey.―For the purposes of this Act, the 
costs of and incidental to any proceeding before a Court of survey, and a reasonable amount in respect 
of  the  remuneration  of  the  surveyor  or  any  person  appointed  to  represent  the  Central  Government 
before the Court, shall be deemed to be part of the costs of the detention and survey of the ship. 

340. Power to require from complainant security for costs, etc.―When a complaint is made to 
the Central Government or a detaining officer that an Indian ship is unsafe, it shall be in the discretion 
of the Central Government or the detaining officer, as the case may be, to require the complainant to 
give security to the satisfaction of the Central Government or the detaining officer for the costs and 
compensation which such complainant may become liable to pay as hereinafter mentioned: 

Provided that, where the complaint is made by one-fourth, being not less than three, of the seamen 
belonging  to  the  ship,  and  is  not  in  the  opinion  of  the  Central  Government  or  the  detaining  officer 
frivolous  or  vexatious,  such  security  shall  not  be  required;  and  the  Central  Government  or  the 
detaining officer shall, if the complaint is made insufficient time before the sailing of the ship, take 
proper steps to ascertain whether the ship ought to be detained under this Part. 

341. Costs, etc., payable by Central Government recoverable from complainant.―Where a 
ship  is  detained  in  consequence  of  any  complaint  and  the  circumstances  are  such  that  the  Central 
Government is liable under this Part to pay to the owner of the ship any costs or compensation, the 
complainant shall be liable to pay to the Central Government all such costs and compensation as the 
Central Government incurs, or is liable to pay, in respect of the detention and survey of the ship. 

137 

 
342. Application to ships other than Indian ships of provisions as to detention.―When a ship 
other  than  an  Indian  ship  is  in  a  port  in  India  and  is,  whilst  at  that  port,  unsafe  by  reason  of  the 
defective  condition  of  her  hull,  equipment  or  machinery,  or  by  reason  of  overloading  or  improper 
loading, the provisions of this Part with respect to the detention of ships shall apply to that ship as if 
she were an Indian ship with the following modifications, namely: — 

(a) a copy of the order for the provisional detention of the ship shall forthwith be served on 
the consular officer for the country to which the ship belongs at or nearest to the port in which 
such ship is detained; 

(b) the consular officer, at the request of the owner or master of the ship, may require that the 
person  appointed  by  the  Central  Government  to  survey  the  ship  shall  be  accompanied  by  such 
person as the consular officer may select, and in that case, if the surveyor and that person agree, 
the Central Government shall cause the ship, to be detained or released accordingly, but, if they 
differ, the Central Government may act as if the requisition had not been made, and the owner and 
master shall have the like right of appeal to a Court of survey touching the report of the surveyor 
as is hereinbefore provided in the case of an Indian ship; and 

(c) where the owner or master of the ship appeals to the Court of survey, the consular officer, 
at the request of the owner or master, may appoint a competent person to be assessor in the case in 
lieu of the assessor who, if the ship were an Indian ship, would be appointed otherwise than by the 
Central Government. 

 343. Exemption of ships from certain provisions of this Part.―(1) Nothing in this Part― 

(a) prohibiting a ship from proceeding to sea unless there are in force in relation to the ship, 
or  are  produced  the  appropriate  certificates  issued  under  this  Part  or  the  appropriate  safety 
convention certificates; 

(b) requiring information about a ship's stability to be carried on board,  

shall,  unless  in  the  case  of  information  about  a  ship's  stability  the  Central  Government  otherwise 
orders, apply to any troopship, pleasure yacht or fishing vessel or to 1[any cargo ship of less than three 
hundred tons gross] or to any ship not fitted with mechanical means of propulsion. 

(2)  Nothing  in  the  preceding  sub-section  shall  affect  the  exemption  conferred  by  any  other 

provision of this Act. 

(3) Nothing in this Part shall apply to any ship other than an Indian ship while it is within any port 
in India if it would not have been within such port but for stress of weather or any other circumstance 
that  neither  the  master  nor  the  owner  nor  the  charterer,  if  any,  of  the  ship  could  have  prevented  or 
forestalled. 

344.  Power  to  make  rules  respecting  certificates  under  this  Part.―(1)  The  Central 
Government  may,  subject  to  the  condition  of  previous  publication,  make  rules  to  carry  out  the 
purposes of this Part relating to certificates granted under this Part. 

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

prescribe― 

2[(a) the form of any certificate and record of equipment issued under this Part; 

(aa) the manner of surveys required to be made in respect of ships to which the manner of 

surveys specified in the Safety Convention is not applicable;] 

1.  Subs.  by  Act  21  of  1966,  s.  29,    for    “any  ship  of  less  than  five  hundred  tons  gross  other  than  a  passenger  ship”  

(w.e.f. 28-5-1966).  

2. Subs. by Act 63 of 2002, s.15, for clause (a) (w.e.f. 1-2-2003). 

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(b) the  circumstances  in  which  a certificate  purporting  to  have  been  issued  outside  India  in 
accordance  with the  provisions  of the  Safety  Convention  or  the  Load  Line  Convention  shall  be 
recognised in India; 

(c) the fees to be charged in respect of any certificate issued under this Part and the manner in 

which such fees may be recovered. 

1[(d) the fees to be charged for the survey or inspection of hull, machinery, boilers, electrical 

appliances  and  other  fittings  and  the  materials  used  for  their  construction,  fire  appliances,                 
life-saving  appliances,  radio  communications  equipment,  radar,  echo  sounding  device  and  gyro 
compass,  or  testing  or  approval  of  any  of  the  foregoing  equipments  or  materials  used  for  their 
manufacture,  or  examination  of  plans  of  construction  of  any  part  of  ships'  hull,  machinery, 
electrical  appliances  and  other  equipment  aforesaid  and  the  manner  in  which  such  fees  may  be 
recovered.] 

2[PART IXA 

NUCLEAR SHIPS 

344A.Application of Act to nuclear ships.―(1) This Part applies only to nuclear ships. 

(2) Notwithstanding anything contained in this Act, a nuclear ship shall not be required to obtain 
or produce any certificate referred to in sub-clauses (i) to (ix) of clause (38) of section 3 or, as the case 
may be, any like valid safety convention certificate. 

(3) The  Central  Government  may,  by  notification  in  the  Official  Gazette,  direct  that  any  of  the 
provisions  of  this  Act  (other  than  the  provisions  of  this  Part  and  the  provisions  of  section  456) 
specified in the notification― 

(a) shall not apply to nuclear ships; or 

(b) shall apply to nuclear ships, only with such exceptions, modifications and adaptations as 

may be specified in the notification. 

(4) A copy of every notification proposed to be issued under sub-section (3) shall be laid in draft 
before both Houses of Parliament for a period of not less than thirty days while they are in session and 
it shall not be issued until it has been approved, whether with or without modification, by each House 
of Parliament. 

344B.  Nuclear  passenger  ship  safety  certificates  and  nuclear  cargo  ship  safety 
certificates.―(1) If in respect of any Indian nuclear passenger or cargo ship the Central Government 
is satisfied that the ship has been surveyed in accordance with this Act and has been inspected by a 
person  appointed  in  this  behalf  by  the  Central  Government  and  has  complied  with  such  special 
requirements, if any, as that person has, after such inspection, specified, the Central Government may 
issue― 

(a) in the case of a passenger ship, a nuclear passenger ship safety certificate; 

(b) in the case of a cargo ship, a nuclear cargo ship safety certificate. 

(2) A certificate issued under sub-section (1) shall be in force for a period of twelve months from 

the date of issue or for such shorter period as may be specified in the certificate. 

344C. Prohibition of proceeding to sea without certificates.―(1) No Indian nuclear ship shall 
proceed on a voyage from any port or place in India to any port or place outside India unless there is 
in force in respect of the ship― 

(a) a nuclear passenger ship safety certificate, if she is a passenger ship; 

(b) a nuclear cargo ship safety certificate, if she is a cargo ship. 

1. Ins. by Act 12 of 1983, s. 9 (w.e.f. 18-5-1983). 
2. Ins. by Act 21 of 1966, s. 30 (w.e.f. 28-5-1966). 

139 

 
                                                      
(2) The master of a ship to which this section applies shall produce to the customs collector from 
whom a port clearance for the ship is demanded the certificate required by sub-section (1) when the 
ship proceeds to sea and the port clearance shall not be granted and the ship may be detained until the 
said certificate is so produced. 

344D. Safety assessment and operating manual.―(1) Every Indian nuclear ship shall have on 
board a safety assessment and an operating manual in such form and containing such particulars and 
approved by such authority as may be prescribed. 

(2) The safety assessment and the operating manual shall be prepared, maintained and kept up-to-

date in such manner as may be prescribed. 

344E. Foreign nuclear ships to give advance notice of arrival.―(1) No nuclear ship, other than 
an Indian ship, shall enter the territorial waters of India unless the master, owner or agent thereof has 
given  such  advance  notice  of  the  ship's  intended  arrival  in  India  as  may  be  prescribed,  to  such 
authority as may be specified by the Central Government, and has forwarded along with the notice a 
true copy of the ship's safety assessment to that authority. 

(2) If on the examination and evaluation of the ship's safety assessment the authority referred to in 
sub-section  (1)  is  of  opinion  that  the  entry  of  the  ship  will  involve  unreasonable  radiation  or  other 
hazards to the crew, passengers, members of the public, waterways, food or water resources, he may 
direct the nuclear ship not to enter the territorial waters of India and the ship shall comply with such 
direction. 

344F.  Control  on  arrival  of  nuclear  ships.―(1)  The  master  of  every  nuclear  ship  shall,  on 
arrival at a port in India, give notice of the ship's arrival in the prescribed form to such authority as the 
Central Government may specify in this behalf. 

(2)  Any  person  authorised  in  this  behalf  (hereinafter  referred  to  as  the  authorised  person),  by 
general  or  special  order  of  the  Central  Government,  may  go  on  board  such  ship  for  the  purpose  of 
verifying that she has on board a valid nuclear passenger ship safety certificate or, as the case may be, 
nuclear  cargo  ship  safety  certificate  and  for  the  purpose  of  satisfying  himself  after  examining  the 
safety  assessment  and  operating  manual  and  such  other  things  as  he  deems  fit  that  there  are  no 
unreasonable  radiation  or other  hazards  to  the  crew,  passengers  members  of  the  public,  waterways, 
food or water resources. 

(3)  If  the  authorised  person  is  satisfied  after  such  examination  that  there  are  no  unreasonable 
radiation or other hazards to the crew, passengers, members of the public, waterways, food or water 
resources, he may issue a certificate to that effect. 

344G. Notice of accidents to nuclear ships.―(1) Where an Indian nuclear ship meets with an 
accident  and  such  accident  is  likely  to  lead  to  environmental  hazards,  the  master  of  the  ship  shall 
forthwith give notice of the accident― 

(a) to such officer or authority as may be specified in this behalf by the Central Government; 

and 

(b)  if  the  ship  is  in  or  intends  to  enter  the  territorial  water  of  a  foreign  State,  also  to  the 

appropriate Government authority of the State. 

(2) Where a nuclear ship other than an Indian ship meets with an accident of the nature specified 
in sub-section (1) while she is in the territorial waters of, or at a port in, India, the master of the ship 
shall  forthwith  give  notice  of  the  accident  to  the  officer  or  authority  specified  under  clause  (a)  of             
sub-section (1). 

(3)  On  receipt  of  a  notice  under  sub-section  (1)  or  sub-section  (2),  the  officer  or  authority 
specified  under  clause  (a)  of  sub-section  (1)  shall  issue  such  directions  as  he  thinks  necessary  and 
expedient  in  the  circumstances  of  the  case  and  investigate  into  the  causes  of  the  accident  in  such 
manner as may be prescribed. 

140 

 
(4)  A  copy  of  the  directions  issued  under  sub-section  (3)  and  a  report  of  the  findings  of  the 

investigation shall be sent to the Central Government within such time as may be prescribed. 

(5) Where a nuclear ship other than an Indian ship meets with an accident of the nature specified 
in sub-section (1) at any port or place outside India and intends to enter the territorial waters of India 
in a damaged condition, the master of such ship shall give notice of the nature of the accident and the 
condition  of  the  ship  in  such  form  as  may  be  prescribed  to  the  officer  or  authority  specified  under 
clause  (a)  of  sub-section  (1)  and  shall  comply  with  such  directions  as  that  officer  or authority  may 
give. 

(6) The provisions of this section are in addition to and not in derogation of the provisions, of Part 

XII of this Act. 

344H.  Application  of  certain  sections  to  or  in  relation  to  certain  certificates  under  section 
344B.―(1) The provisions of sections 228 to 231 (inclusive) shall, so far as may be, apply to and in 
relation to every certificate issued by the Central Government under section 344B in the same manner 
as they apply to and in relation to a certificate of survey. 

(2) The provisions of section 309 A shall apply to and in relation to a nuclear ship surveyed for 
the  purpose  of  issue  of  a  certificate  under  section  344B  as  they  apply  to  and  in  relation  to  a    ship 
surveyed for the purpose of issue of a safety convention certificate under Part IX. 

344-I. Power to make rules.― (1) The Central Government may, by notification in the Official 

Gazette, make rules to carry out the purposes of this Part.  

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

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

(a)  the  design,  construction  and  standards  of  inspection  and  assembly  of  the  reactor 

installations of nuclear ships; 

(b) the standards of safety of nuclear ships; 

(c) the manner of survey of nuclear ships; 

(d) the forms in which certificates under this Part may be issued;  

(e) the form  and  manner in  which the safety  assessment  and  operating  manual  of a  nuclear 
ship are to be prepared, maintained and kept up-to-date and the particulars to be contained therein; 

(f) the form of notices under this Part and the time when such notices should be given; 

(g)  the  manner  in  which  investigations  may  be  made  into  causes  of  accidents  to  a  nuclear 

ship; 

(h) the special precautions to be taken against unreasonable radiation or other nuclear hazards 

to the crew, passengers and other persons, to waterways and to food and water resources; 

(i) the manner in which radio-active waste from nuclear ships is to be stowed and disposed of; 

(j)  the  manner  in  which  the  reactor  fuelling,  defuelling  and  refuelling  and  maintenance  of 

nuclear ships are to be carried out; 

(k) the special training for and qualifications of, masters and seamen of nuclear ships; 

(l)  the  special  requirements  relating  to  approach,  entry  into,  stay  in  or  departure  from,  an 

Indian port of a nuclear ship; 

(m) the procedure to be followed for determining the operational conditions of a nuclear ship; 

(n)  the  protection  and  closure  of  the  reactor  installation  of  nuclear  ships  in  the  case  of  a 

collision, grounding, fire, leakage of radio-active material or other accident; 

(o) the fees to be charged for any inspection survey or certificate under this Part; 

(p) any other matter which has to be or may be prescribed.] 

141 

 
1[PART IXB 

SECURITY OF SHIPS AND PORT FACILITIES 

 344J. Application.―(1) Subject to sub-section (2), this Part shall apply to— 

(a) the following types of ships engaged on international voyages, namely:— 

(i) passenger ships including high speed passenger craft; 

(ii) cargo ships including high speed craft of five hundred gross tonnage and above; 

(iii) mobile offshore drilling units: 

Provided that the Central Government may extend the application of this Part to those ships which 

are exclusively engaged on coastal voyages; 

(b) the port facilities serving ships referred to in clause (a): 

Provided  that  the  Central  Government  may,  after  taking  decision,  on  the  basis  of  port  facility 
security assessment having carried out under this Part, extend the application of this Part to those port 
facilities  which,  although  used  primarily  by  ships  not  engaged  on  international  voyages,  are 
occasionally required, to serve ships arriving or departing on international voyages. 

(2) This Part shall not apply to war ships, naval auxiliaries, or other ships owned or operated by 

the Central Government and used only for non-commercial service by that Government. 

344K. Definitions.―In this Part, unless the context otherwise requires,— 

(a) “company” means the owner of the ship who, or any organisation which has assumed the 
responsibility of operation of the ship from the owner of such ship and who or which has agreed 
to take over all the duties and responsibilities imposed by the  International Safety Management 
Code; 

(b) “declaration of security” means an agreement between ships or a ship and a port facility 

specifying therein the security measures to be complied with; 

(c)  “designated  authority”  means  such  authority  as  the  Central  Government  may,  by 

notification in the Official Gazette, specify; 

(d)  “International  Ship  and  Port  Facility  Security  Code”  means  the  code  for  the  security  of 

ships and port facilities provided in the Safety Convention; 

(e)  “port  facility”  means  any  location  or  area  including  anchorages  or  waiting  berths  or 
approaches from seaward and determined by the Central Government or the designated authority, 
as the case may be, where interface between ships or a ship and a port takes place; 

(f)  “recognised  security  organisation”  means  any  organisation,  company,  firm  or  body  of 
individuals  having  expertise  in  matters  relating  to  security  and  knowledge  of  ship,  and  port 
operations, which or who are authorised by the Central Government by notification in the Official 
Gazette, to carry out assessment or verification or approval or certification required by this Part or 
by the International Ship arid Port Facility Code; 

(g) “security level” means the qualification of the degree of risk associated with the threat or 

an unlawful act against a ship, or against a port facility or any other area connected therewith; 

(h)  words  and  expressions  used  in  this  Part  but  not  defined  in  this  Part  shall  have  the 

respective meanings as assigned to them in the Safety Convention. 

344L. Ship identification number.―(1) The Central Government or the designated authority, as 
the case may be, shall provide every Indian ship of one hundred gross tonnage and above and every 
Indian  cargo  ship  of  three  hundred  gross  tonnage  and  above,  a  ship  identification  number,  which 
conforms to the relevant scheme formulated by the International Maritime Organisation. 

1. Ins. by Act 40 of 2007, s. 6 (w.e.f. 1-3-2008).  

142 

 
                                                      
(2)  All  the  certificates  issued  under  this  Act  and  all  certified  copies  thereof  shall  bear  the  ship 

identification number. 

 344M. Security measures.―(1) The Central Government or the designated authority, as the case 
may  be,  shall  set  security  levels  taking  into  consideration  human  element  such  as  shore  leave  and 
provide information thereof to all the Indian ships, as may be prescribed. 

(2)  The  Central  Government  or  the  designated  authority,  as  the  case  may  be,  shall  set  security 
levels and provide information thereof to port facilities within India and to every ship prior to entering 
an Indian port or while in a port within India, as may be prescribed: 

Provided that the Central Government may authorise any recognised security organisation to carry 
out any of the security measures under this section, on behalf of it, with such conditions as may be 
prescribed. 

344N.  Port  facility  assessment.―The  Central  Government  shall  carry  out  port  facility 

assessment in the manner as may be prescribed. 

344-O. Obligations of companies, etc.―Every company, ship or port facility shall comply with 
the relevant requirements under the Safety Convention and the International Code for the Security of 
Ships and Port Facility. 

 344P.  Obligations  of  port  facility.―Every  port  facility  in  India  shall  comply  with  the 

requirement of this Part or the rules made thereunder. 

344Q.  International  Ship  Security  Certificate.―The  Central  Government  or  the  designated 
authority or the authorised person, as the case may be, shall issue every Indian ship to which this Part 
applies, an International Ship Security Certificate or an Interim International Ship Security Certificate, 
as the case may be, in the form and manner as may be prescribed. 

344R.  Ship  Security  Alert  System.―Every  Indian  ship  shall  be  provided  with  such  Ship 

Security Alert System, as may be prescribed. 

344S. Control measures.―Every ship to which this Part applies shall be subject to such control 

measures as may be prescribed. 

344T. Power to make rules.―(1) The Central Government may, having regard to the provisions 

of the Safety Convention, make rules to carry out the purposes of this Part. 

(2) In particular, and without prejudice to the generality of the provisions of sub-section (1), such 

rules may provide— 

(a) for alternative or equivalent security levels; 

(b) fee to be levied for any service rendered; 

(c) any other matter which by this Part is to be, or may be, prescribed. 

PART X 

COLLISIONS, ACCIDENTS AT SEA AND 1*** LIABILITY 

345.  Division  of  loss  in  case  of  collision.―(1)  Whenever  by  the  fault  of  two  or  more  ships 
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  on  board  one  or  more  of  them,  the  liability  to  make  good  the  damage  or  loss  shall  be  in 
proportion to the degree in which each ship was at fault : 

Provided that― 

(a) 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; 

1. The words “limitation of” omitted by Act 25 of 1970, s. 15 (w.e.f. 15-9-1972). 

143 

 
                                                      
(b) nothing in this section shall operate so as to render any ship liable for any loss or damage 

to which her fault has not contributed; 

(c) 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. 

(2) For the purposes of this Part, references to damage or loss caused by the fault of a ship shall 
be  construed  as  including  references  to  any  salvage  or  other  expenses,  consequent  upon  that  fault, 
recoverable in law by way of damages. 

 346. Damages for personal injury.―(1) Whenever loss of life or personal injuries are suffered 
by  any  person  on  board  a  ship  owing  to  the  fault  of  that  ship  and  of  any  other  ship  or  ships,  the 
liability of the owners of the ships 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,  independently  of  this  section,  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 in the manner provided by law. 

347.  Right  of  contribution.―(1)  Whenever  loss  of  life  or  personal  injuries  are  suffered  by  a 
person on board a ship owing to the fault of that ship and of any other ship or ships, and a proportion 
of the damages is recovered from the owner of one of the ships 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 ship or ships to the extent to which those ships were respectively in fault: 

Provided  that  no  amount  shall  be  so  recovered  which  could  not,  by  reason  of  any  statutory  or 
contractual limitation of, or exemption from, liability, or which could 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, 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. 

348. Duty of master of ship to assist in case of collision.―In every case of collision between 
two ships it shall be the duty of the master or person in charge of each ship, if and so far as he can do 
so without danger to his own ship, crew and passengers, if any― 

(a) to render to the other ship, her master, crew and passengers, if any, such assistance as may 
be practicable and may be necessary to save them from any danger caused by the collision and to 
stay by the other ship 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 ships the name of his own ship and 
of the port to which she belongs and also the names of the ports from which she comes and to 
which she is bound. 

349. Collision to be entered in official log.―In every case of collision in which it is practicable 
so to do, the master of every ship concerned shall, immediately after the occurrence, cause a statement 
thereof and of the circumstances under which the same occurred to be entered in the official log book, 
if any, and the entry shall be signed by the master and also by the mate or one of the crew. 

350.  Report  to  Central  Government  of  accidents  to  ships.―When  a  ship  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 
issued under this Act in respect of the ship, the owner or master shall, within twenty-four hours after 
the  happening  of  the  accident  or  damage  or  as  soon  thereafter  as  possible,  transmit  to  the  Central 
Government  or  the  nearest  principal  officer  a  report of  the  accident  or  damage  and  of the  probable 
cause  thereof  stating  the  name  of  the  ship,  her  official  number,  if  any,  her  port  of  registry  and  the 
place where she is. 

144 

 
351. Notice of loss of Indian ship to be given to Central Government.―If the owner or agent 
of any Indian ship has reason, owing to the non-appearance of the ship or to any other circumstance, 
to apprehend that the ship has been wholly lost, he shall, as soon as conveniently may be, send to the 
Central Government notice in writing of loss and of the probable cause thereof stating the name of the 
ship, her official number, if any, and her port of registry. 

1[PART XA 

LIMITATION OF LIABILITY 

 352. Definitions.―In this Part, unless the context otherwise requires,― 

(a) “claim” means a personal claim or property claim; 
2[(b)  “Convention”  means  the  Convention  on  Limitation  of  Liability  for  Maritime  Claims, 

1976 as amended from time to time;] 

(c) “Fund”, in relation to a vessel, means the limitation Fund constituted under section 352C; 

(d)”liability”, in relation to owner of a vessel, includes liability of the vessel herself; 

(e)”occurrence” means an occurrence referred to in sub-section (1) of section 352A; 

(f)”personal claim” means a claim resulting from loss of life or personal injury; 

(g) “property claim” means any claim other than a personal claim arising from an occurrence. 
3[(h)  “salvor”  means  any  person  rendering  services  in  direct  connection  with  salvage 

operations. 

Explanation.―For the purpose of this clause, “salvage operations” includes― 

(i)  the  raising,  removal,  destruction  or  the  rendering  a  ship  harmless  which  is  sunk, 

wrecked, stranded or abandoned including anything that is or has been on board such ship; 

(ii) the removal, destruction or rendering the cargo of a ship harmless; and 

(iii) the measures taken to avert or minimise loss to a ship or its cargo or both; 

(i) “ship owner” means owner, charterer, manager,'and operator of a sea going ship; 

(j)  “Special  Drawing  Rights”  means  Special  Drawing  Rights  as  determined  by  the 

International Monetary Fund.] 
4[352A. Limitation of liability for damages in respect of certain claims.―(1) The ship owner, 
salvor, any person for whose act, neglect or default the ship owner or salvor, as the case may be, is 
responsible, and an insurer of liability for claims to the same extent as the assured himself, may limit 
his liability as provided under section 352B in respect of,― 

(a) claims arising from loss of life of or personal injury to, or loss of or damage to, property 
(including damage to harbour works, basins and waterways and aids to navigation), occurring on 
board  or  in  direct  connection  with  the  operation  of  the  ship  or  with  salvage  operations,  and 
consequential loss resulting therefrom; 

(b)  claims  arising  out  of  loss  resulting  from  delay  in  the  carriage  by  sea  of  cargo  and 

passengers or their luggage; 

(c) claims arising out of other loss resulting from infringement of rights other than contractual 

rights, occurring in direct connection with the operation of the ship or salvage operations; 

1. Subs. by Act 25 of 1970, s. 16, for section 352 (w.e.f. 15-9-1972). 
2. Subs. by Act 63 of 2002, s. 16, for clause (b) (w.e.f. 1-2-2003). 
3. Ins. by s. 16, ibid. (w.e.f. 1-2-2003). 
4. Subs. by s. 17, ibid., for section 352A (w.e.f. 1-2-2003). 

145 

 
 
 
                                                      
(d)  claims  of  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 
provisions of the Convention or the rules made in this behalf prescribe, as the case may be, and 
such further loss caused by such measures; 

(e) claims for the loss of life or personal injury to passengers of a ship brought by or on behalf 

of any person,― 

(i) under the contract of passenger carriage; or 

(ii) who, with the consent of the carrier, is accompanying a vehicle for live animals which 

are covered by a contract for the carriage of goods,  

carried in that ship: 

Provided that the limits for passengers claim specified in the rules made under this Part shall 
not be applicable to the passengers carried in and around the coast of India in respect of whom 
separate limits shall be prescribed. 

(2) Claims set out in 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 in clause (d) of sub-section (1) shall not be subject to limitation of 
liability  to  the  extent  that  they  relate  to  remuneration  under  a  contract  with  the  person  liable.  (3) 
Nothing in this section shall apply to―  

(a) claims for salvage or contribution in general average;  

(b)  claims  for  oil  pollution  damage  within  the  meaning  of  the  International  Convention  on 

Civil Liability for Oil Pollution Damage, 1992 as amended from time to time;  

(c) claims by servants of the ship owner or salvor whose duties are connected with the ship or 
the  salvage  operations,  including  claims  of  their  heirs,  dependents  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 of 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  for  in  the  provision  of  the  Convention  or  the  rules  made  under  this  Part 
prescribe;  

(d) claims subject to any International Convention or any law for the time being in force in 

India governing or prohibiting limitation of liability for nuclear damage;  

(e) claims against the ship owner of a nuclear ship for nuclear damage.  

Explanation 1.―For the purpose of this section, the act of involving limitation of liability shall 

not constitute an admission of liability.  

Explanation 2.― For the purpose of this Part, the liability of a ship owner shall include liability in 

an action brought against the ship herself.] 

1[352B. Limitation of liability.―The amount to which any person referred to in sub-section (1) 
of  section  352A  may  limit  his  liability  in  accordance  with  the  provisions  of  the  Convention  and  in 
cases where the provisions of the Convention are not applicable, the limit shall be in accordance with 
the rules made in this behalf prescribe.] 

352C. Limitation Fund and consolidation of claims 2***.―3[(1) Where any liability is alleged 
to have been incurred by a person referred to in sub-section (1) of section 352A in respect of claims 
arising  out  of  an  occurrence,  and  legal  proceedings  are  instituted  in  respect  of  claims  subject  to 
limitation, then such person may apply to the High Court for the setting up of a limitation Fund for the 

1.  Subs. by Act 63 of 2002, s. 18, for section 352B (w.e.f. 1-2-2003). 
2.  The words “against owner” omitted by s. 19, ibid. (w.e.f. 1-2-2003). 
3.  Subs. by s. 19, ibid., for sub-section (1) (w.e.f. 1-2-2003). 

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total sum representing the amounts set out in the Convention or the rules made in this behalf under 
this Part applicable to claims for which that person may be liable together with interest thereon from 
the date of occurrence giving rise to the liability until the date of the constitution of the Fund.] 

(2)  The  High  Court  to  which  the  application  is  made  under  sub-section  (1)  may  determine  the 
amount  of  the  owner's  liability  and  require  him  to  deposit  such  amount  with  the  High  Court  1[or 
produce a guarantee acceptable or produce a bank guarantee in respect of the amount as in the opinion 
of the High Court is satisfactory and the amount so deposited or guarantee so given] shall constitute a 
limitation Fund for the purposes of the claims referred to in sub-section (1) and shall be utilised only 
for the payment of such claims. 

(3) After the Fund has been constituted, no person entitled to claim against it shall be entitled to 
exercise any right against any other assets of the owner in respect of his claim against the Fund, if that 
Fund is actually available for the benefit of the claimant. 

(4) Subject to the provisions of this Part, the High Court may distribute the amount constituting 
the Fund rateably amongst the several claimants and may stay any proceedings pending in any other 
court in relation to the same matter and may proceed in such manner and subject to such rules of the 
High Court as to making persons interested parties to the proceedings, and as to the exclusion of any 
claims which do not come in within a certain time, and as to requiring security from the owner, and as 
to payment of any costs, as the High Court thinks fit. 

2[(5) Where the person referred to in sub-section (1) or his insurer establishes that he has paid is 
whole  or  in  part  any  claims  in  respect  of  which  he  can  limit  his  liability  under  this  Part,  the  High 
Court  shall  place  him  in  the  same  position  and  to  the  same  extent  in  relation  to  the  Fund  as  the 
claimant whose claim has been paid and allow to acquire by subrogation the rights which the person 
so compensated would have enjoyed under this Part: 

Provided that the right of subrogation provided for in this sub-section may also be exercised by 
persons  other  than  those  therein  mentioned  in  respect  of  any  amount  of  compensation  which  they 
might, have paid to that extent if prescribed by the rules made in this behalf under this Part. 

(6)  Where  the  person  liable  or  any  other  person  has  established  that  he  may  at  a  later  date  be 
required to pay in whole or in part, any of the claims under this Part, which could be settled from the 
Fund,  the  High  Court  may  notwithstanding  the  foregoing  provisions  of  this  section  order  that  a 
sufficient sum may be provisionally set aside for the purpose to enable the person to enforce his claim 
against the Fund at a later date in accordance with the provisions of sub-section (5).] 

(7) If the owner is entitled to make a claim against a claimant arising out of the same occurrence, 
their  respective  claims  shall  be  set  off  against  each  other  and  the  provisions  of  this  Part  shall  only 
apply to the balance, if any. 

352D. Release of ship, etc.―(1) Where a vessel or other property is detained in connection with 
a claim which appears to the High Court to be founded on a liability to which a limit set by section 
352B  applies,  or  security  is  given  to  prevent  or  obtain  release  from  such  detention,  the  High  Court 
may, and in the circumstances mentioned in sub-section (3) of this section shall, order the release of 
the vessel, property or security if the conditions specified in sub-section (2) are satisfied; and where 
the release is ordered, the person on whose application it is ordered shall be deemed to have submitted 
to the jurisdiction of the High Court to adjudicate upon the claim. 

(2) The conditions referred to in sub-section (1) are― 

(a) that security which in the opinion of the High Court is satisfactory (in this section referred 
to as “guarantee”) has previously been given whether in India or elsewhere, in respect of the said 
liability or any other liability incurred on the same occasion and the High Court is satisfied that if 
the  claim  is  established,  the  amount  for  which  the  guarantee  was  given  or  such  part  thereof  as 
corresponds to the claim will be actually available to the claimant; and 

1. Subs. by Act 63 of 2002, s. 19, for certain words (w.e.f. 1-2-2003). 
2.  Subs. by s. 19, ibid., for sub-sections (5) and (6) (w.e.f. 1-2-2003). 

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(b) that either the guarantee is for an amount not less than the said limit or further security is 

given which, together with the guarantee, is for an amount not less than that limit. 

(3)  The  circumstances  referred  to  in  sub-section  (1)  are  that  the  guarantee  was  given  in  a  port 
which, in relation to the claim, is the relevant port (for as the case may be, a relevant port) and that 
port is in a convention country. 

(4) For the purposes of this section― 

(a) a guarantee given by the giving of security in more than one country shall be deemed to 

have been given in the country in which security was last given 

(b) any question whether the amount of any security is (either by itself or together with any 
other amount) not less than any limit set by section 352B shall be decided as at the time at which 
the security is given; 

(c)  where  part  only  of  the  amount  for  which  a  guarantee  was  given  will  be  available  to  a 
claimant that part shall not be taken to correspond to his claim if any other part may be available 
to a claimant in respect of a liability to which no limit is set as mentioned in sub-section (1). 

(5) In this section― 

1[(a)  “Convention  country”  means  a  country  in  which  the  Convention  on  Limitation  of 
Liability for Maritime Claims, 1976 as amended from time to time is for the time being in force;] 
(b) “relevant port”, in relation to any claim, means a port where the event giving rise to the 
claim  occurred,  or  if  that  event  did  not  occur  in  that  port,  the  first  port  of  call  after  the  event-
occurred and includes  in relation  to a  claim  for loss of  life  or  personal  injury  or  for  damage  to 
cargo, the port of disembarkation or discharge. 
2[(6) Notwithstanding anything contained in sub-sections (1) to (4), the vessels or other property 
referred  to  in  sub-section  (1)  shall  be  ordered  to  be  released  if  the  limitation  Fund  has  been 
constituted,― 

(a) in the port where the occurrence took place, or, if it took place out of port, in the first port 

of call thereafter; 

(b) in the port of disembarkation in respect of claims for loss of life or personal injury; or 
(c) in the port of discharge in respect of damage to cargo. 

(7)  The  provision  of  sub-section  (6)  shall  apply  only  if  the  claimant  brings  a  claim  against  the 
limitation Fund before the High Court administering the Fund and the Fund is actually available and 
freely transferable in respect of that claim.] 

3[352E. Scope of application.―(1) The provisions of this Part shall apply whenever any person 
referred to in sub-section (1) of section 352A seeks to limit his liability before the Court or seeks to 
procure  the  release  of  a  ship  or  other  property  or  the  discharge  of  any  guarantee  given  within  the 
Indian jurisdiction but any person referred to in sub-section (1) of section 352A who at the time when 
the  provisions  under  this  Part  are  invoked  before  any  Court  in  India  does  not  have  his  habitual 
residence in India or does not have his principal place of business in India or any ship in relation to 
which  the  right  of  limitation  is  invoked  or  whose  release  is  sought  and  which  does  not  at  the  time 
specified above fly the flag of the State, which is a party to the Convention, is wholly excluded from 
the provisions of this Part. 

(2) The provisions of this Part shall not be applicable to the following vessels unless the Central 

Government, by notification, specify otherwise,― 

(a) ships intended for navigation on or around coast of India and registered as coastal vessels 

under the provisions of this Act; 

1. Subs. by Act 63 of 2002, s. 20, for clause (a) (w.e.f.1-2-2003). 
2. Ins. by s. 20, ibid. (w.e.f. 1-2-2003). 
3. Subs. by s. 21, ibid., for section 352E (w.e.f. 1-2-2003).  

148 

 
                                                      
(b) ships less than three hundred tons; 

(c) air-cushion vehicles; 

(d)  floating  platforms  constructed  for  the  purpose  of  exploring  or  exploiting  the  natural 

resources of the sea-bed or the subsoil thereof.] 

352F.  Application  of  this  Part  to  charterer,  manager,  etc.,  of  a  vessel.―(1)  Subject  to  the 
provisions of sub-section (2), the provisions of this Part relating to limitation of liability of an owner 
of a vessel in respect of claims arising out of an occurrence shall apply to the charterer, manager and 
operator  of  the  vessel  and  to  the  master,  members  of  the  crew  and  other  servants  of  the  owner, 
charterer. manager or operator acting in the course of their employment in the same manner as they 
apply in relation to the owner. 

Provided that the total limits of liability of the owner and all other persons referred to in this sub-
section in aspect of personal claims and property claims arising on a distinct occasion shall not exceed 
the amounts determined in accordance with the provisions of section 352B. 

(2) The master or a member of the crew of a vessel may limit his liability under subsection (1) 
even if the occurrence which gives rise to a claim against him resulted from the actual fault or privity 
of the master and the members of the crew or any one or more of them : 

Provided that where the master or a member of the crew is at the same time the owner, co-owner, 
charterer, manager or operator of a vessel, the provisions of this sub-section shall only apply where 
such occurrence resulted from any act, neglect or default committed by the master or, as the case may 
be, the member of the crew in his capacity as master, or, as the case may be, us a member of the crew. 
1[352FA.  Power  to  make  rules.―The  Central  Government  may  make  rules  to  carry  out  the 

purposes of this Part: 

Provided  that  the  rules  under  this  Part  shall  be  made  having  regard  to  the  provisions  of  the 

Convention.] 

2[PART XB 

CIVIL LIABILITY FOR OIL POLLUTION DAMAGE 

352G. Application.―This Part applies to― 

(a) every Indian ship wherever it is; and 

(b) every foreign ship while it is at a port or place in India or within the territorial waters of India 
or  any  marine  areas  adjacent  thereto  over  which  India  has,  or  may  hereafter  have,  exclusive 
jurisdiction in regard to control of marine pollution under the Territorial Waters, Continental Shelf, 
Exclusive Economic Zone and other Maritime Zones Act, 1976, or any other law for the time being in 
force. 

3[352H. Definitions.―In this Part, 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)  “liability  convention”  means  the  International  Convention  on  Civil  Liability  for  Oil 

Pollution Damage, 1992 as amended from time to time; 

(c)  “oil”  means  any  persistent  hydro  carbon  mineral  oil  such  as  crude  oil,  fuel  oil,  heavy 

diesel oil, lubricating oil whether carried on board a ship as cargo or in the bunker of such ship;  

1. Ins. by Act 63 of 2002, s. 22 (w.e.f. 1-2-2003). 
2. Ins. by Act 12 of 1983, s. 10 (w.e.f. 18-5-1983).  
3. Subs. by Act 63 of 2002, s. 23, for section 352H (w.e.f. 1-2-2003). 

149 

 
                                                      
(d) “owner” means―  

(i) the person registered as owner of the ship;  

(ii) in the absence of registration, the person owning the ship; or  

(iii) in the case of a ship owned by a foreign State, the person registered in that State as 

operator of the ship;  

(e)  “person”  means  any  individual  or  partnership  or  any  public  or  private  body,  whether 

corporate or not, including a state or any of its constituent sub-divisions;  

(f) “pollution damage” means―  

(i)  loss  or  damage  caused  outside  the  ship  by  contamination  resulting  from  escape  or 
discharge  of  oil  from  the  ship,  wherever  such  escape  or  discharge  occurs,  provided  that 
compensation  for  impairment  of  the  environment  other  than  losses  or  profit  from  such 
impairment  shall  be  limited  to  costs  of  reasonable  measures  of  reinstatement  actually 
undertaken or to be undertaken;  

(ii)  the  costs  of  preventive  measures  and  further  loss  or  damage  caused  by  such 

measures;  

(g)  “preventive  measures”  means  any  reasonable  measures  taken  by  any  person  after  the 

incident to prevent or minimise pollution damage;  

(h) “ship” means any sea-going vessel and sea borne 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;  

(i) “State of the ship's registry”, in relation to registered or unregistered ships, means the State 

of registration of the ship, or as the case may be, the State whose flag the ship is flying.]  

352-I. Liability of owner.―(1) Save, as otherwise provided in sub-sections (2), (3) and (4), the 
owner at the time of an incident, or, where the incident consists of a series of occurrence at the time of 
first of such occurrences, shall be liable for any pollution damage caused by oil which has escaped or 
been discharged from the ship as a result of the incident. 

(2) No liability for pollution damage shall attach to the owner under sub-section (1), if he proves 

that the pollution damage― 

(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 such damage by any 

other person; or 

(c)  was  wholly  caused  by  the  negligence  or  the  wrongful  act  of  any  government  or  other 
authority  responsible  for  the  maintenance  of  lights  or  other  navigational  aids  in  exercise  of  its 
functions in that behalf. 

(3) Where, with respect to any incident the owner proves that the pollution damage resulted, either 
wholly or partially, from an act or omission done, with intent to cause such damage, by the person 
who suffered damage, or from the negligence of that person, the owner shall be exonerated wholly or, 
as the case may be, partially, from liability to that person. 

1[(4)  When  any  incident  involving  two  or  more  ships  occurs  and  pollution  damage  results               

therefrom,  the  owners  of  all  the  ships  concerned,  unless  exonerated  under  sub-section  (3),  shall  be 
jointly and severally liable for such damage which is not reasonably separable.] 

1. Subs. by Act 63 of 2002, s. 24, for sub-section (4) (w.e.f. 1-2-2003). 

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(5) No claim for pollution damage shall be made against any owner otherwise than in accordance 

with the provisions of this section. 

1[(6)  Without  prejudice to  any  right  of recourse  of the  owner  against  third  parties,  no  claim  for 

compensation for pollution damage may be made against― 

(a) the servants or agents of the owner or the members of the crew; 

(b) the pilot or any other person who, without being a member of the crew, renders services 

for the ship; 

(c) any charterer (howsoever described, including a bare-boat charterer), manager or operator 

of the ship; 

(d)  any  person  performing  salvage  operations  with  the  consent  of  the  owner  or  on  the 

instructions of a competent public authority; 

(e) any person taking preventive measures; 

(f) all servants or agents of persons mentioned in clauses (c), (d) and (e),  

unless  the  incident  causing  such  damage  occurred  as  a  result  of  their  personal  act  or  omission 
committed or made with the intent to cause such damage, or recklessly and with knowledge that such 
damage would probably result.] 

2[352J. Limitation of liability.―(1) The owner shall be entitled to limit his liability under this 

Part, in respect of any one or more incident, as may be prescribed. 

(2) The  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  the 
intent  to  cause  such  damage,  or  recklessly  and  with  knowledge  that  such  damage  would  probably 
result.] 

352K.  Constitution  of  limitation  fund.―(1)  (a)  Any  owner  desiring  to  avail  of  the  benefit  of 
limitation of his liability under sub-section (1) of section 352J shall make an application to the High 
Court for constitution of a limitation fund (hereafter in this Part referred to as fund). 

(b)  Such  fund  may  be  constituted  either  by  depositing  the  sum  with  the  High  Court  or  by 

furnishing bank guarantee or such other security as, in the opinion of the High Court, is satisfactory. 

(2) (a) The insurer or any other person providing financial security to the owner may apply to the 
High Court for constitution of the fund under sub-section (1) and any fund so constituted shall have 
the same effect as it were constituted “by the owner. 

(b) Such fund may be constituted even in cases where sub-section (2) of section 352J applies but 
in  any  such event constitution  of the  fund  shall  not prejudice the  rights  of  any  claimant  against the 
owner for full compensation exceeding the amount deposited or secured in the fund. 

3[(3)  The  amount  in  Special  Drawing  Rights  to  be  deposited  or  secured  in  the  fund  under  sub-
section (1) 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.] 

352L. Acquisition of right for compensation by subrogation.―(1) Where the owner or any of 
his servants or agents or any other person providing him insurance or other financial security has, as a 
result  of  incident  in  question,  paid  any  compensation  to  any  claimant,  such  person  shall,  up  to  the 
amount  so  paid  by  him,  be  entitled  to  acquire  by  subrogation  the  rights  to  which  the  claimant  so 
compensated would be entitled to. 

(2)  Where  the  owner  or  any  other  person  providing  him  insurance  or  other  financial  security 
establishes that he may, at a later date, be compelled to pay to any person, in whole or in part, any 

1. Subs. by Act 63 of 2002, s. 24, for sub-section (6) (w.e.f. 1-2-2003).  
2. Subs. by s. 25, ibid., for section 352J (w.e.f. 1-2-2003).  
3. Subs. by Act 55 of 1988, s. 4, for sub-section (3) (w.e.f. 1-7-1989). 

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amount by way of compensation for pollution damage caused by the incident with respect to which he 
would  have  been  entitled  to  acquire  by  subrogation  the  right  of  the  claimant  had  the  compensation 
been paid before the fund was distributed, the High Court may order that sufficient amount from the 
fund  may  provisionally  be  set  aside  to  enable  the  owner  or  such  other  person  to  enforce  his  claim 
against the fund at a later date. 

352M. Consolidation of claim and distribution of fund.―(1) The High Court shall consolidate 

all claims against the fund including those arising under section 352L. 

(2)  Any  claim  in  respect  of  expenses  reasonably  incurred  or  sacrifices  reasonably  made  by  the 
owner  voluntarily  to  prevent  or  minimise  pollution  damage  shall  rank  equally  with  other  claims 
against the fund. 

(3) Subject to the provisions of sub-section (2) of section 352L, the High Court shall distribute the 

amount in the fund among all claimants in proportion to their established claims. 

352N.  Compulsory  insurance  or  other  financial  guarantee.―(1)  The  owner  of  every  Indian 
ship which carries 2000 tons or more oil in bulk as cargo shall, in respect of such ship, maintain an 
insurance or other financial security for an amount equivalent to― 

1[(a) one hundred and thirty-three Special Drawing Rights for each ton of the ship's tonnage; 

or 

(b) fourteen million Special Drawing Rights,] 

whichever is lower. 

(2)  In  respect  of  every  Indian  ship  which  maintains  insurance  or  other  financial  security  under 
sub-section  (1),  there  shall  be  issued  by  the  Director-General  a  certificate  in  such  form  and  giving 
such particulars as may be prescribed. 

(3) On an application by the owner or agent of any foreign ship, the Director-General may issue 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  International  Convention  on  Civil  Liability  for  Oil  Pollution  Damage  signed  at  Brussels  on  the 
29th day of November, 1969 2[as amended from time to time]. 

(4) For every certificate issued under sub-sections (2) and (3) there shall be charged such fee as 

may be prescribed. 

352-O. Acceptance of certificates issued outside India.―Any certificate issued by a competent 
authority in any country outside India to a ship registered in that country or any certificate issued by a 
competent  authority  of  any  country  which  is  a  contracting  party  to  the  International  Convention  on 
Civil Liability for Oil Pollution Damage signed at Brussels on the 29th day of November, 1969  3[as 
amended from time to time] to any ship wherever registered, shall be accepted at any port or place in 
India as if it were issued under this Act. 

352P.  Ban  on  entering  or  leaving  an  Indian  port  without  certificate.―(1)  No  Indian  ship, 
which has on board 2000 tons or more oil in bulk as cargo shall enter or leave or attempt to enter or 
leave any port or place in India unless it carries on board a certificate issued under sub-section (2) of 
section 352N or a certificate accepted under section 352-O. 

(2) No ship other than an Indian ship carrying 2000 tons or more 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 
on  board  a  certificate  issued  under  sub-section  (3)  of  section  352N  or  a  certificate  accepted  under 
section 352-O. 

1. Subs. by Act 55 of 1988, s. 5, for clauses (a) and (b) (w.e.f. 1-7-1989). 
2. Ins. by s. 5, ibid. (w.e.f. 1-7-1989). 
3. Ins. by s. 6, ibid. (w.e.f. 1-7-1989). 

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(3)  No  customs  officer  shall  grant  inward  entry  or  outward  clearance  to  any  ship  to  which                  

sub-section (1) or, as the case may be, sub-section (2) applies, unless its master produces a certificate 
required under the respective sub-section. 

352Q. Government ships.―Nothing in this Part shall apply to any ship of war or any ship for the 

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

352R. Power to make rules.―The Central Government may make rules prescribing― 

(a)  the  form  of  certificate  to  be  issued  by  the  Director-General  under  sub-section  (2)  of 

section 352N and the particulars which it may contain; 

(b) fees which may be charged for issue of certificates under section 352N.] 
1[(c) the limits of liability of owner in respect of one or more incident of pollution damage or 

other requirements having regard to the provisions of the Liability Convention.] 

2[PART XC 

INTERNATIONAL OIL POLLUTION COMPENSATION FUND 

352S. Definitions.―In this Part, unless the context otherwise requires,― 

(a) “contributing oil” means crude oil and fuel oil. 

Explanation.―For the purposes of this clause,― 

(i)  “crude  oil”  means  any  liquid  hydro  carbon  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  have  been  removed  or  to  which  certain  distillate  fractions 
have been added; 

(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; 

(b) “discharge or escape”, in relation to pollution damage, means the discharge or escape of 

oil carried by the ship; 

(c) “Fund” means the International Oil Pollution Compensation Fund established by the Fund 

Convention; 

(d)  “Fund  Convention”  means  the  International  Convention  on  the  Establishment  of  an 
International  Fund for  Compensation for  Oil  Pollution  Damage,  1992  as  amended  from  time  to 
time; 

(e) “Fund Convention country” means a country in which the Fund Convention is for the time 

being in force; 

(f) “guarantor” means any person providing insurance or other financial security to cover the 

owner's liability; 

(g)  “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 off-shore and linked 
to such site; 

(h) “ton”, in relation to oil, means a metric ton. 

352T. Contribution to the Fund.―(1) 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. 

1. Ins. by Act 63 of 2002, s. 26 (w.e.f. 1-2-2003). 
2. Ins. by s. 27, ibid. (w.e.f. 1-2-2993). 

153 

 
                                                      
(2)  Sub-section  (1)  shall  apply  whether  or  not  the  contributing  oil  is  imported,  and 
notwithstanding  that  contributions  are  payable  to  the  Fund  in  respect  of  carriage  of  the  same 
contributing oil on a previous voyage. 

(3)  Contributions  shall  also  be  payable  to  the  Fund  in  respect  of  contributing  oil  when  first 
received  in  any  installation  in  India  after  having  been  carried  by  sea  and  discharged  in  a  port  or 
terminal installation in a country which is not a Fund Convention country. 

(4) The person liable to pay contributions to the Fund shall be― 

(a) in case of contributing oil which is being imported into India, the importer; or 

(b) in any other case, the person by whom the oil is received in India. 

(5) A person shall not be liable to pay contributions to the Fund in respect of the contributing oil 
imported or received by him in any year if the quantity of contributing oil so imported or received in 
the year does not exceed one hundred and fifty thousand tones or as may be specified from time to 
time in the Fund Convention. 

352U.  Contribution  payable  by  persons  to  the  Fund.―(1)  The  contributions  payable  to  the 

Fund by a person for any year shall be,― 

(a) such amount as may be determined by the Assembly of the Fund under Articles 10 and 12 

of the Fund Convention; 

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

as may be notified and if any amount due from such person remains unpaid after the date on which it 
became due, it shall from that due date bear interest at a rate determined by the said Assembly until it 
is paid. 

(2) The Central Government may require persons, who are or may be liable to pay contributions 
to  the  Fund  under  section  352T,  to  give  financial  security  for  payment  of  contributions  to  that 
Government or the Fund. 

352V.  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 section 352T 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  as  may  be  specified 
therein. 

(2) A notice under this section may require a person to give such information as may be required 

to ascertain whether he is liable to contribute to the Fund. 

(3) A notice under this section may specify the manner in which, and the time within which, such 

notice is to be complied with. 

(4) In proceedings by the Fund against any person to recover any amount due under section 352T, 
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 in the list; and so far as particulars which are so admissible are based on information 
given by the person against whom the proceedings are brought, those particulars shall be presumed to 
be accurate until the contrary is proved. 

(5)  No  person  shall  disclose  any  information  which  has  been  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; 

(c) for the purpose of any legal proceedings arising out of this section or of any report of such 

proceedings. 

154 

 
(6) A person who,― 

(a) refuses or willfully 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 guilty of an offence punishable under this Act. 

 352W. Liability of the Fund.―Where any person suffering pollution damage has been unable to 
obtain the full and adequate compensation for the damage under the terms of the Liability Convention 
on  any  of  the  grounds  specified  in  Article  4  of  the  Fund  Convention,  the  Fund  shall  be  liable  for 
pollution damage in accordance with the provisions of the Fund Convention. 

352X.  Jurisdiction  of  Courts.―(1)  Any  action  for  a  claim  against  the  Fund  for  compensation 

under section 352W 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 owner or his guarantor. 

(3) Where an action for compensation for pollution damage has been brought against the owner or 
his  guarantor  before  the  High  Court  each  party  to  the  proceedings  may  notify  the  Fund  of  the 
proceedings. 

(4)  Where  such  notice  of  proceedings  has  been  given  to  the  Fund,  any  judgment  given  in  the 
proceedings  shall,  after  it  has  become  final  and  enforceable,  become  binding  upon  the  Fund  in  the 
sense 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. 

352Y. 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 Part 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  owner  or  his  guarantor  in  respect  of  the 

same pollution damage is given to the Fund,  

within three years from the date when the damage occurred: 

Provided that in no case an action to enforce a claim shall be brought after six years from the date 

of the incident that caused such damage. 

352Z. Subrogation and right of recourse.―In respect of any sum paid by a public authority in 
India  or  the  Fund,  as  the  case  may  be,  as  compensation  for  pollution  damage,  that  authority  shall 
acquire  by  subrogation  any  rights  which  the  person  so  compensated  would  have  enjoyed  under  the 
Fund Convention. 

352ZA.  Power  to  make  rules.―The  Central  Government  may  make  such  rules  as  may  be 

required to carry out the purposes of the Fund Convention.] 

PART XI 

NAVIGATION 

353. Method of giving helm orders.―No person on any Indian ship shall, when the ship is going 
ahead, give a helm or steering order containing the word “starboard” or “right” or any equivalent of 
“starboard” or “right” unless he intends that the head of the ship shall move to the  “right” or give a 
helm or steering order containing the word “port” or “left” or any equivalent of “port” or “left” unless 
he intends that the head of the ship shall move to the left. 

354.  Duty  to  report  dangers  to  navigation.―The  master  of  any  Indian  ship  on  meeting  with 
dangerous ice, a dangerous derelict, a tropical storm or any other direct danger to navigation 1[or on 

1.  Ins. by Act 21 of 1966, s. 31 (w.e.f. 28-5-1966). 

155 

 
                                                      
encountering  sub-freezing  air  temperatures  associated  with  gale-force  winds,  causing  severe  ice 
accretions on super structures or strong gales for which no storm warning has been received by him] 
shall send information accordingly by all means of communication at his disposal and in accordance 
with such rules as the Central Government may make in this behalf to ships in the vicinity and to such 
authorities on shore as may be prescribed by those rules. 

Explanation.―For the purpose of this section the expression “tropical storm” means a hurricane 
typhoon, cyclone or other storm of a similar nature, and the master of a ship shall be deemed to have 
met with a tropical storm if he has reason to believe that there is such a storm in the vicinity. 

1[354A.  Communication  of  intelligence  regarding  dangers  to  navigation.―(1)  Where  an 
authority  prescribed  under  section  354  receives  intelligence  from  any  source  of  any  danger  to 
navigation  mentioned  in  that  section,  that  authority  shall,  as  soon  as  possible,  communicate  such 
intelligence to such ships and authorities as he may deem proper. 

(2)  The  intelligence  shall  be  communicated  in  such  manner  and  subject  to  such  terms  and 

conditions as may be prescribed: 

Provided that no fees shall be levied for communicating any intelligence under this section to a 

ship.] 

355.  Obligation  to  render  assistance  on  receiving  signal  of  distress.―(1)  The  master  of  an 
Indian  ship  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) or sub-section (4). 

(2) Where the master of any ship in distress has requisitioned any Indian ship that has answered 
his call, it shall be the duty of the master of the requisitioned ship 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 the provisions of 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 ships other than his own and that the requisition is being 
complied with by the ship or ships requisitioned. 

(4) The master shall be released from the obligation imposed by sub-section (1), and if his ship 
has  been  requisitioned,  from  the  obligation  imposed  by  sub-section  (2),  if  he  is  informed  by  the 
persons in distress or by the master of any ship that has reached the persons in distress that assistance 
is no longer required. 

(5) If the master of an Indian ship on receiving at sea a signal of distress or information from any 
source  that  a  vessel  or  aircraft  is  in  distress  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 
forth with cause a statement to be entered in the official log book or, if there is no official log book, 
cause other record to be kept of his reasons for not going to the assistance of those persons. 

(6) The master of every Indian ship for which an official log is required shall enter or cause to be 
entered in the official log book every signal of distress or message that a vessel, aircraft or person is in 
distress at sea. 

2[355A. Obligation to render assistance to persons in danger.―(1) The master of every Indian 
ship shall render assistance to every person found at sea in danger of being lost, unless he is unable or, 
in  the  special  circumstances  of  the  case,  considers  that  such  assistance  cannot  be  rendered  without 
serious danger to his ship, or the persons thereon. 

1.  Ins. by Act 21 of 1966, s. 32 (w.e.f. 28-5-1966).   
2. Ins. by s. 33, ibid. (w.e.f. 28-5-1966). 

156 

 
                                                      
(2) If the master of an Indian ship 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 log book or, if there is no official log book, cause other record to be kept of his reasons 
for not going to the assistance of that person.] 

356. Power to make rules as to signals.―The Central Government may, subject to the condition 

of previous publication, make rules prescribing― 

(a)  the  manner  of  communicating  information  regarding  dangers  to  navigation,  and  the 

authorities on shore to whom, such information is to be communicated; 

1[(aa) the manner of communicating intelligence regarding dangers to navigation, the terms 
and conditions subject to which such intelligence may be communicated and the fees which may 
be levied for the communication of intelligence;] 

(b) the signals which shall be 2[signals of distress, urgency and of safety], respectively; 

(c) the circumstances in which, and the purposes for which, any such signal is to be used, and 

the circumstances in which it is to be revoked; and 

(d)  the  speed  at  which  any  message  sent  by  3[radio  telegraphy  or  telephony]  in  connection 

with such signal is to be transmitted. 

4[PART XIA 

PREVENTION AND CONTAINMENT OF POLLUTION OF THE SEA BY OIL 

5[356A. Application.―(1) Save as otherwise provided, this Part shall apply to― 

(a) oil tankers of one hundred and fifty tons gross or more, other ships of four hundred tons 

gross or more and off-shore installations; and 

(b)  incidents  of  marine  casualty  or  acts  relating  to  such  casualty  occurring  with  grave  and 
imminent danger to Indian coast line or related interests from pollution or threat of pollution in 
the sea by deliberate, negligent or accidental release of oil, ballast water, noxious liquid and other 
harmful substances into sea including such incidents occurring on the high seas. 

(2) This Part shall not apply to any war ships or other ships owned or operated by the Government 

and used for the time being on Government non-commercial service. 

356B. Definitions.―In this Part, unless the context otherwise requires,― 

(a) “ballast” means any solid or liquid placed in a ship to increase the draft to change the trim, 

to regulate the stability, or to maintain stress load within such limits as may be prescribed; 

(b) “cargo” includes ballast and ship's stores and fuel; 

(c) “coasts” has the meaning assigned to it in section 357; 

(d)  “coastal  waters”  means  any  part  of  the  territorial  waters  of  India,  or  any  marine  areas 
adjacent thereto over which India has, or, may hereafter have, exclusive jurisdiction in regard to 
control of marine pollution under the Territorial Waters, Continental Shelf, Exclusive Economic 
Zone and other Maritime Zones Act, 1976 (80 of 1976), or any other law for the time being in 
force; 

(e)  “Convention”  means  the  International  Convention  for  the  Prevention  of  Pollution  from 
Ships, 1973, including its Protocol of 1978, as amended from time to time in the manner specified 
therein; 

1. Ins. by Act 21 of 1966, s. 34 (w.e.f. 28-5-1966). 
2. Subs. by s. 34, ibid., for “signals of distress and of urgency” (w.e.f. 28-5-1966). 
3. Subs. by s. 34, ibid., for “radio telegraphy” (w.e.f. 28-5-1966). 
4. Subs. by Act 12 of 1983, s. 11, for PART XIA (w.e.f. 18-5-1983). 
5. Subs. by Act 59 of 2003, s. 2, for sections 356A to 356H (w.e.f. 1-3-2004). 

157 

 
                                                      
(f) “international pollution prevention certificate” means any certificate issued in accordance 
with the provisions of Pollution Prevention Conventions and Protocols thereto which are acceded 
to by India; 

(g) “mile” means a nautical mile of 1,852 meters; 

(h)  “noxious  liquid  substance”  means  any  substance  which  has  been  designated  as  such  by 

rules made under this Part; 

(i) “off-shore installation” means an installation, whether mobile or fixed, which is used or is 
intended to be used for under-water exploration or exploitation of crude oil, petroleum or other 
similar  mineral  oils,  under  lease,  licence  or  any  other  form  of  contractual  arrangement  and 
includes― 

(a)  any  installation  which  could  be  moved  from  place  to  place  under  its  own  motive 

power or otherwise; and 

(b) a pipe-line; 

(j)  “oil”  means  petroleum  in  any  form  including  crude  oil,  fuel  oil,  sludge,  oil  refuse  and 

refined products; 

(k) “oily mixture” means a mixture with any oil content; 

(l) “oil tanker” means a ship constructed or adapted primarily to carry oil in bulk in its cargo 
spaces and includes any combination carrier or any chemical tanker when it is carrying a cargo or 
part cargo of oil in bulk; 

(m) “reception facilities”, in relation to a port, means facilities for enabling tankers or ships 
using the port to discharge or deposit residue or mixture of any substance subject to control by the 
Convention; 

(n) “ship”  means a  vessel of  any  type  whatsoever  operating  in  the  marine  environment  and 
includes  hydrofoil  boats,  air-cushion  vehicles,  submersibles,  floating  craft  and  fixed  or  floating 
platforms.  

356C. Issue of pollution prevention certificate.―(1) No Indian oil tanker or other Indian ship 
shall proceed to sea unless there is in force, in respect of that ship, a certificate issued by the Central 
Government, to be called an international oil pollution prevention certificate, in such form, for such 
duration and subject to such conditions as may be prescribed. 

(2)  No  Indian  oil  tanker  or  other  Indian  ship  carrying  noxious  liquid  substances  in  bulk  shall 
proceed  to  sea  except  with  a  certificate  issued  by  the  Central  Government,  to  be  called  an 
international  pollution  prevention  certificate,  in  such  form,  for  such  duration  and  subject  to  such 
conditions as may be prescribed for the carriage of noxious liquid substances in bulk. 

(3)  No  Indian  oil  tanker  or  other  Indian  ship  to  which  Annexure  IV  of  the  Convention  applies 
shall  proceed  to  sea  except  with  a  certificate  issued  by  the  Central  Government,  to  be  called  an 
international  sewage  pollution  prevention  certificate, in  such form,  for  such  duration  and  subject  to 
such conditions as may be prescribed. 

Explanation.―For the purposes of this sub-section, “sewage” means― 

(i) drainage and other waste from any form of toilets, urinals and water closet scuppers; 

(ii)  drainage  from  medical  premises  (dispensary,  sick  bay  and  other  like  places)  via  wash 

basins, wash tubs and scuppers located in such premises; 

(iii) drainage from spaces containing living animals; or 

(iv) other waste water when mixed with the drainages specified above. 

(4)  A  valid  international  pollution  prevention  certificate  issued  in  respect  of  an  oil  tanker  or  a 
ship,  other  than  an  Indian  ship,  by  the  Government  of  the  country  to  which  the  ship  belongs  shall, 

158 

 
subject to such rules as the Central Government may make in this behalf, have the same effect in India 
as the corresponding certificate issued in respect of an Indian ship has under this Part. 

356D.  Issue  of  certificates  for  foreign  ships  in  India  and  Indian  ships  in  foreign 
countries.―(1) The Central Government may, at the request of the Government of a country to which 
the  Convention  applies,  cause  any  international  pollution  prevention  certificate  to  be  issued  in 
accordance  with  the  Convention  in  respect  of  an  oil  tanker  or  other  ship  in  that  country,  if  it  is 
satisfied  that  such  certificate  can  properly  be  issued,  and  where  a  certificate  is  so  issued,  it  shall 
contain a statement that it has been issued on request. 

(2) The Central Government may request the Government of a country to which the Convention 
applies, to issue any international pollution prevention certificate in accordance with the Convention 
in respect of a ship and the certificate issued in pursuance of such a request containing a statement 
that it has been so issued shall have the same effect as if it had been issued by the Central Government 
under this Act. 

356E. Requirement for construction and equipment in ships to prevent pollution.―For the 
purpose  of  preventing  or  reducing  discharges  of  harmful  substances  or  mixtures  containing  such 
substances  from  the  oil  tankers  or  other  ships,  the  Central  Government  may  make  rules  requiring 
Indian oil tankers and other Indian ships to be fitted  with such equipment and to comply with such 
requirements for construction, survey of equipment and structure of such oil tankers or other ships and 
specifying  conditions  for making  of  surveys  of  all  oil tankers  or  other ships,  as  may  be  prescribed, 
prior to issuing an international pollution prevention certificate. 

Explanation.―For the purposes of this section, “harmful substance” means any substance which, 
if  introduced  into  the  sea,  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,  and  includes  any 
substance subject to control by the Convention. 

356F. Record books.―(1) Every Indian oil tanker or other Indian ship which carries a substance 
subject  to  control  by  the  Convention  shall  maintain,  as  may  be  required,  record  books  in  the 
prescribed forms, on board the oil tanker or other ship. 

(2)  The  manner  in  which  record  books  shall  be  maintained,  the  nature  of  entries  to  be  made 
therein, the custody and disposal thereof, and all other matters relating thereto shall be such as may be 
prescribed having regard to the provisions of the Convention. 

356G. Inspection and control of oil tankers and other ships to which this Part applies.―(1) 
A surveyor or any person authorised in this behalf may go, at any reasonable time, on board an oil 
tanker or other ship to which any of the provisions of this Part applies, for the purposes of― 

(a) ensuring that the prohibitions, restrictions and obligations imposed by or under this Part 

are complied with; 

(b) satisfying himself about the adequacy of the measures taken to prevent pollution; 

(c)  ascertaining  the  circumstances  relating  to  an  alleged  discharge  of  a  substance  which  is 
subject  to  control  by  the  Convention  from  the  oil  tanker  or  other  ship  in  contravention  of  the 
provisions of this Part; 

(d) inspecting any record required to be maintained on board; and 

(e) checking the validity of the international pollution prevention certificate. 

(2)  The  surveyor  or  any  such  person  may,  if  necessary,  make,  without  unduly  delaying  the  oil 
tanker or the other ship, a true copy of any record of the oil tanker or the other ship and may require 
the  master  of  such  tanker  or  ship  to  certify  the  copy  to  be  a  true  copy  and  such  copy  shall  be 
admissible as evidence of the facts stated therein. 

356H.  Information  regarding  contravention  of  provisions  of  Convention.―(1)  If,  on  report 
from a surveyor or other person authorised to inspect an oil tanker or other ship under section 356G, 
the Director-General is satisfied that any provision of the Convention has been contravened by such 

159 

 
oil tanker  or  other ship  within  the  coastal  waters,  the  Director-General or any  officer  authorised  by 
him in this behalf, may― 

(a) detain the oil tanker or other ship until the causes of such contravention are removed to the 

satisfaction of the Director-General or the officer authorised by him; and 

(b) proceed against such oil tanker or other ship for recovery of cost of pollution damage, if 

any, and the cost of prevention of pollution damage and cleaning of such pollution; 

Provided that where the Director-General deems it necessary, he may request the Indian Navy or 
the  Coast  Guard  for  preventing  the  oil  tanker  or  other  ship  from  proceeding  to  sea,  and  the  Indian 
Navy or the Coast Guard, as the case may be, shall take action as requested by the Director-General: 

(2)  On  receipt  of  information  from  the  Government  of  any  country  to  which  the  Convention 
applies that an Indian oil tanker or other ship has contravened any provision of the Convention, the 
Central  Government  may,  if  it  deems  it  necessary  so  to  do,  request  such  Government  to  furnish 
further  details  of  the  alleged  contravention  and  if  satisfied  that  sufficient  evidence  is  available  to 
establish  contravention  of  any  of  the  provisions  of  this  Part  or  the  rules  made  thereunder,  take 
appropriate action against the owner or master of the concerned oil tanker or other ship and intimate 
the reporting Government of the action so taken.] 

356-I. Oil reception facilities at ports in India.―(1) Notwithstanding anything contained in any 
other law for the time being in force, in respect of every port in India, the powers of the port authority 
shall include the power to provide 1[reception facilities]. 

(2)  A  port  authority  providing  1[reception  facilities]  or  a  person  providing  such  facilities  by 
arrangement with the port authority, may make charges for the use of the facilities at such rates and 
may impose such conditions in respect of the use thereof as may be approved, by notification in the 
Official Gazette, by the Central Government in respect of the port. 

(3) Where the Central Government is satisfied that there are no 1[ reception facilities] at any port 
in India or that the facilities available at such port are not adequate for enabling ships calling at such 
port  to  comply  with  the  requirements  of  the  Convention,  the  Central  Government  may,  after 
consultation with the port authority in charge of such port, direct, by order in writing, such authority 
to provide or arrange for the provision of such 1[reception facilities] as may be specified in the order. 

(4) The Central Government may, by notification in the Official Gazette, specify the ports in India 

having 1[reception facilities] in accordance with the requirements of the Convention. 

Explanation.―For the purpose of this section, “port authority” means,― 

(a) in relation to any major port, the Board of Trustees in respect of that port constituted under 

any law for the time being in force; 

(b) in relation to any other port, the Conservator of the Port, within the meaning of section 7 

of the Indian Ports Act, 1908 (15 of 1908). 

PROVISIONS FOR CONTAINMENT OF ACCIDENTAL POLLUTION 

356J.  Power  to  give  a  notice  to  owner,  etc.,  of  polluting  ship.―(1)  Where  the  Central 

Government is satisfied that― 

(a)  2[oil or noxious liquid substance] is escaping or is likely to escape from a tanker, a ship 

other than a tanker or any off-shore installation; and 

(b) the 2[oil or noxious liquid substance] so escaped or likely to escape is causing or threatens 

to cause pollution of any part of coasts or coastal waters of India, 

it  may,  for  the  purpose  of  minimising  the  pollution  already  caused,  or,  for  preventing  the  pollution 
threatened to be caused, require― 

1. Subs. by Act 59 of 2003, s. 3, for “oil reception facilities” (w.e.f. 1-3-2004). 
2. Subs by s. 4, ibid., for “oil” (w.e.f.1-3-2004). 

160 

 
                                                      
(i) the owner, agent, master or charterer of the tanker, 
(ii) the owner, agent, master or charterer of the ship other than a tanker, 
(iii) the owner, agent, master, charterer or operator of a mobile off-shore installation, 
(iv) the owner, operator, lessee or licensee of off-shore installation of any other type, 
or all or any of them, by notice served on him or as the case may be on them, to take such action in 
relation to the tanker, ship other than a tanker, mobile off-shore installation, or, as the case may be, 
off-shore installation of any other type or its cargo or in relation to both, as may be specified in such 
notice. 

(2) Without prejudice to the generality of sub-section (1), the notice issued under that sub-section 
may require the person or persons on whom such notice is served to take action relating to any or all 
of the following matters, namely:― 

(a) action for preventing the escape of 1[oil or noxious liquid substance] from the tanker, ship 

other than a tanker mobile off-shore installation or off-shore installation of any other type; 

(b) action for removing  1[oil or noxious liquid substance] from the tanker, ship other than a 
tanker, mobile off-shore installation or off-shore installation of any other type in such manner, if 
any, and to such place, if any, as may be specified in the notice; 

(c) action for removal of the tanker, ship other than a tanker, mobile off-shore installation or 

off-shore installation of any other type to a place, if any, as may be specified in the notice; 

(d) action for removal of the 1[oil or noxious liquid substance] slicks on the surface of the sea 

in such manner, if any, as may be specified in the notice; 

(e) action to disperse the 1[oil or noxious liquid substance] slicks on the surface of the sea in 

such manner, if any, as may be specified in the notice. 

(3)  The  Central  Government  may,  by  any  notice  issued  under  sub-section  (1),  prohibit  the 

removal― 

(a)  of  the  tanker,  ship  other  than  a  tanker,  mobile  off-shore  installation  or  off-shore 

installation of any other type, from a place specified in the notice; 

(b)  from  the  tanker,  ship  other  than  a  tanker,  mobile  off-shore  installation  or  off-shore 

installation of any other type, of any cargo or stores as may be specified in the notice, 

except  with  its  previous  permission  and  upon  such  conditions,  if  any,  as  may  be  specified  in  the 
notice. 

(4) Notwithstanding anything contained in sub-section (2), the Central Government may, if it is of 
the  opinion that the  pollution  caused  or likely  to be  caused has or  may  present a  grave  emergency, 
proceed  to  take  such  measures  as  may  be  deemed  necessary  and  any  measures  so  taken  shall  be 
deemed to have been taken under section 356K. 

356K.  Powers  to  take  measures  for  preventing  or  containing  1[oil  or  noxious  liquid 
substance]  pollution.―(1)  Where  any  person  fails  to  comply,  or  fails  to  comply  in  part,  with  any 
notice served on him under section 356J, 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― 

(i) carrying out the directives given in the notice issued under section 356J; and 
(ii)  containing  the  pollution  already  caused  or  preventing  the  pollution  threatened  to  be 
caused,  of  coastal  waters  or,  as  the  case  may  be,  of  any  part  of  the  coast  of  India  by  2[oil  or 
noxious  liquid  substance]  escaped  or  threatening  to  escape  from  the  tanker,  a  ship  other  than  a 
tanker, a mobile off-shore installation or off-shore installation of any other type. 

1. Subs. by Act 59 of 2003, s. 5, for “oil” (w.e.f.1-3-2004). 

161 

 
                                                      
 
 
(2)  Subject  to  the  provisions  of  Part  XB,  any  expenditure  or  liability  incurred  by  the  Central 
Government in, or by reason of, the exercise of powers under sub-section (1) in relation to any tanker, 
ship  other  than  a  tanker,  mobile  off-share  installation  or  off-shore  installation  of  any  other  type  in 
respect of which a notice had been issued under section 356J, or its cargo of  1[oil or noxious liquid 
substance]  that  had  escaped  or  was  discharged  into  the  sea,  shall  be  a  debt  due  to  the  Central 
Government by the person or persons on whom the notice was served and may be recovered from that 
person, or as the case may be, from all or any of those persons and shall be a charge upon all or any 
tanker, ship other than a tanker, mobile off-shore installation or off-shore installation of any other type 
owned by that person or persons which may be detained by the Central Government until the amount 
is paid: 

Provided that provisions of Part XB of this Act shall not apply to measures taken in respect of any 
off-shore  installation  which  is  not a  ship  within the meaning  of  this  Act  except that in the  event  of 
pollution damage caused by any such off-shore installation the person who is liable for the damage 
may claim exoneration from any liability 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 an act or omission done with intent to cause that damage by any 

other person; or 

(c)  was  wholly  caused  by  the  negligence  or  other  wrongful  act  of  any  government  or  other 
authority  responsible  for  the  maintenance  of  lights  or  other  nevigational  aids  in  exercise  of  its 
functions in that behalf. 

356L. Power of the Central Government to give directions to certain ships to render certain 
services.―(1) Where for the purposes of taking any measures under sub-section (1) of section 356K, 
services of any Indian ship becomes necessary for― 

(i) lightening or transporting any cargo or equipment from or to the polluting ship; or 

(ii)  providing  any  assistance  to  any  other  ship  or  equipment  engaged  in  rendering  services 

under clause (i), 

the Central Government may, if it deems it necessary so do, direct, by an order in writing, the owner 
of any Indian ship, tug, barge or any other equipment to provide such services or assistance as may be 
specified in that order. 

(2) The owner of any ship, tug, barge or any other equipment with respect to which an order under 
sub-section (1) has been made 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, the case may be, charter hire, shall be paid at such rates 
as may be fixed by the Director-General by an order in writing. 

(3) Where in pursuance of the proviso to sub-section (2), the Director-General makes any order 
fixing  rates  of  freight  or  charter  hire,  he  shall  determine  reasonability  of  such  rates  of  freight  or 
charter hire by examining such witnesses, documents and accounts as he may deem necessary. 

[356M.  Oil  pollution  cess.][Rep.  by  the  Finance  Act,  2016  (28  of  2016),  section  239  and  the 

Fifteenth Schedule (w.e.f.14-5-2016)]. 

[356N. Refusal of port clearance.][Rep. by the Finance Act, 2016 (28 of 2016), section 239 and 

the Fifteenth Schedule (w.e.f.14-5-2016)]. 

356-O.  Power  to  make  rules.―(1)  The  Central  Government  may,  having  regard  to  the 

provisions of the Convention, make rules to carry out the purposes of this Part. 

1. Subs. by Act 59 of 2003, s. 5, for “oil” (w.e.f. 1-3-2004). 

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(2) In particular and without prejudice to the generality of the provisions of sub-section (1), such 

rules may― 

1[(a) prescribe the limits of ballast, and designate noxious liquid substances, under clauses (a) and 

(h), respectively, of section 356B; 

(b)  prescribe  the  forms  in  which,  the  duration  for  which  and  the  conditions  subject  to  which, 

various international pollution prevention certificates shall be issued under section 356PC; 

(bb)  prescribe  the  period  within  which,  the  manner  in  which  and  the  conditions  for  making 
surveys of oil tankers or other ships prior to issuing an international pollution prevention certificate 
and  the  requirements  as  to  equipment  which  are  to  be  fitted  for  prevention  of  pollution  by  an  oil 
tanker and other ship under section 356E;] 

(c) prescribe the forms of 2[record books] for tankers and other Ships the manner in which such 
books shall be maintained, the nature of the entries to be made therein, the time and circumstances in 
which  such  entries  shall  be  made,  the  custody  and  disposal  thereof  and  all  other  matters  relating 
thereto for the purposes of section 356F; 

(d) prescribe the fees which may be levied for inspection of 3[various equipments required under 

the Convention] and the manner in which such fees may be collected; 

4* 

* 

* 

* 

* 

5[(ee)  any  other  matter  which,  for  the  implementation  of  the  Convention,  has  to  be  or  may  be 

prescribed.] 

6[PART XIB 

CONTROL OF HARMFUL ANTI-FOULING SYSTEMS ON SHIPS 

356P. Application.―(1) Save as otherwise provided in this Part, this Part shall apply to― 

(a) every Indian ship, wherever it is; 

(b) ships not entitled to fly the flag of India, but which operate under the authority of India; 

and 

(c)  ships  that  enter  a  port,  shipyard,  or  offshore  terminal  or  place  in  India  or  within  the 
territorial  waters  of  India  or  any  marine  areas  adjacent  thereto  over  which  India  has,  or  may 
hereafter have, exclusive jurisdiction in regard to control of 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. 

(2) This Part shall not apply to any warship, naval auxiliary or other ship owned or operated by or 
under  the  authority  of  India  and  used,  for  the  time  being,  only  on  Government  non-commercial 
service: 

Provided that in case of such ships, the Government shall ensure by the adoption of appropriate 
measures not impairing operations or operational capabilities of such ship that such ships are operated 
in a prescribed manner consistent with this Part. 

356Q. Definitions.―In this Part, unless the context otherwise requires,― 

(a) “anti-fouling system” means a coating, paint, surface treatment, surface, or device that is 

used on a ship to control or prevent attachment of unwanted organisms; 

1. Subs. by Act 59 of 2003, s. 6, for clauses (a) and (b) (w.e.f. 1-3-2004). 
2. Subs. by s. 6, ibid., for “oil record books” (w.e.f. 1-3-2004).  
3. Subs. by s. 6, ibid., for certain words (w.e.f. 1-3-2004). 
4. Clause (e) repealed by Act 28 of 2016, s. 239 and the Fifteenth Schedule (w.e.f. 14-5-2016). 
5. Ins. by Act 59 of 2003, s. 6 (w.e.f.1-3-2004). 
6. Ins. by Act 31 of 2014, s. 2 (w.e.f. 9-12-2014). 

163 

 
 
 
 
 
 
 
 
 
                                                      
(b) “authority” means― 

(i) the Government of India under whose authority the ship is operating; 
(ii) with respect to a ship entitled to fly a flag of any other country, the Government of 

that country; and 

(iii)  with  respect  to  floating  platforms  engaged  in  exploration  and  exploitation  of  the                 

sea-bed  and  subsoil  thereof  adjacent  to  Indian  coast  over  which  Government  of  India 
exercises  sovereign  rights  for  the  purposes  of  exploration  and  exploitation  of  its  natural 
resources (including Floating Storage Units and Floating Production Storage and Offloading 
Units), the Government of India; 
(c) “Committee” means the Marine Environment Protection Committee of the Organisation; 
(d) “Convention” means the International Convention on the Control of Harmful Anti-Fouling 

Systems on Ships, 2001; 

(e)  “gross  tonnage”  means  the  gross  tonnage  calculated  in  accordance  with  the  tonnage 
measurement  regulations  contained  in  Annex  1  to  the  International  Convention  on  Tonnage 
Measurement of Ships, 1969, or any successor Convention as ratified or acceded to or adopted by 
the Government of India; 

(f) “international voyage” means a voyage by a ship entitled to fly the flag of one State to or 

from a port, shipyard, or offshore terminal under the jurisdiction of another State; 
(g) “length” means the length as defined in the International Convention on Load Lines, 1966, as 
modified by the Protocol of 1988 relating thereto, or any successor Convention as ratified or acceded 
to or adopted by the Government of India; 

(h) “Organisation” means the International Maritime Organisation; 

(i) “port” shall have the same meaning as assigned to it in the Indian Port Act, 1908 (15 of 1908), 
the Major Port Trusts Act, 1963 (38 of 1963), or under any other law for the time being in force and 
shall include any terminal, either within the port limits or otherwise; 

(j)  “ship”  means  a  vessel  of  any  type  whatsoever  operating  in  the  marine  environment  and 
includes hydrofoil boats, air-cushion vehicles, submersibles, floating craft, fixed or floating platforms, 
floating storage units and floating production storage and off-loading units. 

356R.  Control  of  anti-fouling  systems.―(1)  Every  Indian  ship  and  other  ships  which  are  not 
entitled  to  fly  Indian  flag  but  operating  under  the  authority  of  India,  shall  comply  with  the 
requirements set forth in this Part, including the applicable standards and requirements as prescribed 
from  time  to  time  as  well  as  effective  measures  to  ensure  that  such  ships  comply  with  the 
requirements, as may be prescribed from time to time. 

(2) All other vessels to which this Part applies shall comply with requirements of the anti-fouling 

systems as prescribed from time to time. 

356S. Issuance of International Anti-Fouling System Certificate.―(1) No Indian ship or other 
ships  entitled  to fly  Indian  flag  or  operating  under  its  authority,  which is  of  400  gross  tonnage  and 
above  shall  engage  in  International  Voyage  unless  there  is  on-board,  in  respect  of  that  ship,  a 
certificate  issued  by  the  Director-General,  to  be  called  as  International  Anti-Fouling  System 
Certificate, in such form, for such duration and subject to such procedures and conditions as may be 
prescribed, from time to time. 

(2)  No  Indian  ship  or  other  ships  entitled  to  fly  Indian  flag  or  operating  under  its  authority 
excluding  fixed  or  floating  platforms,  Floating  Storage  Units  and  Floating  Production  Storage  and 
Offloading  Units  which  is  of  24  meters  or  more  in  length,  but  less  than  400  gross  tonnage,  shall 
engage in international voyage unless there is onboard a declaration in such form and subject to such 
procedures and conditions as may be prescribed, from time to time. 

(3)  Indian  ships  entitled  to  fly  Indian  flag  which  are  of  400  gross  tonnage  and  above,  with 
appropriate  conditions  as  applicable for  each type  of ships  and  not  engaged  in  international  voyage 

164 

 
and  are  required  to  be  registered  under  this  Act,  shall  be  issued  an  Indian  Anti-Fouling  System 
Certificate, as may be prescribed from time to time. 

356T. Issue of Anti-Fouling System Certificate for foreign ships in India and Indian ships in 
foreign countries.―(1) The Central Government may, at the request of the Government of a country 
to which the Convention applies, cause an International Anti-Fouling System Certificate to be issued 
in  accordance  with  the  Convention  in  respect  of  any  ship  of  that  country  to  which  the  Convention 
applies,  if  it  is  satisfied  that  such  certificate  can  properly  be  issued,  and  where  a  certificate  is  so 
issued,  it  shall  contain  a  statement  that  it  has  been  so  issued  on  a  request,  as  per  the  procedure 
prescribed in this behalf from time to time. 

(2) The Central Government may request the Government of a country to which the Convention 
applies, to issue an International Anti-Fouling System Certificate in accordance with the Convention 
in  respect  of  a  ship  to  which  this  Part  applies  and  the  certificate  so  issued  in  pursuance  of  such  a 
request shall contain a statement that it has been so issued and shall have the same effect as if it had 
been issued by the Central Government under this Act. 

356U. Controls of waste materials.―Taking into account the international rules, standards and 
requirements, the Central Government shall prescribe the rules and take appropriate measures in its 
territory  to  require  that  wastes  from  the  application  or  removal  of  an  anti-fouling  system,  are 
collected,  handled,  treated  and  disposed  of  in  a  safe  and  environmentally  sound  manner,  by  any 
person in India, to protect human health and the environment. 

 356V.  Record  of  anti-fouling  systems.―(1)  Every  ship  to  which  this  Part  applies  shall 

maintain, a record of anti-fouling systems in the prescribed form. 

(2) The manner, in which the record of anti-fouling systems to be maintained shall be prescribed 

having regard to the provisions of the Convention and this Part. 

356W.  Inspection  and  control  of  all  ships  above  400  gross  tonnage.―(1)  Any  person 
authorised by the Director-General as Surveyor in this behalf may inspect, at any reasonable time, any 
ship to which any of the provisions of this Part applies, for the purposes of― 

(a) ensuring that the prohibitions, restrictions and obligations imposed by or under this Part 

are complied with; 

(b) verifying that, where required, there is on-board a valid International Anti-Fouling System 

Certificate or a declaration on anti-fouling system; or 

(c) brief sampling of the ship's anti-fouling system that does not affect the integrity, structure, 
or operation of the anti-fouling system taking into account the procedures as prescribed from time 
to time; and 

(d) verifying any record required to be maintained on-board. 

(2)  For the  purposes  of clause  (c)  of  sub-section  (1), the time  required  to  process  the results of 

such sampling shall not be used as a basis for preventing the movement and departure of the ship. 

(3)  Any  person  authorised  by  the  Director-General  as  surveyor  in  this  behalf,  may,  certify  any 
matter referred to in sub-section (1) in respect of such ship as a copy of the records of the ship to be a 
true copy and such copy shall be admissible as evidence of the facts stated therein. 

 356X.  Information  regarding  contravention  of  the  provisions  of  Convention.―(1)  If,  on 
receipt of a report from a surveyor or other person authorised to inspect a ship, the Director-General is 
satisfied that any provision of this Part has been contravened by such ship within the coastal waters, 
the Director-General or any officer authorised by him in this behalf, may― 

(a) detain the ship until the causes of such contravention are removed to the satisfaction of the 

Director-General or the officer authorised by him; and 

(b) levy penalty on such ship as specified in section 436: 

165 

 
Provided that where the Director-General deems it necessary, he may request the Indian Navy or 
the  Coast  Guard  for  preventing  the  ship  from  proceeding  to  sea  and  the  Indian  Navy  or  the  Coast 
Guard, as the case may be, shall take action as requested by the Director-General. 

(2)  On  receipt  of  information  from  the  Government  of  any  country  to  which  the  Convention 
applies that a ship has contravened any provision of the Convention, the Central Government may, if 
it  deems  it  necessary  so  to  do,  request  such  Government  to  furnish  further  details  of  the  alleged 
contravention and, if satisfied that sufficient evidence is available, conduct investigation of the alleged 
violations and take appropriate measures in respect thereof. 

356Y. Power to make rules.―(1) The Central Government may, having regard to the provisions 

of the Convention, make rules to carry out the provisions of this Part. 

(2) In particular and without prejudice to the generality of the provisions of sub-section (1), such 

rules may provide for all or any of the following matters, namely:― 

(a) appropriate measures for operation of ships under the proviso to sub-section (2) of section 

356P; 

(b) the standards, requirements and measures to ensure compliance under section 356R; 

(c) procedure and conditions and the fees which may be levied for inspection and issuance of 

international Anti-Fouling Systems Certificate under section 356S; 

(d)  procedure  and  the  fees  which  may  be  levied  for  issuance  of  Anti-Fouling  Systems 

Certificate for foreign ships in India and Indian ships in foreign countries under section 356T; 

(e) procedure for collection, handling and disposal of wastes under section 356U; 

(f) the format of record of Anti-Fouling Systems, the manner in which such record shall be 

maintained under section 356V; 

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

PART XII 

INVESTIGATIONS AND INQUIRIES 

357.  Definition  of  “coasts”.―In  this  Part,  the  word  “coasts”  includes  the  coasts  of  creeks  and 

tidal rivers. 

358.  Shipping  casualties  and  report  thereof.―(1)  For  the  purpose  of  investigations  and 

inquiries under this Part, a shipping casualty shall be deemed to occur when― 

(a) on or near the coasts of India, any ship is lost, abandoned, stranded or materially damaged; 

(b) on or near the coasts of India, any ship causes loss or material damage to any other ship; 

(c) any loss of life ensues by reason of any casualty happening to or on board any ship on or 

near the coasts of India; 

(d) in any place, any such loss, abandonment, stranding, material damage or casualty as above 
mentioned occurs to or on board any Indian ship, and any competent witness thereof is found in 
India; 

(e) any Indian ship is lost or is supposed to have been lost, and any evidence is obtainable in 

India as to the circumstances under which she proceeded to sea or was last heard of. 

(2) In the cases mentioned in clauses (a), (b) and (c) of sub-section (1), the master, pilot, harbour 
master or other person in charge of the ship, or (where two ships are concerned) in charge of each ship 
at the time of the shipping casualty, and 

in  the  cases  mentioned  in  clause  (d)  of  sub-section  (1),  where  the  master  of  the  ship  concerned  or 
(except in the case of a loss) where the ship concerned proceeds to any place in India from the place 
where the shipping casualty has occurred, the master of the ship, 

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shall, on arriving in India, give immediate notice of the shipping casualty to the officer appointed in 
this behalf by the Central Government. 

359. Report of shipping casualties to Central Government.―(1) Whenever any such officer as 
is referred to in sub-section (2) of section 358 receives credible information that a shipping casualty 
has occurred, he shall forthwith report in writing the information to the Central Government; and may 
proceed to make a preliminary inquiry into the casualty. 

(2) An officer making a preliminary inquiry under sub-section (1) shall send a report thereof to 

the Central Government or such other authority as may be appointed by it in this behalf. 

360.  Application  to  court  for  formal  investigation.―The  officer  appointed  under  sub-section 
(2)  of section  358,  whether  he  has  made  a  preliminary  inquiry  or  not,  may,  and,  where  the  Central 
Government so directs, shall make an application to a court empowered under section 361, requesting 
it to make a formal investigation into any shipping casualty, and the court shall thereupon make such 
investigation. 

 361.  Court  empowered  to  make  formal  investigation.―1[A  Judicial  Magistrate  of  the  first 
class] specially empowered in this behalf by the Central Government and a 2[Metropolitan Magistrate] 
shall have jurisdiction to make formal investigation into shipping casualties under this Part. 

362.  Power  of  court  of  investigation  to  inquire  into  charges  against  master,  mates  and 
engineers.―(1)  Any  court  making  a  formal  investigation into  a  shipping  casualty  may  inquire into 
any  charge  of  in  competency  or  misconduct  arising,  in  the  course  of  the  investigation,  against  any 
master, mate or engineer, as well as into any charge of a wrongful act or default on his part causing 
the shipping casualty. 

(2)  In  every  case  in  which  any  such  charge,  whether  of  in  competency  or  misconduct,  or  of  a 
wrongful act or default, as aforesaid, arises against any master, mate or engineer, in the course of an 
investigation, the court shall, before the commencement of the inquiry, cause to be furnished to him a 
statement of the case upon which the inquiry has been directed. 

363.  Power  of  Central  Government  to  direct  inquiry  into  charges  of  in  competency  or 
misconduct.―(1) If the Central Government has reason to believe that there are grounds for charging 
any  master,  mate  or  engineer  with  in  competency  or  misconduct,  otherwise  than  in  the  course  of  a 
formal investigation into a shipping casualty, the Central Government,― 

(a) if the master, mate or engineer holds a certificate under this Act, in any case; 

(b)  if  the  master,  mate  or  engineer  holds  a  certificate  under  the  law  of  any  country  outside 

India, in any case where the in competency or misconduct has occurred on board an Indian ship; 

may transmit a statement of the case to any court having jurisdiction under section 361, which is at or 
nearest to the place where it may be convenient for the parties and witnesses to attend, and may direct 
that court to make an inquiry into that charge. 

(2) Before commencing the inquiry, the court shall cause the master, mate or engineer so charged 

to be furnished with a copy of the statement transmitted by the Central Government. 

364.  Opportunity  to  be  given  to  person  to  make  defence.―For  the  purpose  of  any  inquiry 
under  this  Part  into  any  charge  against  a  master,  mate  or  engineer,  the  court  may  summon  him  to 
appear, and shall give him an opportunity of making a defence either in person or otherwise. 

 365. Power of court as to evidence and regulation of proceedings.―3[(1)] For the purpose of 
any  investigation  or  inquiry  under  this  Part,  the  court  making  the  investigation  or  inquiry  shall  in 
respect of compelling the attendance and examination of witnesses and the production of documents 

1. Subs. by Act 12 of 1983, s. 17 and the Schedule, for “A magistrate of the first class” (w.e.f. 18-5-1983).  
2. Subs. by s. 17 and the Schedule, ibid., for “presidency magistrate” (w.e.f. 18-5-1983).  
3. Section. 365 renumbered as sub-section (1) thereof by Act 41 of 1984, s. 19 (w.e.f. 15-7-1985). 

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and the  regulation of  the  proceedings, have  the same powers  as  are exercisable by  that  court in the 
exercise of its criminal jurisdiction. 

1[(2)  Subject  to  any  rules  made  in  this  behalf  by  the  Central  Government,  the  court  making  an 
investigation  or  inquiry  under  this  Part  may,  if  it  thinks  fit,  order  the  payment,  on  the  part  of  that 
Government,  of  the  reasonable  expenses  of  any  witness  attending  for  the  purposes  of  such 
investigation or inquiry before such court.] 

366.  Assessors.―(1)  A  court  making  a  formal  investigation  shall  constitute  as  its assessors not 
less  than  two  and  not  more  than  four  persons,  of  whom  one  shall  be  a  person  conversant  with 
maritime affairs and the other or others shall be conversant with either maritime or mercantile affairs: 

Provided that, where the investigation involves, or appears likely to involve, any question as to 
the  cancellation  or  suspension  of  the  certificate  of  a master,  mate  or  engineer, two  of  the  assessors 
shall be persons having also experience in the merchant service. 

(2) The assessors shall attend during the investigation and deliver their opinions in writing, to be 
recorded on the proceedings, but the exercise of all powers conferred on the court by this Part or any 
other law for the time being in force shall rest with the court. 

(3)  The  assessors  shall  be  chosen  from  a  list  to  be  prepared  from  time  to  time  by  the  Central 

Government. 

367.  Power  to  arrest  witnesses  and  enter  ships.―If  any  court  making  an  investigation  or 
inquiry under this Part thinks it necessary for obtaining evidence that any person should be arrested, it 
may  issue  a  warrant  for  his  arrest,  and  may,  for  the  purpose  of  effecting  the  arrest,  authorise  any 
officer, subject, nevertheless, to any general or special instructions from the Central Government, to 
enter any vessel, and any officer so authorised may, for the purpose of enforcing the entry, call to his 
aid any officer of police or customs or any other person. 

368. Power to commit for trial and bind over witnesses.―Whenever, in the course of any such 
investigation  or  inquiry,  it  appears  that  any  person  has  committed  in  India  an  offence  punishable 
under any  law in force in India,  the  court  making  the  investigation  or inquiry  may  (subject to such 
rules  consistent  with  this  Act  as  the  High  Court  may  from  time  to  time  make)  cause  him  to  be 
arrested, or commit him or hold him to bail to take his trial before the proper court, and may bind over 
any  person  to  give  evidence  at  the  trial,  and  may,  for  the  purposes  of  this  section,  exercise  all  its 
powers as a criminal court. 

 369.  Report  by  court  to  Central  Government.―(1)  The  court  shall,  in  the  case  of  all 
investigations  or  inquiries  under  this  Part,  transmit  to  the  Central  Government  a  full  report  of    the 
conclusions at which it has arrived together with the evidence. 

(2) Where the investigation or inquiry affects a master or an officer of a ship other than an Indian 
ship who holds a certificate under the law of any country outside India, the Central Government may 
transmit a copy of the report together with the evidence to the proper authority in that country. 

2[(3) The Central Government shall, on receipt of the investigation report from the court, cause it 

to be published in the Official Gazette.] 

370. Powers of court as to certificates granted by Central Government.―(1) A certificate of a 
master, mate or engineer which has been granted by the Central Government under this Act may be 
cancelled or suspended― 

(a)  by  a  court  holding  a  formal  investigation  into  a  shipping  casualty  under  this  Part  if  the 
court finds that the loss, stranding or abandonment of, or damage to, any ship, or loss of life, has 
been caused by the wrongful act or default of such master, mate or engineer; 

1. Ins. by Act 41 of 1984, s. 19 (w.e.f.15-7-1985). 
2. Ins. by Act 9 of 1998, s. 5 (w.e.f. 26-9-1997).  

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(b)  by  a  court  holding  an  inquiry  under  this  Part  into  the  conduct  of  the  master,  mate  or 
engineer  if  the  court  finds  that  he  is  incompetent  or  has  been  guilty  of  any  gross  act  of 
drunkenness,  tyranny  or  other  misconduct  or  in  a  case  of  collision  has  failed  to  render  such 
assistance or give such information as is required by section 348. 

(2) At the conclusion of the investigation or inquiry, or as soon thereafter as possible, the court 
shall state in open sitting the decision to which it may have come with respect to the cancellation or 
suspension  of  any  certificate  and,  if  suspension  is  ordered,  the  period  for  which  the  certificate  is 
suspended. 

(3)  Where  the  court  cancels  or  suspends  a  certificate,  the  court  shall  forward  it  to  the  Central 

Government together with the report which it is required by this Part to transmit to it. 

371.  Power  of  court  to  censure  master,  mate  or  engineer.―Where  it  appears  to  the  court 
holding  an  investigation  or  inquiry  that  having  regard  to  the  circumstances  of  the  case  an  order  of 
cancellation or suspension under section 370 is not justified, the court may pass an order censuring the 
master, mate or engineer in respect of his conduct. 

 372. Power of court to remove master and appoint new master.―(1) A 1[Judicial Magistrate 
of the first class] specially empowered in this behalf by the Central Government or a  2[Metropolitan 
Magistrate] may remove the master of any ship within his jurisdiction if the removal is shown to his 
satisfaction to be necessary. 

(2) The removal may be made upon the application of the owner of any ship or his agent, or of the 

consignee of the ship or of any certificated officer or of one-third or more of the crew of the ship. 

(3) The  3[Judicial  Magistrate  of  the  first  class  or  Metropolitan  Magistrate, as  the  case  may  be,] 
may appoint a new master instead of the one removed, but where the owner, agent or consignee of the 
ship  is  within  his  jurisdiction,  such  an  appointment  shall  not  be  made  without  the  consent  of  that 
owner, agent or consignee. 

(4)  The  3[Judicial  Magistrate  of  the  first  class  or  Metropolitan  Magistrate,  as  the  case  may  be] 
may also make such order and require such security in respect of the cost of the matter as he thinks fit. 

373. Convening of Marine Boards outside India.―Whenever― 

Marine Board 

(a)  a  complaint  is  made  to  an  Indian  consular  officer  or  a  senior  officer  of  any  ship  of  the 
Indian Navy in the vicinity (hereinafter referred to as naval officer) by the master or any member 
of the crew of an Indian ship and such complaint appears to the Indian consular officer or naval 
officer, as the case may be, to require immediate investigation; or 

(b)  the  interest  of  the  owner  of  an  Indian  ship  or  of  the  cargo  thereof  appears  to  an  Indian 

consular officer or naval officer, as the case may be, to require it; or 

(c) an allegation of in competency or misconduct is made to an Indian consular officer or a 

naval officer against the master or any of the officers of an Indian ship; or 

(d)  any  Indian  ship  is  lost,  abandoned  or  stranded  at  or  near  the  place  where  an  Indian 
consular officer or naval officer may be or whenever the crew or part of the crew of any Indian 
ship which has been lost, abandoned or stranded arrives at that place; or 

(e) any loss of life or any serious injury to any person has occurred on board an Indian ship at 

or near that place; 

the Indian consular officer or the naval officer, as the case may be, may, in his discretion, convene a 
Board of Marine Inquiry to investigate the said complaint or allegation or the matter affecting the said 

1. Subs. by Act 12 of 1983, s. 17 and the Schedule, for “magistrate of the first class” (w.e.f. 18-5-1983). 
2. Subs. by s. 17 and the Schedule, ibid., for “presidency magistrate” (w.e.f. 18-5-1983). 
3. Subs. by s. 17 and the Schedule, ibid., for “magistrate” (w.e.f. 18-5-1983). 

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interest or the cause of the loss, abandonment or the stranding of the ship or of the loss of life or of the 
injury to the person. 

374. Constitution and procedure of Marine Board.―(1) A Marine Board shall consist of the 

officer convening the Board and two other members. 

(2) The two other members of the Marine Board shall be appointed by the officer convening the 

Marine Board from among persons conversant with maritime or mercantile affairs. 

(3) The officer convening the Marine Board shall be the presiding officer thereof. 

(4) A Marine Board shall, subject to the provisions of this Act, have power to regulate it‟s own 

procedure. 

375.  Decisions  of Marine  Board to  be  by majority.―  Where  there  is  a  difference  of  opinion 
among  members  of  the  Marine  Board,  the  decision  of  the  majority  of  the  members  shall  be  the 
decision of the Board. 

376.  Powers  of  Marine  Board.―(1)  A  Marine  Board  may,  after  investigating  and  hearing  the 

case― 

(a) if it is of opinion that the safety of an Indian ship or her cargo or crew or the interest of the 
owner of an Indian ship or of the owner of the cargo thereof requires it, remove the master and 
appoint another qualified person to act in his stead; 

(b) if it is of opinion that any master or officer of an Indian ship is incompetent or has been 
guilty of any act of misconduct or in a case of collision has failed to render such assistance or give 
such information as is required by section 348 or that loss, abandonment or stranding of or serious 
damage to any ship, or loss of life or serious injury to any person has been caused by the wrongful 
act  or  default  of  any  master  or  ship‟s  officer  of  an  Indian  ship,  suspend  the  certificate  of  that 
master or ship's officer for a stated period: 

Provided that no such certificate shall be suspended unless the master or officer concerned has 
been furnished with a statement of the case in respect of which investigation has been ordered and 
he has also been given an opportunity of making a defence either in person or otherwise; 

(c) discharge a seaman from an Indian ship and order the wages of any seaman so discharged 

or any part of those wages to be forfeited; 

(d) decide any questions as to wages, fines or forfeitures arising between any of the parties to 

the proceedings; 

(e) direct that any or all of the costs incurred by the master or owner of an Indian ship or on 
the maintenance of a seaman or apprentice while in prison outside India shall be paid out of, and 
deducted from, the wages of that seaman or apprentice, whether earned or subsequently earned; 

(f) if it considers such a step expedient, order a survey to be made of any Indian ship which is 

the subject of investigation; 

(g) order the costs of proceedings before it or any part of those costs, to be paid by any of the 
parties  thereto,  and  may  order  any  person  making  a  frivolous  or  unjustified  complaint  to  pay 
compensation for any loss or delay caused thereby; and any costs or compensation so ordered to 
be paid by any person shall be paid by that person accordingly and may be recovered in the same 
manner in which wages of seaman are recoverable or may be deducted from the wages due to that 
person. 

(2) All orders made by a Marine Board shall, whenever practicable, be entered in the official log 
book of the ship which is the subject of investigation or on board which the casualty or occurrence or 
conduct investigated took place, and be signed by the presiding officer of the Board. 

170 

 
Miscellaneous provisions relating to cancellation and suspension of certificates 
377. Powers of Central Government to cancel, suspend, etc., certificate of master, mate or 
engineer.―(1) Any certificate which has been granted by the Central Government under this Act to 
any master, mate or engineer, may be cancelled or suspended for any specified period, by the Central 
Government in the following cases, that is to say,― 

(a) if, on any investigation or inquiry made by any court, tribunal or other authority for the 
time being authorised by the legislative authority in any country outside India, the court, tribunal 
or other authority reports that the master, mate or engineer is incompetent or has been guilty of 
any gross act of misconduct, drunkenness or tyranny, or in a case of collision has failed to render 
assistance, or to given such information as is referred to in section 348, or that the loss, stranding 
or abandonment of, or damage to, any ship or loss of life has been caused by his wrongful act or 
default; 

(b) if the master, mate or engineer is proved to have been convicted― 

(i)  of  any  offence  under  this  Act  or  of  any  non-bailable  offence  committed  under  any 

other law for the time being in force in India; or 

(ii) of an offence committed outside India, which, if committed in India, would be a non-

bailable offence; 
(c) if (in the case of a master of an Indian ship) he has been superseded by the order of any 

court of competent jurisdiction in India or outside India. 
1[(1A)  Any  certificate  within  the  meaning  of  clause  (b)  of  section  87A  may  be  cancelled  or 
suspended for any specified period by the Central Government if the person to whom such certificate 
has been granted has contravened the provisions of sub-section (1) or sub-section (2) of section 87B: 

Provided that no order under this sub-section shall be passed by the Central Government unless 
the  person  concerned  has  been  given  an  opportunity  of  making  a  representation  against  the  order 
proposed.] 

(2) The Central Government may at any time, if it thinks the justice of the case so requires,― 

(a) revoke any order of cancellation or suspension made by it under 2[sub-section (1) or sub-
section (1A) or] set aside any order of cancellation or suspension made by a court under section 
370 or any order of suspension made by a Marine Board under clause (b) of sub-section (1) of 
section 376 or any order of censure made by a court under section 371; or 

(b)  shorten  or  lengthen  the  period  of  suspension  ordered  by  it  under  2[sub-section  (1)  or             
sub-section  (1A)  or]  by  a  court  under  section  370  or  by  a  Marine  Board  under  clause  (b)  of             
sub-section  (1)  of  section  376  or  cancel  a  certificate  suspended  by  a  Marine  Board  under  that 
clause; or 

(c) grant without examination a new certificate of the same or any lower grade in the case of 
any certificate cancelled or suspended by it under 2[sub-section (1) or sub-section (1A) or] by a 
court  under  section  370  or  any  certificate  suspended  by  a  Marine  Board  under  clause  (b)  of             
sub-section (1) of section 376: 

Provided  that  no  order  under  clause  (b)  either  lengthening  the  period  of  suspension  of  or 
cancelling  a  certificate  shall  be  passed  by  the  Central  Government  unless the  person concerned  has 
been given an opportunity of making a representation against the order proposed. 

(3) A certificate granted under clause (c) of sub-section (2) shall have the same effect as if it had 

been granted after examination. 

378. Delivery of Indian certificate cancelled or suspended.―A master or ship‟s officer who is 
the  holder  of  a  certificate  issued  under  this  Act  shall,  if  such  certificate  has  been  cancelled  or 
suspended  by  the  Central  Government  or  by  a  court  or  suspended  by  a  Marine  Board,  deliver  his 

1. Ins. by Act 20 of 1979, s. 3 (w.e.f. 4-5-1979). 
2. Subs. by s. 3, ibid., for “sub-section (1) or” (w.e.f. 4-5-1979). 

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certificate to the Central Government, court or Marine Board on demand or if it is not so demanded by 
the Central Government or court or Board, to the Director-General. 

379.  Effect  of cancellation  or  suspension  of  certificate.―The  cancellation  or  suspension  of  a 
certificate  by  the  Central  Government  or  by  a  court  or  the  suspension  of  a  certificate  by  a  Marine 
Board, shall― 

(a) if the certificate was issued under this Act, be effective everywhere and in respect of all 

ships; and 

(b) if the certificate was issued outside India, be effective― 

(i) within India and the territorial waters of India, in respect of all ships; and 

(ii) outside India, in respect of Indian ships only. 

 380. Suspended certificate not to be endorsed.―If the certificate of a master or ship's officer is 
suspended  under  this  Part  by  the  Central  Government  or  by  a  court  or  a  Marine  Board,  no 
endorsement shall be made to that effect on the said certificate. 

381. Power of Central Government to cancel or suspend other certificates.―Notwithstanding 
anything  contained  in  this  Act,  the  Central  Government  may,  at  any  time,  without  any  formal 
investigation or inquiry, cancel or suspend any certificate granted by it under this Act, other than a 
certificate granted to a master, mate or engineer, if, in its opinion, the holder is, or has become, unfit 
to act in the grade for which the certificate was granted to him: 

Provided that no order under this section shall be passed by the Central Government unless the 
person  concerned  has  been  given  an  opportunity  of  making  a  representation  against  the  order 
proposed. 

Re-hearing of cases 

382.  Re-hearing.―(1)  Whenever  an  investigation  or  inquiry  has  been  held  by  a  court  or  by  a 
Marine  Board  under  this  Part,  the  Central  Government  may  order  the  case  to  be  reheard  either 
generally or as to any part thereof, and shall so order― 

(a) if new and important evidence which could not be produced at the investigation has been 

discovered, or 

(b) if for any other reason there has, in its opinion, been a miscarriage of justice. 

(2) The Central Government may order the case to be reheard by the court or Marine Board as the 
case may be consisting of the same members or other members as the Central Government may deem 
fit. 

Courts of survey 

383. Constitution of court of survey.―(1) A court of survey for a port shall consist of a Judge 

sitting with two assessors. 

(2)  The  Judge  shall  be  a  District  Judge,  Judge  of  a  court  of  small  causes,  1[Metropolitan 
Magistrate,  Judicial  Magistrate  of  the  first  class]  or  other  fit  person  appointed  in  this  behalf  by  the 
Central Government either generally or for any specified case. 

(3) The assessors shall be persons of nautical, engineering pr other special skill or experience. 

(4)  Subject  to  the  provisions  of  Part  IX  as  regards  ships  other  than  Indian  ships,  one  of  the 
assessors shall be appointed by the Central Government either generally or in each case and the other 
shall be summoned by the Judge in the manner prescribed out of a list of persons from time to time 
prepared for the purpose by the Central Government or, if there is no such list or if it is impracticable 
to procure the attendance of any person named in such list, shall be appointed by the Judge. 

1.  Subs.  by  Act  12  of  1983,  s.  17  and  the  Schedule,  for  “presidency  magistrate,  magistrate  of  the  first  class”                     

(w.e.f. 18-5-1983). 

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384. Appeal from surveyor to court of survey.―(1) If a surveyor authorised to inspect a ship― 

(a)  makes  a  statement  in  his  report  of  inspection  with  which  the  owner  or  his  agent  or  the 

master of the ship is dissatisfied, or 

(b) gives notice under this Act of any defect in any ship, or 

(c) declines to give any certificate under this Act, 

the owner, master or agent, as the case may be, may, subject to the provisions of sub-section (2) and 
of section 387, appeal to a court of survey. 

(2) Whenever a surveyor inspects any ship, he shall, if the owner, master or agent of the ship so 
requires, be accompanied on the inspection by some person nominated by the owner, master or agent, 
as the case may be, and if the person so nominated agrees with the surveyor as to the statement made 
or the notice given by the surveyor or the refusal by the surveyor to give a certificate, there shall be no 
appeal to a court of survey from that statement, notice or refusal. 

385.  Powers  and  procedure  of  court  of  survey.―(1)  The  Judge  shall  on  receiving  notice  of 
appeal  or  a  reference  from  the  Central  Government  immediately  summon  the  assessors  to  meet 
forthwith in the prescribed manner. 

(2) The court of survey shall hear every case in open court. 

(3)  The  Judge  may  appoint  any  competent  person  to  survey  the  ship  and  report  thereon  to  the 

court. 

(4) The Judge shall have the same powers as the Central Government has to order the ship to be 
released or finally detained; but unless one of the assessors concurs in an order for the detention of the 
ship, the ship shall be released. 

(5) The owner and master of the ship and any person appointed by the owner or master and also 
any  person  appointed  by  the  Central  Government  may  attend  any  inspection  or  survey  made  in 
pursuance of this section. 

(6) The Judge shall report the proceedings of the court in each case to the Central Government in 
the  manner  prescribed  and  each  assessor  shall  either  sign  such  report  or  report  to  the  Central 
Government the reasons for his dissent. 

386.  Power  to  make  rules.―The  Central  Government  may  make  rules  for  carrying  out  the 
purposes of this Part with respect to a court of survey and in particular, and without prejudice to the 
generality of the foregoing power, with respect to― 

(a) the procedure of the court; 

(b) the requiring, on an appeal, of security for costs and damages; 

(c) the amount and application of fees; and 

(d) the ascertainment, in case of dispute, of the proper amount of costs  

Scientific referees 

 387.  Reference  in  difficult  cases  to  scientific  persons.―(1)  If  the  Central  Government  is  of 
opinion that an appeal to a court of survey involves a question of construction or design or a scientific 
difficulty or important principle, it may refer the matter to such one or more out of a list of scientific 
referees to be from time to time prepared by the Central Government as may appear to possess the 
special qualifications necessary for the particular case and may be selected by agreement between a 
person duly appointed by the Central Government in this behalf and the appellant, or in default of any 
such  agreement,  by  the  Central  Government;  and  there  upon  the  appeal  shall  be  determined  by  the 
referee or referees instead of by the court of survey. 

(2) The Central Government, if the appellant in any such appeal so requires and gives security to 
its satisfaction to pay the costs of and incidental to the reference, shall refer such appeal to a referee or 
referees selected as aforesaid. 

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(3) The referee or referees shall have the same powers as a Judge of the court of survey.  

Investigations into explosions or fires on board ships 

388. Power to investigate causes of explosion or fire on board ship.―Whenever any explosion 
or fire occurs on board any ship on or near the coasts of India, the Central Government may direct that 
an investigation into the causes of explosion or fire be made by such person or persons as it thinks fit. 

389. Report to he made regarding cause of explosion or fire.―The person or persons referred 
to  in  section  388  may  go  on  board  the  ship  on  which  the  explosion  or  fire  has  occurred  with  all 
necessary workmen and labourers, and remove any portion of the ship, or of the machinery  thereof, 
for  the  purpose  of  the  investigation,  and  shall  report  to  the  Central  Government  or  the  person  duly 
appointed by it, as the case may be, what in his or their opinion was the cause of the explosion or fire. 

PART XIII 

WRECK AND SALVAGE WRECK 

390.  Definition  of  “coasts”.―In  this  Part,  the  word  “coasts”  includes  the  coasts  of  creeks  and 

tidal rivers. 

391.  Receivers  of  wreck.―(1)  The  Central  Government  may,  by  notification  in  the  Official 
Gazette, appoint any person to be a receiver of wreck (in this Part referred to as receiver of wreck) to 
receive  and  take  possession  of  wreck  and  to  perform  such  duties  connected  therewith  as  are 
hereinafter mentioned, within such local limits as may be specified in the notification. 

(2) A receiver of wreck may, by order in writing, direct that all or any of his functions under this 
Part  shall,  in  such  circumstances  and  subject  to  such  conditions,  if  any,  as  may  be  specified  in  the 
order, be discharged by such person as may be specified therein and any person while discharging any 
such functions shall be deemed to be a receiver of wreck for the purposes of this Act. 

392. Duty of receiver where vessel is in distress.―Where any vessel is wrecked, stranded or in 
distress at any place on or near the coasts of India, the receiver of wreck, within the limits of whose 
jurisdiction the place is situate, shall, upon being made acquainted with the circumstances, forthwith 
proceed there, and upon his arrival shall take command of all persons present and shall assign such 
duties and give such directions to each person as he thinks fit for the preservation of the vessel and of 
the lives of the person's belonging to the vessel and of its cargo and equipment: 

Provided  that  the  receiver  shall  not  interfere  between  the  master  and  the  crew  of  the  vessel,  in 

reference to the management thereof unless he is requested to do so by the master. 

393.  Power  to  pass  over  adjoining  lands.―(1)  Whenever  a  vessel  is  wrecked,  stranded  or  in 
distress as aforesaid, all persons may, for the purpose of rendering assistance to the vessel or of saving 
the lives of the shipwrecked persons, or of saving the cargo or equipment of the vessel, 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, 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 in consequence of the exercise of the rights 
given by this section, shall be a charge on the vessel, cargo or articles in respect of or by which the 
damage is occasioned and the amount payable in respect of the damage shall, in case of dispute, be 
determined by a Magistrate on application made to him in this behalf. 

 394. Power of receiver of wreck to suppress, plunder and disorder by force.―Whenever a 
vessel  is  wrecked,  stranded  or  in  distress  as  aforesaid,  and  any  person  plunders,  creates  disorder  or 
obstructs the preservation of the vessel or of the shipwrecked persons or of the cargo or equipment of 
the vessel, the receiver of wreck may take such steps and use such force as he may consider necessary 
for  the  suppression  of  any  such  plundering,  disorder  or  obstruction,  and  may  for  that  purpose 
command any person to assist him. 

174 

 
395.  Procedure  to  be  observed  by  persons  finding  wreck.―Any  person  finding  and  taking 
possession  of any  wreck  within  any  local limits for which  there  is a  receiver  of  wreck,  or  bringing 
within such limits any wreck which has been found and taken possession of elsewhere, shall, as soon 
as practicable— 

(a)  if  he  be  the  owner  thereof,  give  the  receiver  of  wreck  notice  in  writing  of  the  finding 

thereof and of the marks by which such wreck is distinguished; 

(b) if he be not the owner of such wreck, deliver the same to the receiver of wreck. 

396. Investigation of certain matters in respect of vessels wrecked, etc.―Whenever any vessel 
is wrecked, stranded or in distress as aforesaid, the receiver of wreck within the local limits of whose 
jurisdiction the vessel is wrecked, stranded or in distress may conduct an investigation into all or any 
of the following matters, that is to say,— 

(a) the name and description of the vessel; 

(b) the names of the master and of the owners; 

(c) the names of the owners of the cargo; 

(d) the ports from and to which the vessel was bound; 

(e) the occasion of the wrecking, stranding, or distress of the vessel; 

(f) the services rendered; and 

(g) such other matters or circumstances relating to the vessel, the cargo or the equipment, as 

the receiver thinks necessary. 

397. Notice to be given by receiver.―The receiver of wreck shall as soon as may be after taking 
possession  of  any  wreck,  publish  a  notification  in  such  manner  and  at  such  place  as  the  Central 
Government  may,  by  general  or special  order,  direct,  containing  a  description  of  the  wreck  and the 
time at which and the place where it was found. 

398. Immediate sale of wreck by receiver in certain cases.―A receiver of wreck may at any 

time sell any wreck in his custody if, in his opinion,— 

(a) it is under the value of five hundred rupees; or 

(b) it is so much damaged or of so perishable a nature that it cannot with advantage be kept; 

or 

(c) it is not of sufficient value for warehousing; 

and the proceeds of the sale shall, after defraying the expenses thereof, be held by the receiver for the 
same  purposes  and  subject  to  the  same  claims,  rights  and  liabilities  as  if  the  wreck  had  remained 
unsold. 

399. Claims of owners to wreck.―(1) The owner of any wreck in the possession of the receiver 
upon  establishing  his  claim  to  the  same  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 vessel other than an Indian vessel which 
has been wrecked or belonging to and forming part of the cargo of such vessel, are found on or near 
the coasts of India or are brought into any port in India, the consular officer of the country in which 
the vessel is registered or, in the case of cargo, the country to which the owners of the cargo may have 
belonged shall, in the absence of the owner and of the master or other agent of the owner, be deemed 
to be the agent of the owner, with respect to the custody and disposal of the articles. 

(3) Where the owner of the wreck does not appear and claim the balance of the  proceeds of sale 
within  one  year  from  the  date  of  sale,  the  said  balance  shall  become  the  property  of  the  Central 
Government. 

175 

 
400. Prohibition of certain acts in respect of wreck.―No person shall— 

(a)  without  the leave  of the  master  board  or attempt to  board  any  vessel  which  is  wrecked, 
stranded or in distress as aforesaid, unless the person is, or acts by command of, the receiver of 
wreck; or 

(b)  impede  or  hinder  or  attempt  in  any  way  to  impede  or  hinder  the  saving  of  any  vessel 
stranded or in danger of being stranded or otherwise in distress on or near the coasts of India or of 
any part of the cargo or equipment of the vessel, or of any wreck; or 

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

(d)  wrongfully  carry  away  or  remove  any  part  of  a  vessel  stranded  or  in  danger  of  being 
stranded  or  otherwise  in  distress,  on  or  near  the  coasts  of  India,  or  any  part  of  the  cargo  or 
equipment of the vessel or any wreck. 

401.  Search  warrants  where  wreck  is  concealed―Where  a  receiver  of  wreck  suspects  or 
receives information that any wreck is secreted 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 
1[Judicial Magistrate of the first class or Metropolitan Magistrate, as the case may be,] for a search 
warrant, and that  1[Judicial Magistrate of the first class or Metropolitan Magistrate, as the case may 
be,] shall have power to grant such warrant and the receiver of wreck by virtue thereof may enter any 
house or other place wherever situate and also any vessel and search for, seize and detain any such 
wreck there found.  

Salvage 

402. Salvage payable for saving life, cargo or wreck.―(1) Where services are rendered― 

(a) wholly or in part within the territorial waters of India in saving life from any  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 on or near the coasts of India; or 

(c) by any person other than the receiver of wreck in saving any wreck; 

there  shall  be  payable  to  the  salvor  by  the  owner  of  the  vessel,  cargo,  equipment  or  wreck,  a 
reasonable sum for salvage having regard to all the circumstances of the case. 

(2) 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. 

(3) Where salvage services are rendered by or on behalf of the Government or by a vessel of the 
Indian Navy 2[or of the Coast Guard] or the commander or crew of any such vessel, the Government, 
the commander or the crew, as the case may be, shall be entitled to salvage and shall have the same 
rights and remedies in respect of those services as any other salvor. 

2[Explanation.―“Coast Guard” means the Coast Guard constituted under section 3 of the Coast 

Guard Act, 1978 (30 of 1978).] 

(4) Any dispute arising concerning the amount due under this section shall be determined upon 

application made by either of the disputing parties― 

(a) to  a   1[Judicial Magistrate  of  the  first  class  or Metropolitan  Magistrate,  as the  case  may 

be,] where the amount claimed does not exceed ten thousand rupees; or 

(b) to the High Court, where the amount claimed exceeds ten thousand rupees. 

1. Subs. by Act 12 of 1983, s. 17 and the Schedule, for “magistrate” (w.e.f. 18-5-1983). 
2. Ins. by Act 41 of 1984, s. 20 (w.e.f.15-7-1985).  

176 

 
                                                      
(5) Where there is any dispute as to the persons who are entitled to the salvage amount under this 
section,  the 1[the  Judicial  Magistrate  of  the  first  class  or  the  Metropolitan  Magistrate  or  the  High 
Court as the case may be,] shall decide the dispute and if the are more persons than one entitled to 
such  amount, 2[such  magistrate]  or  the  High  Court  shall  apportion  the  amount  thereof  among  such 
persons. 

(6) The costs of and incidental to all proceedings before 3[a Judicial Magistrate of the first class or 
Metropolitan  Magistrate]  or  the  High  Court  under  this  section  shall  be  in  the  discretion  of 2[such 
magistrate]  or  the  High  Court,  and 2[such  magistrate]  or  the  High  Court  shall  have  full  power  to 
determine by whom or out of what property and to what extent such costs are to be paid and to give 
all necessary directions for the purpose aforesaid. 

403. Savings.―Nothing in this Part shall— 

(a) affect any treaty or arrangement with any foreign country to which India is a party with 

reference to the disposal of the proceeds of wrecks on their respective coasts; or 

(b) affect the provisions of section 29 of the Indian Ports Act, 1908 (15 of 1908), or entitle 
any  person  to  salvage  in  respect  of  any  property  recovered  by  creeping  or  sweeping  in 
contravention of that section. 

404. Power to make rules  respecting wreck  and  salvage.―(1) The  Central Government  may 

make rules to carry out the purposes of this Part. 

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

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

(a) the procedure to be followed by a receiver of wreck in respect of the taking possession of 

wrecks and their disposal; 

(b) the fees payable to receivers in respect of the work done by them; 

(c) the procedure to be followed for dealing with claims relating to ownership of wrecks; 

(d) the appointment of valuers in salvage cases; 

(e) the principles to be followed in awarding salvage and the apportioning of salvage; 

(f) the procedure to be followed for dealing with claims for salvage; 

(g) the detention of property in the custody of a receiver of wreck for the purpose of enforcing 

payment of salvage. 

PART XIV 

CONTROL OF INDIAN SHIPS AND SHIPS ENGAGED IN COASTING TRADE 

405.  Application  of  Part.―This  Part  applies  only  to  sea-going  ships  fitted  with  mechanical 
means  of  propulsion  of  not  less  than one hundred  and  fifty  tons  gross,  but the Central  Government 
may, by notification in the Official Gazette, fix any lower tonnage for the purposes of this Part. 

406. Indian ships and  Chartered ships to be licensed.―(1) No Indian ship and no other ship 
chartered by a citizen of India or a company 4[or a co-operative Society] shall be taken to sea from a 
port or place within or outside India except under a licence granted by the Director-General under this 
section: 

Provided that the Central Government, if it is of opinion that it is necessary or expedient in the 
public  interest  so  to  do,  may,  by  notification  in  the  Official  Gazette,  exempt  any  class  of  ships 

1.  Subs.  by  Act  12  of  1983,  s.  17  and  the  Schedule,  for  “the  magistrate  or  the  High  Court,  as  the  case  may  be”                     

(w.e.f. 18-5-1983).  

2. Subs. by s. 17 and the Schedule,  ibid., for “the magistrate” (w.e.f. 18-5-1983).  
3. Subs. by s. 17 and the Schedule,  ibid., for “a magistrate” (w.e.f. 18-5-1983). 
4. Ins. by Act 43 of 1981, s. 7 (w.e.f. 28-9-1981). 

177 

 
                                                      
chartered by a citizen of India or a company  1[or a co-operative Society] from the provisions of this 
sub-section. 

(2) A licence granted under this section may be 

(a) a general licence; 

(b) a licence for the whole or any part of the coasting trade of India; or 

(c) a licence for a specified period or voyage. 

(3) A licence granted under this section shall be in such form and shall be valid for such period as 

may  be  prescribed,  and  shall  be  subject  to  such  conditions  as  may  be  specified  by  the                      
Director-General. 

407.  Licensing  of  ships  for  coasting  trade.―(1)  No  ship  other  than  an  Indian  ship  or  a  ship 
chartered  by  a  citizen  of  India  1[or  a  company  or  a  co-operative  society  which  satisfies  the 
requirements specified in clause (b) or, as the case may be, clause (c) of section 21], shall engage in 
the coasting trade of India except under a licence granted by the Director-General under this section. 

(2)  A  licence  granted  under  this  section  may  be  for  a  specified  period  or  voyage  and  shall  be 

subject to such conditions as may be specified by the Director-General. 

(3)  The  Central  Government  may,  by  general  or  special  order,  direct  that  the  provisions  of              

sub-section  (1)  shall  not  apply  in  respect  of  any  part  of  the  coasting  trade  of  India  or  shall  apply 
subject to such conditions and restrictions as may be specified in the order. 

408. Revocation or modification of licence.―(1) The Director-General may, at any time if the 
circumstances of the case so require, revoke or modify a licence granted under section 406 or section 
407. 

(2) No licence shall be revoked or  modified under this section unless the person concerned has 
been  given  a  reasonable  opportunity  of  making  a  representation  against  such  revocation  or 
modification, as the case may be. 

409. Licences to be surrendered when they cease to be valid.―When a licence under section 
406 or section 407 ceases to be valid, the person to whom it was granted shall, without unreasonable 
delay, return it or cause it to be returned to the Director-General. 

410.  No  port  clearance  until  licence  is  produced.―No  customs  collector  shall  grant  a  port 
clearance to a ship in respect of which a licence is required under this Part until after production by 
the owner, master or agent of such a licence. 

411. Power  to  give  directions.―The  Director-General  may,  if  he  is  satisfied  that in the public 
interest or in the interests of Indian shipping it is necessary so to do, give, by order in writing, such 
directions as he thinks fit— 

(a) in the case of a ship which has been granted a licence under section 406, with respect to all 

or any of the following matters:— 

(i) the ports or places whether in or outside India, to which, and the routes by which, the 

ship shall proceed for any particular purpose; 

(ii) the diversion of any ship from one route to another for any particular purpose; 

(iii) the classes of passengers or cargo which may be carried in the ship; 

(iv) the order of priority in which passengers or cargo may be taken on or put off the ship 

at any port or place, whether in or outside India; 

1.  Subs.  by  Act  43  of  1981,  s.  8,  for  “or  a  company  which  satisfies  the  requirements  specified  in  clause  (b)  of              

section 21” (w.e.f. 28-9-1981). 

178 

 
                                                      
(b) in the case of a ship which has been granted a licence under section 407 with respect to the 
order of priority in which passengers or, cargo may be taken on the ship at any port or place in 
India from which she is about to proceed for any port or place on the continent of India at which 
she is to call in the course of her voyage. 
1[411A.  Powers  of  the  Central  Government  to  protect  interests  of  Indian  shipping  from 

undue foreign intervention.―(1) If it appears to the Central Government― 

(a) that measures have been taken by or under the law of any foreign country for regulating or 
controlling the terms or conditions upon which goods or passengers may be carried by sea, or the 
terms or conditions of contracts or arrangements relating to such carriage; and 

(b)  that  such  measures,  in  so  far  as  they  apply  to  things  done  or  to  be  done  outside  the 
territorial jurisdiction of that country by persons carrying on lawful business in India, constitute 
an infringement of the jurisdiction which belongs to India,  

it may, by an order in writing, direct that this section shall apply to those measures either in whole or 
to such extent as may be specified in the order. 

(2) Where an order issued under sub-section (1) is in force in relation to any measures, it shall be 
the duty of every person in India who carries on business consisting or comprising of the carriage of 
goods  or  passengers  by  sea  to  give  notice  to  the  Central  Government  of  any  requirement  or 
prohibition  imposed  or  threatened  to  be  imposed  on  him  pursuant  to  such  measures  so  far  as  this 
section  applies  to  him,  including  any  requirement  to  submit  any  contractor  other  document  for 
approval thereunder. 

(3)  Where  a  notice  under  sub-section  (2)  is  received  from  any  person  or  there  are  grounds  to 
believe that a notice is likely to be received; the Central Government may, by an order in writing, give 
to  such  person  directions  prohibiting  compliance  with  any  such  requirement  or  prohibition  as  it 
considers proper for maintaining the jurisdiction of India. 

(4) Any directions given by the Central Government under sub-section (3) may be either general 
or  special  and  may  prohibit  compliance  with  any  requirement  or  prohibition  either  absolutely  or  in 
such cases or subject to such conditions, as to consent or otherwise, as may be specified in the order. 

(5) If it appears to the Central Government that any person in India has been or may be required to 
produce or furnish to any court, tribunal or authority of a foreign country any commercial document 
which  is  not  within  the  territorial  jurisdiction  of  that  country  or  any  commercial  information  to  be 
compiled  from  documents  not  within  the  territorial  jurisdiction  of  that  country  and  that  the 
requirement constitutes or would constitute an infringement of the jurisdiction which belongs to India, 
the Central Government may, by an order in writing, give directions to that person, prohibiting him 
from complying with the requirement except to such extent or subject to such conditions as may be 
specified in the order.] 

412.  [Power  to  fix  shipping  rates.]  Omitted  by  the  Merchant  Shipping  (Amendment)  Act,                      
(68 of 1993), s. 6 (w.e.f. 27-10-1993). 

413.  Power  of  Director-General  to  call  for  information.―The  Director-General  may,  by 

notice, require— 

(a)  the  owner,  master  or  agent  of  any  ship  in  respect  of  which  a  licence  granted  by  the 

Director-General under this Act is in force; or 

(b) the  owner,  master  or  agent  of  any  ship in  respect  of  which any  directions  have  been  or 

may be given under clause (b) of section 411; 

to furnish within the period specified in the notice information as to— 

(i)  the  classes  of  passengers  and  cargo  which  the  ship  is  about  to  carry  or  is  capable  of 

carrying or has carried during any specified period; 

1. Ins. by Act 12 of 1983, s. 12 (w.e.f. 18-5-1983). 

179 

 
                                                      
(ii) the rates of passenger fares and freight charges applicable to the ship; 

(iii) any other matter which may be prescribed. 

414.  Power  to  make  rules.  (1)  The  Central  Government  may  make  rules  for  carrying  out  the 

purposes of this Part. 

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

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

(a) the  form  in  which,  the  period  or  voyage  for  which,  and  the  conditions  subject to  which 
licences under this Part may be granted, the particulars to be included therein and the fees payable 
therefor; 
1* 

* 

* 

* 

* 

 (d) the matters regarding which information may be required to be furnished under section 

413. 

PART XV 

SAILING VESSELS 

415.  Application  of  Part.―Save  as  otherwise  provided,  this  Part  applies  to  every  sea-going 
sailing vessel owned by a citizen of India 2[or a company or a co-operative society which satisfies the 
requirements specified in clause (b) or, as the case may be, clause (c) of section 21.] 

416. Decision of question whether a vessel is a sailing vessel.―If any question arises whether a 

vessel  is  a  sailing  vessel  or  not  for  the  purposes  of  this  Part,  it  shall  be  decided  by  the                     
Director-General and his decision thereon shall be final. 

417.  Certificate  of  registry.―(1)  Every  sailing  vessel  3[(other  than  a  sailing  vessel  solely 

engaged in fishing for profit)] shall be registered in accordance with the provisions of this section. 

(2)  The  owner  of  every  sailing  vessel  shall  make  an  application  in  the  prescribed  form  to  a 

registrar for the grant to him of a certificate of registry in respect of the vessel. 

(3) The owner of every sailing vessel in respect of which an application under sub-section (2) is 

made, shall cause the tonnage of the vessel to be ascertained in the prescribed manner. 

(4) The registrar may make such inquiry as he thinks fit with respect to the particulars contained 
in such application and shall enter in a register to be kept for the purpose (hereinafter referred to as 
sailing vessels register) the following particulars in respect of the vessel, namely:― 

(a) the name of the sailing vessel, the place where she was built, and the port to which she 

belongs; 

(b) the right type and tonnage of the vessel; 

(c) the name, occupation and residence of the owner of the vessel; 

(d) the number assigned to the vessel; 

(e) the mortgages, if any, effected by the owner in respect of the vessel; 

(f) such other particulars as may be prescribed. 

(5) After the particulars in respect of the vessel have been entered in the sailing vessels register 
under sub-section (4), the registrar shall grant to the applicant a certificate of registry in the prescribed 
form. 

1 Clauses (b) and (c) omitted by Act 68 of 1993, s. 7 (w.e.f. 27-10-1993). 
2.  Subs.  by  Act  43  of  1981,  s.  9,  for  “or  a  company  which  satisfies  the  requirements  specified  in  clause  (b)  of               

section 21” (w.e.f. 28-9-1981). 

3. Ins. by Act 12 of 1983, s. 13 (w.e.f. 18-5-1983). 

180 

 
 
 
 
 
 
 
 
                                                      
(6) The owner of every sailing vessel shall pay for each certificate of registry a fee according to 
such  scale  as  may  be  prescribed  by  the  Central  Government,  having  regard  to  the  tonnage  of  the 
vessel, but in no case exceeding one rupee per ton of its gross tonnage. 

(7) A sailing vessel requiring to be registered under this Part but not so registered may be detained 

by a proper officer until the owner or tindal produces a certificate of registry in respect of the vessel. 

418. Particulars relating to sailing vessel to be painted.―The owner of every sailing vessel so 
registered shall, before the vessel begins to take any cargo or passengers, paint or cause to be painted 
permanently  in  the  prescribed  manner  on  some  conspicuous  part  of  the  sailing  vessel,  the  name  by 
which the vessel has been registered, the number assigned to the vessel by the registrar and the port to 
which she belongs, and shall take all steps to ensure that the vessel remains painted as required by this 
section. 

419. Change of name of sailing vessel.―A change shall not be made in the name of a sailing 

vessel registered under this Part except in accordance with the rules made in this behalf. 

420.  Prevention  of  overloading  or  overcrowding.―(1)  The  Central  Government  may  make 
rules  regulating  the  carriage  of  cargo  or  passengers  in  sailing  vessel  and  the  protection  of  life  and 
property on board such vessels. 

(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 assignment of free board to sailing vessel; 

(b) the marking of such free board on such vessels and the maintenance of such markings; 

(c) the survey of the space allotted to passengers on board such vessels; 

(d) the scale and type of accommodation to be provided for each passenger. 

(3)  Any  sailing  vessel  attempting  to  ply  or  proceed  to  sea  without  free  board  markings  or  any 
sailing vessel which has been so loaded as to submerge such marking  may be detained by a proper 
officer  until  free  board  markings  are  made  in  accordance  with  the  rules  made  in  this  behalf  or  the 
vessel is so loaded that such markings are not submerged. 

(4)  Nothing  in  this  section  relating  to  free  board,  shall  apply  to any  sailing  vessel in  respect of 

which a load line has been assigned under Part IX. 

421. Certificate of inspection.―(1) No sailing vessel shall ply or proceed to sea unless there is in 
force  in  respect  of  that  vessel  a  certificate  of  inspection  granted  under  this  Part,  the  same  being 
applicable to the voyage on which she is about to ply or proceed. 

(2) A certificate of inspection in respect of a sailing vessel shall specify— 

(a) the name and tonnage of the vessel; 

(b) the names of the owner and tindal of the vessel; 

(c)  the  maximum  number  of  the  crew  and  the  maximum  number  of  passengers  which  the 

vessel is fit to carry; 

(d) the limits within which the vessel may be used for the purpose of trading and the terms 

and conditions subject to which she may be used for such trading; 

(e) the particulars of the free board assigned to the vessel; 

and  shall contain a  statement  to  the  effect  that  her  hull, rigging  and  equipment  (including  auxiliary 
machinery, if any) are in good condition. 

(3) Every certificate of inspection shall be in force from the date of issue for a period of one year 

or for such shorter period as may be specified therein: 

181 

 
Provided  that  where  a  sailing  vessel  is  on  a  voyage  outside  India  at  the  time  of  expiry  of  the 
certificate,  the  certificate  shall  continue  to  be  valid  until  her first  arrival  at  a  port  in  India  after  the 
expiry of such period. 

(4) No customs collector shall grant a port clearance to a sailing vessel registered under this Part 
until after the production by the owner or tindal thereof of a certificate of inspection granted under 
this Part in respect of the vessel. 

422. Cancellation, re-issue, etc. of certificate of inspection.―(1) Where at any time subsequent 
to the issue of a certificate of inspection in respect of a sailing vessel, the Director-General has reason 
to  believe  that  the  vessel  is  not  fit  to  ply  or  proceed  to  sea,  he  may,  after  giving  the  owner  an 
opportunity of making a representation, cancel such certificate. 

(2) Where at any  time  subsequent to the issue  of  a certificate  of inspection  a sailing  vessel  has 
undergone  material  alteration  or  has  met  with  accident  or,  where  the  certificate  of  inspection  of  a 
sailing vessel has been cancelled under sub-section (1) and an application is made for the re-issue of 
such certificate or for the grant of a fresh certificate, the registrar may, before re-issuing the certificate 
or issuing a fresh certificate, as the case may be, cause such vessel to be inspected; and if the authority 
inspecting the vessel reports that she is not fit to ply or proceed to sea or that her hull, rigging and 
equipment (including auxiliary machinery, if any) are defective, such certificate shall not be re-issued 
or issued until the vessel is, in the opinion of such authority, fit to ply or proceed to sea or the defect is 
rectified to the satisfaction of such authority. 

423. Registry of alterations.―When a sailing vessel is so altered as not to correspond with the 
particulars relating to her entered in the certificate of registry, the owner of such vessel shall make a 
report  of  such  alteration  to  the  registrar  of  the  port  where  the  vessel  is  registered,  and  the  registrar 
shall  either  cause  the  alteration  to  be  registered,  or  direct  that  the  vessel  be  registered  anew,  in 
accordance with such rules as may be made in this behalf. 

424. Transfer of registry.―The registry of a sailing vessel may be transferred from one port to 
another in India on the application of the owner or tindal of the vessel in accordance with such rules 
as may be made in this behalf. 

425. Closure of registry.―If a sailing vessel is lost, destroyed or rendered permanently unfit for 
service, the owner of such vessel shall with the least practicable delay report the fact to the registrar of 
the port where the vessel is registered and also forward to him along with the report, the certificate of 
registry  in  respect  of  the  vessel;  and  thereupon  the  registrar  shall  have  the  registry  of  the  vessel 
closed. 

426. Restrictions on transfer of sailing vessel.―No person shall transfer or acquire any sailing 
vessel registered under this Part or any interest therein without the previous approval of the Central 
Government;  and  any  transaction  effected  in  contravention  of  this  section  shall  be  void  and 
unenforceable. 

427.  Mortgages  of  sailing  vessels.―(1)  Every  mortgage  of  a  sailing  vessel  or  of  any  interest 
therein effected after the date on which this Part comes into force shall be registered with the registrar. 

(2) Every mortgage of a sailing vessel or any interest therein effected before the date on which 
this Part comes into force shall, if subsisting on that date, be registered with the registrar within three 
months of that date. 

(3)  The  registrar  shall  enter  every  such  mortgage  in  the  sailing  vessels  register  in  the  order  in 

which it is registered with him. 

(4) If there are more mortgages than one recorded in respect of the same sailing vessel or interest 
therein,  the  mortgages  shall,  notwithstanding  any  express,  implied  or  constructive  notice,  have 
priority  according  to  the  date  on  which  each  mortgage  is  registered  with  the  registrar  and  not 
according to the date of each mortgage itself: 

Provided  that  nothing  contained  in  this  sub-section  shall  affect  the  relative  priorities  as  they 
existed immediately before the date on which this Part comes into force as between mortgages of the 

182 

 
same vessel or interest therein effected before such date which are registered in accordance with the 
provisions of sub-section (2). 

428.  Fraudulent  use  of  certificate  of  registry  or  certificate  of 

inspection,  etc., 
prohibited.―(1) No person shall use or attempt to use the certificate of registry or the certificate of 
inspection granted in respect of a sailing vessel for any purpose other than the lawful navigation of the 
vessel. 

(2)  No  person  shall  use  or  attempt  to  use  for  the  navigation  of  a  sailing  vessel  a  certificate  of 

registry or a certificate of inspection not granted in respect of that vessel. 

(3)  No  person  who  has  in  his  possession  or  under  his  control  the  certificate  of  registry  or  the 
certificate  of  inspection  of  a  sailing  vessel  shall  refuse  or  omit  without  reasonable  cause  to  deliver 
such certificate on demand to the owner of the vessel. 

 429. Statement relating to crew of sailing vessel to be maintained.―(1) Every owner or tindal 
of a sailing vessel shall maintain or cause to be maintained in the prescribed a form a statement of the 
crew of the vessel containing with respect to each member thereof— 

(a) his name; 

(b) the wages payable to him; 

(c) the names and addresses of his next-of-kin; 

(d) the date of commencement of his employment; and 

(e) such other particulars as may be prescribed. 

(2) Every change in the crew of the vessel shall be entered in the statement under sub-section (1). 

(3) A copy of such statement and of every change entered therein shall be communicated as soon 

as possible to the registrar of the port of registry of the vessel concerned. 

430.  Inquiry  into  jettisoning  of  cargo.―(1)  If  any  owner  or  tindal  of  a  sailing  vessel  in  the 
course of her voyage, has jettisoned or claims to have jettisoned the whole or any part of the cargo of 
the vessel on account of abnormal weather conditions or for any other reason, he shall immediately 
after arrival of the vessel at any port in India give notice of such jettisoning to the proper officer at 
such port; and such notice shall contain full particulars of the cargo jettisoned and the circumstances 
under which such jettisoning took place. 

(2) When any such officer receives notice under sub-section (1) or has reason to believe that the 
cargo of any sailing vessel in his port has been jettisoned, he shall forthwith report in writing to the 
Central  Government  the  information  he  has  received  and  may  proceed  to  make  an  inquiry  into  the 
matter. 

 431. Non-Indian sailing vessels not to engage in coasting trade without permission.―(1) A 
sailing vessel not owned by a citizen of India 1[or a company or a co-operative society which satisfies 
the  requirements  specified  in  clause  (b)  or,  as  the  case  may  be,  clause  (c)  of  section  21,]  shall  not 
engage in the coasting trade of India without the written permission of the Director-General. 

(2) The Director-General may, when granting such permission, impose such terms and conditions 
as he thinks fit and may require the owner or other person in charge of the vessel to deposit with him 
such amount as he thinks necessary for the due fulfilment of such terms and conditions. 

(3) No customs collector shall grant a port clearance to a sailing vessel not registered under this 
Part which engages or attempts to engage in the coasting trade of India until after the production by 
the owner or person in charge thereof of the written permission of the Director-General. 

1.  Subs.  by  Act  43  of  1981,  s.  10,  for  “or  a  company  which  satisfies  the  requirements  specified  in  clause  (b)  of             

section 21” (w.e.f. 28-9-1981). 

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432. Detention of overloaded non-Indian sailing vessels.―(1) If any sailing vessel registered in 
any  country  outside  India  arrives  in  or  proceeds  from  a  port  or  place  in  India  in  an  overloaded 
conditions, the person in charge of the vessel shall be guilty of an offence under this section. 

(2)  A  sailing  vessel  shall  be  deemed  to  be  in  an  overloaded  condition  for  the  purposes  of  this 

section— 

(a)  where  the  vessel  is  loaded  beyond  the  limit  specified  in  any  certificate  issued  in  the 

country in which she is registered; or 

(b) in case no such certificate has been issued in respect of the vessel, where the actual free 
board of the vessel is less than the free board which would have been assigned to her had she been 
registered under this Part. 

(3) Any sailing vessel which is in an overloaded condition and is about to proceed from a port or 
place in India may be detained until she ceases to be in an overloaded conditions; but nothing herein 
contained shall affect the liability of the person in charge of the vessel in respect of such overloading 
under any other provision of this Act. 

433. Power of courts to rescind contracts between owner and tindal.―Where a proceeding is 
instituted in any court in respect of any dispute between the owner of a sailing vessel and the tindal 
arising out of or incidental to their relation as such, or is instituted for the purpose of this section, the 
court, if having regard to all the circumstances of the case it thinks it just to do so, may rescind any 
contract between the owner and the tindal upon such terms as the court may think just and this power 
shall  be  in  addition  to  any  other  jurisdiction  which  the  court  can  exercise  independently  of  this 
section. 

434.  Application  to  sailing  vessels  of  other  provisions  relating  to  ships.―The  Central 
Government may, by notification in the Official Gazette, direct that any provisions of this Act other 
than those contained in this Part which do not expressly apply to sailing vessels shall also apply to 
sailing  vessels  subject  to  such  conditions,  exceptions  and  modifications  as  may  be  specified  in  the 
notification. 

1[434A. Insurance of members of crew of a sailing vessel.―(1) Subject to the other provisions 
of this section and the scheme framed under sub-section (3), the owner of every sailing vessel shall 
take and keep in force, in accordance with the provisions of the said scheme, a policy of insurance 
whereby  all  the  members  of  the  crew  of  such  vessel  are  insured  against  death  or  personal  injury 
caused by accident in the course of employment as such members. 

(2)  It  shall  be  the  responsibility  of  the  owner  of  every  sailing  vessel  to  bear  the  expenses 
incidental  to  the  taking  of  the  policy  of  insurance  referred  to  in  sub-section  (1)  and  to  pay  the 
premiums for keeping it in force: 

Provided that the maximum amount which the owner of the sailing vessel shall be liable to pay by 

way of premiums per year shall not exceed― 

(a)  where  the  number  of  members  of  the  crew  is  not  more  than  ten,  one  hundred  and  fifty 

rupees. 

(b) where the number of members of the crew is more than ten, a sum calculated at the rate of 

fifteen rupees for each member of the crew. 

(3)  The  Central  Government  may,  by  notification  in  the  Official  Gazette,  frame  a  scheme 
providing for the insurance of all persons employed as members of the crew of sailing vessels against 
death  or  personal  injury  caused  by  accident  arising  in  the  course  of  their  employment  as  such 
members. 

(4)  Without  prejudice  to  the  generality  of  the  provisions  of  sub-section  (3),  a  scheme  framed 

under that sub-section may provide for― 

1. Ins. by Act 41 of 1984, s. 21 (w.e.f. 15-7-1985). 

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(a) the amount which should be payable in the case of personal injury resulting in the death of 

a member of the crew of a sailing vessel due to accident and in the case of other injuries: 

Provided that different amounts may be provided in respect of different personal injuries not 

resulting in death; 

(b) the procedure for payment of such amounts; and 

(c) all other matters necessary for giving effect to the scheme. 

(5)  Where,  under  the  provisions  of  any  other  law  for  the  time  being  in  force  compensation  is 
payable in respect of death or personal injury sustained by a member of the crew of a sailing vessel as 
a result of an accident in the course of his employment as such member, then if the amount payable in 
respect of such death or personal injury in accordance with the scheme framed under this section― 

(a) is equal to or more than, the compensation payable under such other law, no compensation 

shall be payable under such other law; 

(b)  is  less  than  the  compensation  payable  under  such  other  law,  the  compensation  payable 

under such other law shall be reduced by the said amount. 

(6) Every scheme framed by the Central Government under this section 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  that the scheme  should not  be  made, the  scheme  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 scheme. 

 434B. Policy of insurance.―(1) No sailing vessel shall ply or proceed to sea unless there is in 
force in respect of the members of the crew of the vessel a policy of insurance complying with the 
requirements of section 434-A and the scheme framed thereunder. 

(2) No customs collector shall grant a port clearance to a sailing vessel until after production by 

the owner of such a policy of insurance.] 

435. Power to make rules respecting sailing vessels.―(1) The Central Government may  make 

rules to carry out the purposes of this Part. 

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

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

(a) the form in which applications for certificates of registry shall be made and the particulars 

which such applications should contain; 

(b) the manner in which the tonnage of sailing vessels shall be ascertained; 

(c)  the  manner  in  which  free  board  is  to  be  assigned  to  sailing  vessels  and  the  free  board 

markings are to be made; 

(d) the form in which certificates of registry and certificates of inspection may be issued; 

(e) the issue of duplicate copies of certificates of registry and certificates of inspection where 

the originals are destroyed, lost, mislaid, mutilated or defaced; 

(f) the manner in which, and the time within which, applications for the registry of alterations 
in the certificates of registry of sailing vessels shall be reported, the endorsement of the particulars 
of  alteration  on  the  certificates  of  registry,  the  grant  of  provisional  certificates  in  cases  where 
sailing  vessels  are  directed  to  be  registered  anew,  the  period  for  which  provisional  certificates 
shall be valid and all other matters ancillary to the registry of alterations; 

185 

 
(g) the manner in which applications for the transfer of registry of sailing vessels from one 
port  to  another  in  India  shall  be  made  and  the  procedure  to  be  followed  by  the  registrar  in 
connection with such transfer; 

(h) the authorities by which sailing vessels are to be inspected and certificates of inspection 

are to be issued under this Part; 

(i) the criteria by which sailing vessels may be classified for the purpose of determining the 

limits within which they may be used for purposes of trading; 

(j)  the  fixing  of  the  rates  of  freight  which  may  be  charged  by  sailing  vessels  for  specified 

goods or for any class of goods in relation to the coasting trade of India; 

(k) the equipment which sailing vessels or any class of sailing vessels should carry including 
equipment  relating  to  life  saving  and  fire  appliances,  lights,  shapes  and  signals  required  by  the 
collision regulations; 

(l) the  survey  of  space  provided  for  passengers  of  sailing  vessels  and the  scale and  type  of 

accommodation to be provided for such passengers; 

(m) the authority to which information regarding certificates of registry, registry of alterations 

and issue of fresh certificates of registry under this Part is to be sent by registrars; 

(n)  the  qualifications  to  be  possessed  by  tindals  and  other  members  of  the  crew  of  sailing 
vessels,  the  issue  of  permits  to  tindals  and  of  identity  cards  to  other  members  of  the  crew,  the 
conditions  for  the  issue  of  such  permits  and  identity  cards  and  the  cancellation  or  suspension 
thereof; 

1[(o) the fees which may be levied for the issue or re-issue of certificates of registry, for the 
survey  or  inspection  of  sailing  vessels  before  issue  of  such  certificates,  for  the  inspection  of 
sailing vessels and for all other purposes of this Part and the manner in which such fees may be 
recovered.] 

(p) the form in which a contract of chartering a sailing vessel shall be executed; 

(q) the form in which a contract for the carriage of goods by sailing vessels shall be executed; 

(r)  the  reservation,  in  the  public  interest  or  in  the  interest  of  sailing  vessels,  of  specified 
commodities for transport by sailing vessels either generally or in specified sectors of the coasting 
trade  or  between  specified  ports  and  the  conditions  subject  to  which  such  reservation  may  be 
made; 

(s) any other matter which has to be or may be prescribed. 

2[PART XVA 

FISHING BOATS 

435A. Application of Part.―Save as otherwise provided, this Part applies to every Indian fishing 

boat. 

435B. Definition.―For the purposes of this Part, “Indian fishing boat” means― 

(a) every fishing vessel as defined in clause (12) of section 3; 

(b)  every  sailing  vessel,  whether  or  not  fitted  with  mechanical  means  of  propulsion,  solely 

engaged in fishing for profit; 

(c) every boat or craft of any other type used solely for fishing which the Central Government 
may, by notification in the Official Gazette, specify to be a fishing boat for the purpose of this 
section, 

1. Subs. by Act 12 of 1983, s. 14, for clause (o) (w.e.f.18-5-1983).  
2. Ins. by s. 15, ibid. (w.e.f. 18-5-1983). 

186 

 
                                                      
 
which is owned wholly by persons to each of whom any of the descriptions specified in clause (a) or 
in clause (b) or in clause (c), as the case may be, of section 21 applies or which satisfies such other 
requirements as the Central Government may, by notification in the Official Gazette, specify. 

435C. Obligation to register.―Every Indian fishing boat shall be registered under this Part: 

Provided that any Indian fishing boat registered at the commencement of this Part under Part V or 
Part XV of this Act or any other law for the time being in force in India shall be deemed to have been 
registered under this Part: 

Provided  further  that  every  Indian  fishing  boat  so  deemed  to  have  been  registered  shall  be  re-
registered  under  this  Part  within  such  period  from  the  commencement  of  this  Part  as  the  Central 
Government may, by notification in the Official Gazette, specify: 

Provided also that registration of non-mechanised sailing vessels will commence in different ports 

on such dates as the Central Government may, by notification in the Official Gazette, specify. 

 435D.  Port  of  registry.―(1)  The  ports  at  which  registration  of  Indian  fishing  boats  shall  be 
made  shall  be  such  ports  or  places  in  India  as  the  Central  Government  may,  by  notification  in  the 
Official Gazette, declare to be ports or places of registry under this Part. 

(2) The port or place at which an Indian fishing boat is registered for the time being under this 

Part, shall be deemed to be her port or place of registry and the port or place to which she belongs. 

435E. Registrars of Indian fishing boats.―The Central Government may, by notification in the 
Official  Gazette,  appoint  an  officer  to  be  registrar  of  Indian  fishing  boats  (hereafter  in  this  Part 
referred to as registrar) at every port or place declared as a port or place of registry under sub-section 
(1) of section 435D. 

435F. Application for registry.―An application for the registry of an Indian fishing boat shall 

be made― 

(a) in the case of an individual, by the person requiring to be registered as owner or by his 

agent; 

(b) in the case of more than one individual requiring to be so registered, by one or more of the 

persons so requiring or by his or their agent or agents, as the case may be; and 

(c)  in  the  case  of  a  company  or  a  co-operative  society  requiring  to  be  so  registered,  by  its 

agents;  

and the authority of the agent shall be testified in writing, if appointed by an individual under the hand 
of  the  person  appointing  him  and,  if  appointed  by  a  company  or  a  co-operative  society  under  its 
common seal. 

435G.  Certificate  of  registry.―(1)  The  owner  of  every  Indian  fishing  boat  required  to  be 
registered under this Part shall make an application in the prescribed form to the registrar for the grant 
to him of a certificate of registry in respect of the fishing boat. 

(2)  The  owner  of  every  Indian  fishing  boat  in  respect  of  which  an  application  under                         

sub-section (1) is made, shall cause the tonnage of the fishing boat to be ascertained in the prescribed 
manner. 

(3) The registrar may make such inquiry as he thinks fit with respect to the particulars contained 
in such application and shall enter in a register to be kept for the purpose (hereinafter referred to as 
fishing boats register) the following particulars in respect of the Indian fishing boat, namely:― 

(a)  the  name  of  the  fishing  boat,  the  place  where  she  was  built  and  the  port  to  which  she 

belongs; 

(b) the rig, type and tonnage of the fishing boat; 

(c) the number assigned to the fishing boat; 

(d) the name, occupation and residence of the owner of the fishing boat; 

187 

 
(e) the mortgages, if any, effected by the owner in respect of the fishing boat; and  

(f) such other particulars as may be prescribed. 

(4) After the particulars in respect of the Indian fishing boat have been entered in the fishing boats 
register under sub-section (3), the registrar shall grant to the applicant a certificate of registry in the 
prescribed form. 

(5) The owner of every Indian fishing boat shall pay for each certificate of registry a fee according 
to  such  scale  as  may  be  prescribed  by  the  Central  Government  having  regard  to  the tonnage  of  the 
fishing boat, but in no ease exceeding one rupee per ton of its gross tonnage. 

(6) An Indian fishing boat required to be registered under this Part but not so registered may be 
detained by a proper officer until the owner, skipper, tindal or other person in charge of the fishing 
boat produces a certificate of registry in respect of the fishing boat. 

435H. Particular relating to Indian fishing boats to be painted.―The owner of every Indian 
fishing boat so registered shall, before commissioning the fishing boat into service, paint or cause to 
be  painted  permanently  in the  prescribed  manner  on some  conspicuous  part  of the  fishing  boat,  the 
name by which the fishing  boat has been registered, the number assigned to the fishing boat by the 
registrar and the port or place to which she belongs, and shall take all steps to ensure that the fishing 
boat remains painted as required by this section. 

 435-I. Change of name of Indian fishing boat.―A change shall not be made in the name of an 

Indian fishing boat registered under this Part except in accordance with rules made in this behalf. 

435J.  Special  provision for  Indian fishing  boats.―Every  Indian fishing  boat registered  under 
this Part shall carry on board such life sauing appliances and fire appliances as are prescribed by rules 
made  under  sections  288,  289  and  457  or  under  any  other  provision  of  this  Act,  subject  to  such 
exemptions as may be specially granted in respect of such fishing boat. 

435K. Certificate of inspection.―(1) No Indian fishing boat shall ply or proceed to sea unless 

there is in force in respect of that fishing boat a certificate of inspection granted under this Part. 

(2) A certificate of inspection in respect of an Indian fishing boat shall specify― 

(a) the name and tonnage of the fishing boat; 

(b) the name of skipper, tindal or other person in charge of the fishing boat; 

(c) the maximum number of members of crew the fishing boat is certified to carry; 

(d) the safety equipments and appliances the fishing boat is required to carry on board; 

(e) such other matters as the Central Government may think fit to specify, 

and shall contain a statement to the effect that her hull, rigging, equipment and machinery where fitted 
are in good condition. 

(3) Every certificate or inspection shall be in force from the date of issue for a period of one year 

or for such shorter period as may be specified therein: 

Provided  that  when  an  Indian  fishing  boat  is  at  sea  at  the  time  of  expiry  of  the  certificate,  the 

certificate shall continue to be valid until her first arrival at a port or place in India. 

 435L.  Cancellation,  re-issue,  etc.,  of  certificate  of  inspection.―(1)  Where  at  any  time 
subsequent to the issue of a certificate of inspection in respect of an Indian fishing boat, the registrar 
has reason to believe that the fishing boat is not fit to proceed to sea, he may, after giving the owner 
an opportunity of making a representation, cancel such certificate. 

(2) Where at any time subsequent to the issue of a certificate of inspection an Indian fishing boat 
has undergone material alteration or has met with accident or, where the certificate of inspection has 
been cancelled under sub-section (1) and the application is made for the re-issue of such certificate or 
for the grant of a fresh certificate, the registrar may, before re-issuing the certificate or issuing a fresh 
certificate, as the case may be, cause such fishing boat to be inspected; and if the authority inspecting 
the fishing boat reports that she is not fit to proceed to sea or that her hull, rigging or equipment are 

188 

 
defective,  such  certificate shall  not  be  re-issued  or  issued  until  the  fishing  boat  is  in  the  opinion  of 
such authority, fit to proceed to sea or the defect is rectified to the satisfaction of that authority. 

 435M.  Inspection  of  safety  equipments  and  appliances.―(1)  Any  surveyor  appointed  under 
section  9, any  registrar  appointed  under  section 435E  or  any  other  officer  appointed  by  the  Central 
Government in this behalf by notification in the Official Gazette may at any reasonable time inspect 
any Indian fishing boat for the purpose of seeing the she is properly provided with safety equipments 
and appliances in conformity with the rules referred to in section 435J. 

(2)  If  the  surveyor,  or,  as  the  case  may  be,  the  registrar  or  other  officer  appointed  under                   

sub-section  (1) finds  that  the  Indian fishing  boat  is  not  provided  with the  aforesaid  equipments  and 
appliances, he shall give to the owner, skipper or tindal or any other person in charge of the fishing 
boat a notice in writing pointing out the deficiency and also what in his opinion is requisite to remedy 
the said deficiency. 

(3) No Indian fishing boat served with a notice under sub-section (2) shall proceed to sea until it 
obtains a certificate signed by the surveyor, registrar or other officer appointed under sub-section (1) 
to the effect that it is properly provided with safety equipments and appliances in conformity with the 
aforesaid rules. 

435N.  Registration  of  alteration.―When  an  Indian  fishing  boat  is  so  altered  us  not  to 
correspond with the particulars relating to her entered in the certificate of registry, the owner of such 
fishing  boat  shall  make  a  report  of  such  alterations  to  the  registrar  of  the  port  or  place  where  the 
fishing boat is registered, and the registrar shall either cause the alterations to be registered, or direct 
that the fishing boat may be registered anew, in accordance with such rules as may be made in this 
behalf. 

435-O. Transfer of registry.―The registry of an Indian fishing boat may be transferred from one 
port or place to another port or place in India on the application of the owner of the fishing boat, in 
accordance with such rules as may be made in his behalf. 

435P. Closure of registry.―If an Indian fishing boat is lost, destroyed or rendered permanently 
unfit for service, the owner of such fishing boat shall, with the least possible delay, report the fact to 
the registrar of the port or place where the fishing boat is registered and also forward to him certificate 
of  registry  in  respect  of  the  fishing  boat;  and  thereupon  the  registrar  shall  have  the  registry  of  the 
fishing boat closed. 

435Q. Restriction on Transport of Indian fishing boats.―No person shall transfer or acquire 
any Indian fishing boat registered under this Part or any interest therein without the previous approval 
of the Central Government; and any transaction effected in contravention of this section shall be void 
and unenforceable. 

435R. Mortgage of Indian fishing boats.―(1) Every mortgage of an Indian fishing boat or any 
interest therein effected after the date on which this Part comes into force shall be registered with the 
registrar. 

(2) Every mortgage of an Indian fishing boat or any interest therein effected before the date on 
which this Part comes into force shall, if subsisting on that date, be registered with the registrar within 
three months from that date. 

(3) The registrar shall enter every such mortgage in the fishing boats register in the order in which 

it is registered with him. 

(4) If there arc more mortgages than one recorded in respect of the same Indian fishing boat or 
interest therein, the mortgages shall, notwithstanding any express, implied or constructive notice, have 
priority  according  to  the  date  on  which  each  mortgage  is  registered  with  the  registrar  and  not 
according to the date of each mortgage itself: 

Provided  that  nothing  contained  in  this  sub-section  shall  affect  the  relative  priorities  as  they 
existed immediately before the date on which this Part comes into force as between mortgages of the 

189 

 
same fishing boat or interest therein effected before such date which are registered in accordance with 
the provisions of sub-section (2). 

435S.  Fraudulent  use  of  certificate  of  registry  or  certificate  of 

inspection,  etc., 
prohibited.―(1) No person shall use or attempt to use the certificate of registry or the certificate of 
inspection granted in respect of an Indian fishing boat for any purpose other than the lawful operation 
of that fishing boat. 

(2) No person shall use or attempt to use for the operation of an Indian fishing boat, a certificate 

of registry or a certificate of inspection not granted in respect of that fishing boat. 

(3)  No  person  who  has  in  his  possession  or  under  his  control  the  certificate  of  registry  or  the 
certificate  of  inspection  of  an  Indian  fishing  boat  shall  refuse  or  omit  without  reasonable  cause  to 
deliver such certificate on demand to the owner of the fishing boat. 

435T. Statement relating to crew of Indian fishing boat to be maintained.―(1) Every owner, 
skipper, tindal or other person in charge of a mechanised Indian fishing boat of 25 registered tons and 
above shall maintain or cause to be maintained in the prescribed form a statement of the crew of the 
fishing boat containing the following particulars with respect to each member thereof, namely:― 

(a) his name 

(b) the wages payable to him; 

(c) the names and addresses of his next-of-kin; 

(d) the date of commencement of his employment; and 

(e) such other particulars as may be prescribed: 

Provided that the Central Government may, if it is of opinion that it is necessary or expedient so 
to  do,  and  for  reasons  to  be  recorded  in  writing,  exempt,  by  general  or  special  order,  any  Indian 
fishing boat or class of Indian fishing boats from the provisions of this sub-section. 

(2)  Every  change  in the crew  of the  Indian fishing  boat 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 registrar of the port or place of registry of the Indian fishing boat concerned. 

435U.  Power  to  make  rules  respecting  Indian  fishing  boats.―(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 form in which applications for certificates of registry shall be made and the particulars 

which such applications should contain; 

(b) the manner in which tonnage of an Indian fishing boat shall be ascertained; 

(c) the form in which fishing boats register shall be maintained; 

(d) the forms in which certificates of registry and certificates of inspection may be issued; 

(e)  the  fees  which  may  be  levied  for  the  issue  or  re-issue  of  certificates  of  registry  or 

certificates of inspection and for all other purposes of this Part; 

(f) the manner in which the name, number assigned to the Indian fishing boat and name of the 

port or place to which she belongs shall be painted; 

(g) the manner in which any change may be made in the name of an Indian fishing boat; 

(h)  any  exemption  from  the  requirements  relating  to  carriage  of  safety  equipment  and 
appliances by an Indian fishing boat that may be specially granted under section 435J in respect of 
such fishing boat; 

190 

 
(i) the manner in which alterations in Indian fishing boats shall be reported and applications 
for the registry  of  such  alterations  in  the  certificates of  registry  of  Indian fishing  boats  shall  be 
made, the endorsement of the particulars of alterations on the certificates of registry, the grant of 
provisional  certificates  in  cases  where  Indian  fishing  boats  are  directed  to  be  registered  anew, 
cases  in  which  Indian  fishing  boats  shall  be  registered  anew,  the  period  for  which  provisional 
certificates shall be valid and all other matters ancillary to the registry of alterations; 

(j) the manner in which registry of an Indian fishing boat may be transferred from one port or 

place in India to another port or place in India; 

(k)  the  form  in  which  statement  of  members  of  crew  of  an  Indian  fishing  boat  may  be 

maintained; 

(l) any other matter which has to be or may be prescribed. 

435V. Application to Indian fishing boats of other provisions relating to ships.―The Central 
Government may, by notification in the Official Gazette, direct that any provisions of this Act other 
than those contained in this Part which do not expressly apply to Indian fishing boats shall also apply 
to Indian fishing boats subject to such conditions, exceptions and modifications as may be specified in 
the notification. 

435W. Fishery data to be furnished by Indian fishing boats.―The Central Government may, 
by  notification  in  the  Official  Gazette,  require  every  Indian  fishing  boat  or  any  specified  class  of 
Indian fishing boats to furnish such fishery data to the registrar in such form and at such periodical 
intervals as may be specified in that notification. 

 435X.  Power  to  exempt.―Notwithstanding  anything  contained  in  this  Part,  the  Central 
Government may, by order in writing and upon such conditions as it may think fit to impose, exempt 
any Indian fishing boat or class of Indian fishing boats or skipper, tindal or member or crew of such 
fishing boat or class of fishing boats from any specified requirement contained in or prescribed by any 
rules  made  in  pursuance  of  any  provision  of  this  Part  or  from  any  other  requirement  of  this  Act 
extended to Indian fishing boats or to personnel employed on  Indian fishing boats by a notification 
issued under section 435 V, if it is satisfied that the requirement is substantially complied with or the 
compliance with the requirement may be impracticable or unreasonable in the circumstances attending 
the case.] 

PART XVI  

PENALTIES AND PROCEDURE 

Penalties 

436.  Penalties.―(1)Any  person  who  contravenes  any  provision  of  this  Act  or  fails  to  comply 
with any provision thereof which it was his duty to comply with, shall be guilty of an offence and if in 
respect of any such offence no penalty is specially provided in sub-section (2), he shall be punishable 
with fine which may extend to two hundred rupees. 

 (2) The offences mentioned in the second column of the following table shall be punishable to 

the extent mentioned in the fourth column of the same with reference to such offences respectively. 

Serial No. 

Offences 

           1 

2 

1. 

2. 

If the owner or master of an Indian ship fails to comply with or 
contravenes sub-section (2) of section 28. 

If  a  person  willfully  makes  a  false  statement  in  the  builder's 
certificate referred to in section 30. 

191 

Section of 
this Act to 
which 
offence has 
reference 

3 

28(2) 

30 

Penalties 

4 

Fine which may extend to 
one thousand rupees. 

Fine which may extend to 
one thousand rupees. 

 
 
 
 
           1 

2 

3. 

If a person contravenes sub-section (2) of section 35. 

4. 

5. 

6. 

7. 

8. 

If the owner or master of an Indian ship commits an offence 
under sub-section (4) of section 35. 

If  a  master,  without  reasonable  cause,  fails  to  comply  with 
sub-section (4) of section 36. 

If a person makes illegal use of a certificate of registry stated 
to have been mislaid, lost or destroyed or if a person entitled to 
the certificate of registry obtains it at any time afterwards but 
fails to deliver the said certificate to the registrar as required 
by sub-section (5) of section 36. 

If a master fails to deliver to the registrar the certificate of 
registry as required by sub-section (2) or sub-section (3) of 
section 38 

If an owner fails to comply with sub-section (1) of section 39 
or  if  a  master  fails  to  comply  with  sub-section  (2)  of  that 
section. 

9. 

If any person contravenes sub-section (1) of section 42. 

10. 

If any person acts or suffers any person under his control to act 
in  contravention  of  section  55  or  omits  to  do  or  suffers  any 
person under his control to omit to do anything required under 
that section. 

3 

35(2) 

35(4) 

36(4) 

36(5) 

38 (2), 

38 (3) 

39 (1), 

39 (2) 

42(1) 

55 

11. 

If an owner fails to make an application for registering anew a 
ship or for registering an alteration of a ship under section 56. 

56 

12. 

If any distinctive national colours except those declared under 
sub-section (1) of section 63 are hoisted on board  any Indian 
ship. 

63(1) 

64 

65 

66 

General 

13. 

If a person contravenes section 64. 

14. 

If an owner or master contravenes section 65. 

15. 

16. 

If default is made in complying with section 66. 

If  any  person  in  the  case  of  any  declaration  made  in  the 
presence of or produced to a registrar under Part V or in any 
document or other evidence produced to such registrar― 
(a)  willfully  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  ship  or  any 
share in a ship; or 

(b)  utters,  produces  or  makes  use  of  any  declaration  or 
document containing any such false statement knowing the 
same to be false. 

192 

4 

Fine which may extend to 
one thousand rupees. 

Fine which may extend to 
one thousand rupees. 

Fine  which  may  extend  to 
five hundred rupees. 

Fine which may extend to 
one thousand rupees. 

Fine which may extend to 
one thousand rupees. 

Fine which may extend to 
one thousand rupees. 

Fine  which  may  extend  to 
one thousand rupees. 

thousand 

Fine  which  may  extend  to 
one 
rupees;  but 
nothing herein shall affect the 
power 
the  ship 
under  sub-section (4) of that 
section. 

to  detain 

Fine  which  may  extend  to 
one  thousand  rupees;  and  in 
addition,  a  fine  which  may 
extend  to  fifty  rupees  for 
every  day  during  which  the 
offence 
after 
conviction. 

continues 

The master, owner and every 
other  person  hoisting 
the 
colours shall be liable to fine 
which  may  extend  to  five 
thousand rupees. 

Imprisonment which may 
extend to two years, or fine 
which may extend to five 
thousand rupees, or both. 
Imprisonment  which  may 
extend  to  two  years,  or  fine 
which  may  extend  to  five 
thousand rupees, or both. 
The  master  shall  be  liable  to 
fine which may extend to one 
thousand rupees. 
Imprisonment  which  may 
extend  to  six  months,  or  fine 
which  may  extend  to  one 
thousand rupees, or both. 

 
 
 
  
           1 

2 

1[17  

If― 
(a) any person causes a ship or fishing vessel to proceed to sea 

without the required certificated personnel. 

3 

General 

(b)  any  person  having  been  engaged  as  one  of  the  officers 
referred to in section 76 goes to sea a such officer without 
being duly certificated. 

76 

(c) any master fails to submit the required crew list or fails to 
report the changes made in the list before commencing the 
relevant voyage. 

84(1)(c) 

18. 

19. 

20. 

If  a  master  or  owner  fails  to  comply  with  any  of  the 
requirements of section 93. 

If a master fails without reasonable cause to comply with any 
of the requirements of section 94. 

If  any  person  acts  in  contravention  of  sub-section  (2)  of 
section 95 or section 96 or section 97. 

93 

94 

95(2), 

96, 97 

21. 

If  a  person  engages  or  carries  any  seaman  to  sea  in 
contravention of sub-section (2) of section 98 or section 99. 

98 (2), 99 

22. 

If a master carries any seaman to sea without entering into an 
agreement with him in accordance with this Act. 

100 

4 

Imprisonment  which  may 
extend  to  six  months  or  fine 
which  may  extend  to  ten 
thousand rupees, or both. 

Imprisonment  which  may 
extend  to  six  months  or  fine 
which  may  extend  to  five 
thousand rupees, or both. 

Fine  which  may  extend  to 
five  thousand  rupees  and  in 
addition,  a  fine  which  may 
extend 
thousand 
to  one 
rupees  for  everyday  during 
which  the  offence  continues 
after conviction.] 

Fine  which  may  extend  to 
two hundred rupees. 

Fine  which  may  extend  to 
one hundred rupees. 

Fine  which  may  extend  to 
one hundred rupees for every 
seaman  in  respect  of  whom 
the offence is committed. 

Fine  which  may  extend  to 
one hundred rupees for every 
seaman  in  respect  of  whom 
the offence is committed. 

Fine  which  may  extend  to 
one hundred rupees for every 
seaman  in  respect  of  whom 
the offence is committed. 

23. 

24. 

If  a  master  enters  into  an  agreement  with  any  seaman  for  a 
scale of provisions less than the scale fixed under clause (g) of 
sub-section (2) of section 101. 

101(2)(g) 

Fine  which  may  extend  to 
two hundred rupees. 

If a master fails without reasonable cause, to comply with any 
of  the  requirements  of  section  105,  sub-section  (4) of  section 
106 or section 107. 

105, 
106(4),107 

Fine  which  may  extend  to 
fifty rupees. 

25. 

If any person― 

(a)  is  carried  to  sea  to  work  in  contravention  of  section  109  

2*** or section 111; or 

(b)  is  engaged  to  work  in  any  capacity  in  a  ship  in 
contravention of section 109 2*** or section 111 on a false 
representation  by  his  parent  or  guardian  that  the  young 
person  is  of  an  age  at  which  such  engagement  is  not  in 
contravention of those sections. 

If  a  master  refuses  or  neglects  to  produce  for  inspection  any 
certificate  of  physical  fitness  delivered  to  him  under  section 
111 when required to do so by a shipping Master. 

26. 

2*** 

109,  
111 

The  master  shall  be  liable  to 
a  fine  which  may  extend  to 
fifty rupees; 

The  parent  or  guardian  shall 
be liable to a fine which may 
extend to fifty rupees. 

General 

Fine  which  may  extend  to 
fifty rupees. 

1. Subs. by Act 13 of 1987, s. 9 (w.e.f. 1-7-1989). 
2. The figures “110” omitted by Act 32 of 2014, s. 17 (w.e.f. 1-4-2015). 

193 

 
 
 
 
  
  
  
 
 
                                                      
           1 

27. 

2 

If  the  master  of  a  ship,  where  there  is  no  agreement  with  the 
crew, fails to keep the register of young  persons required to be 
kept under section 112 or refuses or neglects to produce such 
register  for  inspection  when  required  so  to  do  by  a  shipping 
master. 

3 

General 

4 

Fine  which  may  extend  two 
hundred rupees. 

28. 

If  the  master  of  a  ship  other  than  an  Indian  ship  engages  a 
seaman  in  India  otherwise  than  in  accordance  with  section 
114. 

114 

29. 

If  any  owner,  master  or  agent  willfully  disobeys  any  order 
under section 115. 

115 

30. 

31. 

32. 

33. 

If a master fails to comply with section 116. 

If any person obstructs any officer referred to in section 117 in 
the exercise of his powers under that section. 
If a master or owner acts in contravention of sub-section (1) or 
sub-section (2) of section 118. 
If a  master  fails to comply  with the provisions of sub-section 
(1) of section 119 or, without reasonable cause, fails to return 
the  certificate  of  competency  to  the  officer  concerned  as 
required by sub-section (2) of that section. 

34. 

If a master fails to comply with section 120 

35. 

If any person― 

(a) forges or fraudulently alters any certificate of discharge or 
a  certificate  as  to  the  work  of  a  seaman  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  seaman  or  a  continuous 
discharge  certificate  or  a  copy  of  any  such  certificate 
which is forged or altered or does not belong to him. 

116 

General 

118(1), 
118(2) 
119(1), 
119(2). 

120 

General 

Fine  which  may  extend  to 
one hundred rupees for every 
seaman so engaged. 

Imprisonment  which  may 
extend  to  three  months,  or 
fine which may extend to one 
thousand rupees, or both. 
Fine  which  may  extend  to 
one hundred rupees. 
Fine which may extend to one 
hundred rupees. 
Fine  which  may  extend  to 
one hundred rupees. 
Fine which may extend to two 
hundred rupees. 

Fine which may extend to one 
hundred rupees. 

Imprisonment  which  may 
extend  to  six  months,  or  fine 
which  may  extend  to  five 
hundred rupees, or both. 

36. 

If any person acts in contravention of sub-section (1) of section 
121. 

121(1) 

Fine which may extend to one 
thousand rupees. 

37. 

If a master― 

38. 

39. 

40. 

41. 

42. 

(a) fails without reasonable cause to comply with sub-section 

(1) or sub-section (3) of section 122; or 

122(1), 
122(3). 

Fine which may extend to two 
hundred rupees. 

(b) delivers a false statement for the purpose of sub-section (2) 

 122 (2) 

of section 122. 

If  a  master  fails,  without  reasonable  cause,  to  comply  with 
section 125. 

125 

Fine  which  may  extend  to 
fifty rupees. 

If a master or owner pays the wages of a seaman in a manner 
contrary to sub-section (1) of section 128. 

128(1) 

If a master fails to comply with section 131 

If  any person fails,  without reasonable cause, to comply  with 
any requisition under section 133. 
If a seaman contravenes sub-section (3) of section 135. 

131 

133 

135(3) 

194 

Fine which may extend to one 
hundred rupees. 
Fine which may extend to one 
hundred rupees. 
Fine  which  may  extend  to 
fifty rupees. 
Imprisonment  which  may 
extend  to  one  month,  or  fine 
which  may  extend 
to  one 
hundred  rupees,  or  both,  but 
nothing herein shall take away 
or  limit  any  other  remedy 
which  any  person  would 
otherwise  have  for  breach  of 
contract  or  refund  of 
the 
money advanced or otherwise. 

 
 
 
           1 

1[42A. 

If  the  master  or  owner  contravenes  the  provisions  of  section 
138A 

138A 

2 

3 

4 

Fine  which  may  extend  to 
double  the  average  wages  per 
hour  payable  to  the  seaman 
for  working  beyond  forty-
eight hours.] 

Imprisonment  which  may 
extend  to  one  month,  or  fine 
to  one 
which  may  extend 
thousand rupees, or both. 

Imprisonment  which  may 
extend  to  six  months,  or  fine 
which  may  extend 
to  one 
thousand rupees, or both. 

is 

such 

Fine  which  may  extend  to 
three  times  the  value  of  the 
property  not  accounted  for  or 
not 
value 
if 
ascertained,  to  five  hundred 
rupees,  but  nothing  herein 
shall  affect  his  liability  under 
sub-section  (1)  of  section  154 
to account for the property not 
accounted for. 
Fine which may extend to one 
thousand  rupees  in  respect  of 
each such seaman. 

Fine which may extend to two 
hundred  rupees,  but  nothing 
herein  shall  affect  the  power 
to  detain 
sub-section (2) of section 168; 

the  ship  under             

under             

Fine which may extend to two 
hundred rupees. 
Fine which may extend to five 
hundred  rupees,  but  nothing 
herein  shall  affect  the  claim 
for 
compensation 
sub-section (1) of section 169. 
Fine which may extend to one 
hundred rupees. 
The  owner  shall  be  liable  to 
fine which may extend to two 
hundred  rupees  unless  he  can 
prove that the non-compliance 
was  not 
caused  by  his 
inattention,  neglect  or  wilful 
default; 
The  owner  or  master  shall  be 
to  fine  which  may 
liable 
extend  to  two  hundred  rupees 
unless  he  can  prove  that  the 
obstruction 
caused 
without  his  knowledge  or  
connivance. 

was 

43. 

If  any  person  commits  a  breach  of  any  term  of  any  award 
which is binding on him under sub-section (5) of section 150 

General 

44. 

If a seaman or an owner contravenes section 151. 

151 

45. 

If a master fails to comply with the provisions of this Act with 
respect to taking charge of the property of a deceased seaman 
or apprentice or to making in the official log book the proper 
entries  relating  thereto  or  to  the  payment  or  delivery  of  such 
property as required by sub-section (1) of section 154. 

154(1) 

46. 

47. 

If  the  master  of  an  Indian  ship  fails  or  refuses  without 
reasonable  cause  to  receive  on  board,  his  ship  or  to  give  a 
passage  or  subsistence  to,  or  to  provide  for,  any  seaman 
contrary to sub-section (1) of section 163. 
(a)  If  a  master  fails  to  comply  with,  or  contravenes  any 

provision of sub-section (3) of section 168; 

(b)  if  a  master  or  any  other  person  having  charge  of  any 
provisions  or  water  on  board  a  ship  liable  to  inspection 
under  section  168  refuses  or  fails  to  give  the  person 
making the inspection reasonable facility for the purpose. 
If  a  master  fails  to  furnish  provisions  to  a  seaman  in 
accordance  with  the  agreement  entered  into  by  him  and  the 
court considers the failure to be due to the neglect or default of 
the  master,  or  if  a  master  furnishes  to  a  seaman  provisions 
which are bad in quality or unfit for use. 
If  a  master  fails  without  reasonable  cause  to  comply  with 
section 171. 
(a) If any requirement of section 172 is not complied with in 

the case of any ship; or 

48. 

49. 

50. 

163(1) 

168 (3) 

168 (6) 

General 

171 

172 

(b)  if  obstruction  is  caused  to  the  port  health  officer  in  the 

discharge of his duty. 

1. Ins. by Act 9 of 1998, s. 6 (w.e.f. 26-9-1997). 

195 

 
 
 
  
 
 
 
 
 
 
                                                      
           1 

51. 

52. 

53. 

2 

If  any  foreign-going  ship  referred  to  in  sub-section  (1)  of 
section  173  does  not  carry  on  board  a  duly  qualified  medical 
officer. 

3 

173(1) 

4 

The  owner  shall  be  liable  for 
each voyage of the ship made 
without  having  on  board  a 
duty qualified medical officer, 
a  fine  which  may  extend  to 
two hundred rupees. 

If  a  muster  fails,  without  reasonable  cause,  to  comply  with 
section 184. 

184 

Fine which may extend to one 
hundred rupees. 

If  any  person  fails  to  comply  with  sub-section  (1)  of  section 
187. 

187(1) 

Fine which may extend to one 
hundred rupees. 

54. 

If any person contravenes section 188. 

188 

55. 

If any person goes on board a ship contrary to section 189. 

189 

56. 

If a master, seaman or apprentice contravenes section 190. 

190 

57. 

If a seaman or apprentice ― 

191(1) (a) 

(a) deserts his ship; 

(b) contravenes clause (b) of sub-section (l) of section 191. 

191 (1) (b) 

Fine  which  may  extend  to 
fifty rupees. 

Fine which may extend to two 
hundred rupees. 

Imprisonment  which  may 
extend  to  two  years  or  fine 
which  may  extend 
to  one 
thousand rupees, or both. 

He shall be liable to forfeit all 
or any part of the property he 
leaves  on  board  and  of  the 
wages he has then earned and 
also  if  the  desertion  takes 
place at any place not in India, 
to forfeit all or any part of the 
wages  which  he  may  earn  in 
any  other  ship  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 ship 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, and also to 
imprisonment  which  may 
extend to three months; 

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 
properly 
incurred  in  hiring  a  substitute 
and  also 
imprisonment 
which  may  extend  to  two 
months 

expenses 

to 

58. 

If any person contravenes sub-section (3) of section 193. 

193 (3) 

Fine which may extend to two 
hundred rupees. 

196 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
           1 

2 

3 

4 

59. 

194 
If  a  seaman  or  apprentice  is  guilty  of  the  offence  specified            
in― 

(i) clause (a) of section 194; 

(ii) clause (b) of section 194; 

(iii) clause (c) of section 194; 

(iv) clauses (d) and (e) of section 194; 

(v) clause (f) of section 194. 

Forfeiture out of his wages of 
a  sum  not  exceeding  one 
month‟s pay. 

forfeiture  out  of  his  wages  of 
a  sum  not  exceeding 
two 
days‟ pay; 

of 
or 

imprisonment  which  may 
extend  to  one  month  and  also 
for every twenty-four hours of 
continuance 
neglect, 
disobedience 
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; 

such           

imprisonment  which  may 
extend to three months, or fine 
which  may  extend  to  five 
hundred rupees, or both; 

forfeiture  out  of  his  wages  of 
loss 
a  sum  equal 
sustained 
also 
imprisonment  which  may 
extend to three months. 

to 
and 

the 

60. 

If any master fails to comply with section 197. 

197 

Imprisonment  which  may 
extend  to  one  month,  or  fine 
to  one 
which  may  extend 
hundred rupees, or both. 

General  Fine  which  may  extend  to 

fifty rupees. 

61. 

62. 

63. 

64. 

65. 

If  a  seaman  on  or  before  being  engaged  wilfully  and 
fraudulently  makes  a  false  statement  of  the  name  of  his  last 
ship or alleged last ship or wilfully  and fraudulently  makes a 
false statement of his own name 
If  a  master  or  owner  neglects  or  refuses  to  pay  over  the  fine 
under sub-section (1) of section 202. 

If any person contravenes section 203. 

If any person contravenes section 204. 

202 

203 

204 

If any person goes to sea in a ship contrary to sub-section (1) 
of section 205. 

205 (1) 

66. 

(a) If any person willfully disobeys the prohibition obtained in 
clause (a) of section 206; 

206 (a) 

(b)If  any  master  or  owner  refuses  or  neglects  to  deposit  any 
wages,  money,  or  other  property  or  sum  in  the  manner 
required by clause (b)  of section 206. 
If a master fails to deliver or transmit the documents referred 
to in sub-section (1) of section 208 or section 209 as provided 
therein. 

67. 

197 

206 (b) 

Fine which may  extend to six 
times  the  amount  of  the  fine 
retained by him. 
Fine which may extend to one 
hundred rupees. 
Fine which may extend to one 
hundred rupees. 
Imprisonment  which  may 
extend  to  one  month,  or  fine 
which  may  extend  to  two 
hundred rupees, or both. 
Imprisonment  which  may 
extend to three months, or fine 
which  may  extend 
to  one 
thousand rupees; or both; 
Fine which may extend to five 
hundred rupees. 

208 (1), 209 

Fine Which may extent to five 
hundred rupees. 

 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
  
  
           1 

2 

3 

4 

68. 

If a master contravenes sub-section (1) of section 210. 

210(1) 

Imprisonment  which  may 
extend to three months, or fine 
which  may  extend 
to  one 
thousand rupees, or both. 

69. 

If  any  person  harbours  or  secretes  any  deserter  knowing  or 
having reason to believe that he has deserted 

General 

Fine which may extend to two 
hundred-rupees. 

70. 

If a master fails to comply with sub-section (2) of section 214. 

214(2) 

71. 

(a) If sub-section (1) of section 215 is not complied with; 

215(1)  

(b) If any person contravenes sub-section (2) of section 215. 

215(2) 

Fine which may extend to one 
hundred rupees. 

The  master  shall  be  liable  to 
fine,  which  may  extend  to 
fifty 
if  no  other 
penalty  is  provided  in  this 
Act; 

rupees, 

Fine  which  may  extend  to 
three hundred rupees. 

General 

Imprisonment  which  may 
extend to one year. 

If  any  person  willfully  destroys  or  mutilates  or  renders 
illegible any entry in any official log book or wilfully makes or 
procures to be made or assists in making a false or fraudulent 
entry in or omission from an official log book. 

If  a  master  fails,  without  reasonable  cause,  to  comply  with 
section 216. 

If a master or owner fails, without reasonable cause, to comply 
with section 217. 
If an owner, agent or master without reasonable cause neglects 
to give the notice required by sub-section (1) of section 229. 
If  an  owner  or  master,  without  reasonable  cause,  fails  to 
deliver a certificate under section 230. 
If  a  certificate  or  survey  is  not  affixed  or  kept  affixed  as 
required by section 231. 

216 

217 

229(1) 

230 

231 

to  carry  passengers 

If  a  ship  carries  or  attempts 
in 
contravention of sub-section (1) of section 220 or has on board 
a number of passengers in contravention of sub-section (1) of 
section 231. 
(a) If a person is guilty of any offence specified in sub-section 
(1) of section 233; 

220(1), 
232(1) 

233(1) 

(b) If a person contravenes sub-section (2) of section 233. 

233(2) 

If  1[a  special  trade  passenger]  or  pilgrim.  ship  departs  or 
proceeds  on  a  voyage  from  or  discharges 2[special  trade 
passengers]  or  pilgrims  at  any  port  or  place  within  India  in 
contravention of sub-section (1) of section 237, or if a person 
is received as 1[a special trade passenger] or pilgrim on board 
any  such  ship  in  contravention  of  sub-section  (2)  of  that 
section.] 

237(1),  
237(2) 

72. 

73. 

74 

75. 

76. 

77. 

78. 

79. 

80. 

81. 

Fine which may extend to two 
hundred rupees. 

Fine which may extend to one 
hundred rupees. 
Fine which may extend to five 
hundred rupees. 
Fine which may extend to one 
hundred rupees 
The  owner  or  master  shall  be 
liable 
to  fine  which  may 
extend to two hundred rupees. 
The  owner,  agent  or  master 
shall  be  liable  to  fine  which 
may  extend  to  one  thousand 
rupees. 
The person concerned shall be 
liable 
to  fine  which  may 
extend to fifty rupees; but this 
liability shall not prejudice the 
recovery  of  the  fare,  if  any, 
payable by him; 

Fine  which  may  extend  to 
three hundred rupees. . 
The  master-owner  or  agent 
shall  be  liable  to  fine  which 
may  extend  to  one  thousand 
rupees. 

If the master, owner or agent of  3[a special trade passenger] or 
pilgrim ship fails to give the notice required by sub-section (1) 
of section 238 

238(1) 

Fine which may extend to two 
hundred rupees. 

1. Subs. by Act 69 of 1976, s. 2, for “an unberthed passenger ship” (w.e.f. 1-12-1976). 
2. Subs. by s. 2, ibid., for “unberthed passengers” (w.e.f. 1-12-1976). 
3. Subs. by s. 2, ibid., for “an unberthed passenger” (w.e.f. 1-12-1976). 

198 

 
 
 
 
 
  
  
  
 
 
 
  
 
 
 
 
                                                      
           1 

2 

3 

4 

82. 

If  a  person  impedes  or  refuses  to  allow  any  239  entry  or 
inspection authorised by sub-section 239. 

239 

Fine which may extend to five 
hundred rupees. 

83. 

If a master or owner fails to comply with section 246. 

246 

Fine which may extend to two 
hundred rupees. 

84. 

If the master, owner or agent of 1[a special trade passenger] or 
pilgrim  ship,  after  having  obtained  any  of  the  certificates 
mentioned in Part VIII, fraudulently does or suffers to be done 
anything  whereby  the  certificate  becomes  inapplicable  to  the 
altered  state  of  the  ship,  or   2[special  trade  passengers]  or 
pilgrims or other matters to which the certificate relates. 

General 

85. 

If the master of 1[a special trade passenger] or pilgrim ship or 
any  contractor  employed  by  him  for  the  purpose  contravenes 
section 247. 

247 

86. 

If 1[a special trade passenger] or pilgrim ship carries 2[special 
trade  passengers]  or  pilgrims 
sub-section (1) section 248. 

in 

contravention  of                       

248(1) 

87. 

If a master, owner or agent contravenes section 249. 

88. 

If an owner, agent or master contravenes section 252. 

249 

252 

for  a 

term 
Imprisonment 
which  may  extend 
to  six 
months,  or  fine  which  may 
extend 
thousand 
rupees, or both. 

two 

to 

for 

rupees 

Fine  which  may  extend  to 
thirty 
every 
3[special  trade  passenger]  or 
pilgrim,  who  has  sustained 
detriment  by  the  omission  to 
supply 
provisions. 

the 

prescribed                  

The  master,  owner  or  agent 
shall  be  liable  to  fine  which 
may  extend  to  two  thousand 
rupees. 

Fine which may extend to one 
thousand rupees. 

Fine which may extend to one 
thousand rupees. 

89. 

If the master, owner or agent fails to comply with sub-section 
(1) of section 255. 

255(1) 

Fine which may extend to two 
hundred rupees 

If  a  master,  owner  or  agent  contravenes  sub-section  (6)  of 
section 255. 

255(6) 

Fine which may extend to two 
thousand rupees.] 

4[89A. 

90. 

If medical officers or medical attendants are not carried on 1[a 
special trade passenger ship] as required by sub-section (1) or 
sub-section (2) of section 259 as the case may be; or if the ship 
is not provided with a hospital, medical stores and equipment 
as required by sub-section (3) of that section. 

259 

4[90A. 

(a)  If  medical  officers  and  attendants  are  not  carried  on  a 

259(4)(a) 

pilgrim 
sub-section (4) section 259; or 

ship 

in  accordance  with  clause 

(a)  of                 

The  master,  owner  or  agent 
shall be liable for each voyage 
made 
in  contravention  of 
section 259 to fine winch may 
extend to five hundred rupees. 

The  master,  owner  or  agent 
shall be liable for each voyage 
in  contravention  of 
made 
clause  (a)  of  sub-section  (4) 
of  section  259  to  fine  which 
may  extend  to  three  hundred 
rupees. 

(b)  If  a  medical  officer  or  attendant  or  a  pilgrim  ship 
contravenes clause (c) of sub-section (4) of section 259. 

 259(4)(c) 

fine which may extend to two 
hundred rupees.] 

1. Subs. by Act 69 of 1976, s. 2, for “an unberthed passengers” (w.e.f. 1-12-1976).  
2. Subs. by s. 2, ibid., for “unberthed passengers” (w.e.f. 1-12-1976). 
3. Subs. by s. 2, ibid., for “unberthed passenger” (w.e.f. 1-12-1976). 
4. Ins. by s. 25, ibid. (w.e.f. 1-12-1976). 

199 

 
 
 
 
 
 
 
                                                      
         1 

2 

91. 

If an owner, agent or master contravenes section 260. 

3 

260 

4 

Fine which may extend to one 
thousand rupees. 

1*                          *                                                   *                                *                                *  

94. 

If section 291 is not complied with in the case of a ship. 

291 

95. 

If section 292 is not complied with in the case of a ship. 

292 

96. 

If  any  ship  proceeds  or  attempts  to  proceed  to  sea  in 
contravention of section 297. 

297 

97. 

If  any  ship  proceeds  or  attempts  to  proceed  to  sea  without 
carrying  on  board  the  information  required  by 2*  *  *  section 
298. 

298 3*** 

98. 

If  any  ship  proceeds  or  attempts  to  proceed  to  sea  in 
contravention of section 307. 

307 

4[98A. 

If the owner, agent or master fails to comply with section 309A. 

99. 

If any ship proceeds or attempts to proceed to sea in contravention of 
section 312. 

309A 

312 

100. 

If any ship is loaded in contravention of section 313. 

313 

The  master  or  owner  shall  be 
to  fine  which  may 
liable 
thousand 
extend 
rupees. 

one 

to 

The  master  or  owner  shall  be 
liable 
to  fine  which  may 
extend to two hundred rupees. 

The  master  or  owner  shall  be 
liable 
to  fine  which  may 
extend to two hundred rupees. 

to 

one 

The  master  or  owner  shall  be 
to  fine  which  may 
liable 
extend 
thousand 
rupees. 
The  master  or  owner  shall  be 
liable 
to  fine  which  may 
extend to― 
(a)  in  the  case  of  a  passenger 
ship,  to  one  hundred  rupees 
for every passenger carried on 
board  the  ship  but  without 
prejudice to any other remedy 
or penalty under this Act; and 
(b) in the case of a ship other 
than  a  passenger  ship,  to  one 
thousand rupees. 
Fine  which  may  extend  to  five 
hundred rupees.] 
The  master  or  owner  shall  be 
liable to fine which may extend to 
one thousand rupees. 
The  master  or  owner  shall  be 
liable 
to  fine  which  may 
extend  to  ten  thousand  rupees 
and to such additional fine not 
exceeding 5[five 
thousand 
rupees]  for  every 
inch  or 
fraction  of  an  inch  by  which 
the  appropriate  load  lines  on 
each  side  of  the  ship  are 
submerged  or  would  have 
been  submerged  if  the  ship 
had  been  in  salt  waters  and 
had no list, as the Court thinks 
fit to impose, having regard to 
the  extent 
the 
earning capacity of the ship is 
or  would  have  been  increased 
by reason of the submersion:  

to  which 

1. Serial Nos. 92 and 93 omitted by Act 69 of 1976, s. 25 (w.e.f. 1-12-1976). 
2. The words, brackets and figure “sub-section (1) of” omitted by Act 21 of 1966, s. 35 (w.e.f. 28-5-1966). 
3. The brackets and figure “(1)” omitted by s. 35, ibid. (w.e.f. 28-5-1966).   
4. Ins. by s. 35, ibid. (w.e.f. 28-5-1966).  
5. Subs. by Act 12 of 1983, s. 16, for “one thousand rupees” (w.e.f. 18-5-1983). 

200 

 
 
  
  
  
                                                      
1 

2 

3 

4 

Provided  that  it  shall  be 
a  good  deference  for 
the 
master or owner to prove that 
a  contravention  was  due 
solely  to  deviation  or  delay 
caused  solely  by  stress  of 
whether or other circumstance 
which  neither  the  master  nor 
the owner nor the charterer, if 
any,  could  have  prevented  or 
forestalled. 

Fine which may extend to one 
thousand rupees; 

Fine which may extend to one 
hundred rupees.] 

101. 

(a)  If  the  owner  or  master  of  an  Indian  ship  contravenes                      
sub-section (1) of section 314; or 

314(1) 

102. 

(b) If any person contravenes sub-section (2) of section 314. 
If a master or owner fails to deliver the certificate as required 
under sub-section 1[(8)] of section 317. 

314(2) 
317 1[(8)] 

103. 

If  a  master  proceeds  or  attempts  to  proceed  to  sea  in 
contravention of sub-section (1) of section 318. 

318(1) 

Fine which may extend to one 
thousand rupees. 

104. 

(a) If the owner of an Indian ship fails to comply with clause 

319(1)(a) 

(a) of sub-section (1) of section 319, or 

(b)  If  a  master  fails 

to  comply  with  clause  (b)  of                              

(b)  of                         

319(1)(b) 
319(2) 

sub-section 
(1),  or  clause 
sub-section (2) of section 319. 

(a)  or  clause 

105. 

If a master fails to comply with sub-section (1) of section 320. 

320(1) 

2[105A. 

106. 

the  owner,  agent  or  master  fails 

If 
sub-section (1) of section 331A. 
(a)  If  a  master,  owner  or  agent  is  guilty  of  an  offence  under 

to  comply  with                          

331A 

sub-section (1) of section 332; or 

(b)  If  the  owner  or  master  of  a  ship  is  guilty  of  an  offence 

under sub-section (2) of section 332; or 

(c)  If  a  master  fails  to  deliver  any  notice  required  by                     

332(1) 

332(2) 

332(3) 

sub-section (3) of section 332 or if in any such notice he 
makes  any  statement  which  he  knows  to  be  false  in  a 
material particular or recklessly makes a statement which 
is false in a material particular. 

107. 

If  a  ship  is  loaded  in  contravention  of  sub-section  (1)  of 
section 333. 

333(1) 

1. Subs. by Act 25 of 1970, s. 18, for “(5)” (w.e.f.19-12-1970). 
2. Ins. by Act 21 of 1966, s. 35 (w.e.f. 28-5-1966). 

201 

Fine which may extend to two 
hundred rupees. 

Fine which may extend to one 
hundred rupees. 

Fine which may extend to one 
thousand rupees.] 
Fine  which  may  extend  to 
three thousand rupees. 

 Fine  which  may  extend  to 
one thousand rupees. 

The  master  or  owner  shall  be 
liable 
to  fine  which  may 
extend  to  ten  thousand  rupees 
and  to  an  additional  fine  not 
thousand 
one 
exceeding 
rupees 
inch  or              
for  every 
fraction  of  an  inch  by  which 
the  appropriate  sub-division 
load  line  on  each  side  was 
submerged  or  would  have 
been  submerged  if  the  ship 
had no list, as the Court thinks 
fit to impose, having regard to 
the  extent 
the 
earning  capacity  of  the  ship 
was,  or  would  have  been, 
increased  by  reason  of  the 
submersion. 

to  which 

 
 
 
 
 
  
 
  
 
  
  
  
  
  
  
  
  
  
                                                      
         1 

108. 

2 

If  a person is guilty of an offence under sub-section (1) 
or  if  a  master  is  guilty  of  an  offence  under  sub-section 
(2) of section 334. 

3 

334(1), 
334(2) 

1[108A. 

If an Indian nuclear ship proceeds or attempts to proceed 
to  sea  in  contravention  of  sub-section  (1)  of  section 
344C. 

344C 

108B. 

If  an  Indian  nuclear  ship,  fails 
sub-section (1) of section 344D. 

to  comply  with                     

344D 

108C. 

If  a  nuclear  ship  other  than  an  Indian  ship  enters  the 
territorial  waters  of  India  in  contravention  of  section 
344E 

344E 

4 

Imprisonment which may extend 
to six months, or fine which may 
extend  to  one  thousand  rupees, 
or both. 

The  master  or  owner  shall  be 
liable  to  fine  which  may  extend 
to ten thousand rupees. 

The  master  or  owner  or  agent 
shall  be,  liable  to  imprisonment 
which may extend to six months 
or  fine  which  may  extend  to  ten 
thousand rupees or both. 

The master shall be liable to fine 
which  may 
ten 
thousand rupees. 

extend 

to 

108D. 

If  the  master  of  a  nuclear  ship  fails  to  give  the  notice 
required by sub-section (1) of section 344F. 

344F 

Fine  which  may  extend  to  ten 
thousand rupees. 

108E. 

(a) If the master of a nuclear ship fails to give the notice 
required  by  sub-section  (1)  or  sub-section  (2)  or  
sub-section (5) of section 344G; 

344G(1),  (2) 
and (5) 

(b)  if  the  master  of  a  nuclear  ship  fails  to  comply  with 

any  directions  issued  under  sub-section  (3)  or             
sub-section (5) of section 344G. 

344G(3)  and 
(5) 

109. 

If  a  master  or  person  in  charge  of  a  ship  fails,  without 
reasonable cause to comply with section 348. 

348 

110. 

If a master fails to comply with section 349. 

111. 

112. 

If the owner or master fails, without reasonable cause, to 
comply with section 350. 

If the owner or agent fails,  without reasonable cause, to 
comply with section 351 

113. 

If any person contravenes section 353. 

114. 

If a master fails to comply with section 354. 

349 

350 

351 

353 

354 

115. 

(a)  If  a  master  fails  to  comply  with  sub-section  (1)  or 

sub-section (2) of section 355; or 

355(1), 
355(2) 

(b)  If  a  master  fails  to  comply  with  sub-section  (5)  of 

355(5) 

section 355. 

1[115A. 

If a master fails to comply with section 355A. 

355A 

1. Ins. by Act 21 of 1966, s. 35 (w.e.f. 28-5-1966). 

202 

Imprisonment which may extend 
to  one  year  or  fine  which  may 
extend to ten thousand rupees or 
both. 

Imprisonment which may extend 
to  one  year  or  fine  which  may 
extend to ten thousand rupees or 
both.] 

Imprisonment which may extend 
to  three  months  or  fine  which 
may  extend  to  three  thousand 
rupees, or both. 

Fine  which  may  extend  to  two 
hundred rupees. 

Fine  which  may  extend  to  five 
hundred rupees. 

Fine  which  may  extend  to  five 
hundred rupees. 

Fine  which  may  extend  to  five 
hundred rupees. 

Fine  which  may  extend  to  five 
hundred rupees. 

Imprisonment which may extend 
to six months, or fine which may 
extend  to  one  thousand  rupees, 
or both. 

Fine  which  may  extend  to  one 
thousand rupees. 

Imprisonment which may extend 
to six months, or fine which may 
extend  to  one  thousand  rupees, 
or both.] 

 
 
  
  
  
  
  
  
  
  
  
  
                                                      
1 

2 

3 

4 

1[115B. 

(a) If oil or oily mixture is discharged in contravention of 

sub-section (1) of section 356C― 

(i) where such discharge is made from an Indian tanker 

356C(1) 

anywhere into the sea; 

(ii)  where  such  foreign  tanker  anywhere  within  the 

356C(1) 

coastal waters of India. 

  (b) If oil or oily mixture is discharged in contravention of 

sub-section (2) of section 356C― 

 (i) where such discharge is made by an Indian ship other 

356C(2) 

than a tanker anywhere into the Sea 

 (ii) where such discharge is made by a foreign ship oilier 
than  a  tanker  anywhere  within  the  coastal  waters  of 
India. 

 356C(2) 

(c) If oil or oily mixture is discharged in contravention of 

356C(3) 

sub-section (3) of section 356C. 

115C. 

If  an Indian ship is not fitted with equipment prescribed 
under section 356E. 

356E 

115D. 

(i) If the master of an Indian tanker or other ship fails to 
maintain  an  oil  record  book  as  required  by  section 
356F or contravenes any rule made under that section. 

356F 

(ii) If any person wilfully destroys or mutilates or renders 
illegible or prevents the making of any entry in the oil 
record  book  or  makes  or  causes  to  be  made  a  false 
entry  in  such  book  in  contravention  of  any  rule  made 
under section 356F. 

356F 

115E. 

If master of any ship refuses to certify copy of any entry 
in the oil record book to be a true copy of such entry as 
required under sub-section (2) of section 356G. 

356G(2) 

115F. 

If any person fails to take action as required by a notice 
served on him under sub-section (1) of section 356J. 

356J(1). 

The master of the tanker shall be 
liable  to  fine  which  may  extend 
to five lakh rupees. 

The master of the tanker or, if the 
tanker is unmanned, the person in 
charge  of  its  operation  shall  be 
liable  to  fine  which  may  extend 
to five lakh rupees. 

The  master,  or  if  the  ship  is 
unmanned;  the  person  in  charge 
of the operation shall, be liable to 
fine  which  may  extend  to  five 
lakh rupees. 

The  master  of  the  ship  shall  be 
liable  to  fine  which  may  extend 
to five lakh rupees. 

The  master  of 
the  offshore 
installation if it be a mobile craft 
or  the  owner,  operator,  lessee  or 
licence  of  an  offshore  insulation 
of  any  other  type  shall  be  liable 
to fine which may extend to five 
lakh rupees. 

The  owner,  master  or  agent  of 
Indian ship shall be liable to fine 
which  may 
ten 
thousand rupees. 

extend 

to 

The  master  of  the  Indian  tanker 
or  other  Indian  ship  shall  be 
liable  to  fine  which  may  extend 
to five thousand rupees. 

The  offender  shall  be  liable  to 
penalty  of  imprisonment  which 
may  extend  to  six  months  or 
fine”  which  may  extend  to  ten 
thousand rupees or both. 

The  master  of  the  ship  shall  be 
liable  to  fine  which  may  extend 
to one thousand rupees. 

The  offender  shall  be  liable  to 
penalty  of  imprisonment  which 
may extend to six months or fine 
which  may  extend  to  ten  lakh 
rupees or both. 

1.  Subs.  by  Act  12  of  1983,  s.  16,  for  Serial  Numbers  115B,  115C  and  115D  and  the  entires  relating  thereto               

(w.e.f. 18-5-1983). 

203 

 
 
  
  
  
 
 
 
 
 
 
  
  
 
  
  
  
                                                      
        1 

115G. 

2 

If  owner  of  any  Indian  ship,  tug,  barge  or  any  other 
equipment  fails  to  comply  with  any  order  issued  under 
sub-section (l) of section 356L. 

3 

356L(1) 

4 

The  offender  shall  be  liable  to 
penalty  of  imprisonment  which 
may extend to six months or fine 
which  may  extend  to  one  lakh 
rupees, or both and if the offence 
is  a  continuing  one  the  offender 
shall  be  liable  to  a  further  fine 
which  may 
ten 
thousand  rupees  per  day  for 
the 
every  day  during  which 
offence 
after 
conviction.] 

continues 

extend 

to 

1[115H. 

If  the  owner  of  an  Indian  ship  fails  to  comply  with 
section 356R 

356R 

Fine which may extend to fifteen 
lakh rupees. 

115-I. 

If  a  master  proceeds  or  attempts  to  proceed  to  sea  in 
contravention of section 356S 

356S 

Fine  which  may  extend  to  three 
lakh rupees. 

115J. 

If  the  owner  of  an  Indian  ship  or  any  person  fails  to 
comply  with  the  rules  made  or  measures  taken  by  the 
Central Government under section 356U 

356U 

Fine  which  may  extend  to  one 
Lakh and fifty thousand rupees. 

115K. 

If  the  master  of  a  ship  fails  to  maintain  records  as 
required by section 356V 

356V 

Fine  which  may  extend  to  one 
lakh and fifty thousand rupees. 

115L. 

If 
the  master  of  a  ship 
sub-section (1) of section 356W 

fails 

356W(1) 
to  comply  with                   

116. 

If any person bound to give notice under sub-section (2) 
of section 358 fails to give such notice. 

358(2) 

117 

If a  master or ship‟s officer fails to comply  with  section 
378. 

If  any  person  wilfully  disobeys  any  direction  of  the 
receiver of wreck under section 392. 

If  the  owner  or  occupier  of  any  land  impedes  or  in  any 
way hinders any person in the exercise of the rights given 
by section 393. 

378 

392 

393 

118. 

119. 

120. 

(a)  If  any  person  omits  to  give  notice  of  the  finding  of 
any  wreck  to  the  receiver  of  wreck  as  required  by 
clause (a) of section 395; or 

395(a) 

(b) if any person omits to deliver any  wreck as required 

395(b) 

by clause (b) of section 395. 

Fine  which  may  extend  to  one 
lakh and fifty thousand rupees.] 

Fine  which  may  extend  to  five 
hundred  rupees  and  in  default  of 
payment,  simple  imprisonment 
which  may  extend 
three 
months. 

to 

Fine  which  may  extend  to  five 
hundred rupees. 

Fine  which  may  extend  to  five 
hundred rupees. 

Fine  which  may  extend  to  five 
hundred rupees. 

Fine  which  may  extend,  to  one 
thousand rupees; 

Fine  which  may  extend  to  one 
thousand  rupees  and  in  addition 
forfeiture of all claims to salvage 
and  payment  to  the  owner  of 
is 
if 
such  wreck, 
claimed,  or 
is 
if 
unclaimed, to the  Government, a 
penalty,  not  exceeding  twice  the 
value of such wreck. 

the  same 
the  same 

121. 

If any person contravenes any of the provisions of section 
400. 

400 

Fine  which  may  extend  to  five 
hundred rupees. 

1. Ins. by Act 31 of 2014, s. 3 (w.e.f. 1-4-2015). 

204 

 
 
 
  
  
  
  
                                                      
       1 

122. 

(a)  If  a  ship  is  taken  to  sea  in  contravention  of                    

sub-section (1) of section 406 or if a ship engages in 
the coasting trade in contravention of sub-section (1) 
of section 407; or 

406(1), 
407(1) 

2 

3 

4 

The  master  or  owner  of  the  ship 
or in the case of a ship other than 
an  Indian  ship  the  master,  agent 
in  India  of  the  owner  or  the 
charterer of the ship in respect of 
which 
the  contravention  has 
taken  place  shall  be  liable  to 
imprisonment  which  may  extend 
to six months, or fine which may 
extend to one thousand rupees, or 
both. 

Fine  which  may  extend  to  one 
hundred rupees. 

The owner, master or agent shall 
be  liable  to  imprisonment  for  a 
term  which  may  extend  to  six 
months,  or  to  fine  which  may 
extend to one thousand rupees, or 
both. 

Imprisonment  which  may  extend 
to six months, or fine which may 
extend to five hundred rupees, or 
both. 

The  owner  or  tindal  shall  be 
liable  to  fine  which  may  extend 
to five hundred rupees.  

Fine  which  may  extend  to  two 
hundred rupees. 

The  owner  or  tindal  shall  be 
liable  to  fine  which  may  extend 
to two hundred rupees. 

to 

The  owner  or  tindal  shall  be 
liable 
imprisonment  which 
may  extend  to  six  months,  or  to 
fine  which  may  extend  to  five 
hundred rupees, or both. 

Fine  which  may  extend  to  two 
hundred rupees and in addition a 
fine which may extend to twenty 
rupees  for  every  day  during 
which the offence continues after 
conviction. 

Fine  which  may  extend  to  two 
hundred rupees. 

Fine  which  may  extend  to  five 
hundred rupees. 

(b)  if,  without  reasonable  excuse,  any  limitation  or 
condition contained in a licence granted under section 
406 or section 407 is contravened. 

406, 407 

123. 

If  a  person  to  whom  a  licence  under  section  406  or 
section 407 has been granted fails to comply with section 
409. 

409 

124. 

(a)  If  any  directions  given  under  section  411  are  not 
complied with; or 

411 

(b) if the provisions of sub-section (3) of section 412 are 
contravened. 

412(3) 

125. 

If the owner, master or agent on whom a notice has been 
served under section 413 fails to furnish the information 
required  within  the  time  specified  or  furnishing  the 
information  makes  any  statement  which  he  knows  to  be 
false on any material particular. 

126. 

If a selling vessel required to be registered under section 
417 is not registered in accordance with the provisions of 
that section. 

127. 

If the owner fails to comply with section 418. 

128. 

If the provisions of section 419 are contravened. 

413 

417 

418 

419 

129. 

If  any  sailing  vessel  attempts  to  ply  or  proceed  to  sea 
without  free  board  markings  or  is  so  loaded  as  to 
submerge  such  markings,  or  plies  or  proceeds  to  sea 
without  a  certificate  of  inspection  as  required  by                 
sub-section (1) of section 421, or if any of the terms and 
conditions specified in such certificate are contravened. 

420(3), 

421 

130. 

If the owner fails to comply with section 423. 

423 

131. 

If the owner fails to comply with section 425. 

132. 

If any person contravenes section 426. 

425 

426 

205 

 
 
  
 
 
 
 
 
 
  
 
 
 
 
 
  
  
  
  
           1 

133. 

2 
If  any  person  contravenes  any  of  the  provisions  of 
section 428. 

3 
428 

134. 

135. 

If  the  owner  or  tindal  fails  to  comply  with  any  of  the 
provisions of section 429. 
If the owner or tindal fails to comply with sub-section (1) 
of section 430. 

429 

430(1) 

136. 

(a) If a sailing vessel is engaged in the coasting trade in 
contravention of sub-section (1) of section 431; or 

431(1) 

1[136A.] 

(b)  if  any  of  the  terms  and  conditions  imposed  under  
sub-section (2) of section 431 are contravened 
If  any  person 
sub-section (1) of section 432. 

is  guilty  of  an  offence  under                            

432(1) 

431(2) 

2[137. 

If  the  owner  fails  to  comply  with  sub-section  (1)  of 
section 434-A 

434A(1) 

3[137A. 

137B. 

If an Indian fishing boat required to be registered under 
section  435C  is  not  registered  in  accordance  with  the 
provisions of that section. 
If  the  owner  of  an  Indian  fishing  boat  fails  to  comply 
with the provisions of section 435-H. 

435C 

435H 

137C. 

If the provisions of section 435-1 are contravened. 

435-I 

137D. 

If the provisions of section 435J are contravened. 

435J 

137E. 

If the provisions of section 435K are contravened. 

435K 

137F. 

If the provisions of section 435M are contravened. 

435M 

to 

4 
Imprisonment which may extend 
to  three  months,  or  fine  which 
may  extend 
two  hundred 
to 
rupees, or both. 
Fine  which  may  extend  to  two 
hundred rupees. 
Imprisonment which may extend 
to  three  months,  or  fine  which 
may  extend 
two  hundred 
to 
rupees, or both 
The  owner,  tindal  or  agent  shall 
be  liable  to  imprisonment  which 
may extend to six months, or fine 
which  may  extend 
five 
hundred rupees, or both. 
Imprisonment which may extend 
to six months, or fine which may 
extend to five hundred rupees, or 
both. 
Imprisonment which may extend 
to six months or fine which may 
extend  to  five  thousand  rupees, 
or both.] 
The owner shall be liable to fine 
which  may  extend 
to  one 
thousand rupees. 
The owner shall be liable to fine 
which  may  extend 
two 
hundred rupees. 
The owner shall be liable to fine 
two 
which  may  extend 
hundred rupees. 
The owner, skipper, tindal or any 
other  person  in  charge  of  the 
Indian fishing boat shall be liable 
to fine which may extend to one 
thousand  rupees  and  in  addition 
to fine which may extend to fifty 
rupees  for  every  day  during 
which the offence continues after 
conviction. 
The owner, skipper, tindal or any 
other  person  in  charge  of  the 
Indian fishing boat shall be liable 
to fine which may extend to one 
thousand  rupees  and  in  addition 
to fine which may extend to fifty 
rupees  for  every  day  during 
which the offence continues after 
conviction. 
The owner shall be liable to fine 
which  may  extend 
to  one 
thousand  rupees  and  in  addition 
to fine which may extend to fifty 
rupees  for  every  day  during 
which the offence continues after 
conviction. 

to 

to 

1. Serial No. 137 renumbered as serial No. 136A by Act 41 of 1984, s. 22 (w.e.f. 15-7-1985). 
2. Ins. by s. 22, ibid. (w.e.f. 15-7-1985). 
3. Ins. by Act 12 of 1983, s. 16 (w.e.f. 15-7-1985). 

206 

 
 
 
 
 
                                                      
       1 

2 

3 

4 

137G. 

If the provisions of section 435N are contravened. 

435N 

to 

The owner shall he liable to fine 
which  may  extend 
two 
hundred  rupees  and  in  addition 
to  fine  which  may  extend  to 
twenty  rupees  for  every  day 
during  which 
offence 
continues after conviction. 

the 

137H. 

If the provisions of section 435P are contravened. 

435P 

137-I. 

If  any  person  contravenes  the  provisions  of  section 
435Q. 

435Q 

137J. 

If  any  person  contravenes  the  provisions  of  section 
435S. 

435S 

137K. 

If  the provisions of section 435T are contravened. 

435T 

The owner shall be liable to fine 
which  may  extend 
two 
hundred rupees. 

to 

The  offender  shall  be  liable  to 
fine  which  may  extend  to  five 
hundred rupees. 

The  offender  shall  be  liable  to 
imprisonment which may extend 
to  three  months  or  fine  which 
two  hundred 
to 
may  extend 
rupees or both. 

The  owner,  skipper,  tindal  or 
any other person in charge of the 
Indian  fishing  boat  shall  be 
liable  to  fine  which  may  extend 
to two hundred rupees.] 

138. 

(a)  If  the  master  is  guilty  of  an  offence  under                   
sub-section (2) of section 444; or 

444(2) 

Fine  which  may  extend  to  one 
thousand rupees. 

(b) if the owner, master or agent is guilty of an offence 
under sub-section (3) of section 444. 

444(3) 

If' any person exercises the profession of a ship surveyor 
in contravention of section 450; 

450 

Fine  which  may  extend  to  one 
thousand rupees. 

If  any  person  does  any  act  in  contravention  of                       
sub-section  (2)  of  section  454  in  respect  of  which  no 
other penalty is provided. 

454(2) 

Fine  which  may  extend  to  two 
hundred rupees. 

If  any  person 
sub-section (2) of section 456. 

is  guilty  of  an  offence  under                         

456(2) 

Fine  which  may  extend  to  five 
hundred rupees 

139. 

140. 

141. 

Procedure 

 437. Place of trial.―Any person committing any offence under this Act or any rule or regulation 
thereunder may be tried for the offence in any place in which he may be found or which the Central 
Government may by notification in the Official Gazette, direct in this behalf, or in any other place in 
which the might be tried under any other law for the time being in force. 

438.  Cognizance  of  offences.―The  penalties  to  which  masters  and  owners  of  1[special  trade 
passenger] and pilgrim ships are made liable by section 436 shall be enforced only on information laid 
at the instance of the certifying officer, or, at any port or place where there is no such officer at the 
instance of such other officer as the Central Government may specify in his behalf. 

439.  Jurisdiction  of  Magistrate.―No  court  inferior  to  that  of  2[Metropolitan  Magistrate  or  a, 
Judicial  Magistrate  of  the  first  class]  shall  try  any  offence  under  this  Act  or  any  rule  or  regulation 
thereunder. 

1. Subs. by Act 69 of 1976, s. 2, for “unberthed passenger” (w.e.f.1-2-1976).  
2.  Subs.  by  Act  12  of  1983,  s.  17  and  the  Schedule,  for  “presidency  magistrate  or  a  magistrate  of  the  first  class” 

(w.e.f.18-5-1983). 

207 

 
 
  
                                                      
 
440.  Special  provision  regarding  punishment.―Notwithstanding  anything  contained  in 
1[section  29  of  the  Code  of  Criminal  Procedure,  1973  (2  of  1974),]  it  shall  be  lawful  for  a 
2[Metropolitan Magistrate or a Judicial Magistrate] to pass any sentence authorised by or under this 
Act on any person convicted of an offence under this Act or any rule or regulation thereunder. 

441.  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 company for the conduct of the business of the company, as well as the company, 
shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished 
accordingly: 

Provided that nothing  in this sub-section shall  render any  such  person  liable to  any  punishment 
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 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)  3[“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. 

442.  Depositions  to  be  received  in  evidence  when  witness  cannot  be  produced.―(1) 
Whenever, in the course of any legal proceeding under this Act instituted at any place in India before 
any  4[court or Judicial Magistrate of the first class or Metropolitan Magistrate] or before any person 
authorised  by  law  or  by  consent  of  parties  to  receive  evidence,  the  testimony  of  any  witness  is 
required in relation to the subject-matter, and the defendant or the person accused (as the case may 
be), after being allowed a reasonable opportunity for so doing, does not produce the witness before 
the 5[court or Judicial Magistrate of the first class or Metropolitan Magistrate] or person so authorised, 
any  deposition  previously  made  by  the  witness  in  relation  to  the  same  subject-matter  before  any 
Court,6[or  justice  or  Judicial  Magistrate  of  the  first  class  or  Metropolitan  Magistrate]  in  any  other 
place in India or, if elsewhere before a Marine Board or before any Indian consular officer, shall be 
admissible in evidence― 

(a) if the deposition is authenticated by the signature of the presiding officer of the Court or of 
the 7[justice or Judicial Magistrate of the first class or Metropolitan Magistrate] or Marine Board 
or consular officer, 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; 

(c) if the proceeding is criminal, on proof that the deposition was made in the presence of the 

person accused. 

(2) It shall not be necessary in any case to prove the signature or official character of the person 
appearing  to  have  signed  such  deposition;  and  a  certificate  by  such  person  that  the  defendant  or 

1.  Subs.  by  Act  12  of  1983,  s.  17  and  the  Schedule,  for  “section  32  of  the  Code  of  Criminal  Procedure,  1898                     

(5 of 1898)” (w.e.f. 18-5-1983).  

2.  Subs.  by  s.  17  and  the  Schedule,  ibid.,  for  “presidency  magistrate  or  a  magistrate  of  the  first  class”                             

(w.e.f. 18-5-1983). 

3. Subs. by Act 43 of 1981, s. 11, for “Company includes a firm” (w.e.f. 28-9-1981).  
4. Subs. by Act 12 of 1983, s. 17 and the Schedule, for “court or magistrate" (w.e.f.18-5-1983).  
5.  Subs. by s. 17 and the Schedule, ibid., for “court, magistrate”(w.e.f.18-5-1983). 
6. Subs. by s. 17 and the Schedule, ibid., for  “, justice or magistrate” (w.e.f.18-5-1983). 
7. Subs. by s. 17 and the Schedule, ibid., for  “justice, magistrate” (w.e.f.18-5-1983). 

208 

 
                                                      
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. 

443.  Power  to  detain  foreign  ship  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 ship other than an Indian ship and at any time thereafter that ship is found 
within Indian jurisdiction, the High Court may, upon the application of any person who alleges that 
the damage was caused by the misconduct or want of skill of the master or any member of the crew of 
the ship, issue an order directed to any proper officer or other officer named in the order requiring him 
to detain the ship until such time as the 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  in  any  legal  proceedings  that  may  be  instituted  in  respect  of  the 
damage, and any officer to whom the orders directed shall detain the ship accordingly. 

(2)  Whenever  it  appears  that  before  an  application  can  be  made  under  this  section,  the  ship  in 
respect of which the application is to be made will have departed from India of the territorial waters of 
India, any proper officer may detain the ship for such time as to allow the application to be made and 
the result thereof to be communicated to the officer  detaining the ship, and that officer shall not be 
liable  for  any  costs  or  damages  in  respect  of  the  detention  unless  the  same  is  proved  to  have  been 
made without reasonable grounds. 

(3) In any legal proceedings in relation to any such damage aforesaid, the person giving security 
shall be made a defendant and shall for the purpose of such proceeding be deemed to be the owner of 
the ship that has occasioned the damage. 

444.  Power  to  enforce  detention  of  ship.―(1)  Where  under  this  Act  a  ship  is  authorised  or 
ordered  to  be  detained,  any  commissioned  officer  of  the  Indian  Navy  or  any  port  officer,  pilot, 
harbour master, conservator of port or customs collector may detain the ship. 

(2) If any ship after detention, or after service on the master of any notice of, or order for, such 
detention proceeds to sea before she is released by competent authority, the master of the ship shall be 
guilty of an offence under this sub-section. 

(3) When a ship so proceeding to sea takes to sea, when on board thereof in the execution of his 
duty any person authorised under this Act to detain or survey the ship, the owner, master or, agent of 
such ship 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 sub-section. 

(4)  When  any  owner,  or  master  or  agent  is  convicted  of  an  offence  under  sub-section  (3),  the 
convicting magistrate may inquire into and determine the amount payable on account of expenses by 
such owner, master or agent under that sub-section and may direct that the same shall be recovered 
from him in the manner provided for the recovery of fines. 

445. Levy of wages, etc., by distress of movable property or ship.―(1) When an order under 
this  Act  for  the  payment  of  any  wages  or  other  sums  of  money  is  made  by  a  1[court  or  Judicial 
Magistrate of the first class or Metropolitan Magistrate] 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  2[such  a 
magistrate.] 

(2) Where any 3[court or Judicial Magistrate of the, first class or Metropolitan Magistrate or other 
officer] or authority has power under this Act, to make an order directing payment to be made of any 
seaman‟s wages, fines or other sums of money, then if the person so directed to pay the same is the 

1. Subs. by Act 12 of 1983, s. 17 and the Schedule, for “court, magistrate” (w.e.f. 18-5-1983). 
2. Subs. by s. 17 and the Schedule, for “a magistrate” (w.e.f. 18-5-1983). 
3. Subs. by s. 17 and the Schedule, for “court, magistrate or other officer” (w.e.f. 18-5-1983). 

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master, owner or agent of a ship and the same is not paid at the time or in the manner directed by the 
order of the  1[court or Judicial Magistrate of the first class or Metropolitan Magistrate or officer] or 
authority  may,  in  addition  to  any  other  power  it  or  he  may  have  for  the  purpose  of  compelling 
payment by warrant, direct the amount remaining unpaid to be levied by distress and sale of the ship 
and her equipment. 

446. Notice to be given to consular representative of proceedings taken in respect of foreign 
ship.―If any ship other than an Indian ship is detained under this Act, or if any proceedings are taken 
under this Act against the master, owner or agent of any such ship, notice shall forthwith be served on 
the consular officer of the country in which the ship is registered, at or nearest to the port where the 
ship  is  for  the  time  being,  and  such  notice  shall  specify  the  grounds  on  which  the  ship  has  been 
detained or the proceedings have been taken. 

447.  Application  of  fines.―2[A  Judicial  Magistrate  of  the  first  class  or  a  Metropolitan 
Magistrate, as the case may be,] imposing a fine under this Act may, if he thinks fit, direct the whole 
or any part thereof to be applied in compensating any person for any detriment which he may have 
sustained by the act or default in respect of which the fine is imposed or in or towards payment of the 
expenses of the prosecution. 

448. 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 abode, or by post; and 

(b) if the document is to be served on the master of a ship, where there is one, or on a person 
belonging  to  a  ship,  by  leaving  the  same  for  him  on  board  that  ship,  with  the  person  being  or 
appearing to be in command or charge of the ship; and 

(c) if the document is to be served on the master of a ship where there is no master and the 
ship is in India, on the owner of the ship, 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 to the master of the ship. 

PART XVII 

MISCELLANEOUS 

449.  Power  to  appoint  examiners  and  to  make  rules  as  to  qualifications  of  ship 
surveyors.―The  Central  Government  may  appoint  persons  for  the  purpose  of  examining  the 
qualifications of persons desirous of practicing the profession of a ship surveyor at any port in India 
and may make rules― 

(a) for the conduct of such examinations and qualifications to be required; 

(b) for the grant of certificates to qualified persons; 

(c) for the fees to be paid for such examinations and certificates; 

(d) for holding inquiries into charges of incompetency and misconduct on the part of holders 

of such certificates; and 

(e) for the cancellation and suspension of such certificates. 

 450. No person to practise as ship surveyor unless qualified.―No person shall in any port in 
which there is a person exercising the profession of a ship surveyor and holding a certificate granted 
under section 449 exercise such profession in such port unless he holds a certificate granted under that 
section: 

1. Subs. by Act 12 of 1983, s. 17 and the Schedule, for “court, magistrate, officer” (w.e.f. 18-5-1983). 
2. Subs. by s. 17 and the Schedule, for “A Magistrate” (w.e.f. 18-5-1983). 

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Provided that nothing herein contained shall prevent any person employed exclusively by Lloyd‟s 
Register  of  Shipping  or  Bureau  Veritas  or  any  other  classification  society  specified  by  the  Central 
Government  in  the  Official  Gazette  in  this  behalf  from  discharging  any  of  the  duties  of  such 
employment or apply to any person specially exempted by the Central Government from the operation 
of this section. 

451. Power of ship surveyor to inspect ship.―Any person holding a certificate granted under 
section 449 and exercising the profession of a ship surveyor at any port in India may in the execution 
of  his  duties  go  on  board  a  ship  and  inspect  the  same  and  every  part  thereof  and  the  machinery, 
equipment and cargo and may require the unloading or removal of any cargo, ballast or tackle. 

452.  Inquiry  into  cause  of  death  on  board  Indian  ship.―(1)  if  any  person  dies  on  board  a 
foreign-going Indian ship, the proper officer at the port where the crew of the ship is discharged, or 
the proper officer at any earlier port of call in India, shall, on the arrival of the ship at that port, inquire 
into the cause of death, and shall make in the official log book an endorsement to the effect, either that 
the statement of the cause of death in the book is in his opinion true, or the contrary, according to the 
result of the inquiry. 

(2)  If,  in  the  course  of  any  such  inquiry,  it  appears  to  the  proper  officer  that  a  death  has  been 
caused on board the ship 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. 

453. Certain persons deemed to be public servants.―The following persons shall be deemed to 
be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860), namely:― 

(a) every surveyor; 

(b) every judge, assessor or other person acting under Part XII; 

(c) every person appointed under this Act to report information as to shipping casualties; 

(d) every person authorised under this Act to make any investigation or inquiry under Part X 

and all persons whom he calls to his aid; 

(e) every person directed to make an investigation into an explosion or fire on a ship under 

section 388; 

(f) every other officer or person appointed under this Act to perform any functions thereunder. 

 454.  Powers  of  persons  authorised  to  investigate,  etc.―(1)  Every  judge,  assessor,  officer  or 
other person who is empowered by this Act to make an investigation or inquiry or to board, survey, 
inspect or detain a ship― 

(a)  may  go  on  board  any  ship  and  inspect  the  same  or  any  part  thereof,  or  any  of  the 
machinery,  equipment  or  articles  on  board  thereof,  or  any  certificates  of  the  master  or  other 
officer to which the provisions of this Act or any of the rules or regulations thereunder apply, not 
unnecessarily  detaining  or  delaying  the  ship  from  proceeding  on  any  voyage,  and  if  in 
consequence of any incident to the ship or for any other reason it is considered necessary so to do, 
may require the ship 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 aforesaid; 

(c) may, by summons under his hand, requires the attendance of all such persons as he thinks 
fit  to  call  before  him  and  examine  them  for  the  purpose  aforesaid,  and  may  require  answers  or 
returns to any enquiries he thinks” fit to make; 

(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 

211 

 
(f) may muster the crew of any such ship. 

(2)  No  person  shall  hinder  or  obstruct  any  officer  or  person  referred  to  in  sub-section  (1)  from 
going on board any ship or otherwise impede him in the execution of his duties or the exercise of his 
powers under this Act. 

Explanation.― In this section, “ship” includes a sailing vessel. 
1[454A. Power to prescribe alternative fittings, etc.―Where this Act requires that a particular 
fitting, material, appliances or apparatus or any type thereof shall be fitted or provided for in a ship or 
that any particular provision shall be made in a ship, the Central Government after satisfying itself by 
trials or otherwise that any other fitting, material, appliance or apparatus or type thereof or provision 
is as effective as that so required, may permit, by general or special order, such other fitting, material, 
appliance or apparatus or type thereof or provision to be used or provided.] 

455.  Exemption  of  public  ships,  foreign  and  Indian.―(1)  This  Act  shall  not  except  where 
specially provided, apply to ships belonging to any foreign prince or State and employed, otherwise 
than for profit in the public service of the foreign prince or State. 

(2)  The  Central  Government  may,  by  notification  in  the  Official  Gazette,  direct  that  the, 
provisions of this Act or any of them shall not apply to ships belonging to the Government or to any 
class of such ships. 

456.  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  ship  or  sailing  vessel  or  any  master,  tindal  or  seaman  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 ship or sailing vessel or any master, tindal or seaman, if it is satisfied 
that requirement has been substantially complied with or that compliance with the requirement is or 
ought to be dispensed with in the circumstances of the case. 

2[Provided that no exemption which is prohibited by the Safety 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 sub-section. 

457. General power to make rules.―Without prejudice to any power to make rules contained 
elsewhere in this Act, the Central Government may make rules generally to carry out the purposes of 
this Act. 

458.  Provisions  with  respect  to  rules  and  regulations.―(1)  All  rules  and  regulations  made 

under this Act shall be published in the Official Gazette. 

(2) In making a rule or regulation under this Act, the Central Government may direct that a breach 

thereof shall be punishable― 

(a) in the case of a rule made under 3[section 331 or section 344-I] with imprisonment which 

may extend to two years, or with fine which may extend to ten thousand rupees, or with both; 

(b) in the case of any other rule or regulation made under any other provision of this Act, with 

fine which may extend to one thousand rupees; 

and in either case if the breach is a continuing one, with further fine which may extend to fifty rupees 
for every day after the first during which the breach continues. 

4[(3) Every rule or regulation 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 

1. Ins. by Act 21 of 1966, s. 36 (w.e.f. 28-5-1966). 
2. Added by s. 37, ibid. (w.e.f. 28-5-1966). 
3. Subs. by s. 38, ibid., for “section 331” (w.e.f.28-5-1966). 
4. Subs. by s. 38, ibid., for sub-section (3)  (w.e.f.28-5-1966).   

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comprised  in  one  session  or  in  1[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 the regulations, or both Houses agree that the rule or regulation 
should not be made, the rule or regulation shall, thereafter, have effect only in such modified form or 
be  of  no effect, as the  case  may  be;  so, however, that  any  such  modification  or  annulment  shall be 
without prejudice to the validity of anything previously done under that rule or regulation.] 

459. Power to constitute committees to advise on rules, regulations and scales of fees.―(1) 
The Central Government may, if it thinks fit, constitute one or more committees consisting of such 
number of persons as it may appoint thereto representing the interests principally affected or having 
special knowledge of the subject-matter, for the purpose of advising it when considering the making 
or  alteration  of  any  rules,  regulations  or  scales  of  fees  under  this  Act  or  for  any  other  purpose 
connected with this Act. 

(2)  There  shall  be  paid  to  the  members  of  any  such  committee  such  travelling  and  other 

allowances as the Central Government may fix. 

(3)  Committees  may  be  constituted  under  this  section  to  advise  the  Central  Government  either 
generally as regards any rules, regulations or scales of fees or as regards any class or classes of rules, 
regulations or scales of fees in particular or for any other purpose connected with this Act. 

460. Protection of persons acting under Act.―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. 

2[460A. Removal of difficulties.―(1) If any difficulty arises in giving effect to the provisions of 
this Act, in so far as they relate to the Safety Convention or to the Load Line Convention or to the 
Convention referred to in clause (a) of section 356B, 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 or expedient for removing the difficulty and giving effect to the provisions 
of such Convention: 

Provided that no order shall be made under this section after the expiry of three years from the 
date of  publication  of  the Merchant  Shipping  (Amendment)  Act,  1970  (25  of  1970), in  the  Official 
Gazette. 

(2) Every order made under this section 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 successive sessions.] 

PART XVIII 

REPEALS AND SAVINGS 

461.  Repeals  and  savings.―(1)  The  enactments  specified  in  Part  I  of  the  Schedule  are  hereby 

repealed to the extent specified in the fourth column thereof. 

(2) The enactments specified in Part II of the Schedule, in so far as they extend to and operate as 

part of the law of India, are hereby repealed. 

(3) Notwithstanding the repeal of any enactment by sub-section (1) or sub-section (2),― 

(a)  any  notification,  rule,  regulation,  bye-law,  order  or  exemption  issued,  made  or  granted 
under  any  enactment  hereby  repealed  shall,  until  revoked,  have  effect  as  if  it  had  been  issued, 
made or granted under the corresponding provision of this Act; 

1. Subs. by Act 69 of 1976, s. 26, for “two successive sessions and if before the expiry of the session in which it is so 

laid or the session immediately following”(w.e.f.1-12-1976).  

2. Subs. by Act 25 of 1970, s.19, for section 460A (w.e.f.19-12-1970).  

213 

 
                                                      
 
(b)  any  officer  appointed  and  anybody  elected  or  constituted  under  any  enactment  hereby 
repealed shall continue and shall be deemed to have been appointed, elected or constituted, as the 
case may be, under this Act; 

(c) any document referring to any enactment hereby repealed shall be construed as referring to 

this Act or to the corresponding provision of this Act; 

(d) any fine levied under any enactment hereby repealed may be recovered as if it had been 

levied under this Act; 

(e)  any  offence  committed  under  any  enactment  hereby  repealed  may  be  prosecuted  and 

punished as if it had been committed under this Act; 

(f)  sailing  vessels  registered  under  any  enactment  hereby  repealed  shall  be  deemed  to  have 

been registered under this Act; 

(g) mortgages of ships 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,  radio  telegraphy  certificate,  radio  telephony 
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, as the case may be. 

(4) 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, with regard to the effect of repeals. 

214 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
THE SCHEDULE 

ENACTMENTS REPEALED 

PART I 

[See section 461 (1)] 

Year  No. 

Short title 

Extent of repeal 

1838  19  The Coasting Vessels Act, 1838. 

In  so  far  as  it  applies  to  sea-going  ships 
fitted with mechanical means of propulsion 
and to sailing vessels. 

1841  10  The  Indian  Registration  of  Ships  Act, 

The whole. 

1841 

1850  11  The  Indian  Registration  of  Ships  Act 

The whole. 

(1841) Amendment Act, 1850. 

1923  21  The  Indian  Merchant  Shipping  Act, 

The whole. 

1923. 

1946  21  The  Merchant  Seamen  (Litigation) 

The whole. 

Act, 1946. 

1947  26  The Control of Shipping Act, 1947. 
1949  18  The  Merchant 

Laws 
(Extension  to  Acceding  States  and 
Amendment) Act, 1949. 

Shipping 

The whole. 

The whole. 

PART II 

[See section 461 (2)] 

Year 

Short title 

1823  Lascars Act (4 Geo. 4 c. 80). 

1894  Merchant Shipping Act (57 and 58 Vict., c. 60). 

1897  Merchant Shipping Act (60 and 61 Vict., c. 59). 

1898  Merchant Shipping (Liability of Ship-owners) Act (61 and 62 Vict., c. 14). 

1898  Merchant Shipping (Mercantile Marine Fund) Act (61 and 62 Vict., c. 44). 

1900  Merchant Shipping (Liability of Ship-owners and others) Act (63 and 64 Vict., c. 32). 

1906  Merchant Shipping Act (6 Edw. 7, c. 48). 

1907  Merchant Shipping Act (7 Edw. 7, c. 52). 

1911  Merchant Shipping (Seamen‟s Allotment) Act (1 and 2 Geo. 5, c. 8). 

1911  Merchant Shipping Act (1 and 2 Geo. 5, c. 42). 

1911  Maritime Conventions Act (1 and 2 Geo. 5, c. 57). 

1914  Merchant Shipping (Certificate) Act (4 and 5 Geo. 5, c. 42).  

1916  Merchant Shipping (Salvage) Act (6 and 7 Geo. 5, c. 41). 

215 

 
 
 
 
Year 

Short title 

1919  Merchant Shipping (Wireless Telegraphy) Act (9 and 10 Geo. 5, c. 38). 

1921  Merchant Shipping Act (11 and 12 Geo. 5, c. 28). 

1923  Merchant Shipping Act (Amdt.) Act (13 and 14 Geo. 5, c. 40). 

1925  Merchant Shipping (Equivalent Provisions) Act (15 and 16 Geo. 5, c. 37). 

1932  Merchant Shipping (Safely and Load Line Conventions) Act (22 and 23 Geo. 5, c. 9). 

1936  Merchant Shipping (Carriage of Munitions to Spain) Act (1 Edw. 8 and 1 Geo. 6, c. 1), 

1937  Merchant Shipping (Spanish Frontiers Observation) Act (1 Edw. 8 and 1 Geo. 6, c. 19). 

1937  Merchant Shipping Act (1 Edw. 8 and 1 Geo. 6, c. 23). 

1937  Merchant Shipping (Superannuation Contributions) Act (1 Geo. 6, c. 4). 

1940  Merchant Shipping (Salvage) Act (3 and 4 Geo. 6, c. 43). 

216 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
