 the merchant shipping bill, 2016 ————— arrangement of clauses—————clauseschapter i preliminary1 short title and commencement 2 application of act 3 definitions part ii establishment of boards and general administration chapter i establishment of national shipping board and seafarers welfare board4 establishment of national shipping board 5  constitution of seafarer welfare board chapter ii general administration6 director- general of shipping 7 surveyor8radio inspector9 mercantile marine department10 shipping office 11 seafarer's employment office12  seafarer's welfare officer part iii registration of vessels13 application of part chapter i registration of indian vessels14 obligation to register 15  registrar of indian vessels 16 application for registry 17 marking, survey and measurement of vessels before registry 18 power of registrar to inquire into title of indian vessel to be so registered 19  grant of certificate of registry 20 custody and use of certificate 21 endorsement on certificate of change of ownership 22 delivery of certificate of vessel lost or ceasing to be an indian vessel23  provisional registration of indian vessel 24 transfer of indian vessel or shares 25 registry of transfer 26 transmission of property in indian vessel on death, insolvency, etc 27 order for sale where vessel has ceased to be an indian vessel 28 transfer of vessel on sale by order of court 29 mortgage of vessel or share 30 rights of mortgagee 31 mortgage not affected by insolvency 32 transfer of mortgages 33 transmission of interest in mortgage in certain circumstance 34 description of name, call sign and an official number of indian vessel 35 registry of alterations 36 provisional certificate and endorsement where vessel is to be registered anew 37 registry anew on change of ownership 38 transfer of registry 39 restrictions on re-registry of abandoned vessel 40 national colours for indian vessels 41 concealment of indian, or assumption of foreign, character 42 liabilities of vessel not recognized as indian vessel 43 proceedings on forfeiture of vessel 44 liability of owners 45 evidence of register book, certificate of registry and other documents 46 closure of registry chapter ii registration of vessels on bareboat charter-cum-demise by indian charterer47 application of this chapter 48 definitions 49 registration of vessel chartered on bareboat charter-cum -demise 50 power to make rules in respect of matters in this part part iv certificate of competency and certificate of proficiency51 certificates to be held by seafarers 52 certificate of competency and certificate of proficiency 53 training for grant of certificate of competency and  certificate of proficiency 54 examinations for grant of certificates 55 production of certificate of competency 56 recognition of certificates of competency granted in other countries 57 foreign vessel not to sail without certificated seafarers 58 obligations of certain certificate holders to serve the government or in indian vessels 59 power to make rules clauses part v seafarers60 application of this part 61  definitions 62 classification of seafarer, maritime labour standards and prescription of minimumscale63 application of maritime labour standards to seafarers and ships 64 duties of shipping master 65 business of seafarer's employment office 66  supply or recruitment or engagement of seafarer 67 agreements with seafarers 68 power to make rules for enforcement of maritime labour convention 69 wages on termination of service for wreck, illness, etc 70 wages not to accrue during absence without leave, refusal to work or imprisonment 71 compensation to seafarers on premature discharge 72 restrictions on sale of and charge upon wages 73 discharge of seafarers 74 wages and property of deceased seafarers and seafarers left behind 75 repatriation of seafarer on termination of service at foreign port 76 certain undisbursed amounts to be utilised for welfare of seafarers 77 decision of questions by shipping masters 78 power of shipping master to require production of ship's papers 79 summary proceedings for wages 80 restrictions on suits for wages 81 wages not recoverable outside india in certain cases82 remedies of master for wages, disbursements, etc 83 power to refer disputes between seafarers and their employers to tribunal 84 recovery of wages, etc, of seafarers lost with their ship 85 nomination 86 relief and maintenance of distressed seafarers 87 evidence of distress 88 inspection by shipping master, etc 89 special provisions   for the protection of seafarers in respect of litigation 90 facilities for making complaints 91 assignment or sale of salvage invalid 92 ship not to be boarded without permission 93 misconduct endangering life or ship 94 desertion and absence without leave 95 general offences against discipline 96 smuggling of goods by seafarer 97 entry of offences in official log book98 report of desertions and absences without leave 99 entries and certificates of desertion abroad100 facilities for proving desertion in proceedings for forfeiture of wages 101 application of forfeitures 102 decision of questions of forfeiture and deduction in suits for wages 103 payment of fines imposed under agreement to shipping master 104 seafarer not to be enticed to desert 105 stowaways and seafarers carried under compulsion 106 on change of master, documents to be handed over to successor 107 deserters from foreign ships 108 official logbook 109 power to make rules for this part part vi safety and security110 application of this part 111 definitions 112 safety and security requirement 113 reporting of incidents 114 obligation to render assistance on receiving signal of distress and to persons indanger115 search and rescue services 116 radio communication requirements 117 information about vessel stability 118 submersion of load lines 119 no vessel to carry passenger without a certificate 120 vessel not to proceed to sea without valid safety and security certificates121 offences 122 vessel not to carry cargo or passengers in contravention of act 123 unseaworthy vessel not to be sent to sea 124 obligation of owner to crew with respect to seaworthiness 125 safety and security management 126 control measures and detention of vessels 127 liability for costs and damage when vessels detained 128 power to make rules part vii prevention, containment of pollution from vessel and response129 application of this part 130 definitions 131 control of discharge or emission of harmful substances or dumping at sea 132 requirements of prevention and containment of pollution and response 133 vessel not to proceed to sea without valid pollution prevention certificates 134 record books135 reception facilities 136  powers to take measures for prevention or containment of pollution and reporting ofincidents137 power of the central government to give directions to certain vessels or persons torender certain     service138 power to make rules part viii survey,  audit and certification139 survey, audit and certification 140 certificates 141 power of surveyor 142 compliance of provisions of convention 143 recognition of certificates issued outside india 144 issue of certificate to foreign vessels in india and indian  vessels  in foreign countries 145 power to make rules for this part part ix maritime liability and compensation chapter i collision, accident at sea and liability146 application of this chapter 147 apportionment of liability 148 damages for personal injury 149 right of contribution 150 duty of master of vessel to assist in case of collision 151 collision to be entered in official log book 152 report to central government of accidents to vessels 153 notice of loss of indian vessel to be given to central government chapter ii limitation of liability for maritime claims154 application of this chpater 155 limitation of liability for damages in respect of certain claims 156 conduct barring limitation 157 counter claims 158 limits of liability 159 limit for passenger claims 160 aggregation of claims 161 limitation of liability without constitution of a limitation 162 constitution of  limitation fund 163 distribution of the fund 164 bar to other actions165 scope of application166 power to make rulesclauses chapter iii civil liability for oil pollution damage167 application of this chapter 168 definitions 169 liability of owner 170 joint and several liability for ships 171 limitation of liability 172 constitution of limitation fund 173 acquisition of right for compensation by subrogation 174 consolidation of claim and distribution of fund 175 compulsory insurance or other financial guarantee 176 acceptance of certificate issued outside india 177 ban on entering or leaving an indian port without certificate 178 direct action against insurer or other person providing financial security 179 limitation period 180 government ships 181 power to make rules chapter iv civil liability for bunker oil pollution damage182 application of this chapter 183 definitions 184 liability for bunker oil pollution 185 exemption from liability 186 right of owner to limitation of liability 187 determination of limitation of liability 188 consolidation of claims and distribution of amount189 extinguishment of right to claim 190 maintenance of compulsory insurance or other financial security 191 direct action against insurer or other person providing financial security 192 issue of certificate 193 ban on entering or leaving port without certificate 194 right of recourse 195 recognition and enforcements of decision of the court 196 power to make rules chapter v international oil pollution compensation fund197 application 198 definitions 199 contribution to fund 200 contribution payable by persons to the fund 201 liability of fund202 power to call for information 203 claims against fund and jurisdiction of courts 204 extinguishment of claims 205 subrogation and right of recourse 206 power to make rules part x investigation and inquiries207 marine casualties and report thereof 208 power of central government to initiate proceedings 209 power to cancel, suspend, etc, certificate of seafarers 210 re-hearing 211 application of this chapter to wrecks part xi wreck and salvage chapter i wreck212 definitions 213 receivers of wreck 214 duty to report wrecks 215 determination of hazard 216 locating and marking of wrecks 217 power to pass over adjoining lands 218 prohibition of certain acts in respect of wreck 219 search warrants where wreck is involved 220 measures to facilitate the removal of wrecks 221 liability of owner222 maintenance of insurance or other financial security 223 exception to liability 224 claims of owners to wreck 225 extinguishment of right to claim recovery of costs chapter ii salvage226 application of this chapter to salvage 227 definitions 228 salvage award 229 salvage payable for saving life, cargo or wreck 230 salvage operations controlled by government or port and public authorities 231 salvage contracts 232 duties of salvor,  owner and master 233 rights and duties of central government in relation to salvage operations 234 rights of salvors235 adjudication of disputes 236 extinguishment of claims 237 savings 238 power to make rules respecting wreck and salvage part xii control of indian vessels and foreign vessels engaged in coasting trade239 application of this part 240 licensing of vessels 241 revocation, modification or surrender of licence 242 no port clearance until licence is produced243 power to give direction244 powers of central government to protect interests of indian shipping from undueforeign intervention245 power to make rules part xiii sailing, fishing and other vessels246 application of part 247 decision on whether a vessel falls under this part 248 requirements for safety, security, prevention of pollution and insurance  249 vessel not to proceed without valid certificates 250 statement relating to crew of vessels to be maintained 251 inquiry to jettisoning of cargo 252 detention of vessel by proper officer 253 detention of unseaworthy vessels 254 power to exempt255 power to make rules part xiv penalties and procedures256 penalties 257 place of trial and jurisdiction of court 258 special provision regarding punishment 259 cognizance of offence 260 offences by companies 261 depositions to be received in evidence when witness cannot be produced 262 power to detain foreign vessel that has occasioned damage 263 power to enforce detention of vessel 264 levy of wages, etc, by distress of movable property or vessel 265 notice to be given to consular representative of proceedings taken in respect offoreign vessel266 service of documentsclauses part xv miscellaneous267 birth and death of persons on board vessel during a voyage 268 inquiry into cause of death on board or person missing from indian vessel 269 certain persons deemed to be public servants 270 power of persons authorised to investigate, inquire, etc 271 power to permit alternative provisions and arrangement 272 control of nuclear vessels and security measures 273 exemption of public vessels, foreign and indian 274 power to exempt 275 general power to make rules 276 provisions with respect to rules 277 protection of persons acting under the act 278 agreement with other countries 279 removal of difficulties 280 repeal and savings bill no 236 of 2016 the merchant shipping  bill, 2016 a billto consolidate and amend the law relating to merchant shipping to ensure compliance with the country's obligation under the maritime treaties and international instruments to which india is a party and also to ensure the efficient maintenance of indian mercantile marine in a manner best suited to serve the national interestbe it enacted by parliament in the sixty-seventh year of the republic of india as follows:— part i preliminary51 (1) this act may be called the merchant shipping act, 2016short title and commencement(2) it shall come into force on such date as the central government may, by notification,appoint, and different dates may be appointed for different provisions of this actapplication of act2 (1) unless otherwise expressly provided, the provisions of this act shall apply to,—(a) any vessel which is registered in india; or10(b) any vessel which is required by this act to be so registered, wherever it 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 or in waters within the jurisdiction of india5(3) subject to sub-section (2) and unless otherwise expressly provided, the provisions of this act shall not apply to indian controlled tonnage vesselsdefinitions3 in this act, unless the context otherwise requires,—(1) "1992 liability convention" means the international convention on civil liability for oil pollution damage, 1992;10(2) "anti-fouling systems convention" means international convention on control of harmful antifouling systems on ships, 2001;15(3) "audit" means a systematic and independent examination to determine whether the management system as provided in safety convention complies with the planned arrangements and such arrangements are implemented effectively and are sufficient to achieve the desired objectives;(4) "ballast water management convention" means the international convention for the control and management of ships' ballast water and sediments, 2004;20(5) "certificate of competency" or "certificate of proficiency" means the certificate of competency or certificate of proficiency, as the case may be, granted under subsection (1) of section 52;(6) "coasts" include the coasts of creeks and tidal waters25explanation—for the purposes of this clause, the expression "tidal waters"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 harbor;(7) "coasting trade of india" means,—(a) the carriage by sea of goods, passengers from any port or place in india to any other port or place in india, or3080 of 1976(b) performing any service within waters in the jurisdiction of india, including the zones as defined under the territorial water, continental shelf, exclusive economic zones and other maritime zones of india act, 1976;18 of 2013(8) "company" means a company as defined in clause (20) of section 2 of the companies act, 2013;35(9) "convention" means any international convention or treaty or agreement in relation to maritime matters and their protocols to which india is a party;(10) "convention certificate" means a certificate issued under the provisions of any convention;(11) "court", in relation to any proceedings, includes any court having jurisdiction in the matter to which the proceedings relate;40(12) "director-general" means the director-general of shipping appointed under sub-section (1) of section 6;(13) "distressed seafarer" means a seafarer engaged under this act, who has been discharged or left behind or abandoned including by reason of any captivity not in accordance with law, or shipwrecked, is in distress;455(14) "equipment", in relation to a vessel, includes boats, tackle, machinery, boilers, cargo handling gear, pumps and any fitting, anchor, propeller, apparels, furniture, life-saving appliances of every description, spars, masts, rigging and sails, fog signals, lights, shapes and signals of distress, medicines and medical and surgical stores and appliances, charts, radio installations, appliances for preventing, detecting or extinguishing fires, buckets, compasses, axes, lanterns, loading and discharging gears and appliances of all kinds and all other stores and spares or articles belonging to or to be used in connection with or necessary for the navigation, propulsion, security, pollution prevention and safety of the vessel;(15) "family" means: —10(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:15provided 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 purposes 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; and20(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:25provided 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 notice30explanation— in either of the above two cases, if the child, or, as the case may be, the child of 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;(16) "fishing vessel" means a vessel which is exclusively engaged in fishing in the seas;(17) "gross tonnage" means the measure of the overall size of a vessel determined in accordance with the rules made in this behalf;35(18) "high court", in relation to a vessel, means a 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;40(19) "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 and pro consul;45(20) "indian controlled tonnage vessel" means an indian vessel, other than an fishing vessel or sailing vessel, registered at a port or place in a country other than india under sub-section (2) of section 14;(21) "indian ship" or "indian vessel" means a ship or a vessel, as the case may be, which is substantially owned by the person referred in sub-section (3) of section 14;(22) "llmc convention" means the convention on limitation of liability for maritime claims, 1976;5(23) "maritime labour convention" means the maritime labour convention,2006;(24) "marpol convention" means the international convention for the prevention of pollution from ships, 1973 and protocols;(25) "master" includes any person (except a pilot or a harbour master) having command or charge of a vessel;10(26) "notification" means a notification published in the official gazette and the expression "notified" shall be construed accordingly;(27) "owner", in relation to a vessel  means the person to whom the vessel or a share in the vessel belongs;(28) "passenger" means any person carried on board a vessel, except—15(a) a person employed or engaged in any capacity on board the  vessel on the business of the vessel;20(b) a person on board the  vessel  either in pursuance of the obligations laid upon the master to carry shipwrecked, distressed or other persons or by reason of any circumstances which neither the master nor the charterer, if any, could have prevented or forestalled; and(c) a child under one year of age;(29) "passenger vessel" means a  vessel carrying more than twelve passengers; (30) "pollution damage" means,—25(a) loss or damage caused outside the  vessel resulting from the escape, emission or discharge of cargo, oil or any other material from the  vessel, wherever such escape, emission or discharge may occur, or(b) the costs of preventive measures and further loss or damage caused by preventive measures;30(31) "pollution prevention convention" means any convention relating to prevention of pollution from vessels, to which india is a party; including marpol convention, anti-fouling systems convention and ballast water management convention;(32) "port" means the port as defined in clause (4)  of section 3 of the indian ports act, 1908;3515 of 1908(33) "port authority" means,—(a) in relation to any major port, the board of trustees, or, as the case may be, the board of directors, in respect of that port constituted under any law for the time being in force;4015 of 1908(b) in relation to any other port, the conservator of the port appointed under section 7 of the indian ports act, 1908;(c) in relation to any terminal or place not forming a part of a port, the person under whose supervision the terminal or place is operated; (34) "port of registry", in relation to a  vessel, sailing vessel, fishing vessel or any other vessel, means the port at which she is registered or is to be registered;45(35) "prescribed" means prescribed by rules made under this act; (36) "principal officer" means an officer referred to in section 9 of this act; (37) "proceeding" includes any suit, appeal or application under this act;5(38) "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 the reference is made in the provision of this act, in which the expression occurs;(39) "proper return port" means such port as is agreed upon by the seafarer, and his employer in the agreement or otherwise, or in the absence of agreement, the port where the seafarer was employed or joined the  vessel;(40) "property", in relation to a seafarer, includes personal effects;10(41) "reception facilities", in relation to a port, terminal ship yard, ship repair facility or ship recycling facility, means facilities for enabling vessels using the port, terminal ship yard, ship repair facility or ship recycling facility  to discharge or deposit any substance subject to control by the pollution prevention conventions;15(42) "registrar" means the registrar referred to in section 15; (43) "registered owner" means the person or persons registered as the owner of the vessel;20(44) "removal" means any form of prevention, mitigation or elimination of the hazard created by a wreck, and the expressions "remove", "removed" and "removing" shall be construed accordingly;(45) "rule" means the rule made  under  this act; (46) "safety convention" means the international convention for  the safety of life at sea, 1974 and its protocols;25(47) "sailing vessel" means any wooden vessel of primitive build provided with sufficient sail area for navigation under sails alone, whether or not fitted with mechanical means of propulsion, but does not include a pleasure craftexplanation— for the purposes of this clause "wooden vessel of primitive build" means a wooden vessel of traditionally  built not primarily propelled;(48) "salvage" means any act or activity undertaken to assist a vessel or any other property in danger in navigable waters or in any other waters whatsoever;30(49) "salvage convention" means the international convention on salvage,1989;(50) "salvor" means any person rendering services in direct connection with salvage operation;35(51) "sea-going", in relation to a vessel, means a vessel proceeding or intendingto proceed beyond waters declared to be inland waters by the central government or state government by notification;(52) "seafarer" means any person who is employed or engaged or works in any capacity on board a sea-going vessel, but does not include,-40(i) a person who is in the employment or engagement or work on board inany capacity in a warship or any government vessel used for military or noncommercial purposes, or(ii) any other person as the central government may, by notification, specify;(53) "seafarer's employment office" means the seafarer's employment office established under sub-section (1) of section 11;(54) "seafarer's welfare officer" means the seafarer's welfare officer appointed under sub-section (1) of section 12;510(55) "seaworthy", in respect of a vessel, means, if she is in possession of all valid certificates required under this act and is in a fit state as to the material, construction, condition of hull and equipment, and machinery; management of safety, security and pollution prevention, the stowage of ballast or cargo, the number, and in every other respect, fit for the voyage or service including with the living and working conditions on board the vessel to not pose a threat to the health, safety or welfare of the vessel's seafarers;(56) "ship" means any watercraft, used or capable of being used in navigation by its own propulsion, in, above, or under the water, but does not include fishing vessels or sailing vessels;15(57) "ship owner" means the owner including the registered owner, bareboat charterer, manager and operator of the vessel;(58) "shipping master" means the shipping master appointed under section 10; provided that in relation to any seafarer for the purposes of section 89, means a shipping master referred to in that section,—20(a) for the port at which the seafarer entered into, or is believed to have entered into, an agreement, or(b) where the seafarer did not enter into his agreement in india, for the port to which the seafarer has returned, or is expected to return, on the completion of his latest voyage;25(59) "shipping office" means the shipping office established under section 10; (60) "special trade" means the conveyance of large number of passengers by sea within the areas specified in the stp agreement;explanation:—the expression "stp agreement"  means the special trade passenger ship agreement, 1971 and protocol on space requirement for special trade passenger ships, 1973;30(61) "special trade passenger" means a passenger carried in special trade passenger  vessel in spaces on the weather deck or upper deck or between decks which accommodate more than eight passengers;(62) "special trade passenger ship" means a mechanically propelled ship carrying more than thirty special trade passengers;35(63) "stcw convention" means the international convention on standards of training, certification and watchkeeping for seafarers, 1978;(64) "surveyor" means a person appointed under sub-section (1) of section 7;40(65) "tanker" means a vessel constructed or adapted primarily to carry liquid or gas in bulk in its cargo space and includes combination carriers and any other type of vessel when it is carrying a cargo or part cargo of liquid or gas in bulk;(66) "tindal" means the person in command or charge of a sailing vessel; (67) "tribunal" means the tribunal constituted under sub-section (1) of section 83;(68) "unseaworthy vessel" is a vessel which is not seaworthy;455(69) "vessel" includes every description of water craft used or capable of being used in the marine environment, such as ship, boat, sailing vessel, fishing vessel, submersible, semi-submersible, hydrofoils, non-displacement crafts, amphibious crafts, wing-in-ground crafts, pleasure crafts, barges, lighters, mobile offshore drilling units, mobile offshore units, or of any other description;(70) "wages" include emoluments; (71) "wreck" includes the following on a maritime casualty, namely:—(a)  a sunken or stranded  vessel; (b) any part of a sunken or stranded  vessel, including any object or goods or cargo that is or has been on board such a  vessel;10(c) any object or goods or cargo that is lost at sea from a  vessel and that is stranded, sunken or adrift at sea;15(d) a  vessel that is in distress or is about, or may reasonably be expected, to sink or to strand, where effective measures to assist the  vessel or any property in danger are not already being taken; or(e) a vessel abandoned without hope or intention of recovery part ii establishment of board  and general  administration chapter i 20 establishment of national shipping board and seafarers welfare board4 (1) the central government may, by notification, establish a national shipping board (hereinafter referred to as the shipping board) for the purposes of this actestablishment of national shipping board(2) the shipping board shall consist of the following members, namely:—25(a) six members of parliament of whom four shall be elected from amongst themselves by members of the house of the people and two from among themselves by the members of the council of states,(b) such number of other members, not exceeding sixteen as the central government may think fit to appoint to the shipping board, to represent,-30(i) the central government, (ii) ship-owners, (iii) seafarers, and (iv) such other interest as in the opinion of the central government oughtto be represented on the shipping board:35provided that the shipping board shall include an equal number of persons representing the ship owners and seafarers(3) the term of a member elected under clause (a) of sub-section (2) shall come to an end as soon as he ceases to be a member of the house from which he was elected40(4) the central government shall nominate one of the members of the shipping board to be the chairperson of the shipping board(5) the shipping board shall advise the central government,-(a) on matters relating to indian shipping including the development thereof;and(b) on such other matters arising out of this act as the central government may refer to it for advice (6) the shipping board shall have power to regulate its own procedure (7) the central government may make rules for all or any of the following matters, namely:—5(a) the term of office of members of the shipping board;(b) the manner of filling vacancies in the shipping board;(c) the travelling allowances and other allowances payable to the members of the shipping board;10(d)  the manner of appointment of officers and other employees of the shipping board and the terms and conditions of their serviceconstitution of seafarer welfare board5 (1) the central government may, by notification, constitute a seafarers welfare board (hereinafter referred to as the welfare board) for the purposes of advising the central government on the measures to be taken for promoting the welfare of the seafarer under this act, generally and in particular the following matters, namely:—15(a) the establishment of hostels or boarding and lodging houses for seafarer; (b) the establishment of clubs, canteens, libraries and other like amenities for thebenefit of seafarer;(c) the establishment of hospital and provision of medical treatment for seafarer;20(d) the provision of educational and other facilities for seafarer; (e) the measures to be taken for welfare of distressed seafarer;(f) the measures to be taken in the case of seafarer who is a foreigner but abandoned in the waters within the jurisdiction of india;(g)  any other measures to be taken for promoting the welfare of seafarer(2) the central government may make rules providing for,—25(a) the composition of the welfare board and the term of office of members thereof;(b) the procedure to be followed in the conduct of business by the welfare board;30(c) the travelling and other allowances payable to the members of the welfare board;(d) the rate of levy of fee payable by owners of vessels for the purposes of providing amenities to seafarer and for taking other measures for the welfare of the seafarer;35(e) the procedure by which any such fee may be collected or recovered and the manner in which the proceeds of such fees, after deduction of the cost of collection, shall be utilised for the purpose specified in clause (d) general administration40director- general of shipping6 (1) the central government may, by notification, appoint a person to be the director-general of shipping for the purposes of exercising or discharging the powers, authority or duties conferred on or imposed by or under this act(2) the central government may, by general or special order, direct that any power, authority or jurisdiction exercisable by it under or in relation to any such provisions of this act as may be specified in the order shall, subject to such conditions and restrictions as may be so specified, be exercisable also by the director-general or such other officer as may be specified in the order5(3) the director-general may, with the previous approval of the central government,by general or special order, direct that any power or authority conferred upon or delegated to, and any duty imposed upon him by or under this act may, subject to such conditions and restrictions as he may think fit to impose, be exercisable or dischargeable also by such officer or other authority as he may specify in this behalf(4) every officer appointed under this act shall discharge his functions under the general superintendence and control of the director- general10surveyor7 (1) the central government may, by notification, appoint at such port or place as it may consider necessary, as many persons as it may think fit to be surveyors for the purposes of this act15(2) without prejudice to the provisions of sub-section (1), in case of cargo vessel, the central government, may, by notification, authorise any person or body of persons, on such terms and conditions as may be specified therein, to be surveyor or surveyors for the purposes of this actexplanation— for the proposes of this sub-section,  "cargo vessel" means a vessel which is not a passenger vessel20(3) the surveyor shall be nautical surveyor, ship surveyor, engineer and ship surveyoror junior ship surveyor and includes deputy nautical advisor, deputy chief surveyor, deputy chief ship surveyor, principal officer, chief ship surveyor, chief surveyor and nautical advisor25(4) at any port or place at which no surveyor appointed under this section is available, the central government may, by notification, appoint any qualified person to perform the functions of a surveyor under this actradio inspector8  the central government may, by notification, appoint, as many radio inspectors as it may consider necessary for the purpose of securing that the requirements of this act and the rules made thereunder relating to radio communication are complied with30mercantile marine department9 (1) the central government may establish and maintain at the ports of mumbai,kolkata, chennai, kochi, kandla and such other ports or places in india, as it may consider necessary, an office of the mercantile marine department for the administration of this actand the rules  made thereunder35(2) the office of the mercantile marine departments at the ports of mumbai, kolkata,chennai, kochi, kandla and any other port or place as notified by the central government shall be in the charge of the principal officer, and the office at any other port or place shall be in the charge of such officer as the central government may appoint in this behalfshipping office4010 (1) the central government may, by notification, establish a shipping office atevery 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 necessary45(2) the central government may direct that at any port at which no separate shippingoffice is established, the whole or any part of the business of the shipping office shall be conducted at the mercantile marine department, 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 accordingly50(3) all acts done by or before a deputy shipping master, an assistant shipping masterand the officer to whom any business of the shipping office is committed under sub-section (2) shall have the same effect as if done by or before a shipping master for the purposes of this actseafarer's employment office11 (1) the central government may, by notification, establish at every port in india in which it thinks it necessary so to do, a seafarer's employment office and shall appoint thereto a director and as many deputy directors and assistant directors as it may consider necessary(2) all acts done by or before a deputy director or assistant director shall have the same effect as if done by or before a director for the purposes of this act510(3) the central government may, by notification, direct that at any port at which no separate seafarer's employment office is established, the functions of the seafarer'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 seafarer's employment office established at that port for the purposes of this actexplanation—for the removal of doubts, it is hereby clarified that, on and from the date of commencement of this act, all the existing seamen's employment offices shall be deemed to have been established as the seafarer employment offices under sub-section (1)of this section1512 (1) the central government may appoint seafarer's welfare officers at such ports in or outside india as it may consider necessaryseafarer's welfare officer(2) a seafarer's welfare officer appointed under sub-section (1) shall perform,—20(a) in the case of any such officer appointed at any port in india, such functions in relation to welfare of seafarers 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 seafarers and such functions of an indian consular officer under part v as may be assigned to him by the central government25(3) if any seafarer's welfare officer appointed at any port outside india performs any functions assigned to an indian consular officer under part v, such functions shall have the same effect as if they had been performed by an indian consular officer for the purposes of that partexplanation—for the removal of doubts, it is hereby clarified that, on and from the date of commencement of this act, all the seamen's employment officers shall be deemed to have been appointed as  seafarer's welfare officers  under sub-section (1) of this section30 part iii registration of vessels13 this part shall apply to sea-going vesselsapplication of part chapter i registration of indian vessels35obligation to register14 (1) every indian vessel, shall be registered under this part at a port or place inindia, as the central government may, by notification, declare to be a port of registry under this act:19 of 183840provided that the vessels registered under the provisions of the coasting vesselsact, 1838 shall be re-registered under the provisions of this part within a period of one year from the date of coming into force of this part:19 of 1838provided further that any vessel registered on the commencement of this act at anyport in india under any enactment repealed by this act, except the vessels registered under the coasting vessel act, 1838, shall be deemed to have been registered under this part and shall be recognised as an indian vessel:45provided also that, subject to any exemptions or modifications, as the case may be,made by the central government, all vessels belonging to the government, other than  vesselsof the  indian navy, indian coast guard, customs authorities, central paramilitary forces, coastal police and other police agencies, shall be registered under this act(2) nothwithstanding anything contained in sub-section (1), an indian vessel, may be, subject to such conditions as may be prescribed, registered in a country other than india5(3) no vessel shall be an indian vessel or an indian controlled tonnage vessel unlesssuch vessel is substantially owned by any of the following persons, namely,—(a) a citizen of india; or (b) a company or a body established by or under any central act or state actwhich has its principal place of business in india; or102 of 1912(c) a co-operative society registered or deemed to be registered under theco-operative societies act, 1912 or any other law relating to a co-operative society for the time being in force in any stateexplanation—for the purposes of this sub-section, "substantially owned" means having more than fifty per cent of the shares of the ownership of the vessel15(4) if an indian vessel is proceeding to sea without its valid certificate of registry, suchindian vessel shall be detained until it produces its valid certificate of registry to the proper officerregistrar of indian vessels2015 (1) at any port, the principal officer of the mercantile marine department, shall be the registrar of indian vessels at that port, and at any other place in india such authority as the central government may, by notification, appoint, shall be the registrar of indian vessels at that place(2) every registrar shall keep a register book and entries in that book be made, and maintain the records of vessels registered under the provisions of this act, in such manner as may be prescribed25application for registry16 an application for the registry of an indian vessel shall be made to the registrar insuch form and manner as may be prescribed17 (1) the owner of every indian vessel in respect of which an application for registry is made shall cause such vessel to be marked, surveyed and measured by a surveyor and the tonnage of the vessel ascertained before registry in such manner as may be prescribed30marking, survey and measurement of vessels before registry(2) the surveyor shall grant a certificate specifying the tonnage, build and such otherparticulars descriptive of the identity of the vessel as may be prescribed and the certificate of the surveyor shall be delivered to the registrar before registry3518 (1) where it appears to the registrar that there is any doubt as to the title of any indian vessel to be registered as an indian vessel, he may require evidence to be given to his satisfaction that the vessel is entitled to be registered as an indian vesselpower of registrar to inquire into title of indian vessel to be so registered(2) if no evidence is given to the satisfaction of the registrar that the vessel is entitled to be registered as an indian vessel under sub-section (1), the vessel shall be liable to forfeiture40grant of certificate of registry19 (1) on completion of the registry of an indian vessel, the registrar shall grant a certificate of registry containing the particulars respecting her as entered in the register book(2) a tonnage certificate shall be issued to every vessel, the gross tonnage and net tonnage of which have been determined in accordance with the provisions of this act45(3) in the event of the certificate of registry of an indian vessel being defaced or mutilated, the registrar of her port of registry may, on the delivery to him of that certificate or on submission of a declaration by the owner to the effect that certificate has been lost or destroyed, grant a new certificate in lieu of her original certificateexplanation—for the purposes of this section "net tonnage" means the measure of the useful capacity of a vessel determined in accordance with the rules made in this behalfcustody and use of certificate520 (1) the certificate of registry shall be used only for the lawful navigation of thevessel, and shall at all times remain in the custody of the person in charge of the vessel, and shall not be subject to detention by reason of any title, lien, charge or interest whatever, had or claimed by any owner, mortgagee or other person to, on or in the vessel10(2) no person, whether interested in a vessel or not who has in his possession, orunder his control the certificate of registry of a vessel, shall refuse or omit without reasonable cause to deliver such certificate on demand to the person entitled to the custody thereof for the purposes of the lawful navigation of the vessel, or to any registrar or other person entitled by law to require such delivery(3) if the master or owner of an indian vessel uses or attempts to use for her navigationa certificate of registry not legally granted in respect of the vessel, he shall be guilty of an offence under this sub-section and the vessel shall be liable to forfeiture15endorsement on certificate of change of ownership21 whenever a change occurs in the registered ownership of an indian vessel, theowner of the indian vessel shall, for the purpose of endorsement of change of ownership, deliver the certificate of registry to the registrar who shall make an endorsement for that purpose in such manner as may be prescribed20delivery of certificate of vessel lost or ceasing to be an indian vessel2522 in the event of a registered  vessel  being either actually or constructively lost,taken by the enemy, burnt or broken up or ceasing for any reason to be an indian  vessel, or is to be registered under any other law for the time being in force at the relevant time, every owner of such vessel shall immediately on obtaining knowledge of the event, 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 therein23 (1) if at any port or place a vessel becomes entitled to be registered as an indianvessel,—provisional registration of indian vessel(a) the registrar; or (b) indian consular officer; or30(c) a person authorised by the central government, may issue a provisional certificate of registry for a period not exceeding six months in accordance with such procedure as may be prescribed and such provisional certificate of registry shall have the effect of a certificate of registry:35provided that the registrar may extend the validity of the provisional registry for a further period not exceeding three months(2) the provisional certificate issued under sub-section (1) shall be delivered to the registrar for cancellation where a vessel has been permanently registered40(3) where a vessel has been provisionally registered and its registry is not completed within the period specified in sub-section (1), the provisional registry of the vessel shall be deemed to be closed (except in relation to any unsatisfied mortgages entered therein), and the registrar shall make an entry thereof in the registertransfer of indian vessel or shares4524 (1) no person shall transfer or acquire any indian vessel or any share or interest therein at any time during which the security of india or any part of the territory thereof is threatened by war or external aggression, and a proclamation of emergency issued under clause (1) of article 352 of the constitution is in operation without the previous approval of the central government and any transaction effected in contravention of this provision, shall be void and unenforceable(2) the central government may, if it considers necessary or expedient so to do for the purpose of conserving the tonnage of indian shipping, by order, refuse to give its approval to any such transfer or acquisition(3) no transfer or acquisition of any indian vessel shall be valid unless,—5(a) all mortgage entered in its register, are satisfied or, the mortgagee and thenew owner have given their consent in writing for the transfer of vessel;(b) all wages and other amounts due to seafarer in connection with theiremployment on that vessel have been paid in accordance with the provisions of this act;10(c) any subsisting entry has been made of any court order prohibiting transferor any dealing with that vessel;(d) any unpaid statutory fees that may be levied on the vessel and has beeninformed in writing to the registrar15(4) subject to the other provisions contained in this section, an indian vessel or a share therein shall be transferred only by an instrument in writing(5) the instrument shall contain such description of the indian vessel as is contained in the surveyor's certificate or some other description sufficient to identify the vessel to the satisfaction of the  registrar  and shall be in such form as may be prescribed and shall be executed by the transferor in the presence of and be attested by at least two witnesses20registry of transfer2525 (1) every instrument for the transfer of an indian vessel 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 vessel 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 registrar3026 (1) where the property in an indian vessel 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,-transmission of property in indian vessel on death, insolvency, etc(a) that person shall authenticate the transmission by making and signing a declaration in such form as may be prescribed (in this act referred to as a declaration of transmission) identifying the vessel and also a statement of the manner in which and the person to whom the property has been transmitted;35(b) if the transmission is consequent on insolvency, the declaration oftransmission shall be accompanied by proper proof of such claim;39 of 1925(c) if the transmission is consequent on death, the declaration of transmissionshall be accompanied by a succession certificate, probate or letters of administration, as the case may be, under the indian succession act, 1925 or a duly certified copy thereof40 45(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 vessel or share therein 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: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 vessel has ceased to be an indian vessel5order for sale where vessel has ceased to be an indian vessel27 (1) where by reason of the transmission of any property in a vessel or a sharetherein on death, insolvency or otherwise, a vessel ceases to be an indian vessel, the registrar of the port of registry shall submit a report to the central government setting out the circumstances in which the vessel has ceased to be an indian vessel10(2) the central government may, within a period of thirty days from the date of receipt of report, under sub-section (1), make an application to the high court for a direction for the sale to any citizen of india or any company or body or co-operative society:provided that an application may be admitted after the expiry of the period of thirty days if the central government satisfies the high court that it had sufficient cause for not making the application within the said period15(3) the high court may require any evidence in support of the application as it thinks requisite and may make such order thereon and on such terms and conditions as it thinks just or may reject the application in case it finds that the vessel has not ceased to be an indian vessel, and in case the vessel 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 otherwise20transfer of vessel on sale by order of court2528 where any court, whether under section 27 or otherwise, orders the sale of any vessel 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 vessel or share, and that person shall thereupon be entitled to transfer the vessel 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 ownermortgage of vessel or share3029 (1) a registered vessel or a share therein may be made a security for a loan or othervaluable consideration, and the instrument creating the security (in this act called a mortgage) shall be in such form as may be prescribed, and on the production of such instrument, the registrar shall record it in the register book(2) except in so far as may be necessary for making a mortgaged vessel or shareavailable as a security for the mortgage debt, the mortgagee shall not, by reason of his mortgage, be deemed to be the owner of the vessel or share, nor shall the mortgagor be deemed to have ceased to be owner thereof35 40(3) where a registered mortgage is discharged, the registrar shall, on the productionof 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 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(4) if there are more mortgages than one recorded in respect of the same vessel orshare, the mortgagees shall, notwithstanding any express, implied or constructive notice, have priority according to the date and time on which each mortgage is recorded in the register book and not according to the date of each mortgage itself45rights of mortgagee30 (1) where there is only one registered mortgagee of a vessel or share, he shall beentitled to recover the amount due under the mortgage by selling the mortgaged vessel or share without approaching the high court:provided that nothing contained in this sub-section shall prevent the mortgagee from recovering the amount so due in the high court as provided in sub-section (2)(2) where there are two or more registered mortgagees of a vessel or share they shall be entitled to recover the amount due under the mortgage in the high court5(3) every registered mortgagee of a vessel or share who intends to recover the amountdue under the mortgage by selling the mortgaged vessel or share under sub-section (1) shall give an advance notice of fifteen days relating to such sale to the registrar of the vessel's port of registry10(4) the notice under sub-section (3) shall be accompanied with the proof of paymentof the wagesmortgage notaffected byinsolvency1531  a registered mortgage of a vessel or share shall not be affected by any act ofinsolvency committed by the mortgagor after the date of the record of such mortgage, notwithstanding that the mortgagor, at the commencement of his insolvency, had the vessel or share in his possession, order or disposition, or was the reputed owner thereof, and the mortgage shall be preferred to any right, claim or interest therein of the other creditors of the insolvent or any trustee or assignee on their behalftransfer ofmortgages2032 (1) a registered mortgage of a vessel or share may be transferred to any personand the instrument effecting the transfer shall be in such form as may be prescribed 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 vessel 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 sameright of preference as was enjoyed by the transferor25transmission of interest in mortgage in certain circumstances3033 (1) where the interest of a mortgagee in a vessel 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 vessel or share(2) the registrar, on receipt of the declaration and the production of the evidence referred to in sub-section (1), shall enter the name of the person entitled under the transmission in the register book as mortgagee of the vessel or share3534 every indian vessel shall be described by such name, call sign and official number in such manner as may be prescribeddescription of name, call sign and an official number ofindian vesselregistry ofalterations4035  when a registered vessel is so altered as not to correspond with the particulars relating to her tonnage or description contained in the register book, then, if the alteration is made at any port having a registrar, that registrar, or if it is made elsewhere, the registrar of the first port having a registrar at which the vessel arrives after the alteration, shall, on an application being made to him by the owner stating the particulars of the alteration, either cause the alteration to be registered or direct that the vessel be registered anew4536 where any registrar, not being the registrar of the vessel's port of registry, on an application as to an alteration in a vessel directs the vessel to be registered anew, he shall either grant a provisional certificate describing the vessel as altered, or provisionally endorse the particulars of the alteration on the existing certificateprovisional certificate and endorsement where vessel is to be registered anewregistry anew on change of ownership37 subject to the other provisions contained in this act, where the ownership of anyindian vessel is changed, the registrar of the port at which the vessel is registered may, on the application of the owner of the vessel, register the vessel anew in such manner as may be prescribed, although registry anew is not required under this act5transfer ofregistry38 the registry of any vessel may be transferred from one port of registry to anotheron an application to the registrar of the existing port of registry of the vessel made by declaration in writing of all persons appearing in the register to be interested therein as owners or mortgagees, but that transfer shall not in any way affect the rights of those persons or any of them and those rights shall in all respects continue in the same manner as if no such transfer had been effected10restrictions on re-registryof abandonedvessel39 where a vessel has ceased to be registered as an indian vessel by reason ofhaving been wrecked or abandoned, or for any reason other than capture by the enemy, the vessel shall not be re-registered until she has, at the expense of the applicant for the registry, been surveyed by a surveyor and certified by him to be seaworthy15national colours for indian vessels40 (1) the central government may, by notification, declare the proper nationalcolours for all indian vessels and for all vessels owned by the government and different colours may be declared for different classes of vessels(2) vessels registered under this part shall hoist the proper national colours,—20(a) on a signal being made to her by any vessel of the indian navy or indian coast guard;(b) on entering or leaving any port25(3) any commissioned officer of the indian navy, any officer of the indian coast guard, a surveyor or any indian consular officer, as the case may be, may board any vessel on which any colours are hoisted contrary to this act and seize and take away the colours which shall be forfeited to the government(4) no person on board a vessel which is not an indian vessel shall, for the purpose of making it appear to be an indian vessel, use the indian national colours, unless the assumption of indian character has been made for the purpose of escaping capture by the enemy or by a foreign vessel of war in the exercise of some belligerent right30concealment of indian, or assumption of foreign, character41 no owner or master of an indian vessel shall knowingly do anything or permitanything to be done, or carry or permit to be carried any papers or documents, with intent toconceal the indian character of the vessel from any person entitled by any law for the time being in force to inquire into the same, or with intent to assume a foreign character for the vessel, or with intent to deceive any person so entitled35liabilities of vessel notrecognized as indian vessel42 where it is declared by this act that an indian vessel shall not be recognised assuch, that vessel shall not be entitled to any privileges, benefits, advantages or protection usually enjoyed by indian  vessel or to use the indian national colours for indian vessel or to assume the indian national character:40provided that for the payment of dues the liability to fine and forfeiture and thepunishment of offences committed on board such vessel, or by any person belonging to her, such vessel shall be dealt with in the same manner in all respects as if she were a recognised indian vessel45proceedings on forfeiture of vessel4543 where any vessel has either wholly or as to any share therein become subject toforfeiture under this part, any commissioned officer of the indian navy, indian coast guard, any indian consular officer or any other officer authorised by the central government, may seize and detain the vessel, and bring her for adjudication before the high court, and the high court may thereupon adjudge the vessel with her equipment to be forfeited to the government, and make such order in the case as to the high court seems just and may award to the officer bringing in the  vessel for adjudication such portion of the proceeds of the sale of the  vessel or any share therein as the high court thinks fit| liability                                                                                         | of   ||---------------------------------------------------------------------------------------------------|------|| owners                                                                                           |      || 5                                                                                                 |      || 44                                                                                               |      || where any person is beneficially interested otherwise than by way of mortgage in                  |      || any vessel or share in a vessel registered in the name of some other person as owner, the         |      || person so interested shall, as well as the registered owner, be subject to all the pecuniary      |      || penalties imposed by this or any other act on the owners of vessel or shares therein, without     |      || prejudice that proceedings for the enforcement of any such penalties may be taken against         |      || both or either of the said parties jointly or severally                                          |      || 45                                                                                               |      ||                                                                                                   |      || (1)                                                                                               |      || a person may on application to the registrar and on payment of such fees as                       |      || may be prescribed, inspect any register book, and may obtain a certified copy of any entry in     |      || the register book                                                                                |      || 10                                                                                                |      || evidence of                                                                                       |      || register book,                                                                                    |      || certificate of                                                                                    |      || registry and                                                                                      |      || other                                                                                             |      || documents                                                                                        |      || (2)                                                                                               |      || a certified copy of an entry in a register book shall be admissible in evidence in any            |      || court and have the same effect to all intents as the original entry in the register book of which |      || it is a copy                                                                                     |      || closure                                                                                           | of   || registry                                                                                         |      |46 (1) the owner of an indian vessel may make an application to the registrar to close its registry provided that, if there is no,—15(a) unsatisfied mortgage entered in its register; or(b) outstanding claims of the master or seafarer of the vessel in respect of wageswhich have been intimated20(2) the owner of an indian vessel shall, for the purposes of sub-section (1), specify the name of the vessel, the intended port and country of registry (if applicable) or otherwise the reason for the closure in the application and shall be submitted to the registrar along with the certificate of registry of the vessel(3) on receipt of the application under sub-section (1) and the certificate of registry under sub-section (2), the registrar shall, if he is satisfied, by an order, close the registry of the vessel and make an entry thereof in the register25explanation—for the purposes of this section, "owner" includes any transferee of, or any person entitled under a transmission to the property in, an indian vessel chapter ii registration of vessels on bareboat charter-cum-demise by indian chartererapplication of this chapter3047 this chapter shall apply to any vessel registered under the law of any country other than india and chartered by an indian charterer on bareboat charter-cum-demise contractdefinitions48    in this chapter unless the context otherwise requires,—(a) "bareboat charter-cum-demise contract" means a written contract for chartering a vessel on bareboat charter-cum-demise;35(b) "charter period" means the period during which the vessel is chartered on bareboat charter-cum-demise contract;(c) "indian charterer" means a person referred to in clause (a) or clause (b) or clause (c) of sub-section (3) of section 14 who has chartered a vessel on bareboat charter-cum- demise contract4049 (1) the vessel chartered on bareboat charter-cum -demise by an indian charterer may be registered under this chapter(2) the procedure for registration of the vessel chartered on bareboat charter-cumdemise shall be such as may be prescribedregistration of vessel chartered on bareboat charter-cumdemise(3) the bareboat charter-cum-demise contract shall include the following provisions, namely:—45(a) the period for hiring the vessel chartered on bareboat charter-cum-demise shall be for not less than three years;(b) the possession and control of the vessel chartered on bareboat charter-cumdemise, including the right to appoint its master and other seafarers, shall vest with the indian charterer; and(c)  the ownership of the vessel chartered on bareboat charter-cum-demise, after the charter period shall stand transferred to the indian charterer5(4)the registration of a vessel chartered on bareboat charter-cum-demise shall remain in force till the end of the charter period:provided that if any provision of this act is violated, the registration of such vessel may be closed before the chartered period10(5) the registrar shall, after registration or closure of registration of a vessel chartered on bareboat charter-cum-demise contract, send the information of such registration or closure, as the case may be, to the authority of registration of the country where such vessel is registered(6) the vessel chartered on bareboat charter-cum -demise registered under this chapter shall be an indian vessel entitled to fly the indian flag15(7) if the bareboat charter-cum-demise contract is terminated before the charter period due to breach of the agreement or any other reason, the indian charterer shall inform the registrar and, on receipt of such information, the registrar shall close the registry and forward the information to the authority of registration of the country where such vessel is registered20(8)  notwithstanding anything contained in this act, the provisions relating to the owner of an indian vessel under this act shall, subject to such modification as the central government may consider necessary, apply to the indian charterer for the vessels registered under this chapter50 (1) the central government may make rules to carry out the purposes of this part25(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:—| power           | to   ||-----------------|------|| make rules in   |      || respect         | of   || matters in this |      || part           |      |(a) the conditions for registration of an indian vessel, under sub-section (2) of section 14;30(b)  the manner of keeping the register book and making entries therein and maintenance of the records of vessels registered under this act under sub-section (2) of section 15;(c) the form and manner of making application for registry of an indian vessel under section 16;35(d) the manner of marking, survey, measurement and ascertainment of tonnage of an indian vessel under sub-section (1) of section 17;(e)  the other particulars descriptive of the identity of vessel  under sub-section (2) of section 17;(f) the manner of making endorsement under section 21;40(g) the procedure for issuing a provisional certificate of registry under sub-section (1) of section 23;(h) the form of instrument for description of vessel under sub-section (5) of section 24;45(i) the form for making and signing a declaration under clause (a) of sub-section (1) of section 26;(j) the form of mortgage under sub-section (1) of section 29;(k) the form of instrument  effecting the transfer under sub-section (1) of section 32;(l) the manner of description of the name, call sign and official number of indianvessel under section 34;5(m)  the manner of registration of vessel anew under section 37; (n) the fee for inspection of register book  and a certified copy of any entry of theregister book under sub-section (1) of section 45;(o)  the procedure for registration  of vessel chartered on bareboat charter -cumdemise under sub-section (2) of section 49;10(p) any other matter which is required to be or may  be prescribed part iv certificate of competency and certificate of proficiency51 (1) every indian vessel shall be provided the seafarers with such manning scale as may be prescribedcertificates to be held by seafarers15(2) the seafarer shall hold such certificate of a grade appropriate to his station in the vessel or of a higher grade as may be prescribed:provided that in relation to different categories of vessel, areas and types of operations there shall be provided such different manning scales as may be prescribed:20provided further that subject to such conditions and restrictions as may be prescribed,the indian national with foreign certificates of competency or foreign national with certificate of competency issued under this act or foreign certificate of competency, may serve on indian  vessels(3) every vessel, whether at sea or in any port or place, shall be manned by such number of persons with such qualifications as may be prescribed25certificate of c o m p e t e n c y and certificate of proficiency52 (1) the central government shall, subject to the provisions of  stcw convention, grant a certificate of competency or certificate of proficiency, as the case may be, for such different grades of seafarers with such requirements and such procedures as may be prescribed30(2) no certificate of competency or certificate of proficiency shall be granted, under sub-section (1) unless the seafarer fulfils the requirements in respect of service, age limit, medical fitness, training, qualifications and examination in accordance with the stcw convention35(3) notwithstanding anything contained in sub-sections (1) and (2), the central government may grant such other certificate of competency or certificate of proficiency with such requirements and procedures as may be prescribed(4) a certificate of competency or certificate of proficiency, as the case may be, granted under sub- sections (1), (2) and (3) shall be in such form and on payment of such fee and valid for such period as may be prescribed, and record of such certificate shall be kept in such manner as may be  prescribed4053 (1) the director-general shall administer, supervise and monitor all activities relatingto training and assessment for grant of certificate of competency or certificate of proficiencytraining for grant ofcertificate of competency and  certificate of proficiency(2) the director-general shall approve the training institute, training courses and method of conduct of such training course for grant of certificate of competency or certificate of proficiency under section 52:45provided that no certificate of competency or certificate of proficiency shall be granted,unless the training required for such certificate has been imparted in accordance with the provisions of this section(3) the director-general may, for the purposes of this part authorise any person to inspect any maritime training institute and the person so authorised in this behalf shall submit the report to the director-general5(4) the director-general may, after receipt of the inspection report under sub-section (3), if he is satisfied that the maritime training institute has contravened any provisions of this part, after giving an opportunity of being heard, suspend or withdraw the approval granted to such maritime training institutes under sub-section (2)54 (1) the central government shall appoint a person for the purposes of examining the qualifications of persons desirous of obtaining certificates under section 52examinations for grant of certificates10(2) the manner of conducting examination for certificate of competency or certificate of proficiency, the fee to be charged and the payment to be made to the examiners appointed under sub-section (1) shall be such as may be prescribed15(3) the central government shall grant a certificate of competency or certificate of proficiency, as the case may be, to every applicant, who is duly reported by the examiners appointed under sub-section (1) to have passed the examination satisfactorily and to have given satisfactory evidence of his sobriety, experience and ability and general good conduct on board vessel:20provided that the central government may, if it has reason to believe that the report has been unduly made, before granting a certificate,  require a re-examination of the applicant including the inquiry into the applicant's testimonials and character25(4) if it appears to the central government that a person holding a certificate granted under sub-section (1) or sub-section (3) of section 52 has obtained it on the basis of  false or erroneous information, or is guilty of misconduct or on receipt by the central government of any report of incompetency, or any act of omission or commission or compromise to safety, security or prevention of pollution  by the person holding a certificate which may pose a threat to life or property or environment, it may, after due investigation, by order, withdraw, suspend or cancel such certificate:provided that no order shall be passed under this sub-section without giving the person holding the certificate an opportunity of being heard30(5) a note of all orders made under sub-section (4) affecting any certificate of competency or certificate of proficiency, in pursuance of the powers contained in this act, shall be entered on the copy of the certificate kept under section 5235(6)  whenever a person holding a certificate granted under this act proves to the satisfaction of the issuing authority that he has, lost or been deprived of such certificate, the issuing authority shall, on payment of  such fee as may be prescribed, shall grant a  copy of the certificate and  such copy shall have all the effect of the originalproduction of certificate of competency55 (1) the master of every vessel shall, on demand, produce to the proper officer thecertificates of competency of the seafarers of the  vessel along with a list of crew with the particulars of grades of certificates of master, mates, engineers and ratings40(2) a surveyor may, at any reasonable time, go on board a vessel to which any of theprovisions of this part applies for the purpose of ensuring that the seafarers holding certificates issued in accordance with the stcw convention are actually appointed and are present, and satisfy himself about the adequacy of such seafarers for the watch-keeping duties in ports and at sea4556 (1) where in a country other than india, the certificate of competency is grantedunder any law for the time being in force in that country which is similar to those referred to in this act, then if the central government is satisfied that,—recognition of certificates of competency granted in other countries50(a) the conditions under which any certificate of competency is granted in thatcountry meets the standards of competency not lower than those required for the grant under this act for corresponding certificates; and(b) the certificate granted under this act is accepted in that country in lieu of the corresponding certificate granted under the laws of that country,5the central government may, by notification, declare that any certificate of competency granted under the law in force in that country shall be recognised  as equivalent to the corresponding certificate of competency granted under this act(2) the certificate recognised under sub-section (1) as equivalent may be issued with a certificate of endorsement as may be prescribed(3) a person holding a certificate of endorsement under sub-section (2) shall be considered as duly certificated under this act1057 (1) every master of a foreign   vessel shall, before proceeding to sea from any port or place in india, ensure that the   vessel has the requisite numbers of seafarer of appropriate grades as specified in  the safety convention and stcw conventionforeign vessel not to sailwithoutcertificated seafarers15(2) a surveyor or any person authorised in this behalf by the central government may, at any reasonable time, go on board a vessel for the purpose of ensuring that the seafarers holding certificates issued in accordance with the safety convention and stcw convention are actually appointed and are present, and satisfy himself about the adequacy of such seafarers for the watch keeping duties in ports and at sea20(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 vessel in relation to the requirements of the safety convention and stcw convention and the central government is satisfied that it shall be unsafe for such   vessel to proceed to sea, that   vessel may be detained by the proper officer till such requirements are fulfilled2558 at any time during which the security of india is threatened or during a proclamation of emergency issued under clause (1) of article 352 of the constitution, every indian citizen holding an indian certificate of competency, certificate of proficiency or certificate of recognition granted under this act shall be liable to serve on indian   vessel for such period on such terms and conditions as the central government may, by general or special order, specifyobligations of certain certificate holders to serve the government or in indian vessels59 (1) the central government may make rules to carry out the provisions of this partpower to make rules30(2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—(a) the manning scales  of   the seafarers under sub-section (1) of section 51; (b) the certificate of grade appropriate under sub-section (2) of section 51;35(c) the different  manning  scales in relation to different categories of vessel,areas and types of operations under proviso to sub-section (2) of section 51;(d) the conditions and restrictions under the second proviso to sub-section (2)of section 51;(e) the number of persons to be manned and their qualifications under subsection (3) of section 51;40(f) the requirement and procedure for grant of certificate of competency orcertificate of proficiency to the different grades of seafarer under sub-section (1) ofsection 52;(g) the requirement and procedure for grant of certificate of competency orcertificate of proficiency under sub-section (3) of section 52;45(h) the form of certificate, fees and the valid period of such certificate and the manner in which the copies of certificate to be kept and recorded under sub-section (4) of section 52;(i) the manner of conducting examination for certificate of competency or certificate of proficiency, the fee to be charged and the payment to be made to the examiners under sub-section (2) of section 54;( j) the fee for grant of certificate if lost or deprived, under sub-section (6) of section 54;5(k) the endorsement under sub- section (2) of section 56;(l) any other matter which is required to be or may  be prescribed part v seafarers60 save as otherwise provided, this part shall apply to,—10application of this part(a) every seafarer; (b) recruitment and placement service; (c) ship ownersdefinitions61 in this part, unless the context otherwise requires,—15(a) "maritime labour certificate" means a certificate issued by the central government or any officer, authority or organisation authorised by  it in this behalf, in accordance with the provisions of the maritime labour convention;(b) "recruitment and placement service" means any person, company, institution, agency or other organisation, in public or private sector which is engaged in recruiting seafarers on behalf of employers or placing seafarers with the employers2062 (1) the central government may make rules for the classification of seafarers into different categories, the minimum manning scale of seafarers of such categories, and the different scales for different classes of ships25classification of seafarer, maritime labour standards and prescription of minimum scale(2) notwithstanding anything contained in any other law for the time being in force, the provisions of this act shall apply to the seafarer employed or engaged as a member of the crew of a ship63 (1) the provisions relating to maritime labour standards as contained in the maritime labour convention, shall apply to all seafarers and ships registered under this act, but does not include,—30application of maritime labour standards to seafarers and ships(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;35(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, by order, extend the provisions of the said sub-section to any category of ship with such exceptions and modifications as it may consider necessary40(3) every indian ship referred to in sub-section (1), wherever it is, and every ship other than an indian ship while within the jurisdiction of india shall, subject to such conditions as may be prescribed, be in possession of a certificate issued in accordance with the provisions of the maritime labour convention(4) no ship shall proceed to sea unless it is in possession of certificate issued under sub-section (3)4564 it shall be the duty of shipping masters,—duties of shipping master(a) to monitor the engagement and discharge of seafarer in the manner providedunder this act;(b) to issue such continuous discharge certificate and seafarer's identitydocument as may be prescribed;5(c) to hear and decide disputes between a master, owner or agent of ship andany of the crew of the ship including those under section 77;10(d) to transmit the complaint of any dispute of a foreign seafarer of a ship,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 to forward a copy of such complaint to the director-general of international labour organisation;(e) to perform such other duties relating to seafarers and merchant ships underthis act as the central government may, by general or special order, specify65 it shall be the business of the seafarer's employment office,—15business of seafarer's employment office(a) to issue licence, to regulate and control the recruitment and placement serviceand to—(i) ensure that no fees or other charges for recruitment and placement ofseafarers are borne directly or indirectly or in whole or in part, by the seafarers;20(ii) ensure that adequate machinery and procedures exists for theinvestigation, if necessary, of complaints concerning the activities of recruitment and placement services;(b) to perform such other functions and duties as may be prescribed66 (1) the seafarer shall be engaged only by,—| supply         ||----------------|| recruitment or || engagement of  || seafarer      |25(a) recruitment and placement service possessing the licence issued under theprovisions of section 65; or(b)  owners in the case of indian vessel for the vessel owned by them(2) no person, other than an owner of indian vessel in respect of the vessel owned by him, shall carry on the business of recruitment and placement service unless he is in possession of a valid licence issued under section 6530(3) no person shall engage any seafarer under this act in any ship, unless the seafarer is in possession of a continuous discharge certificate and seafarer's identity documents issued under sub-section (4) except as otherwise exempted35(4) the continuous discharge certificate and seafarer's identity document referred to in sub-section (3) shall be issued in such form and manner and on payment of such fees as may be prescribed(5) no person under the age of sixteen years shall be engaged or carried to sea to work in any capacity in any ship40(6) the central government may, by order, direct that the seafarers generally or any category of seafarers in particular shall not be engaged or carried to sea to work in any capacity in any ship or in any class of ships so specified, unless each one of them possesses such qualifications as may be prescribed45(7) except as otherwise provided under the rules made under sub-section (6), no person shall engage or carry to sea any seafarer to work in any capacity in any ship or in any class of ships specified in this behalf by the central government, unless the seafarer is in possession of a certificate to the effect that he is medically fit to be employed in that capacity granted in such form by such authority as may be prescribed(8) any person who claims to represent the interests of seafarers shall not demand or receive, either directly or indirectly, from any seafarer or person seeking employment as seafarer or any person on his behalf, any remuneration or donation or fees or compulsory subscription of any kind attributable from such seafarer or person's employment as seafarer, other than the fees authorised by this act5(9) there shall be no discrimination between seafarers,—(a) on the ground of their membership in any particular union claiming to represent the interests of seafarers and membership in such union shall not be a pre- condition,10(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(10) the central government or any officer authorised by it in this behalf, if satisfied that in the national interest or in the interest of seafarer it is necessary so to do, may, by order in writing, prohibit the master or owner or his agent of any ship other than an indian ship specified in the order from engaging any person to serve as a seafarer on such ship15(11) the central government may, by notification, fix the fees which shall be payable upon all engagements and discharges of the seafarer(12) the services of the seafarer engaged in contravention of sub-section (1) shall not be recognised for the purposes of certification under part iv20agreements with seafarers67 (1) the master of an indian ship, or owner of every indian ship or his agent shall enter into an articles of agreement in such form and manner as may be prescribed with every seafarer whom he engages and shall submit a copy thereof to the shipping master25(2) notwithstanding anything contained in any other provisions of this act, the master of an indian ship registered at a port outside india, or owner of such ship or his agent who has an agreement with the seafarer made in due form according to the law of that port or of the port in which her seafarer were engaged, may engage in any port in india—30(a) a seafarer who is not a citizen of india and who holds a continuous discharge certificate or any other similar document of identity issued by the competent authority of the 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 seafarer who is a citizen of india and who holds a continuous discharge certificate issued under this act, and any seafarer 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(3)  a seafarer's right,—35(a)  to wages and provisions shall be taken to begin 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;40(b) of wages shall not depend on the earning of the freight and seafarers are entitled to demand and recover the same notwithstanding that freight has not been earned45(4) a seafarer 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 shall be entitled, and shall not by any agreement abandon his right to wages in case of the 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 void68 the central government may, having regard to the provisions of the maritime labour convention, make rules in the matters relating to seafarer's employment officer for  all or any of the following matters, namely:—(a)payment of wages;power to make rules for enforcement of maritime labour convention5(b)hours of work and hours of rest;(c)entitlement to leave;(d)repatriation;(e)compensation, if ship loss or foundering;(f)manning levels;(g)service conditions including skill development and opportunities;10(h)accommodation, recreational facilities, food and catering;(i)health protection, medical facilities, welfare and social security protection;(j)any other matter which is to be or may be required for compliance and enforcement of maritime labour convention15wages ontermination of service forwreck, illness, etc69 (1) where the service of any seafarer engaged under this act terminates before the date specified 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 seafarer shall be entitled to receive,—(a) in the case of wreck, loss or abandonment of the ship,—20(i) wages at the rate to which he was entitled at the date of termination ofhis 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 wagesshall be not less than one month, and25(ii) compensation for the loss of his effect,—(a) in the case of a seafarer employed on a ship engaged for coastingtrade, of not more than one month's wages; and(b) in the case of a seafarer employed on a foreign-going ship, ofnot more than three month's wages;30(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 seafarer 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,—35(a) he was, or could have been, suitably employed; or(b) through negligence he failed to apply to proper authority for relief as adistressed or destitute seafarer40(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 seafarer, or, in the case of deceased seafarer, to the person nominated by him in this behalf under section 85 or if he has not made any such nomination or the nomination made by him is or has become void, to his legal heirs(4)  a seafarer shall be entitled to continue receiving the wages at the same rate till such time he returns home, if such seafarer is held in the captivity including in case of piracy in the course of his employment5explanation—for the purposes of item (b) of sub-clause (ii) of clause (a) of subsection (1) of this section, "foreign-going ship" means a ship employed in trading between any port or place in india and any other port or place outside india, or between ports and places outside india70 (1) a seafarer shall not be entitled to wages,—(a) for any period during which he is absent from duty without leave; or10(b) for any period during which he unlawfully refuses or neglects to work when required; orwages not to accrue during absence without leave, refusal to work orimprisonment(c) unless the court hearing the case otherwise directs, for any period during which he is lawfully imprisoned15(2) a seafarer shall not be disentitled to claim wages for any period during which he has not performed his duty if he proves that he was incapable of doing so by reason of illness, hurt or injury, unless it is proved that,—(a) his illness, hurt or injury was caused by his own wilful act or default or his own misbehaviour; or(b) his illness was contracted or his hurt or injury was sustained at a proper return port and was not attributable to his employment; or20(c) he has unreasonably refused to undergo medical or surgical treatment for his illness, hurt or injury involving no appreciable risk to his life25compensation to seafarers on premature discharge71 (1) if a seafarer having signed an agreement is discharged, otherwise than in accordance with the terms thereof, without fault on his part justifying the discharge and without his consent, he shall be entitled to receive from the master of the ship, owner of the ship or his 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—30(a) in the case of a seafarer who has been discharged before the commencement of a voyage, one month's wages; and(b) in the case of a seafarer who has been discharged after the commencement of a voyage, three month's wages (2) any compensation payable under this section may be recovered as wages3572 (1) as respects wages due or accruing to a seafarer,—(a) they shall not be subject to attachment by order of any court;restrictions on sale of and charge upon wages(b) an assignment thereof made prior to the accruing thereof shall not bind the person making the same;40(c) the power-of-attorney or authority for the receipt thereof shall not be irrevocable;(d) the payment of wages to a seafarer 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 seafarer 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 of45which is the provision for seafarer 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 assignment5(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 notesdischarge of seafarers73 (1) a seafarer serving in an indian ship shall, on termination of his engagement, be discharged in such manner as may be prescribed10(2)  if an indian ship is transferred or disposed of while she is at or on a voyage to any port outside india, every seafarer belonging to that ship shall be discharged at that port, unless he consents in writing to complete the voyage in the ship if continued(3) if a seafarer is discharged from an indian ship in terms of sub-section (1), the provisions of section 75 shall apply as if the service of the seafarer had terminated without his consent and before the expiration of the period for which the seafarer was engaged15(4) every seafarer discharged in terms of sub-section (2) shall, if the voyage for which he was engaged is not continued, be entitled to the wages to which he would have been entitled if his service had been wrongfully terminated by the owner before the expiration of the period for which the seafarer was engaged(5) the master of an indian ship shall not,—20(a) discharge a seafarer before the expiration of the period for which he was engaged, unless the seafarer consents to his discharge; or(b) except in circumstances beyond his control, leave a seafarer behind,25without the authority of the officer specified in this behalf by the central government and the officer aforesaid shall certify on the agreement with seafarer that he has granted such authority, and also the reason for the seafarer being discharged or the seafarer being left behind(6) the officer aforesaid to whom application is made for authority in terms of sub-section (5), shall investigate the grounds on which the seafarer is to be discharged or the seafarer left behind and may in his discretion grant or refuse to grant such authority:30provided that he shall not refuse to grant his authority if he is satisfied that the seafarer, without reasonable cause,—(a) has failed or refused to join his ship or to proceed to sea therein; or (b) has 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 hours35(7) the officer aforesaid shall keep a record of all seafarers discharged or left behind with his authority and whenever any charge is made against a seafarer under section 94, the fact that no such authority is so recorded shall be prima facie evidence that it was not granted40wages and property of deceased seafarers and seafarers left behind74 if any seafarer is left behind or lost overboard or is deceased, the master shall enter in the official logbook a statement of the amount due to the seafarer in respect of wages at the time when he was left behind or lost overboard or is deceased of all property left on board by him, and shall take such property into his charge and discharge the property in such manner as may be prescribed45repatriation of seafarer on termination of service at foreign port75 (1) when the service of a seafarer terminates without the consent of the said seafarer at a port outside india, and before the expiration of the period for which the seafarer was engaged, the master, owner of a ship or his agent shall, in addition to any other related obligation imposed on either of them by this act, make adequate provision for the maintenance of the seafarer according to his rank or rating, and for the return of that seafarer to a proper return port(2) if the master, owner of a ship or his agent fails without reasonable cause to comply with the provisions of sub-section (1), the expenses of maintenance and of the journey to the proper return port shall, if defrayed by the seafarer, be recoverable as wages due to him, and if defrayed by an indian consular officer, be regarded as expenses falling within the provisions of sub-sections (3) and (4) of section 865explanation—for the purposes of sub-section (2), inability to provide the said expenses shall not, be regarded as reasonable cause10certain undisbursed amounts to be utilised for welfare of seafarers76 subject to such restrictions and conditions as may be prescribed, any amount deposited with or recovered by the shipping master as wages or for making payment in accordance with the allotment note made by a seafarer or for being paid to a seafarer or his nominee may, if such amount remains unclaimed with the shipping master for a period of not less than six years, be utilised for the welfare of seafarer in such manner as the central government may direct1577 (1) where under the agreement with the seafarer any dispute arises at any port in india between the master, owner or agent of a ship and any of the seafarer of the ship, it shall be submitted to the shipping masterdecision of questions by shipping masters(2) any dispute of an indian seafarer, on a vessel registered in a country other than india, in indian territorial waters, with the master, owner of the ship or his agent may be submitted to the shipping master20(3) the shipping master shall hear and decide the dispute submitted under sub-sections (1) and (2) and make an award which shall be conclusive as to the rights of parties and any document relating to such dispute or award itself shall be prima facie evidence thereof25(4) any person aggrieved by the award made by the shipping master under this section may, within a period of thirty days from the date of receipt of such award, prefer an appeal before the principal officer having jurisdiction over the matter and the principal officer may, after giving the parties to the appeal an opportunity of being heard, pass an order within a period of forty-five days from the date of receipt of such appeal30(5) any person aggrieved by the order passed by the principal officer under this section may, within a period of thirty days from the date of receipt of order, prefer second appeal to the director-general who may, after giving the parties to the appeal an opportunity of being heard, pass an order within a period of forty-five days35(6) an award made under this section may be enforced by a judicial magistrate of  thefirst class or a metropolitan magistrate, as the case may be, in the same manner as an order of payment of wages made by such magistrate under this act26 of 1996(7) nothing in the arbitration and conciliation act, 1996 shall apply to any matter submitted to a shipping master for decision under this section40power of shipping master to require production of ship's papers78 in any proceedings under this act before a shipping master relating to the wages,claims or discharge of a seafarer, the shipping master may require the owner, master his agent or seafarer to produce any log books, 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 mattersummary proceedings for wages4579 (1) a seafarer or a person duly authorised by him may, as soon as any wages dueto him become payable but not paid, apply to 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 such magistrate shall try the case in a summary way and the order made by such magistrate in the matter shall be final(2) an application under sub-section (1) may also be made by any officer authorised by the central government in this behalf by general or special order80 a proceeding for the recovery of wages due to a seafarer shall not be instituted by or on behalf of any seafarer in any civil court except where,—restrictions on suits for wages(a) the owner of the ship has been declared insolvent;5(b) the ship is under arrest or sold by the authority of any court; (c) a judicial magistrate of the first class or a metropolitan magistrate, as thecase may be, refers a claim to the court10wages not recoverable outside indiain certaincases81  where a seafarer is engaged for a voyage which is to terminate in india, he shall not be entitled to sue in any court outside india for wages unless he is discharged with such sanction as is required by this act, and with the written consent of the master, or proves such ill-usage on the part, or by the authority, of the master, as to warrant a reasonable apprehension of danger to his life if he were to remain on board82 (1) the master of a ship shall, so far as the case permits, have the same rights, liensand remedies for the recovery of his wages as a seafarer has under this act or by any law or custom15remedies of master for wages, disbursements, etc20(2) the master of a ship or every person lawfully acting as master of a ship by reason of the disease 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 the recovery of his wages25(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 due30power to refer disputes between seafarers and their employers to tribunal83 (1) where the central government is of the opinion that any dispute between seafarer or any class of seafarers or of any union of seafarers and the owners of ships in which such seafarers are employed or are likely to be employed exists or is apprehended and such dispute relates to any matter connected with or incidental to the employment of the seafarers, the central government may, by notification, constitute a tribunal consisting of one or more persons, having knowledge of maritime matter, and refer the dispute for adjudication5 of 1908(2) the tribunal shall not be bound by the procedure laid down by the code ofcivil procedure, 1908 but shall be guided by the principles of natural justice3510 of 1872(3) the tribunal shall also not be bound by the rules of evidence contained inthe indian evidence act, 18725 of 1908(4) the tribunal shall, for the purposes of discharging its functions under thisact, 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, while trying a suit in respect of the following matters, namely:—40(a) summoning and enforcing the attendance of any person and examining himon oath;(b) compelling the production of documents; (c) receiving evidence on affidavits;45(d) issuing commissions for the examination of witnesses; (e) any other matter which may be prescribed45 of 1860(5) 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(6) no party to a dispute shall be entitled to be represented by a legal practitioner in any proceeding before the tribunal except with the consent of the other party or parties to the proceeding and with the leave of the tribunal5(7) the tribunal shall dispose of the reference within a period as may be specified in the notification under sub-section (1) and submit its award to the central government(8) on receipt of the award, the central government shall cause it to be published and the award shall become enforceable on the expiry of thirty days from the date of such publication:10provided that where the central government is of  the opinion that it shall 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 be15(9) an award which has become enforceable under this section shall be binding on—(a) all parties to the dispute; (b) where any party to the dispute is the owner of the ship, his heirs, successors, or assigns20(10) save as otherwise provided in the award, an award shall remain in operation for a period of one year from the date on which it becomes enforceable and shall thereafter continue to remain in operation until a period of two months has elapsed from the date on which notice is given by any party bound by the award to the other party or parties intimating its intention to terminate the award25(11) unless otherwise directed by the central government, the tribunal shall cease to exist on the expiry of a period of thirty days after publication of the award(12) any money due to a seafarer from the owner of a ship under an award may be recovered as wages14 of 194730(13) nothing contained in the industrial disputes act, 1947, shall apply to any dispute between seafarers or any class of seafarers or any union of seafarers and the owners of ships in which such seafarers are employed or are likely to be employed(14) during the pendency of proceedings under this section,—35(a) no seafarer or class of seafarers or union of seafarers shall go or remain on strike or otherwise act in a manner prejudicial to the normal operation of the ships in which the seafarer is employed or are likely to be employed; and(b) no owner of a ship shall,-(i) alter to the prejudice of the seafarer concerned in the dispute, the conditions of service applicable to them immediately before the commencement of such proceedings; or40(ii) discharge or punish any seafarer in respect of any matter connected with the disputerecovery of wages, etc, of seafarers lost with their ship4584 (1) where a seafarer 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 master or owner of a ship or his agent in the same court and in the same manner in which the seafarer's wages are recoverable, and shall deal with those wages in the same manner as with the wages and compensation due to other deceased seafarers under this act5(2) in any proceeding 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 probablenomination85 (1) a seafarer may, for the purposes of sub-section (3) of section 69, nominate any person or persons:10provided that if the seafarer has a family, he may nominate for the purposes aforesaid any one or more members of his family only and if a seafarer 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 prescribed15relief and maintenance of distressed seafarers86 (1) the indian consular officer at or near the place where a seafarer is in distress shall, on application being made to him by the distressed seafarer, provide in accordance with the rules made under this act for the return of that seafarer to a proper return port, and also for the said seafarer's necessary clothing and maintenance until his arrival at such port20(2) a distressed seafarer 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 rules25(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 seafarer in respect of whom they were incurred belonged at the time of his discharge or other event which resulted in his becoming a distressed seafarer shall be liable, and the owner or agent shall not be entitled to recover from the seafarer any amount paid by him to the central government in settlement or part settlement of such debt30 35(4) all excepted expenses incurred by or on behalf of the central government inaccordance with the provisions of this act shall constitute a debt due to the central government for which the seafarer in respect of whom they were incurred and the owner or the agent of the ship  to which that seafarer belonged at the time of his discharge or other event which resulted in his becoming a distressed seafarer shall be jointly and severally liable, and theowner or agent shall be entitled to recover from the seafarer any amount paid by him to the central government in settlement or part settlement of such debt, and may apply to the satisfaction of his claim so much as may be necessary of any wages due to the seafarer40(5) all excepted expenses incurred in accordance with the provisions of this act inrespect of any distressed seafarer 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 seafarer shall constitute a debt due to the owner or agent for which the seafarer 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 seafarer; but he shall not be entitled to recover from the seafarer any repatriation expenses other than excepted  expenses45(6) in any proceedings for the recovery of any expenses which in terms of sub-section (3)or sub-section (4) are a debt due to the central government, the production of an account ofthe 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 inaccordance with the provisions of this act by or on behalf of the central government50(7) any debt, which may be due to the central government under this section, may berecovered by any officer authorised by it in writing in this behalf from the person concerned in the same manner, as the wages are recoverable under section 79(8)  the central government may, make rules with respect to relief, maintenance and return to the proper port of a seafarer found in distress in any place out of india and with respect to the circumstances in which and the conditions subject to which the seafarer may be relieved and provided with passages under this part and generally to carry out the provisions of this part relating to distressed seafarer5explanation—for the purposes of this section,—(a) "excepted expenses" means repatriation expenses incurred in cases where the cause of the seafarer being left behind is desertion or absence without leave or imprisonment for misconduct or discharge from his  vessel  on the grounds of misconduct;10(b) "repatriation expenses" means expenses incurred in returning a distressed seafarer to a proper return port and in providing him with necessary clothing and maintenance until his arrival at such a port, and includes in the case of a shipwrecked seafarer the repayment of expenses incurred in conveying him to a port after shipwreck and maintaining him while being so conveyed15evidence of distress87 in any proceeding under this part, a certificate of the central government or of such officer as the central government may specify in this behalf, to the effect that any seafarer named therein is distressed shall be conclusive evidence that such seafarer is distressed within the meaning of this act88 (1) a shipping master, surveyor, seafarer's welfare officer, indian consular officer or any other officer at any port duly authorised in this behalf by the central government shall,—20inspection by shipping master, etc(a) in the case of any ship upon which the seafarer has been shipped at that port, at any time, and(b) in the case of any indian ship, at any time, and if the master or three or more of the crew so request,25enter on board the ship and inspect,—(i) the provisions and water; (ii) the weights and measures;30(iii) the accommodation for seafarers, 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;(iv) maritime labour certificate and declaration of maritime labour compliance35(2) all indian ships 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(3) ships not covered under sub-section (2) shall, unless exempted by the central government, possess such certificate in such manner and form as may be prescribed40(4) for the purpose of preventing seafarer 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 seafarer's employment office, may enter at any time on board any such ship upon which he has reasons to believe that seafarers have been shipped, and may muster and examine the several seafarers employed thereinexplanation— for the purposes of this section,—45(a) "declaration of maritime labour compliance" means a declaration issued by the central government or by any officer, authority or organisation authorised by  it 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;(b) "international voyage" means a voyage from or to a port or place in india to or from a port or place outside india or between any ports outside india589 (1) a seafarer shall, for the purposes of this part, be deemed to be a serving seafarer during any period commencing on the date of the agreement with the crew and ending thirty days after the date on which the seafarer is finally discharged from such agreement10special provisions for the protection of seafarers in respect of litigation(2) if any person presenting any plaints, applications or appeal to any court has reason to believe that any adverse party is serving seafarer, he shall make a statement accordingly in such plaint, application or appeal(3) if any collector has reason to believe that any seafarers who ordinarily resides or has property in his district and who is a party to any proceeding pending before any court is unable to appear therein or is a serving seafarer, the collector may certify the facts to the court15(4)  if a collector has certified under sub-section (3) or if a court has reason to believethat a seafarer who is a party to any proceeding before the court, is unable to appear therein or is a serving seafarer, 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 if,—20(a) the proceeding is one instituted or made by the seafarer, alone or conjointly with others, with the object of enforcing a right of pre-emption; or25(b) the interests of the seafarer 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(5)  if it appears to the court before which any proceeding is pending that a seafarer 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 master30(6) if on receipt of a notice under sub-section (4) or sub-section (5), the shippingmaster certifies to the court, that the seafarer is a serving seafarer, the court shall thereupon postpone the proceeding in respect of the seafarer for such period as it thinks fit:35provided that if by reason of the continued absence of the seafarer the question of anyfurther postponement of the proceeding in respect of the seafarer arises, the court shall in deciding the question have regard to the purposes of the provisions of this act conferring special protection on seafarer in respect of litigation40(7) if the shipping master either certifies that the seafarer is not for the time being aserving seafarer or fails within two months from the date of the receipt of the notice under sub-section (4) or sub-section (5), as the case may be, to certify that the seafarer is a serving seafarer, the court may, if it thinks fit, continue with the proceeding45(8) where in any proceeding before a court, a decree or order has been passed againstany seafarer while he was a serving seafarer, the seafarer, or if he dies while he is a serving seafarer, his legal representative, may apply to the said court to have the decree or order to be set aside, and if the court, after giving an opportunity to the opposite party of being heard, is satisfied that the interests of justice requires that the decree or order to be set aside as against the seafarer, 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 (2), award, subject tosuch conditions as it thinks fit to impose, damages against such opposite party5 36 of 1963(9) the period of limitation for an application under sub-section (8) shall be sixty days from the date on which the seafarer first ceases to be a serving seafarer after the passing of the decree or order, or where the summons or notice was not duly served on the seafarer 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, 1963, shall apply to such applications(10) where the decree or order in respect of which an application under sub-section (8) is made is of such a nature that it cannot be set aside as against the seafarer only, it may be set aside as against all or any of the parties against whom it was made10(11) 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 passed36 of 196315(12) in computing the period of limitation provided in the foregoing provisions or in the indian limitation act, 1963, or in any other law for the time being in force, for any suit, appeal or application to a court to which a seafarer is a party, the period or periods during which the seafarer has been a serving seafarer, and if the seafarer  has died while he was a serving seafarer, 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:20provided 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 presumption except in such areas and in such circumstances as the central government may, by notification, specify in this behalf(13) if any court is in doubt whether, for the purposes of this section, a seafarer is or was at any particular time or during any particular period a serving seafarer, it may refer the question to the shipping master, and the certificate of the shipping master shall be conclusive evidence on the question25facilities for making complaint90 if a seafarer states to the master that he desires to make a complaint to 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 person authorised by the  central government in this behalf shall,—30(a) if the ship is then at a place where there is a judicial magistrate of the firstclass or a metropolitan magistrate, as the case may be, or other proper officer, as soon after such statement as the service of the ship shall permit, and(b) if the ship is not then at such place, as soon after her first arrival at such placeas the service of the ship shall permit,35allow the complainant to go ashore or send him ashore under proper protection so that he may be enabled to make the complaintassignment or sale of salvage invalid91 subject to the provisions of this act, an assignment of salvage payable to aseafarer 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 irrevocable40ship not to be boarded without permission4592 where a ship has arrived at a port or place in india at the end of a voyage and anyperson, 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, the master of the ship may take such person into custody and deliver him up forthwith to a police officer to be taken before a judicial magistrate of the first class or a metropolitan magistrate, as the case may be, to be dealt with according to the provisions of this act93 no seafarer belonging to an indian ship wherever it may be, or to any other ship,while in india, shall knowingly,—misconduct endangering life or ship50(a) do anything tending to the immediate loss or destruction of, or seriousdamage 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 injury94 (1) no seafarer lawfully engaged shall,—5(a) desert his ship; ordesertion and absence without leave10(b) neglect or refuse, without reasonable cause, to join the ship or to proceed tosea 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 seafarer is engaged or to which he belongs is unseaworthy shall be deemed to be a reasonable cause:15provided that the seafarer 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, seafarer'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 unseaworthy20(3) if it is shown to the satisfaction of a shipping master that a seafarer has deserted his ship or has absented himself without leave and without sufficient reason from his ship or from his duty, the shipping master shall forthwith make a report to that effect to the director- general who may thereupon direct that the seafarer's continuous discharge certificate and seafarer identity document shall be withheld for such period as may be specified in the direction25(4) if a seafarer deserts his ship or is absent without leave and without sufficient reason from his ship or from his duty, the master, any seafarer, the owner or agent of the owner of the ship may, without prejudice to any other action that may be taken against the seafarer 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 case30(5)  if, either at the commencement or during the progress of any voyage, a seafarer 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 of the ship may, if and so far as the laws in force in the place shall permit, arrest him without first procuring warrant(6)  no person shall convey on board or arrest a seafarer on improper or insufficient  grounds35 40(7) where a seafarer is brought before a court on the ground of desertion or ofabsence 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 behalf 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 earned95 a seafarer lawfully engaged shall be guilty of an offence against discipline if he commits any of the following acts, namely:—general offences against discipline45(a) if he quits the ship without leave after her arrival at her port of delivery andbefore she is placed in security;(b) if he wilfully disobeys any lawful command or neglects the duty; (c) if he continues to wilfully disobey any lawful commands or continues withwilful neglect of duty;(d) if he assaults the master or any other officer of, or a seafarer belonging to theship;(e) if he combines with any of the crew to disobey lawful commands or to neglectduty or to impede the navigation of the ship or retard the progress of the voyage;5(f) if he wilfully damages his ship or commits criminal misappropriation or breachof trust in respect of, or wilfully damages any of, her stores or cargo;(g) if he has received an advance payment  on the basis of his agreement andwilfully or through misconduct fails to attend his ship or desert therefrom before the payment becomes due to him10smuggling of goods byseafarer96 (1) if a seafarer engaged 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 be retained in satisfaction on account of that liability without prejudice to any other remedy15(2) if a seafarer engaged is convicted of an offence of smuggling any goods, the director-general may direct that the seafarer's  continuous discharge certificate and seafarer's identity document  shall be cancelled or shall be suspended for such period as may be specified in the direction2097 (1) 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—entry of offences in official log book(a) an entry of the offence or act shall be made in the official log book and signedby the master, the officer on watch;25(b) the offender, if still in the ship, shall, before the next subsequent arrival of theship 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;30(c) a statement of a copy of the entry having been so furnished and the entryhaving been so read over and the reply, if any, made by the offender shall likewise be entered and signed in the manner aforesaid; and(d) in any subsequent legal proceedings the entries by this section requiredshall, 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 misconduct35report of desertions and absences without leave98 whenever any seafarer engaged outside india on an indian ship deserts or otherwiseabsents 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 returns40entries and certificates of desertion abroad99 (1) in every case of desertion from an indian ship whilst such ship is at any placeout 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 entry45(2) the master shall forthwith transmit such copy of entry certified undersub-section (1) to the shipping master at the port at which the seafarer was shipped, and theshipping master shall, if required, cause the same to be produced in any legal proceeding(3) such copy of the entry, if purporting to be so made and certified as provided under sub-section (1), shall, in any legal proceeding relating to such desertion, be admissible in evidencefacilities for proving desertion in proceedings for forfeiture of wages5100 (1) whenever a question arises whether the wages of any seafarer are forfeited for desertion from a ship, it shall be sufficient for the person insisting on the forfeiture to show that the seafarer 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 seafarer 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 ship10application of forfeitures101 (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 or his agent of the ship, and subject to that reimbursement, shall be paid to the central government15(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 accordingly20102 any question concerning the forfeiture of or deductions from the wages of a seafarer may be determined in any proceeding lawfully instituted with respect to those wages, notwithstanding that the offence in respect of which the question arises, though by this act made punishable by imprisonment as well as forfeiture has not been made the subject of any criminal proceeding| decision       | of   ||----------------|------|| questions of   |      || forfeiture and |      || deduction in   |      || suits          | for  || wages         |      |25103 (1) every fine imposed on a seafarer for any act of misconduct under his agreement shall be deducted and paid as follows, namely:—payment of fines imposed under agreement to shipping master(a) if the offender is discharged at any port or place in india and the offence andsuch entries in respect thereof as aforesaid are proved to the satisfaction of the shipping master, the master or owner or agent shall deduct such fine from the wages of theoffender and pay the same to such shipping master; and30 35(b) if the seafarer is discharged at any port or place outside india and the offenceand 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 asaforesaid, 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 such fine to the shipping master(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 shipping master under this section shall be utilised for the welfare of seafarers in such manner as the central government may direct40seafarer not to be enticed to desert104 (1) no person shall by any means whatever persuade or attempt to persuade aseafarer to neglect or refuse to join or proceed to sea in or desert from his ship, or otherwise to absent himself from his duty45(2) no person shall harbour or secrete a seafarer who has wilfully neglected or refused to join or has deserted from his ship, knowing or having reason to believe the seafarer to have so done:provided that the provisions of this sub-section shall not extend to the case in which the harbour or secreting is by the spouse of the seafarer50105 (1) no person shall secrete himself and go to sea in a ship without the consent ofeither 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 consentstowaways and seafarers carried under compulsion5(2) every seafaring person 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 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 arrival of the ship10on change of master, documents tobe handedover to successor15106 (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 and a handing over note enlisting such documents(2) on receipt of such documents and the handing over note, the successor shall make an entry in the official log book to that effect which shall also be endorsed by the predecessordeserters from foreign ships20107 (1) where it appears to the central government that due facilities are or shall be given by the government of any country outside india for recovering and apprehending seafarers who desert from indian ships in that country, the central government may, by notification, stating that such facilities are or shall be given, declare that this section shall apply to seafarers belonging to ships of such country, subject to such limitations or conditions as may be specified in the notification25 30(2) where this section applies to seafarers belonging to ships of any country and a seafarer deserts from any such ship, when within india, any court that would have taken cognizance of the matter if the seafarer 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 or 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 accordinglyofficial logbook108 (1) except a ship of less than two hundred tons gross, there shall be kept anofficial log book in such form and such manner as may be prescribed35(2) the master, owner or agent of every ship for which an official log book is required to be kept under this act shall, deliver the official log book to the shipping master as and when required by the shipping master(3) no person shall make or procure to be made or assist in making any entry in 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 arrival40109 (1) the central government may make rules to carry out the provisions of this partpower to make rules for this part(2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely;-(a) the conditions under sub-section (3) of section 6345(b) the continuous discharge certificate and seafarer's identity documents under clause (b) of section 64;(c) the other functions and duties of the seafarer's employment offices under clause (b) of section 65;(d) the form, the manner of the issue of continuous discharge certificate and seafarer's identity documents and fees for such discharge certificate and identity documents under sub-section (4) of section 66;(e) the qualifications of the seafarer engaged or carried to sea to in any capacity in any ship under sub-section (6) of section 66;5(f) the form of certificate to be possessed by seafarer and the authority whogrants that certificate to the effect that the seafarer is medically fit under sub-section (7) of section 66;(g) the form of agreement and manner of making agreement undersub-section (1) of section 67;10(h) the manner of discharge from service of seafarer under sub-section (1) ofsection 73;(i) the manner of discharge of property under section 74; (j) the  restrictions and conditions for  utilisation of  any amount deposited withor recovered by shipping master under section 76;15(k) any other matter relating to functions of the tribunal under clause (e) of subsection (4) of section 83;(l)  the form of nomination, cancellation or variation of such nomination and allother matters connected with the nominations under sub-section (2) of section 85;20(m)  the form  of  certificate and the manner of possession of such certificateunder sub-section (3) of section 88;(n) the form and manner of keeping log book under sub-section (1) ofsection 108;(o) any other matter which is required to be or may be prescribed part  vi25 safety and secuirity110 this part shall, unless otherwise exempted, apply to,—application of this part(a)  indian vessel, except vessel covered under part xiii,  on matters relating to safety and security;30(b) vessel other than indian vessel when such vessel is within india, including waters within the jurisdiction of india on matters relating to safety and security;(c) port facility, on matters relating to security; and (d) company, on matters relating to safety and security of the vessel111 in this part, unless the context otherwise requires,—definitions35(a) "company" means the owner of the vessel or any other organisation or person such as the manager, or the bareboat charterer, who has assumed the responsibility for operation of the   vessel from the owner of the   vessel and who on assuming such responsibility has agreed to take over all the duties and responsibilities imposed by the international safety management code under the safety convention;40(b) "port facility" means any location or area including anchorages or awaitingberths or approaches from seaward as determined by the central government where interface between   vessel or a   vessel and a port takes place;(c) "voyage" means the whole time and distance between the vessels port orplace of departure and her final port or place arrival;45(d)  words and expressions used in this part but not defined, shall have the samemeanings as assigned to them in the conventions as referred to in section 112112 (1) every vessel shall, subject to such conditions as may be prescribed, comply with the provisions of the following convention or agreement, as applicable, namely:—safety and security requirements(a) the safety convention; (b) the load lines convention;5(c) the special trade passenger ships agreement,1971; (d) the convention on the international regulations for preventing collisions atsea, 1972;(e) the international convention on maritime search and rescue, 1979; (f) the tonnage measurement convention, 1969; (g) international convention for safe containers, 1972;10(h) any other convention or agreement or any treaty relating to safety or securityto which india is a party:provided that vessels, to which the provisions of the above conventions are not applicable, shall comply with such safety and security requirements as may be prescribed15(2) the safety and security requirements for different classes of vessels and certificates to be held by such vessels shall be such as may be prescribedreporting of incidents113 (1) when an incident relating to the safety and security takes place on a vessel,the master of vessel shall report the particulars of such incident   to such authority in such manner as may be prescribed20(2) when an incident takes place relating to the loss or likely loss overboard of dangerous goods in packaged form into the sea, or dangerous goods in solid form in bulk into the sea, or any incident impeding safe navigation, the master of every vessel shall report the particulars of such incident   to such authority in such manner as may be prescribed25(3) the vessel referred to in sub-section (1) or sub-section (2) being abandoned, or a report from such vessel being incomplete, the central government shall fix the responsibility on the master of the vessel30114 (1) the master of an indian vessel, on receiving at sea a signal of distress or information from any source that a vessel or aircraft is in distress, shall proceed with all speed to the assistance of the persons in distress (informing them if possible that he is doing so) unless he is unable or in the special circumstances of the case considers it unreasonable or unnecessary to do so or unless he is released from such obligation under the provisions of sub-section (3) or sub-section (4)obligation to render assistance on receiving signal of distress and to persons in danger35(2) where the master of any   vessel in distress has requisitioned any indian vessel that has answered his call, it shall be the duty of the master of the requisitioned vessel to comply with the requisition by continuing to proceed with all speed to the assistance of the persons in distress unless he is released from the obligation under 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 vessels   other than his own and that the requisition is being complied with by the vessel  or  vessels  requisitioned40(4) the master shall be released from the obligation imposed by sub-section (1), and if his   vessel 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 vessel  that has reached the persons in distress that assistance is no longer required45(5) if the master of an indian vessel on receiving at sea a signal of distress or information from any source that a vessel or aircraft is in distress is unable or in the special circumstances of the case considers it unreasonable or unnecessary to go to the assistance of the persons in distress, he shall forthwith cause a statement to be entered in the official 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 persons5(6) the master of every indian vessel for which an official logbook is required shallenter 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 sea10(7) the master of every indian   vessel shall render assistance to every persons foundat sea in danger of being lost, unless he is unable or, in the special circumstance of the case, considers that such assistance cannot be rendered without serious danger to his vessel, or the persons thereon(8) if the master of an indian  vessel is unable or consider it unreasonable to go to the assistance of a person found at sea in danger of being lost, the master shall forthwith cause a statement to be entered in the official 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 person15search and rescue services80 of 197620115 the central government may make arrangements for search and rescue servicesfor dealing with distress situation at sea, including territorial waters of india or any marine areas adjacent thereto over which india has, or may have jurisdiction 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 or such territory under international convention on maritime search and rescue, 1979  and agreement related thereto and such services shall include the establishment of rescue co-ordination centers and sub-centersradio communication requirements116 every indian vessel shall be equipped and maintained with such communicationequipment, distress and safety equipment and shall be provided with such certified operators as may be prescribed25information about vessel stability117 every indian vessel shall carry on board such information relating to the stabilityof the vessel, and the effects of any damage, control and general precautions necessary to maintain watertight integrity of the vessels, duly approved, as required under the provisions of safety convention, and the load line convention, or the safety and security requirements in accordance with the provisions of section 11230explanation—for the proposes of this section, "load line convention" means theinternational convention on load lines, 1966 and its protocolssubmersion of load lines35118 (1) no vessel, other than a vessel exempted from the provisions of this part relating to load lines, shall be so loaded as to submerge in salt water, when the vessel has no list, the appropriate load line on each side of the vessel, that is to say, the load line indicating or purporting to indicate the maximum depth to which the vessel is for the time being entitled under the load line rules to be loaded(2) without prejudice to any other proceedings under this act, any vessel which is loaded in contravention of this section may be detained until she ceases to be so loaded40no vessel to carry passenger without a certificate119 (1) no vessel shall carry 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 all certificates required under this part in force(2) the central government may, by general or special order, specify the conditions relating to,—(a) passenger accommodation;45(b) scale of passenger and crew amenities to be provided; (c) space or disallowance of any space on a vessel ; (d) scale of provisions and water to be provided;(e) hospital accommodation and medical facilities; (f) the conditions for carriage of cargo and livestock; and (g) any other matter to carry out the purposes of this part5(3)  subject to the conditions specified in sub-section (2), the master of a passenger vessel departing or proceeding on a voyage shall make a statement about the passengers on board the vessel in such form as may be specified by the central government in this behalf120 no vessel shall proceed to sea unless there is in force in respect of such vessel the certificates required under the convention or agreement referred to in section 112vessel not to proceed to sea without valid safety and security certificatesoffences121 (1) if any person who, -(a) being drunk or disorderly attempts to enter a vessel; or10(b) on board molest or continues to molest any person on board; or (c) travels or attempts to travel without payment of fare; or (d) wilfully refuses or neglects to quit the vessel on arrival at destination; or (e) fails to exhibit his ticket when requested by the master or other officer; or15(f) misconducts himself in such a manner as to cause annoyance or injury topersons on board; or(g) carries any substance that could jeopardize the safety or security of the vessel, lives onboard or the environment in general, he shall be guilty of an offence under this sub-section20(2) the master may refuse to receive on board any person referred to in sub-section (1), and if any such person is on board, may  put him on shore, and  the person so refused admittance or put on shore shall not be entitled to return of any fare he has paid25(3) the master or other officer of any such vessel and all persons called by him or other officer to his assistance, without warrant, may detain any person who commits any offence under sub-section (1) and convey the offender with all convenient dispatch before the nearest police station to be dealt with in accordance with the law122 (1)  no vessel shall carry or attempt to carry cargo in contravention of section 120or shall have on board or in any part thereof a cargo which is not in accordance with the certificate  held by the vesselvessel not to carry cargo or passengers in contravention of act30(2) no vessel shall carry or attempt to carry passengers in contravention of section120 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 held by the vessel(3) if the master of any vessel which carries or attempts to carry cargo or passengers in contravention of this section he shall be liable to have his certificate of competency cancelled or suspended for such a period as the central government may, by order, specify in this behalf35unseaworthy vessel not to be sent to sea40123 (1) every person who sends or attempts to send a vessel which is not in a seaworthy condition to sea so that the life of any person is likely to be thereby endangered shall, unless he proves that he used all reasonable means to ensure 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 a vessel who knowingly takes a vessel which is not in seaworthy condition 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 for an offence under sub-section (2) shall be instituted except by, or with the written consent of the central government5obligation of owner to seafarer with respect to seaworthiness10124 (1) in every contract of service, express or implied between the owner of a vesseland the master or any seafarer thereof, 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 vessel or the preparing thereof for sea, or the sending thereof to sea, shall use all reasonable means to ensure the seaworthiness of such vessel for the voyage at the time when such voyage commences, and to keep her in a seaworthy state during the voyage(2) for the purpose of verifying 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 vessel by a surveyor or any person so authorised15125 (1) every vessel, company or port facility, as the case may be, shall comply withsuch requirements as may be prescribed for safety management and security managementsafety and security management(2) the central government or a person authorised by it shall arrange for the audit of the vessel, company or port facility for the purpose of sub-section (1)20(3) the central government or a person authorised by it, may set different levels ofsecurity and provide such information thereof to all the port facilities, and all vessels entering into any port facility25control measures and detention of vessels126 (1) no vessel shall enter into or sail out of or operate within the port, terminal,anchorages, port facilities, indian offshore facilities or indian territorial waters without complying with such provisions with regard to insurance, classification and condition of vessel or any other relevant requirements for the purposes of this part as may be prescribed30(2) the surveyor may inspect any indian vessel or any vessel other than an indianvessel, whilst at a port or place in india for the purpose of this part and if it is found on any inspection that the vessel is not complying the provisions of this part or any international convention to which india is a party, the surveyor shall report it to the principal officer35(3) on receipt of report under sub-section (2), the principal officer may take suchaction as may be necessary, including detention of such vessel, till such time the vessel is incompliance with the provisions of this part or provisions applicable under the international conventions, and may allow such vessel to proceed to sea, if it does not pose an unreasonable threat to safety or security or environmentliability for costs and damage when vessels detained40127 (1) if it appears that there was no reasonable or probable cause, by reason of thecondition of the vessel or the act or default of the owner or master, for detention of the vessel, the central government shall be liable to pay to the owner of the vessel his costs of and incidental to the detention of the vessel and also compensation for any loss or damage sustained by him by reason of detention(2) if a vessel is detained under this part by reason of the condition of the vessel ordue to the act or default of the owner or master, the owner of a vessel shall be liable to pay to the central government its costs of and incidental to the detention and survey of the vessel and the vessel shall not be released until such costs are paid and faults are rectified45power to make rules128 (1) the central government may make rules for safety and security requirementsapplicable to vessel, company or port facility under this part(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:—50(a) the conditions under sub-section (1) section 112 and  the safety and securityrequirements under proviso to sub-section (1) that section;(b) the safety and security requirements for different classes of vessels and the certificates under sub-section (2) of section 112;(c) the manner of reporting the particulars of incidents and the authority to whom such particulars to be reported under sub-section (1) of section 113;5(d)  the manner of reporting the particulars of incidents and the authority to whom such particulars to be reported under sub-section (2) of section 113;(e) the communication equipment, distress and safety  equipment to be equipped and maintained, and the certified operators to be provided under section 116;(f) the requirements for safety management or security management under subsection (1) of section 125;10(g)   the provisions with regard to insurance, classification and condition of vessel or any other relevant requirements under sub-section (1) of section 126; and(h) any other matter which is required to be or  may be prescribed part vii15 prevention, containment of pollution from vessel and response129 save as otherwise provided, this part shall apply to,—application of this part(a) every indian vessel; (b) every vessel other than an indian vessel;20(c) vessel not entitled to fly the flag of india but which operate under the authority of india;2580 of 1976(d) any vessel that enters 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 or any other law for the time being in force; and30(e) any incident of marine casualty or any act relating to such casualty occurring with grave and imminent danger to indian coast line or maritime zones of india or related interests from pollution or threat of pollution in the sea or air either by deliberate, negligent or accidental release of oil, ballast water, noxious liquid substance, garbage, sewage, waste, harmful anti-fouling substances, harmful emissions or any other harmful substance including such incidents occurring on the high seas;(f) port shipyard or offshore terminal for the purpose of providing reception facilitiesdefinitions130 in this part, unless the context otherwise requires,—3580 of 1976(a) "coastal waters" means any part of territorial waters of india, or any marinearea 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;40(b) "harmful substance" means any substance, or form of energy, which, ifintroduced into the sea or air, is liable to create hazards to human health, harm living resources and marine life, damage amenities or interfere with other legitimate uses of the sea, air and includes any substance subject to control by any of the conventions to which india is a party;45(c) "vessel" means a vessel of any type whatsoever operating in the marine oraquatic 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 units5131 (1) unless otherwise expressly provided, all vessels shall be under an obligationto prevent discharge or emission of harmful substances or mixtures containing such substances and for that purpose, the central government may make rules requiring indian vessel to be fitted with such equipment and to comply with such requirements relating to construction, survey of equipment and structure of such vessel and specifying conditions, prior to issuing a certificate under this partcontrol of discharge or emission of harmful substances or dumping at sea10(2) for the purpose of ensuring that the provisions of this section have been compliedwith, the central government may, either at the request of the owner or otherwise, arrange for the survey of the hull, equipment or machinery of any  vessel by a surveyor and, if found fit, shall issue a certificates in accordance with the provisions of this act and rules made there under in such form and for such duration subject to such conditions as may be prescribed15(3) the central government may take all steps to prevent the pollution of the sea bythe dumping of waste and other matter by vessels that is liable to create hazards to human health, to harm living resources and marine life, to damage amenities or to interfere with other legitimate uses of the sea132  every vessel shall, subject to such conditions as may be prescribed, comply with the provisions of the following convention, as applicable, namely:—(a) the marpol convention;20(b) the anti-fouling systems convention;requirements of prevention and containment of pollution and response(c) the ballast water management convention; (d) any other pollution prevention convention or agreement or treaty to whichindia is a party:25provided that the vessel, to which the provisions of the above conventions are notapplicable, shall comply with such pollution prevention requirements as may be prescribed:provided further that the vessel shall possess such different types of certificates and documents depending on the type, size, nature and area of operation of the vessel as may be prescribed30133 no vessel shall proceed to sea unless there is in force in respect of such vessel thecertificates required under the convention or agreement or treaty referred to in section 132vessel not to proceed to seawithout validpollution prevention certificatesrecord books134 (1) every indian vessel shall maintain such books of record in such form and manner as may be prescribed35(2) the manner in which record books  shall be maintained, the nature of entries to bemade therein, the custody and disposal thereof , and all other matters relating thereto shall be such as may be prescribedreception facilities135 (1) the  port, shipyard, ship breaking yards, ship repair unit, offshore facilities and terminals taking into account the international standards, shall provide such reception facilities  and surveillance, supervision and guidance thereof as may be prescribed40(2)  the central government may give directions to be compiled with by the portauthorities, shipyard,  ship breaking yards ship repair unit, offshore facilities and terminals to take appropriate measures in its territory to require that wastes generated during operation, repair and re-cycling of vessel are collected, handled, treated and disposed of in a safe and environmentally sound manner, to protect human health and the environment45(3) notwithstanding anything contained in any other law for the time being in force, inrespect of every port or place in india, the powers of the port authority or such persons under whose supervision such place is operated shall include the power to provide reception facilities in accordance with the requirements of the convention(4)  a port authority providing reception facilities or a person providing such facilities by arrangement with the port authority, may impose charges for the use of the facilities at such rates and may impose such conditions in respect of the use thereof as may be notified by the central government in respect of the port510(5) where the central government is satisfied that there are no reception facilities at any  port, shipyard, ship breaking yards, ship repair unit, offshore facilities and terminals in india or that the facilities available at such port or place are not adequate for enabling vessel calling at such port or place to comply with the requirements of the convention, the central government, may direct, by order in writing, such authority to provide or arrange for the provision of such reception facilities as may be specified in the order15136 (1) when an incident in which the cargo or harmful substances, as covered under this part or the pollution prevention convention is escaping or likely to escape from a vessel and may cause or threaten to cause pollution of air, any part of coasts or coastal waters of india, the master of every vessel shall report the particulars of such incident  to such authority in such manner as may be prescribedpowers to take measures for prevention or containment of pollution and reporting of incidents(2) the vessel referred to in sub-section (1) being abandoned, or a report from such vessel being incomplete, the central government shall fix the responsibility on the master of that vessel20(3) where the central government is satisfied that the cargo or harmful substances as covered under this part or the pollution prevention  convention is escaping or likely to escape and may cause or threaten to cause pollution of air, any part of coasts or coastal waters of india, it may direct the owner, agent, master, charterer, operator,  lessee or licensee of the vessel by notice served on him, to take following action, namely:-25(a) to prevent the escape of harmful substances from the vessel, as may be specified in such notice;(b) to remove the cargo or oil or noxious liquid substance or harmful substance from the vessel, in such manner and to such place, if any, as may be specified in the notice;(c) to remove the vessel to a place, if any, as may be specified in the notice;30(d) to remove the cargo or oil or noxious liquid substance or harmful substance slicks on the surface of the sea in such manner, if any, as may be specified in the notice; and(e) to prohibit the removal of the vessel including any cargo or stores therein,from a place specified in the notice35(4) notwithstanding anything contained in sub-section (3), the central government may, if it is of the opinion that the pollution caused or likely to be caused by release of harmful substances has or may present a grave and imminent danger to the coastline or related interest from pollution or threat of pollution, proceed to take such measures as may be deemed necessary to prevent, mitigate or eliminate such threat or danger and any measures so taken shall be deemed to have been taken under this section40(5) where any person fails to comply, or fails to comply in part, with any notice served on him under sub-section (3), 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,—45(a) carrying out the directives given in the notice issued under sub-section (1);and(b) containing the pollution already caused or preventing the pollution threatened to be caused, of any part of the coast of india by any harmful substance escaped or threatening to escape from the vessel5(6) subject to the provisions of this part any expenditure or liability incurred by the central government in, or by reason of, the exercise of powers under sub-section (4) in relation to any  vessel in respect of which a notice had been issued under  sub-section (3), 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 vessel owned by that person or persons which may be detained by the central government until the amount is paid10(7) notwithstanding anything contained in sub-sections (3) to (6), to prevent, mitigate or eliminate grave and imminent danger to the coastline or related interests from pollution or threat of pollution following upon a maritime casualty or acts relating to such casualty on the high seas which may reasonably be expected to result in major harmful consequences to the indian coastal water, the central government shall take such measures as may be necessary1580 of 1976(8) the central government may make national or  regional arrangement system for responding promptly and effectively to pollution incidents occurring within the zones under the territorial waters, continental shelf, exclusive economic zone and other maritime zones act, 1976 or any other law for the time being in force20137 (1) where for the purposes of taking any measures under sub-section (1) of section 136, the central government or any other officer authorised by it in this behalf may, if deems necessary so to do, direct, by an order in writing, the owner of any indian vessel, tug, barge or any other equipment, to provide such services or assistance as may be specified in that orderpower of the central government to give directions to certain vessels or persons to render certain service(2) the owner of any vessel, 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:25provided that where tariff rates of freight are not fixed or where there is any disputeabout reasonable rate of charter hire, the freight or, as the case may be, charter hire, shall be paid at such rates as may be fixed by the central government by an order in writing, subject to determination of reasonability of such rates of freight or charter hire by examining such witnesses, documents and accounts as it may deem necessary30power to make rules138 (1) the central government may, having regard to the provisions of the pollution prevention 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 for all or any of the following matter, namely:-35(a)  the form and period of the certificate and conditions on which a certificatemay be issued under sub-section (2) of section 131;(b)  the conditions to comply the  provisions  of the conventions undersection 132;(c) the pollution prevention requirements under first proviso to section 132;40(d) the different types of certificates and documents under second proviso tosection 132;(e) the form and manner of maintenance of record book under sub-section (1) ofsection 134;(f) the other matter relating to maintenance of record book under sub-section (2)of section 134;45(g)  the reception facilities, surveillance, supervisions and guidance undersub-section (1) of section 135;(h) the manner and of reporting the incident to the authority under sub-section(1) of section 136; and(i) any other matter which is required to be or may be prescribed part viii5 survey,  audit and certificationsurvey, audit and certification139 (1) every indian vessel, company, port facility, shipyard,  ship breaking yard,ship repair unit, offshore facilities or terminals shall unless otherwise exempted be surveyed or audited for verification of compliance with such requirements as may be prescribed10(2) the central government, surveyor or any person authorised  by it in this behalf may, if satisfied that any vessel, company, port facility, shipyard,  ship breaking yard, ship repair unit, offshore facilities or terminal has been surveyed or audited as per the  requirements under the rules made under this act or as required by convention to the extent of applicability, issue the appropriate certificate or, as the case may be, documents in respect of such  vessel, company,  port facility, shipyard,  ship breaking yard, ship repair unit, offshore facilities or terminal15 20(3) notwithstanding anything contained in this act, where any survey, or, as the case may be, audit of a vessel, company, port  shipyard,  ship breaking yard, ship repair unit, offshore facilities or terminal facility under this part has been completed, the owner, agent or master of such vessel,  company,  port facility,  shipyard,  ship breaking yard, ship repair unit, offshore facilities or terminal  shall not make or cause to be made any alteration in the structure, equipment, fittings, arrangements, material, systems or scantlings covered by the survey or audit without the prior written permission of the central government or any person authorised by it in this behalf25 30(4) if the central government or any person authorised by it has reason to believe that since the completion of last survey or audit, changes have been made to the structure, equipment, fittings, arrangements, material, systems or scantlings, or they have sustained any damage or are otherwise found insufficient, then the central government or any person authorised by it in this behalf  may require  that the  vessel,   company, port facility, shipyard, ship breaking yard, ship repair unit, offshore facilities or terminal to be re-surveyed or audited to such extent as it may deem fit or may modify or revoke or suspend or cancel or surrender the certificates and documents in such manner as may be prescribed(5) subject to any exemption granted by the central government, no vessel shallproceed to sea unless the owner, or master, of the vessel holds onboard all the applicable certificates or documents as required under this act and the rules made thereunder35explanation— for the purposes of this part, the word "company" or "port facility"shall have the same meaning as assigned to it under clauses (a) or (b) of section 111,respectivelycertificates140 every vessel,   company, port facility, shipyard, ship breaking yard, ship repairunit, offshore facilities or terminal shall, unless exempted, be in possession of  such certificates as may be prescribed40power of surveyor141 (1) except  otherwise  provided, for the purposes of this act, a surveyor may, atany reasonable time, go on board a vessel, and may inspect or audit the vessel, and any part thereof, the structure, equipment, fittings, arrangements, materials, systems, scantlings, cargo, provisions, stores, her certificates, and certificates of the seafarers on board:45provided that he does not unreasonably hinder the operation of the vessel, orunreasonably detain or delay her from proceeding on any voyage(2) the owner, agent, master or every officer of the vessel shall afford to the surveyorall reasonable facilities for a survey, and provide all such information in respect of the vessel and her structure, equipment, fittings, arrangements, materials, scantlings, systems, cargo,provisions, stores, her certificates, and certificates of the seafarers, as the surveyor reasonably requirescompliance of provisions of convention5142 notwithstanding anything contained in sub-section (1) of section 139, every vessel,   company, port facility, shipyard,  ship breaking yard, ship repair unit, offshore facilities or terminal shall be surveyed, audited and certified to confirm the compliance of requirements as specified in the following conventions, namely:—(a) the safety convention; (b)  the marpol convention;10(c) the anti-fouling systems convention; (d) the ballast water management convention; (e) the load lines conventions; (f) the tonnage measurement convention, 1969; (g) the special trade passenger ships agreement, 1971 and its protocol;15(h) the convention on the international regulations for preventing collisions atsea, 1972;(i) the international convention on maritime search and rescue, 1979 (sar1979);(j) the maritime labour convention, 2006; or20(k) any other convention relating to survey, audit or certification:25provided that if every such vessel, company, port facility, shipyard, ship breaking yard, ship repair unit, offshore facilities or terminal, as the case may be, is not covered under the provisions of the above conventions, such vessel, company, port facility, shipyard, ship breaking yard, ship repair unit, offshore facilities or terminal, as the case may be, shall, for survey, audit and certification, comply with such requirements and in such manner as may be prescribed:provided further that different classes of vessel, company, port facility, shipyard, ship breaking yard, ship repair unit, offshore facilities or terminal shall be surveyed, audited or certified  with such requirements in such manner as may be prescribed30recognition of certificates issued outside india143  a valid certificate issued under a convention in respect of a vessel other than anindian vessel by the government of the country to which the vessel belongs shall subject to such rules as the central government may make in this behalf, have the same effect in india as the corresponding certificates issued in respect of an indian vessel35144 (1) the central government may at the request of the government of a country to which convention applies cause an appropriate convention certificate to be issued in respect of a vessel registered or to be registered in that country, if it is satisfied in like manner as in the case of an indian vessel 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 issued| issue           | of      ||-----------------|---------|| certificate to  |         || foreign vessels |         || in india and    |         || indian  vessels |         || in              | foreign || countries      |         |40(2) the central government may request the government of a country to which the convention applies to issue an appropriate convention certificate in respect of a vessel 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 government145 (1) the central government may make rules to carry out the purposes of this partpower to make rules for this part45(2) in particular, and without prejudice to the generality of the foregoing power, such rules may  provide for all or any of the following matters, namely:—(a) the requirements for verification of vessel, company, port facility, shipyard, ship breaking yard, ship repair unit, offshore facilities or terminal under sub-section (1) of section 139;5(b) the manner of requirements and the manner of survey, audit and certification of vessel,  company, port facility, shipyard,  ship breaking yard, ship repair unit, offshore facilities or terminal and modification, revocation, suspension, cancellation or surrender of the certificates and documents under sub-section (4) of section 139;(c) the certificates to be possessed by a vessel,   company, port facility,  shipyard,  ship breaking yard, ship repair unit, offshore facilities or terminal under section 140;10(d) the manner of compliance for survey, audit and certification under first proviso to section 142;(e)  the requirement and manner of survey, audit and certification of different classes of vessel,   company, port facility, shipyard,  ship breaking yard, ship repair unit, offshore facilities or terminal under second proviso to section 142;15(f) any other matter which is to be required or may be prescribed part ix maritime liability and compensation chapter i collision, accident at sea and liability20146 this chapter shall apply to,—application of this chapter(a) indian vessel; and2580 0f 1976(b) any vessel other than an indian vessel while it is at a port or place in india including, the territorial waters of india or any marine areas adjacent thereto over which india has, or may hereafter have, jurisdiction under the territorial waters, continental shelf, exclusive economic zone and other maritime zones act, 1976 or any other law for the time being in forceapportionment of liability147 (1) if the collision, damage, or loss is caused by the fault of one of the vessels, the liability to make good the damages attaches to the one who has committed the fault30(2) whenever by the fault of two or more vessels damage or loss is caused to one or more of them or to the cargo of one or more of them or to any property 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 vessel was at fault:provided that—35(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;(b) nothing in this section shall operate so as to render any vessel liable for any loss or damage to which her fault has not contributed;40(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 law45(3) for the purposes of this chapter, references to damage or loss caused by the fault of a vessel shall be construed as including references to any salvage or other expenses, consequent upon that fault, recoverable in any law for the time being in force by way of damagesdamages for personal injury148 (1) whenever loss of life or personal injuries are suffered by any person on board a vessel owing to the fault of that vessel or any other vessel or vessels, the liability of the owners of the vessels concerned shall be joint and several5(2) nothing in this section shall be construed as depriving any person of any right of defence on which, he might have relied in an action brought against him by the person injured, or any person entitled to sue in respect of such loss of life, or shall affect the right of any person to limit his liability in cases to which this section relatesright of contribution10149 (1) whenever loss of life or personal injuries are suffered by a person on board a vessel owing to the fault of that vessel and of any other vessel, and a proportion of the damages is recovered from the owner of one of the vessels which exceeds the proportion in which she was in fault, the said owner may recover by way of contribution the amount of the excess from the owners of the other vessel or vessels to the extent to which those vessels were respectively in fault:15provided that no amount shall be so recovered which shall not, by reason of any statutory or contractual limitation of, or exemption from, liability, or which shall not for any other reason, have been recovered in the first instance as damages by the persons entitled to sue therefor20(2)  in addition to any other remedy provided by law for the time being in force, the person entitled to any contribution under sub-section (1) shall, for the purpose of recovering the contribution, have subject to the provisions of this act, the same rights, and powers as the persons entitled to sue for damages in the first instance150 in every case of collision between two vessels it shall be the duty of the master or person in-charge of each vessel, in and so far as he can do so without danger to his own vessel, crew and passengers, if any,-duty of master of vessel to assist in case of collision25(a) to render to the other vessel, her master, crew and passengers, if any, suchassistance as may be practicable and may be necessary to save them from any danger caused by the collision and to stay by the other vessel until he has ascertained that she has no need of further assistance; and30(b) to give to the masters or persons in-charge of the other vessels the name ofhis own vessel and of the port to which she belongs and also the names of the ports from which she comes and to which she is boundcollision to be entered in official logbook35151 in every case of collision in which it is practicable so to do, the master of every vessel shall, immediately after the occurrence, cause a statement thereof and of the circumstances under which the same occurred to be entered in the official log book, if any, and the entry shall be signed by the master and also by the officer on watch or one of the seafarer40report to central government of accidents to vessels152 when an indian vessel 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 vessel, the owner or master or agent 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 vessel, her official number, if any, her port of registry and the place where she is45notice of loss of indian vessel to be given to central government153 if the owner or agent of any indian vessel has reason, owing to the non-appearance of the vessel or to any other circumstance, to apprehend that the vessel has been wholly lost, he shall, as soon as conveniently may be, send notice, in writing, to the central government relating to the loss and the cause of such loss stating the name of the vessel, her official number, if any, and her port of registry50 chapter ii limitation of liability for maritime claims154 this chapter shall apply to,—application of this chapter(a) indian ship; and580 of 1976(b) any ship other than an indian ship while it is at a port or place in indiaincluding, the territorial waters of india or any marine areas adjacent thereto over which india has, or may hereafter have, jurisdiction under the territorial waters, continental shelf, exclusive economic zone and other maritime zones act, 1976 or any other law for the time being in force10155 (1) the shipowner or salvor or any person for whose act, neglect or default, theshipowner or salvor, or any such person, as the case may be, is responsible, and the insurer of liability for such claims, may limit his liability as provided,—limitation ofliability for damages in respect of certain claims15(a) claims of loss of life or personal injury or loss of or damage to propertyincluding damage to harbour works, basins and waterways and aids to navigation, occurring on board or in direct connection with the operation of the vessels or with salvage operations, and consequential loss resulting therefrom;(b) claims of loss resulting from delay in the carriage by sea of cargo, passengersor their luggage;20(c)  claims of other loss resulting from infringement of rights other than contractualrights, occurring in direct connection with the operation of the vessel or salvage operations;(d) claims of the raising, removal, destruction or the rendering harmless of avessel which is sunk, wrecked, stranded or abandoned, including anything that is or has been on board such  vessel;25(e) claims in respect of the removal, destruction or the rendering harmless of thecargo of the vessel;(f) claims of a person other than the person liable in respect of measures taken inorder to avert or minimise loss for which the person liable may limit his liability inaccordance with the convention, and further loss caused by such measures30(2) the claims set out under sub-section (1) shall be subject to limitation of liability even if brought by way of recourse or for indemnity under a contract or otherwise:provided that claims set out under clauses (d), (e) and (f) of sub-section (1) shall not be subject to limitation of liability to the extent that they relate to remuneration under a contract with the person liable35(3)  nothing in this section  apply to,—(a) claims for salvage, including, if applicable, any claim for special compensation under article 14 of the salvage convention, or contribution in general average;(b) claims for oil pollution damage under chapter iii of this part relating to civilliability for oil pollution damage;40(c) claims subject to any international convention or national legislationgoverning or prohibiting limitation of liability, for nuclear damage;(d) claims against the shipowner of a nuclear ship, for nuclear damage;(e) claims by servant of the shipowner or salvor whose duties are connected with the ship or the salvage operations, including claims of their heirs, dependants or5other persons entitled to make such claims, if under the law governing the contract of service between the shipowner or salvor and such servants, the shipowner or salvor is not entitled to limit his liability in respect of such claims, or if he is by such law only permitted to limit his liability to an amount greater than that provided in the provisions of  llmc   convention or the rules made under this chapter explanation 1— for the purposes of this section  the act of invoking limitation of liability shall not be an admission of liabilityexplanation 2— for the purposes of this chapter,—10(a) the liability of a shipowner shall include the liability in  an action broughtagainst the ship herself;(b)  "shipowner" means the owner, charter, manager or operator of a sea-goingvesselconduct barring limitation15156 a person liable under section 155 shall not be entitled to limit his liability if it isproved that the loss resulted from his personal act or omission, committed with the intent to cause such loss, or recklessly and with knowledge that such loss may probably resultcounter claims157 where a person entitled to limitation of liability under this chapter has a claim against the claimant arising out of the same occurrence, their respective claims shall be set off against each other and the provisions of this chapter shall only apply to the balance, if any20limits of liability158 (1) the limits of liability for claims other than those mentioned in section 159arising on any distinct occasion, shall be calculated in accordance with the provisions of llmc convention:provided that in cases where the provisions of the llmc convention are not applicable, the limit of liability shall be such as may be prescribed25(2) where the amount calculated in respect of claims for loss of life or personal injuryis insufficient to pay such claims in full, the amount calculated in respect of other claims shall be made available for payment of the unpaid balance of claims in respect of claims for loss of life or personal injury and such unpaid balance shall rank rateably with claims in respect of other claims30(3) without prejudice to the right of claims for loss of life or personal injury accordingto the provision of sub-section (2), the claims in respect of damage to harbour works, basins,waterways and aids to navigation shall have priority over other claims35(4) the limits of liability for any salvor not operating from any  vessel or for any salvoroperating solely on the vessel to, or in respect of which he is rendering salvage services, shall be calculated according to a gross tonnage of 1,500limit for passenger claims159 in respect of claims arising on any distinct occasion for loss of life or personal injury to passengers of a ship the limit of liability of the shipowner thereof shall be such amount, as may be prescribed40explanation— for the purposes of this section, "claims arising in any distinct occasion for loss of life or personal injury to passengers of a   ship " means any  claim brought by or on behalf of any person carried in that   ship,—(a) under a contract of passenger carriage; or (b) who, with the consent of the carrier, is accompanying a vehicle or live animals which are covered by a contract for the carriage of goods45aggregation of claims160 (1) the limits of liability determined in accordance with the provisions of  section158 shall apply to the aggregate of all claims which arise on any distinct occasion, —(a) against the  person or persons or any person for whose act, neglect ordefault he or they are responsible; or(b) against a shipowner rendering salvage services from that ship and the salvoror salvors operating from such ship and any person for whose act, neglect or default he or they are responsible; or5(c) against the salvor or salvors who are not operating from a ship or who areoperating solely on the ship to, or in respect of which, the salvage services are rendered and any person for whose act, neglect or default he or they are responsible10(2) the limits of liability determined in accordance with the provisions of section 159shall apply to the aggregate of all claims subject thereto which may arise on any distinct occasion against the shipowner in respect of the ship referred to in that section  and any person for whose act, neglect or default he or they are responsible161 (1) limitation of liability may be invoked notwithstanding that a limitation fundas mentioned in section 162 has not been constitutedlimitation of liabilitywithoutconstitution of a limitation15(2) where an action is brought to enforce a claim subject to limitation, a person liablemay only invoke the right to limit liability if a limitation fund is or has been constituted in accordance with the provisions of this chapter when the right to limit liability is invoked162 (1) any person alleged to be liable may constitute a fund with the high court in which legal proceedings are instituted in respect of claims subject to limitationconstitution of  limitation fund20(2) the fund shall be constituted in the sum of such of the amounts in accordance with the provisions of section 158 or section 159 as are 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(3)  the fund constituted under sub-section (1) shall be,—(a) by depositing the amount calculated under section 158 or section 159 with the high court; or25(b) by producing a guarantee acceptable under any law for the time being inforce and considered to be adequate by the court(4) the fund so constituted shall be available only for the payment of claims in respect of which limitation of liability may be invoked30(5) the fund constituted by one of the persons referred to in section 161 or his insurer shall be deemed to be constituted by all persons mentioned in that sectiondistribution of the fund163  (1) subject to the provisions of sections 158 and 159, the fund shall be distributedamong the claimants in proportion to their established claims against the fund(2) if before the fund is distributed, the person liable or his insurer has settled a claim against the fund, such person shall, up to the amount he has paid, acquire by subrogation the rights which the person so compensated would have enjoyed under this chapter35(3) the right of subrogation provided for in sub-section (2) may also be exercised by persons other than those mentioned  therein in respect of any amount of compensation which they may have paid, but only to the extent that such subrogation is permitted under any law for the time being in force40(4) where the person liable or any other person establishes that he may be compelled to pay, at a later date, in whole or in part any such amount of compensation with regard to which such person would have enjoyed a right of subrogation pursuant to sub-sections (2) and (3) had the compensation been paid before the fund was distributed, the high court where the fund has been constituted may order that a sufficient sum shall be provisionally set aside to enable such person at such later date to enforce his claim against the fund45bar to other actions164 (1) where a fund has been constituted under section 162, any person havingmade a claim against the fund shall be barred from exercising any right in respect of suchclaim against any other assets of a person by or on behalf of whom the fund has been constituted5(2) after a fund has been constituted under section 162, any ship or other property,belonging to a person on behalf of whom the fund has been constituted, which has been arrested or attached for a claim which may be raised against the fund, or any security given, may be released by an order of the high court and such release shall always be ordered if the fund has been constituted with the high court administering the fund10(3) the provisions of sub-sections (1) and (2) shall apply only if the claimant may claim against the fund before the high court administering that fund and the fund is actually available and freely transferable in respect of that claimscope of application165 (1) the provisions of this chapter shall apply whenever any person referred to in section 155 seeks to limit his liability before the high court or seeks to procure the release of a ship or other property or the discharge of any security given within the indian jurisdiction:15provided that the person who at the time when the provisions under this chapter are invoked before any high court 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 a country, which is a party to the llmc convention, shall be excluded from invoking the provisions of this chapter20(2) the provisions of this chapter shall not apply to air-cushion vehicles or floating platforms constructed for the purpose of exploring or exploiting the natural resources of the sea-bed or the subsoil thereofpower to make rules166  (1) the central government may, having regard to the provisions of llmcconvention, make rules to carry out the purposes of this chapter25(2) in particular, and  without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—(a) the limits of liability in cases where the provisions of llmc convention arenot applicable under proviso to sub-section (1) of section 158;30(b) the amount of limit of liability of the owner for loss of life or personal injuryto passengers of a ship under section 159;(c) any other matter which is required to be or may be prescribed chapter iii civil liability for oil pollution damage167 this chapter shall apply to,—application of this chapter35(a) pollution damage caused by,—(i) indian ship wherever it is; and4080 of 1976(ii) any ship other than an indian ship while it is at a port or place in india including, the territorial waters of india or any marine areas adjacent thereto over which india has, or may hereafter have, jurisdiction 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; (b)  preventive measures, wherever taken, to prevent or minimise such pollution damagedefinitions168  in this chapter, unless the context otherwise requires,—45(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;5(b) "oil" means any persistent hydrocarbon mineral oil such as crude oil, fuel oil, heavy diesel oil and lubricating oil whether carried on board a ship as cargo or in the bunkers of such a ship;(c)"owner" means,—(i) the person registered as the owner of the ship; or (ii) in the absence of registration, the person owning the ship; or10(iii) in the case of a ship owned by a country and operated by a companyof that country, the persons registered in that country as  the  operator of such ship;(d) "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;(e) "pollution damage" means,—15(i) loss or damage caused outside the ship by contamination resultingfrom the escape or discharge of oil from the ship, wherever such escape or discharge may occur:20provided that compensation for impairment of the environment other thanloss of profit from such impairment shall be limited to costs of reasonable measures of reinstatement actually undertaken or to be undertaken; and(ii) the costs of preventive measures and further loss or damage caused by preventive measures;(d)"preventive measures" means any reasonable measures taken by any person after an incident has occurred to prevent or minimie pollution damage;25(g) "ship" means any sea-going vessel and seaborne craft of any type whatsoeverconstructed or adapted for the carriage of oil in bulk as cargo:30provided 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;(h) "state of the ship's registry" means in relation to registered ships thestate of registration of the ship, and in relation to unregistered ships the state whose flag the ship is flyingliability of owner35169 (1) save as otherwise provided in sub-sections (2) and (3) of this section, theowner of a ship at the time of an incident or where the incident consists of a series of occurrences, at the time of first of such occurrence, shall be liable for any pollution damage caused by the ship as a result of the incident(2) no liability for pollution damage shall attach to the owner, if he proves that the pollution damage,—40(a) resulted from an act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character; or(b) was wholly caused by an act or omission done with intent to cause damage by a third party45(3) where the owner proves that the pollution damage resulted wholly or partially either from an act or omission done with intent to cause damage by the person who suffered the damage or from the negligence of that person, the owner may be exonerated wholly or partially from his liability to such person(4) no claim for compensation for pollution damage may be made against the owner otherwise than in accordance with the provisions of this chapter(5) subject to sub-section (6), no claim for compensation for pollution damage under this chapter or otherwise may be made against,—5(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,performs services for the ship;10(c) any charterer (by whatever name called including a bareboat charterer),manager or operator of the ship;(d) any person performing salvage operations with the consent of the owner oron 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),15unless the damage resulted from their personal act or omission, committed with the intent to cause such damage, or recklessly and with knowledge that such damage may probably result(6) nothing in this chapter shall prejudice any right of recourse of the owner against third parties20joint and several liability for ships170 when an incident involving two or more ships occurs and pollution damageresults therefrom, the owners of all the ships concerned, unless exonerated under sub-section (3) of section 169, shall be jointly and severally liable for all such damage whichis not reasonably separablelimitation of liability171 (1) the owner may limit his liability under this chapter in respect of any incident,to an aggregate amount in accordance with the provisions of the 1992 liability convention25(2) the owner shall not be entitled to limit his liability under this chapter, if it is proved that the pollution damage resulted from his personal act or omission, committed or made with the intent to cause such damage, or recklessly and with knowledge that such damage may probably result30constitution of limitation fund172 (1)(a) any owner, desiring to avail of the benefit of limitation of his liability undersection 171, shall constitute a limitation fund (hereafter in this chapter referred to as fund) for the total sum representing his limits of liability in the high court(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 satisfactory35(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 if it were constituted by the owner40(b) such fund may be constituted even in cases where sub-section (2) of section 171applies 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 fund45(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 fundacquisition of right for compensation by subrogation5173 (1) where, before the fund is distributed, the owner or any of his servants oragents or any person providing him insurance or other financial security has  as a result of an incident paid compensation for pollution damage, such person shall upto the amount he has paid,  acquire by subrogation the rights which the person so compensated may have  enjoyed under this chapter10(2) where the owner or any other person establishes that he may be compelled to pay at a later date in whole or in part any such amount of compensation, with regard to which such person shall have enjoyed a right of subrogation under sub-section (1), had the compensation been paid before the fund was distributed, the high court where the fund has been constituted, may order that a sufficient sum shall be provisionally set aside to enable such person at such later date to enforce his claim against the fund174 (1) the high court shall consolidate all claims against the fund including thosearising under section 173consolidationof claim anddistribution of fund15(2) any claim in respect of expenses reasonably incurred or sacrifices reasonablymade 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 173, the high court shall distribute the amount in the fund among all claimants in proportion to their established claims20compulsory insurance or other financial guarantee175 (1) the owner of every ship carrying more than 2000 tons of oil in bulk as cargoshall, in respect of such ship, maintain an insurance or other financial security to cover his liability for pollution damage under this chapter for the amount specified under the provisions of the 1992 liability convention25(2) in respect of every indian ship which maintains insurance or other financial securityunder sub-section (1), there shall be issued by the central government a certificate in suchform and giving such particulars as may be prescribed(3) on an application by the owner or agent of any foreign ship, the central governmentmay issue a certificate under sub-section (2) in respect of such foreign ship on productionof satisfactory evidence relating to maintenance of insurance or other financial security in accordance with the provisions of the 1992 liability convention30(4) for every certificate issued under sub-sections (2) and (3) there shall be chargedsuch fee as may be prescribed35acceptance of certificate issued outside india176  any certificate issued by a competent authority in any country outside india toa ship registered in that country or any certificate issued by a competent authority of any country which is a contracting party to the 1992 liability convention to any ship wherever it is registered, shall be accepted at any port or place in india as if it were issued under this act40177 (1) no indian ship, which has on board more than 2000 tons of oil in bulk as cargoshall 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 175 or a certificate accepted undersection 176ban on entering or leaving an indian port without certificate45(2) no ship other than an indian ship carrying  more than 2000 tons of oil in bulk ascargo, 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 175 ora certificate accepted under section 176(3) no proper officer shall grant inward entry or outward clearance to any ship towhich sub-section (1) or, as the case may be, sub-section (2) applies, unless its master produces a certificate required under the respective sub-section178 (1) the insurer or other person providing financial security for the owner's liability for pollution damage may be directly liable for any claim for compensation for such damage5direct action against insurer or other person providing financial security(2) the insurer or other person referred to in sub-section (1) may, if the owner is notentitled to limit his liability in accordance with the provisions of section 171, avail himself such limits of liability as specified in that section10(3) any claim for compensation for pollution damage may be brought directly againstthe insurer or other person providing financial security for the owner's liability for pollution damage and in such cases the insurer or other person providing financial security may, even if the owner is not entitled to limit his liability in accordance with the provisions of section 171, avail himself such limits of liability as specified in that section15(4) the insurer or other person providing financial security may further avail himself of the defences (other than the bankruptcy or winding up of the owner) which the owner himself would have been entitled to invoke and the defendant may avail himself of the defence that the pollution damage resulted from the wilful misconduct of the owner himself, but the defendant shall not avail himself of any other defence which he might have been entitled to invoke in proceedings brought by the owner against him(5) the insurer or other person providing financial security shall in any case have the right to require the owner to be joined in the proceedings20(6) any sum provided by insurance or by other financial security maintained inaccordance with sub-section (1) of section 175 shall be available exclusively for the satisfactionof claims under this chapterlimitation period179 (1) rights of compensation under this chapter shall be extinguished unless anaction is brought within a period of three years from the date when the damage occurred:25provided that, no action shall be made for compensation after six years from the date ofthe incident which caused the damage(2) if incident consists of a series of occurrences, the period of six years shall start from the date of the first occurrencegovernment ships30180 nothing in this chapter shall apply to any ship of war or any ship for the timebeing used by the government of any country for purposes other than commercial purposespower to make rules181 (1) the central government may make rules to carry out the provisions of thischapter(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:—35(a) the form of certificate  and particulars to be given thereto under sub-section (2)of section 175;(b)  the fees to be charged for issue of certificates under sub-section (4) ofsection 175;(c) any other matter which required to be or may be prescribed 40 chapter iv civil liability for bunker oil pollution damage182 this chapter applies to, —application of this chapter80 of 1976(a) pollution damage caused  due to escape or discharge of bunker oil from every indian ship and from every ship other than an indian ship while it is,—45(i) within the territory including territorial sea of india; or80 of 19765(ii) at a port or a place in india or within the territorial waters of india or any marine areas adjacent thereto over which india has, or may hereafter have, jurisdiction 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; (b) preventive measures, wherever taken, to prevent or minimise the pollution damage:10provided that this chapter shall not apply to warships, naval auxiliary or other vessels owned or operated by the government and used, for the time being, only on government non-commercial service:provided further that this chapter shall not apply to pollution damage specified in chapter iii of this partdefinitions183 in this chapter, unless the context otherwise requires,—15(a) "bunker convention" means the international convention on civil liability for bunker oil pollution damage, 2004;(b) "bunker oil" means any hydrocarbon mineral oil, including lubricating oil, used or intended to be used for the operation or propulsion of the ship, and any residues of such oil;20(c) "civil liability convention" means the international convention on civil liability for oil pollution damage, 1992;(d) "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;25(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 the escape or discharge of bunker oil from the ship, wherever such escape or discharge may occur:30provided that compensation for impairment of the environment other than loss of profit from such impairment shall be limited to costs of reasonable measures of reinstatement undertaken or to be undertaken; and(ii) the costs of preventive measure and further loss or damage caused by preventive measures;35(g) "preventive measure" means any reasonable measures taken by any person after an incident has occurred to prevent or minimise  pollution damage;(h)  "registered owner" means the person or persons registered as the owner of the ship or, in the absence of registration, the person or persons owning the ship, and, in the case of a ship owned by a state and operated by a company which in that state is registered as the ship's operator, "registered owner" shall mean such company;40(i) "ship" means any sea-going vessel and sea borne craft, of any type whatsoever;(j) "shipowner", means the owner, including the  registered owner, bareboat charterer, manager or operator of  the ship;45(k) "state of the ship's registry" means, in relation to a registered ship, the state of registration of the ship and, in relation to an unregistered ship, the state flag the ship is entitled to fly184 (1) save as otherwise provided in section 186,—liability for bunker oil pollution(a) where pollution damage is caused due to discharge or escape of bunker oilon board or originating from the ship,    the shipowner shall be liable for,—(i) any pollution damage;5(ii) the cost of any reasonable measures taken for the purpose of preventingor minimising any pollution damage so caused or likely to be caused; and(iii) any damage caused by any such preventive measure so taken:10provided that where an incident consists of a series of occurrences havingthe same origin, the liability shall attach to the shipowner at the time of the first of such occurrences and where more than one person is liable, their liability shall be joint and several; (b)   where there arises a grave and imminent threat of damage being causedoutside a ship, the shipowner shall be liable for the cost of any measures reasonably taken to prevent or minimise any such damage15(2) where any incident involving two or more ships occurs resulting in pollution damage, the shipowners of all ships involved in such incident shall, unless the damage is reasonably separable, be jointly and severally liable for such damage20(3) with respect to ships owned by the government or the government of any country and used for commercial purposes, the government or the government of each of such country shall be liable for pollution damage under this chapterexemption from liability185 (1) no liability for pollution damage shall be incurred by the ship owner under this chapter, if he proves that such damage,—(a) resulted from an act of war, hostilities, civil war, insurrection or a naturalphenomenon of an exceptional, inevitable and irresistible character; or25(b) was wholly caused by any act or omission done with an intent to cause suchdamage by any person other than an employee or agent of the owner30(2)  if the shipowner proves that the pollution damage resulted wholly or partially either from an act or omission done with intent to cause damage by the person who suffered the damage or from the negligence of that person, then, he shall be wholly or partially exonerated from his liability to such person186 (1) the shipowner and the person providing insurance or other financial security shall be entitled to limit his liability under this chapter, in respect of any one or more incident, in accordance with the provisions of chapter ii of this partright of owner to limitation of liability35(2) the shipowner shall not be entitled to limit his liability if it is proved that the incident causing pollution damage occurred as a result of his personal act or omission, committed or made with intent to cause such damage, or recklessly and with knowledge that such damage may probably resultdetermination of limitation of liability40187 (1) where the shipowner is alleged to have incurred a liability under section 184, or his insurer, may make an application to the high court for determination of limitation of his liability(2)   after receiving the application under sub-section (1), the high court may determine the amount of liability of shipowners and direct the shipowner or his insurer, as the case may be, to deposit such amount with the high court45188 the high court may consolidate all claims against the shipowner or his insurerwho has deposited the amount under section 187 and may distribute the amount amongst the claimantsconsolidation of claims and distribution of amount189 (1) the right to claim compensation under this chapter shall be extinguished if such claim is not made within a period of three years from the date of occurrence of damage:extinguishment of right to claimprovided that in no case, such claim may be made after six years from the date ofincident which caused such damage5(2) where the incident consists of a series of occurrences, the period of six years shallrun from the date of the first of such occurrence10190  every registered owner of a ship having gross tonnage of more than one thousand shall, for the purpose of his liability for pollution damage under this chapter, maintain compulsory insurance coverage or such other financial security, to the limits specified under the provisions of the llmc conventionmaintenance of compulsory insurance or other financial security191 (1) the insurer or other person providing financial security for the owner'sliability for pollution damage may be liable for any claim for compensation for such damage15(2) the insurer or other person referred to in sub-section (1) may, if the owner is not entitled to limit his liability in accordance with the provisions of section 184 may avail himself such limits of liability as may be prescribeddirect actionagainst insureror other person providing financial security20(3) any claim for compensation for pollution damage may be brought directly against the insurer or other person providing financial security for the registered owner's liability for pollution damage and in such a case, the insurer or such person may invoke defences (other than bankruptcy or winding up of the owner) which the shipowner would have been entitled to invoke, including limitation of liability pursuant to section 187:provided that where the shipowner is not entitled to limitation of liability under section187, the insurer or such person may limit the liability to an amount equal to the amount of the insurance or other financial security required to be maintained under sub-section (1):25provided further that the insurer or such person may invoke the defence that the pollution damage resulted from the wilful misconduct of the shipowner but shall not invoke any other defence which such insurer or person might have been entitled to invoke in proceedings brought by the shipowner against such insurer or person:provided also that the insurer or such person may make the shipowner as a party to such proceedings30issue of certificate192 (1) the central government shall issue a certificate in respect of every shipwhich maintains insurance or other financial security under section 190, in such form, containing such particulars and subject to such conditions and on payment of such fee, as may be prescribed35(2) every certificate issued under sub-section (1) shall be renewed after its expiry insuch manner and on payment of such fee   as may be prescribed193 (1) no ship shall enter or leave or attempt to enter or leave any port or place towhich this chapter applies, unless it carries on board a certificate issued under section 192ban on entering or leaving port without certificate40(2) any certificate issued by a competent authority in any country outside india to aship registered in that country or any certificate issued by a competent authority of any country which is a contracting party to the bunker convention to any ship wherever registered, shall be accepted at any port or place in india as if it were issued under this act(3)  no proper officer shall permit inward entry or outward clearance to any ship towhich sub-section (1) or sub-section (2) applies unless the master of the ship produces thecertificate referred to in that sub-section45right of recourse194  nothing contained in this chapter shall prejudice the right of recourse that theshipowner may have against any other person in respect of his liability195 (1) any judgment passed by a court shall be recognised in india except where, —(a) the judgment was obtained by fraud; orrecognition and enforcements of decision of the court5(b) the shipowner or the insurer or the person providing financial security whois a party to the proceedings was not given reasonable notice and a fair opportunity to present his case(2) any judgment passed by a court in accordance with the provision of the bunker convention under sub-section (1) shall be enforceable in india as soon as the procedures required have been complied with:provided that such procedure shall not permit the merits of the case to be re-opened10power tomake rules196 (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:—15(a) the limits of liability of the insurer or other person providing financial security under sub-section (2) of section 191;(b) the form of certificate, the particulars containing therein with the conditions and fee for issue of certificate under sub-section (1) of section 192;(c) the manner of renewal of certificate and fees therefor under sub-section (2)of section 192;20(d) any other matter which is required to be or may be prescribed chapter v international oil pollution compensation fundapplication2580 of 1976197 this chapter shall apply to pollution damage caused in the territory, including 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 and to preventive measures, wherever taken, to prevent or minimize such damagedefinitions198  in this chapter unless the context otherwise requires,—30(a) "contributing oil" means crude oil and fuel oil; explanation—for the purposes of this clause,—35(i) ''crude oil'' means any liquid hydrocarbon mixture occurring naturally in the earth whether or not treated to render it suitable for transportation and includes crude oils from which certain distillate fractions have been removed (sometimes referred to as "topped crudes") or to which certain distillate fractions have been added (sometimes referred to as "spiked" or "reconstituted" crudes),40(ii) ''fuel oil'' means heavy distillates or residues from crude oil or blendsof 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) ''fund'' means the international oil pollution compensation fund,1992established by article 2 of the fund convention;(c) ''fund convention'' means the international convention on the establishment of an international fund for compensation for oil pollution damage, 1992;(d) ''guarantor'' means any person providing insurance or other financial security to cover an owner's liability in pursuance of paragraph 1 of article vii of the 1992 liability convention;5(e) ''incident'', ''oil'', ''organisation'', ''owner'', ''person'', ''pollution damage'',''preventive measures" or "ship" shall have same meaning as assigned to it in the 1992 liability convention;(f) ''ship's tonnage'' shall have the same meaning as assigned to in  paragraph10 of article v of the 1992 liability convention;10(g) ''terminal installation'' means any site for the storage of oil in bulk which iscapable 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 toncontribution to fund15199 (1) contribution to the fund, in respect of contributing oil carried by sea to portsor terminal installations in india, shall be payable in accordance with articles 10 and 12 of the fund convention(2) the provisions of sub-section (1) shall apply 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 voyage20(3) the 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 india25(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 tons or as may be specified from time to time in the fund convention30explanation—for the purposes of sub-section (3) of this section, ''fund convention country'' means a country in which the fund convention is for the time being in force200 (1) the contributions payable to the fund by a person for any year shall be,—contribution payable bypersons to the fund(a) such amounts as may be determined by the assembly of the fund underarticles 10 and 12 of the fund convention;35(b) in such instalments, becoming due at such dates, as may be notified and ifany amount due from such person remains unpaid after the date on which it became due, it shall be from that due date bear interest at a rate determined by the said assemblyuntil it is paid40(2) the central government may require persons, who are or may be liable to paycontributions to the fund under section 199, to give financial security for payment of contributions to the central government or the fundliability of fund201 (1) where any person suffering pollution damage has been unable to obtain fulland adequate compensation for the damage under the provisions of 1992 liability convention, the fund shall  be liable to pay compensation for   pollution damage to such person if,—45(a) no liability for the damage arises in accordance with the provisions of  the1992 liability convention;(b) the owner liable for the damage under the provisions of 1992 liabilityconvention is financially incapable of meeting his obligations in full and any financial security that may be provided under the convention does not cover or is insufficient to satisfy the claims for compensation for the damage;5(c) the damage exceeds the owner's liability  under the provisions of 1992 liabilityconvention as limited pursuant therein(2) expenses incurred or sacrifices made by the owner voluntarily to prevent or minimize pollution damage shall be treated as pollution damage for the purposes of this section(3) the fund shall incur no obligation under sub-section (1) if,—10(a) it proves that the pollution damage resulted from an act of war, hostilities,civil war or insurrection or was caused by oil which has escaped or been discharged from a warship or other ship owned or operated by a state and used, at the time of the incident, only on government non-commercial service; or(b) the claimant cannot prove that the damage resulted from an incident involvingone or more vessel15(4) if the fund proves that the pollution damage resulted wholly or partly either froman act or omission done with the intent to cause damage by the person who suffered the damage or from the negligence of that person, the fund may be exonerated wholly or partly from its obligation to pay compensation to such person20(5) the fund shall in any event be exonerated to the extent that the vessel owner may have been exonerated  under the provisions of 1992 liability convention:provided that there shall be no such exoneration of the fund with regard to preventive measurespower to call for information25202 (1) the central government may, for the purposes of transmitting to the fund, the names and addresses of the persons who under the provisions of  section 197 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 to any such person to furnish such information as may be specified therein(2) a notice under sub-section (1) may specify the manner in which, and the time within which, such notice shall be complied with30 35(3) in proceedings by the fund against any person to recover any amount due undersection 197, particulars contained in any list transmitted by the central government to thefund 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(4) 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;40(c) for the purpose of any legal proceedings arising out of this section or of anyreport of such proceedings(5) a person who,—(a) refuses or wilfully neglects to comply with a notice under this section; or45(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 act203 (1)  any claim against the fund for compensation under this chapter shall bebrought directly before the fundclaims against fund andjurisdiction of courts(2) any action for a claim against the fund shall be brought before the high court5(3) where an action for compensation for pollution damage has been brought againstthe owner or his guarantor before the high court each party to the proceedings may notify the fund of the proceedings(4) the fund shall have the right to intervene as a party to any legal proceedingsinstituted in the high court against the owner or his guarantor10(5) where such notice of proceedings has been given to the fund, any judgmentgiven in the proceedings shall, after it has become final and enforceable, become binding upon the fund to the effect that the facts and evidence in that judgment may not be disputed by the fund on the ground that it has not intervened in the proceedingsextinguishment of claims15204 notwithstanding anything contained in any other law for the time being in force,no action to enforce a claim against the fund under this chapter shall be entertained by a high court, unless,—(a) the action to enforce is commenced; or (b) notice of action to enforce a claim against the owner or his guarantor inrespect of the same pollution damage is given to the fund,within three years from the date when the damage occurred:20provided that no action to enforce a claim shall be brought after six years from the dateof the incident that caused such damagesubrogation and right of recourse25205 in respect of any sum paid by a public authority in india or the fund, as the casemay be, as compensation for pollution damage, that authority or the fund shall acquire by subrogation any rights which the person so compensated would have enjoyed under the fund conventionpower to make rules206 the central government may make rules to carry out the provisions of the fundconvention part x investigation and inquiries30marine casualties and report thereof207 (1) for the purposes of investigations and inquiries under this part, a marinecasualty shall be deemed to be an event, or sequences of events that has resulted in any of the following and has occurred directly by, or in connection with the operations of indian vessels and vessels other than indian vessels, when,—35(a) on or near the coast of india, any vessel is lost, abandoned, stranded ormaterially damaged;(b) on or near the coast of india, any vessel causes loss or material damage toany other vessel;(c) any loss of life or presumed loss of life, ensues by reason of any casualty happening, or otherwise, to or on board any vessel, on or near the coast of india;40(d) any loss of life or presumed loss of life, ensues by reason of any casualtyhappening, or otherwise, to an indian national on board any vessel, anywhere in the world;45(e) in any place, any such loss, abandonment, stranding, material damage or casualty as mentioned above occurs to or on board any indian vessel, and any competent witness thereof is found in india;(f) any indian vessel is lost or is supposed to have been lost, and any evidence is obtainable in india as to the circumstances under which she proceeded to sea or was last heard of;80 of 1976 5(g) in any place within the zones under the territorial waters, continental shelf,exclusive economic zone and other maritime zones act, 1976, pollution, or the potential threat of such pollution to the environment, or severe damage to the environment, or the potential to severe damage to the environment is caused of a vessel;10(h) a fire or explosion takes place on any indian vessel anywhere in the world, ora fire or explosion takes place on a vessel other than an indian vessel, while such vessel is on, or near, the coast of india(2) in the cases mentioned in sub-section (1), the owner, manager, operator, company, pilot, harbour-master, master, or other person in charge of the vessel, or, where two vessels are concerned, in charge of each vessel at the time of the marine casualty, as the case may be, shall, within twenty-four hours of the occurrence, give notice of the marine casualty to the officer appointed in this behalf by the central government15(3) wherever any such officer receives the notice of the marine casualty under sub-section (2), he shall forthwith report in writing the information to the central government and may proceed to make preliminary inquiry into the marine causalty and shall furnish the report on completion of independent inquiry into the incident20(4) the central government may, for the purposes of the investigation, appoint abody to conduct a marine safety investigation in accordance with the safety convention(5) the body appointed under sub-section (4) shall, make preliminary assessment of the marine casualty and conduct a marine safety investigation for ascertaining its causes and circumstances and submit its report to the central government25explanation— for the purposes of this part, the word ''company'' has the samemeaning as assigned to it in clause (a) of section 111208 on receipt of report under sub-section (5) of section 207 or otherwise, if the central government is of the opinion that prima-facie, there exists, incompetency, misconduct or violation of any law for the time being in force on part of any person, it may,—power of central government to initiate proceedings30(a) initiate administrative action; and(b) direct such officer or other authority having jurisdiction over the area toinitiate any proceedings,  as may be required in accordance with the provision of any law for the time being in force35209  the central government may, by order, cancel or suspend  any certificate granted under this act to any seafarer for any specified period,—power to cancel, suspend, etc, certificate of seafarers(a) if the inquiry report  or investigation report reveals that the seafarer is incompetent or has been guilty of misconduct;(b)  in a case of collision, the seafarer has failed to render assistance;40(c) if the seafarer has been convicted of any offence under this act or any nonbailable offence committed under any other law for the time being in force in india or outside india;(d) the casualty, if any, has been caused by wrongful act or default of the seafarer; or45(e) if the seafarer to whom the certificate has been granted contravenes any provisions of this act: provided that no order under this section shall be passed unless the person concerned has been given an opportunity of making a representation against such orderre-hearing210  whenever an investigation or inquiry has been made under this act, the central government may order the case to be re-heard either generally or as to any part thereof, and shall so order,—5(a) if new and important evidence which could not be produced at the time of investigation has been discovered; or(b) if for any other reason there has, in its opinion, been a miscarriage of justice part xi wreck and salvage chapter i10 wreckapplication of this chapter to wrecks80 of 1976211 this chapter shall apply to the wrecks located within the territory of india including the territorial sea or any marine areas adjacent thereto over which india has, or may hereafter have, exclusive jurisdiction under the territorial waters, continental shelf, exclusive economic zone and other maritime zones act, 1976:15provided that this chapter shall not apply to,—(a) any measures taken under the international  convention relating to the intervention on the high seas in cases of oil pollution casualties,1969;(b) any warship or other vessel owned or operated by the government for non-commercial servicedefinitions20212 in this chapter, unless the context otherwise requires,—(a) ''authority'' means the central government or any person authorised by it; (b) ''affected country'' means the country in whose convention area the wreck is located;25(c) ''convention'' means the nairobi convention on the removal of wrecks,2007;30(d) ''convention area'' means the exclusive economic zone of a state party, established in accordance with  international law or, if a state party has not established such a zone, an area beyond and adjacent to the territorial sea of that state determined by that state in accordance with international law and extending not more than two hundred nautical miles from the baselines from which the breadth of its territorial sea is measured;(e) ''hazard'' means any condition or threat, that,—(i)  poses a danger or impediment to navigation;   or35(ii) may reasonably be expected to result in major harmful consequences to the marine environment, or damage to the coastline or related interests of india or any other country; (f) ''maritime casualty'' means a collision of ships, stranding or other incident of navigation, or other occurrence on board a ship or external to it, resulting in material damage or imminent threat of material damage to a ship or its cargo;40(g) ''operator of the ship'' means the owner of the ship or any other organisation or person such as the manager, or the bareboat charterer, who has assumed the responsibility for operation of the ship from the owner of the ship and who, on assuming such responsibility, has agreed to take over all duties and responsibilities established under the international safety management code;(h) ''receiver of wreck'' means a person appointed as such under sub-section (1)of section 213;(i) ''registered owner'' means the person registered as the owner of the ship or, in the absence of registration, the person owning the ship at the time of the maritime casualty:5provided that in the case of a ship owned by a state and operated by a company which in that state is registered as the operator of the ship, "registered owner" shall mean such company;(j) ''related interests'', in relation to the interest of india directly affected or threatened by a wreck, means—10(i) maritime coastal, port and estuarine activities, including fisheriesactivities, constituting an essential means of livelihood of the persons concerned;(ii) tourist attractions and other economic interests of the areas concerned; (iii) the health of the coastal population and the well being of the areaconcerned, including conservation of marine living resources and of wild life; and15(iv) offshore and underwater infrastructure;(k) ''removal'' means any form of prevention, mitigation or elimination of the hazard created by a wreck, and the expressions "remove", "removed" and "removing" shall be construed accordingly;20(l) ''ship'' means a sea-going vessel of any type whatsoever and includes hydrofoil boats, air-cushion vehicles, submersibles, floating craft and floating platforms, except when such platforms are on location engaged in the exploration, exploitation or production of seabed mineral resources;(m) ''state of the ship's registry'' means,—(i)  in relation to a registered ship, the country of registration of the ship; and25(ii) in relation to an unregistered ship, the country, under whose flag the ship is entitled to fly; (n) ''wreck'', in relation to maritime casualty, means —(i)  a sunken or stranded ship;30(ii) any part of a sunken or stranded ship, including any object or goodsor cargo that is or has been on board such a ship;(iii) any object or goods or cargo that is lost at sea from a ship and that is stranded, sunken or adrift at sea;35(iv) a ship that is in distress or is about, or may reasonably be expected, tosink or to strand, where effective measures to assist the ship or any property in danger are not already being taken; or(v) a ship abandoned without hope or intention of recoveryexplanation— for the purposes of this sub-clause, any question as to whether the measures adopted to assist the ship or any property in danger are effectively being taken or not shall be decided by the director-general40receivers of wreck213 (1) the central government, may by notification, appoint any person to be thereceiver of wreck to receive and take possession of wreck and to perform such duties connected therewith as are hereinafter mentioned, within such limits as may be specified in that notification45(2) the receiver of wreck shall receive and take possession of wreck with all powers in respect thereof, including powers for disposal or sale of the wreck, power to give notices, power to enforce performance of obligations by owner, operator, insurer of the vessel, as provided in this chapter, and take such action as require to remove the wreck by the most practical and expeditious means available, consistent with considerations of safety and protection of maritime environmentduty to report wrecks5214 (1) when any indian ship has been involved in a maritime casualty resulting in awreck in any area to which this chapter applies, the master or owner or the operator of the ship shall, without any delay, report such incident to the receiver of wreck and the central government10(2)  when any indian ship has been involved in a maritime casualty resulting in a wreck in a convention area of any country, the master and the operator of that ship shall, without any delay, report such incident to the affected country in such manner as may be required by that country and shall also report such incident to the central government15(3) when any ship other than indian ship has been involved in a maritime casualty resulting in a wreck in any area to which this chapter applies, the master and the operator of the ship shall, without any delay, report such incident to the receiver of wreck and the central governmentdetermination of hazard215  for determining as to whether a wreck poses a hazard or not, the following criteria shall be taken into account, namely:—(a) the type, size and construction of the wreck; (b) depth of the water in the area;20(c) tidal range and currents in the area; (d) proximity to protected areas including coral reefs and other areas as notifiedby the government;25(e) particularly sensitive sea areas identified and, as appropriate, designated inaccordance with guidelines adopted by the international maritime organisation, or a clearly defined area of the exclusive economic zone where special mandatory measures have been adopted in accordance with requirements of the united nations convention on the law of the sea, 1982;(f) proximity of shipping routes or established traffic lanes; (g) traffic density and frequency;30(h) type of traffic; (i) nature and quantity of the wreck's cargo, the amount and types of oil (such asbunker oil and lubricating oil) on board the wreck and, in particular, the damage likely to result if the cargo or oil is released into the marine environment;(j) vulnerability of port and port  facilities;35(k) prevailing meteorological and hydrographical conditions; (l)  submarine topography of the area; (m) height of the wreck above or below the surface of the water at lowestastronomical tide;(n) acoustic and magnetic profiles of the wreck;40(o) proximity of offshore installations, pipelines, telecommunication cables and similar structures;(p) proximity of tourist spots and heritage locations; and(q) any other circumstances that might necessitate the removal of the wrecklocating and marking ofwrecks216 (1) the central government may, if considers necessary, give directions to a receiver of wreck or any other person or authority including the director-general of light house or the port authority or a maritime board or indian coast guard, as the case may be, within their respective jurisdiction to locate or mark the wreck, or both5(2) when a wreck has been determined to be a hazard, it shall be the duty of the owner or the operator of such a vessel,—(a) to immediately mark the wreck at his or its own cost in such manner as may be prescribed; and(b) to maintain the marking until the wreck is removed10(3) the cost for locating and marking the vessel shall be borne by or recovered from the owner or the operator of such a vesselpower to pass over adjoining lands15217 (1) whenever a vessel  is wrecked, stranded or in distress, all persons may, for the purpose of rendering assistance to the ship or of saving the lives of the shipwrecked persons, or of saving the cargo or equipment of the 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 vessel20(2) any damage sustained by an owner or occupier in consequence of the exercise of the rights under this section shall be a charge on the vessel, cargo or articles in respect of or by which the damage is sustained and in case of dispute, the amount payable in respect of such damage shall be determined by a magistrate on an application made to him in this behalf218 no person shall,—prohibition of certain acts in respect of wreck25(a) without the leave of the master, board or attempt to board any vessel which is wrecked, stranded or in distress, unless the person is, or acts by command of, the receiver of wreck; or30(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 in any area to which this chapter applies 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 dangerof being stranded or otherwise in distress, in any area to which this chapter applies, or any part of the cargo or equipment of the vessel or any wreck35search warrants where wreck is involved40219 where a receiver of wreck suspects or receives information that any wreck issecreted or is in the possession of some person who is not the owner thereof or that any wreck is otherwise improperly dealt with, he may apply to the nearest judicial magistrate of the first class or metropolitan magistrate, as the case may be, for a search warrant, and that 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 found thereof220 (1) when it is determined that the wreck constitutes a hazard, the receiver of wreck shall give the detail information to the central government45measures to facilitate the removal ofwrecks(2) the central government, on receipt of information under sub-section (1), shall—(a)  inform the government of the country of the  vessel registry and the registeredowner of the vessel; and(b) consult the government of the country of the vessel registry and other countriesaffected by the wreck regarding measures to be taken in relation to such wreck (3) the registered owner of the vessel or, as the case may be, the operator of the vessel shall remove such wreck which has been determined to constitute a hazard:provided that where any dispute arises as to whether the wreck constitutes a hazard or not, the decision of the central government shall be final and binding on all parties5(4) when a wreck has been determined to constitute a hazard, the registered owner of the vessel or, as the case may be, any interested person shall provide to the central government or the receiver of wreck with the evidence of insurance or other financial security maintained by him in accordance with the provisions of this act10(5) the receiver of wreck shall, having regard to the nature of the hazard, set such time limit as may be prescribed for the owner of the vessel or its operator to remove the wreck15(6) if the owner of the vessel or its operator does not remove the wreck within the time specified under sub-section (5), the receiver of wreck may, at the expense of such owner or operator, remove the wreck by the most practical and expeditious means available, consistent with considerations of safety and protection of the marine environment and the wreck or any sale proceeds derived from such wreck shall become the property of the central government20(7) where immediate action is required and the receiver of wreck has informed the owner of the vessel or the operator accordingly, he may, at the expense of such owner or operator, remove the wreck by the most practical and expeditious means available, consistent with considerations of safety and protection of the marine environment| liability                                                                               ||-----------------------------------------------------------------------------------------|| owner                                                                                  || 221                                                                                    || (1)                                                                                     || the registered owner shall be liable for the costs of locating, marking and             || removing the wreck under this chapter unless he proves that the maritime casualty which || caused the wreck,—                                                                      || 25                                                                                      || (a)                                                                                     || resulted from an act of war, hostilities, civil war, insurrection, or a natural         || phenomenon of an exceptional, inevitable and irresistible character; or                 || (b)                                                                                     || was wholly caused by act or omission done with an intent to cause damage                || by a third party; or                                                                    || 30                                                                                      || (c)                                                                                     || was wholly caused by the negligence or other wrongful act of any government             || or other authority responsible for the maintenance of lights or other navigational aids || in the exercise of that function                                                       |(2) nothing contained in this  chapter shall affect the right of the registered owner to limit his liability in accordance with the provisions of section 155(3) nothing contained in this part shall prejudice any right of recourse available to the registered owner against third parties35222 (1) every registered owner of an indian ship of gross tonnage three hundred  and above shall, for the purpose of covering his liability under this chapter, be required to maintain compulsory insurance coverage or such other financial security, as may be prescribedmaintenance of insurance or other financial security40(2) every owner of a vessel or operator of a vessel other than an indian vessel of gross tonnage of three hundred and above, while it is in the area to which this chapter applies, shall maintain insurance coverage or other financial security to cover his liability under the convention and shall carry on board a certificate attesting that such insurance or other financial security is in force in accordance with the provisions of the convention(3) the certificate referred to in sub-section (2) shall, in case the vessel is,—45(a) an indian vessel, be issued by the authority; (b) registered in a convention country other than india, be issued by or under the authority of the government of that country; and(c) registered in a country which is not a convention country, be issued or certified by the appropriate authority authorised by any convention country (4) any vessel found contravening the provisions of sub-section (2) shall be liable to be detained by the authority5(5) any claim for costs arising under this chapter may be brought directly against theinsurer or other person providing financial security for the registered owner's liability and in such a case, the insurer or such person may invoke defences (other than bankruptcy or winding up of the registered owner) which the registered owner would have been entitled to invoke, including limitation of liability as provided under the provisions of this act:10provided that where the registered owner is not entitled to limitation of liability under theprovisions of this act, the insurer or such person may limit liability to an amount equal to the amount of the insurance or other financial security required to be maintained under sub-section (1):15provided further that the insurer or such person may invoke the defence that themaritime casualty resulted from the wilful misconduct of the registered owner but shall not invoke any other defence which such insurer or person might have been entitled to invoke in proceedings brought by the registered owner against such insurer or person:provided also that the insurer or such person shall have the right to require the registeredowner to be joined in such proceedings20exception to liability223 (1) the registered owner shall not be liable under this chapter for meeting thecosts referred to in sub-section (5) of section 222  if, and to the extent that, liability for suchcosts is in conflict with,—(a) any other chapter or provisions of this act;38 of 2010(b) the provisions of the civil liability for nuclear damage act, 2010; or25(c) any other applicable or binding international legal instrument which indiaadopts(2) where measures are taken under this chapter to the extent such measures are construed to be salvage under the provisions of section 229, the provisions of said section 229 shall apply for the purposes of remuneration or compensation payable to salvers3015 of 1908explanation—for the removal of doubts, it is hereby clarified that the provisions ofthis section shall be construed harmoniously with the provisions of the indian ports act, 1908 and in case of any ambiguity or conflict thereof, the provisions of the indian ports act, 1908 shall prevail35claims of owners to wreck224 (1) the owner of any wreck in the possession of the receiver upon establishinghis 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 him40(2) where any articles belonging to or forming part of a vessel other than an indianvessel which has been wrecked or belonging to and forming part of the cargo of such vessel, are found in any area to which this chapter applies 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 articles45(3) where the owner of the wreck does not appear and claim the balance of theproceeds of sale within one year from the date of sale, the said balance shall become the property of the central government225  any claim for recovery of costs for locating and marking of the vessel under sub-section (3) of section 216 shall be made within a period of  three years from the date of determination of the hazard:extinguishment of right toclaim recovery of costs5provided that no claim shall be made after six years from the date of the maritime casualty that resulted in the wreck:provided further that where the maritime casualty consists of a series of occurrences, the six years period shall run from the date of the first occurrence chapter ii salvage10226 (1) this chapter applies to judicial or arbitral proceedings relating to salvage operations in respect of a vessel or any other property, which are instituted in india:application of this chapter to salvageprovided that this chapter shall not apply to the fixed or floating platforms or to mobile offshore drilling units when such platforms or units are on location engaged in the exploration, exploitation or production of sea-bed mineral resources:15provided further that this chapter shall not apply to warships or other non-commercial vessels owned or operated by the government which are entitled, at the time of salvage operations, to sovereign immunity(2) this chapter shall apply, notwithstanding that the vessel undertaking the salvage operations belong to the same owner of the vessel20227 in this chapter, unless the context otherwise requires,—definitions(a) ''damage to the environment'' means substantial physical damage to human health or to marine life of resources in coastal or inland waters or areas adjacent thereto, caused by pollution, contamination, fire, explosion or similar major incidents;25(b) ''payment'' means any reward, remuneration or compensation due under the salvage convention;(c) ''property'' means any property not permanently and intentionally attached to the shoreline and includes freight at risk;(d) ''salvage convention'' means  international convention on salvage, 1989;30(e) ''salvage operation'' means any act or activity undertaken to assist a vessel or any other property in danger in navigable waters or any other waters to which this chapter applies and includes,—(i) the raising, removal, destruction or rendering a vessel harmless which is sunk, wrecked, stranded or abandoned including anything that is or has been on board such vessel;35(ii) the removal, destruction or rendering the cargo of a vessel harmless; (iii) the measures taken to avert or minimise loss to a vessel or its cargo or both; and(iv) any other salvage services40(f) ''salvor'' means any person rendering services in direct connection with salvage operation;(g) ''vessel'' means any ship or craft, or any structure capable of navigationsalvage award228 every master who, renders assistance to any person in danger of being lost at sea, or to property, shall be paid a salvage award for such assistance229 (1) where services are rendered,—45(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;salvage payable for saving life, cargo or wreck(b) in assisting a vessel or saving the cargo or equipment of a vessel which is wrecked, stranded or in distress at any place to which this chapter applies as specified in section 226; or5(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, 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 salvage10230 where salvage operation are rendered by or on behalf of the government or by a vessel of the indian navy or of the coast guard or the commander or crew of any such vessel or the port authorities or any public authority, as the case may be, it shall be entitled to salvage and payment for such services as provided under this chapter and shall have the same rights and remedies in respect of those services as any other salvorsalvage operations controlled by government or port and public authorities salvage contracts15231 (1) subject to the provisions contained in section 232, this chapter shall apply to any salvage operation save to the extent that a contract otherwise provides expressly or by implication(2) the master shall have the authority to conclude contracts for salvage operations on behalf of the owner of the vessel20(3) the master or the owner of the vessel shall have the authority to conclude such contracts on behalf of the owner of the property on board the vessel232 (1) the salvor shall have the following duties towards the owner of the vessel or other property in danger, namely:—duties of salvor, owner and master(a) to carry out the salvage operations with due care;25(b) to exercise due care to prevent or minimise damage to the environment during salvage operations;(c) to seek assistance from other salvors including port authorities or public authorities when circumstances so require; and(d) to accept the intervention of other salvors when reasonably requested to do so by the owner or master of the vessel or other property in danger:30provided that if it is found that such a request was unreasonable, it shall not prejudice the amount of reward of such salvor(2) the owner, master of the vessel or the owner of other property who is  in danger shall have the following duties towards  the salvor, namely:—35(a) to co-operate fully with the salvor during the course of the salvage operations;(b) to exercise due care to prevent or minimize damage to the environmentduring the salvage operations;(c) when the vessel or other property has been brought to a place of safety, toaccept redelivery when reasonably requested by the salvor to do so; and40(d) to provide satisfactory security for the claim, including interest and costs ofthe salvor for salvage operations, at the request of the salvor45233 (1) the central government shall take such measures as may be prescribed  to protect its coastline or related interests from pollution or threat of pollution arising out of a maritime casualty or acts relating to such casualty which may result in major harmful consequencesrights and duties of central government in relation to salvage operations(2) the central government shall give such directions as it deems fit to the concerned vessel owner or the master or the salvor or a port authority or a public authority or any other person in relation to salvage operations5(3) the central government shall, for the purposes of efficient and effective salvage operations, saving life or property in danger and preventing damage to the environment, seek cooperation from the concerned vessel owner or the master or the salvor or a port authority or a public authority or any other person, to give assistance to   vessel in need, to admit to ports of vessel in distress or in need of assistance and to give facilities to salvorsrights of salvors10234(1) a salvor shall have a right to payment for the services rendered by him relatingto salvage operations:provided that no such payment shall be made where there is express and reasonable prohibition from the owner or master of vessel or owner of any other property in danger15(2) the criteria for claiming rewards, the manner of fixing rewards, the payment of special compensation, the apportionment of payment amongst salvors, the salvage of persons, the payment under the contract, the payment for additional services not covered under the contract and the effect of misconduct of salvors on reward or payment under this chapter shall be such as may be prescribed20(3) the salvor shall have right to enforce his maritime lien against the owner or master of vessel or owner of any other property in danger when satisfactory security for his claim, including interest and costs, has not been provided by such personadjudication of disputes235 (1) a dispute relating to claims under this part shall be determined upon applicationmade by either of the disputing parties to the concerned high court25(2) where there is any dispute as to the persons who are entitled to the salvage amount under this section, the high court shall decide the dispute and if there are more persons than one entitled to such amount, the high court shall apportion the amount thereof, among such persons30(3) the cost of and incidental to all proceedings before the high court under this section shall be in the discretion of the high court and 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(4) the high court may, by interim order, direct that the salvor shall be paid such amount as may appear to it to be fair and just, upon such terms, including terms as to security, as may appear to it to be necessary, fair and just, according to the circumstances of each case35extinguishment of claims236 any action relating to payment under this chapter shall extinguish if no action forsuch claim is made within a period of two years from the date of completion of salvage operations237 nothing in this chapter shall  affect,—savings40(a)  any treaty or arrangement with any foreign country to which india is a partywith reference to the disposal of the proceeds of wrecks on their respective coasts; or15 of 1908(b) the provisions of section 29 of the indian ports act, 1908, or any person tosalvage in respect of any property recovered by creeping or sweeping in contravention of that section238 (1) the central government may make rules to carry out the provisions of this partpower to make rules respecting wreck and salvage(2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—(a) the manner of marking wreck under clause (a) of  sub-section (2) of section 216;(b) the time-limit  to remove the wreck under sub-section (5) of section 220;5(c) the other financial security under sub-section (1) of section 222;(d) the measures to be taken to protect the coastline or related interests frompollution or threat of pollution under sub-section (1) of section 233;10(e) the criteria for claiming rewards, the manner of fixing rewards, the payment ofspecial compensation, the apportionment of payment amongst salvors, the salvage of persons, the payment under the contract, the payment for additional services not covered under the contract and the effect of misconduct of salvors on reward or payment under sub-section (2) of section 234;(f) any other matter which is required to be or may be prescribed part xii15 control of indian vessels and foreign vessels engaged in coasting trade239 this part shall apply to all vessels including vessels other than indian vesselapplication of this part licensing of vessels240 (1) no vessel, other than a vessel registered under this act shall engage in the coasting trade of india or exploration, exploitation or research in the coastal waters of india except under a licence granted by the director-general under  sub-section (4)20(2) no other vessel chartered by a citizen of india or a company or a co-operative society other than vessel registered under this act 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 section25(3) an indian controlled tonnage vessel may be granted a licence under this section subject to such conditions as may be specified by the director-general(4) 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; or30(c) a licence for a specified period or voyage(5) a licence granted under sub-section (4), 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:35provided that the central government, if it is of the opinion that it is necessary or expedient in the public interest so to do, it may, by a general or special order, exempt any class of vessels from the provisions of this section241 (1) the director-general may, at any time if the circumstances of the case so require, revoke or modify a licence granted under section 240revocation, modification or surrender of licence40(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(3) when a licence  granted under section 240 ceases to be valid, the person to whom it was granted shall, without unreasonable delay, return it or causes it to be returned to the director-general242 no proper officer shall grant a port clearance to a vessel not registered under this act in respect of which a licence is required under this part, until after the production of such a licence by the owner, master or agent of such vesselno port clearance until licence is producedpower to give direction5243 (1) 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 vessel which has been granted a licence under section 240, with respect to all or any of the following matters, namely:—(i) the ports or places, whether in or outside india, to which, and the routes by which, the vessel shall proceed for any particular purpose;10(ii) the diversion of any vessel from one route to another for any particular purpose;(iii) the classes of passengers or cargo which may be carried in the vessel;15(iv) the order of priority in which passengers or cargo may be taken on or put off the vessel at any port or place, whether in or outside india; (b) in the case of a vessel which has been granted a licence under section 240with respect to the order of priority in which passengers or cargo may be taken on the vessel at any port or place in india from which she is about to proceed for any port or place in india at which she is to call in the course of her voyage20(2) the director-general  may, by notice, require,—(a) the owner, master or agent of any vessel in respect of which a licence granted under section 240; or(b) the owner, master or agent of any vessel in respect of which any directions have been or may be given under clause (b) of sub-section (1), to furnish within the period specified in the notice the information as to—25(i) the classes of passengers and cargo which the vessel is about to carry or is capable of carrying or has carried during any specified period;(ii) any other matter which may be prescribed30(3) notwithstanding anything contained in any other law for the time being in force, the central government may, in public interest, by an order in writing, give such directions as it may deem appropriate to ban any vessel from entering any port, anchorage or offshore facility in india 244 (1) if it appears to the central government,—35(a) that measures have been taken by or under the law of any foreign country forregulating 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; andpowers of central government to protect interests of indian shipping from undue foreign intervention40(b) that such measures, in so far as they apply to things done or, to be doneoutside 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 order45(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 contract or 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 india510(4) if it appears to the central government that any person in india has been or may berequired to produce or furnish to any court,  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 may 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 that orderpower to make rules245 (1) the central government may make rules to carry out the provisions of this part15(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 of licence and  the valid period of  such  licence under sub-section (5) of section 240;20(b) any other matters under sub-clause (ii) of clause (b) of sub-section (2) of section 243;(c) any other matter which is required to be or may be prescribed part xiii sailing, fishing and other vesselsapplication of part25246 (1) save as otherwise provided, this part shall apply to vessels of the following description, namely:—(a) sailing vessel; (b) fishing vessel; (c) vessel without mechanical means of propulsion;30(d) vessel whose net tonnage is less than fifteen and is engaged solely incoasting trade of indiaexplanation—for the purposes of this section, the words "net tonnage" means the measure of the useful capacity of a vessel determined in accordance with the rules made in this behalf(2) the provisions of this act, other than those contained in part i, part ii, part iii, part x, part xiv and this part, shall not apply to vessels under sub-section (1):35provided that the central government may, by notification direct that any other provisions of this act shall also apply to such vessels subject to such conditions, exceptions and modifications as may be specified in the notification40247  if any question arises whether a vessel falls under this part, it shall be decided by the director-general and his decision thereon shall be finaldecision on whether a vessel falls under this part248 (1) every vessel covered under this part shall be manned and carry on board such fittings, material, appliances and apparatus, for safety, security and prevention of pollution as may be prescribedrequirements for safety, security, prevention of pollution, and insurance45(2)  every owner of the vessel covered under this part shall provide a policy of insurance for all persons employed as members of the crew of such vessel against death or personal injury caused by accident arising in the course of their employment, for an amount which shall not be less than the amount as may be notified(3) no vessel shall ply or proceed to sea unless it complies with the provisions under sub-sections (1) and (2)5249 (1) no vessel shall ply or proceed to sea unless there is in force in respect of thatvessel  prescribed certificates granted under this part, the same being applicable to the voyage on which she is about to ply or proceedvessel not to proceed without valid certificates(2) every certificate shall be granted in such manner and shall be in force for such period as may be prescribed:10provided that where a vessel is not at a port at the time of expiry of the certificate, the owner, master, tindal or skipper of that vessel shall inform to the central government and the certificate shall continue to be valid until her first arrival at the next port after the expiry of such period15250 (1) every owner, master or tindal or skipper of a vessel shall maintain or cause to be maintained a statement of the crew of the vessel containing with respect to each member thereof in such form as may be prescribed, namely:—statement relating to crew of vessels to be maintained(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; and20(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)25(3) a copy of such statement and of every change entered therein shall be communicated as soon as possible to the shipping masterinquiry to jettisoning of cargo30251 (1) if any owner, master or tindal or skipper of a 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 or place in india give notice of such jettisoning to the proper officer, and such notice shall contain full particulars of the cargo jettisoned and the circumstances under which such jettisoning took place(2) where the proper officer receives the notice under sub-section (1), he shall forthwith report in writing to the central government and may proceed to make an inquiry into the matter35detention of vessel by proper officer252 (1) any vessel attempting to ply or proceed to sea without free board markings or any vessel which has been so loaded as to submerge such markings or carrying persons in excess of the certified capacity, may be detained by a proper officer until the vessel complies with the rules made in this behalf40(2) except otherwise provided, for the purposes of this part, a proper officer may, at any reasonable time, go on board a vessel, and may inspect or audit the vessel, and any part thereof, the structure, equipment, fittings, arrangements, materials, systems, scantlings, cargo, provisions, stores, her certificates, and certificates of the crew on board:provided that the proper officer shall not unreasonably hinder the operation of the vessel, or unreasonably detain or delay her from proceeding on any voyage45(3) the owner, agent, master or every officer of the vessel shall afford to the proper officer all reasonable facilities for a survey or audit, and provide all such information in respect of the vessel and her structure, equipment, fittings, arrangements, materials, scantlings, systems, cargo, provisions, stores, her certificates, and certificates of the crew, as the proper officer  reasonably requires5detention of unseaworthy vessels253 (1) if any vessel under this part, arrives in or proceeds from a port or place in indiain an unseaworthy condition or which is likely to pose a threat to the security on indian coasts or offshore installations, the vessel may be detained until the owner, master or tindal or skipper takes all reasonable measures to ensure the seaworthiness of the vessel10(2) nothing contained in sub-section (1) shall affect the liability of the person in charge of the vessel in respect of such unseaworthiness or threat to the security on indian coasts or offshore installations under any other provisions of this actpower toexempt15254 (1) notwithstanding anything contained in this part, the central government may, by order in writing and upon such conditions, if any, as it may think fit to impose, exempt any vessel or tindal, skipper or member of crew of such vessel or any class thereof, from any specified requirement contained in or prescribed in pursuance of this act or dispense with the observance of any such requirement in the case of any vessel or tindal, skipper or member of crew of such vessel or any class thereof if it is satisfied that the requirement has been substantially complied with or that compliance with the requirement is or ought to be dispensed with in the circumstances of the case20(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-sectionpower to make rules255 (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:-25(a)  the scale of manning and fittings, material, appliances and apparatus to be carried on board by indian vessel under sub-section (1) of section 248;(b) the certificates required to ply or proceed to sea by a vessel under sub-section (1) of section 249;30(c) the manner of granting of certificate and the period said certificate undersub-section (2) of section 249;(d) the form for maintaining a statement of the crew of the vessel under sub-section (1) of section 250;(e) any other matter which is required to be or may be prescribed35 part xiv penalties and procedurespenalties256 (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 committed under this act40(2) the offences mentioned in column (2) of the table below shall be punishable to the extent mentioned in column (4) of the said table with reference to such offence respectively45(3)  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 fifty thousand rupees(4) the principal officer may, after giving the parties an opportunity of being heard, by order in writing, impose penalties as specified in column (4) of the said table5(5) any person aggrieved by the order under sub-section (4), may, within a period of thirty days from the date of receipt of such order, prefer an appeal before the director-general in such form and manner as the central government may specify in this behalf(6) the director-general may, after giving the parties an opportunity of being heard, within a period of thirty days from the date of receipt of the order under sub-section (5), pass appropriate order which shall be final and binding on all partiestable10 15serialoffencessectionpenaltiesby whomnoof thisthe offenceact totriable  andwhichpenaltiesoffenceimposedhas referred(1)               (2)(3)           (4)   (5)201if any person causes14 (1)imprisonment whichcourta vessel to proceed tomay extend to sixsea in contraventionmonths or fine whichof sub-section (1) ofmay extend to twosection 14lakh rupees, or both252if the owner of an17 (1)fine which mayprincipalindian vessel fails toextend to fiftyofficercomply with, orthousand rupeescontravenes, sub-section (1) of section 17303if any person contravenes20 (2)fine which mayprincipalsub-section (2) ofextend to fiftyofficer section 20thousand  rupees4if the owner fails to deliver22fine which mayprincipalthe certificate of registryextend to fiftyofficerto the registrar as requiredthousand rupeesunder section 22355if any person contravenes24 (1)fine which may extendprincipalsub-section (1) of section 24to one lakhofficerrupees40456if an owner fails to make35fine which may extendprincipalan application forto fifty thousand rupees;   officerregistering  a new vesseland in addition, a fineor for registering anwhich may extend toalteration of a vesseltwo thousand rupeesunder section 35for everyday duringwhich the offence continues afterconviction| (1)                            |                (2)                  | (3)     |            (4)     |    (5)   ||--------------------------------|-------------------------------------|---------|--------------------|----------|| 5                              |                                     |         |                    |          || 7                             | if any distinctive national         | 40      |                    |          || (1)                            |                                     |         |                    |          || fine which may extend          | principal                           |         |                    |          || colours except those           | to two lakh rupees                 | officer |                    |          || declared under                 |                                     |         |                    |          || sub-section                    |                                     |         |                    |          || (1)                            |                                     |         |                    |          || of section 40                  |                                     |         |                    |          || are hoisted on board by        |                                     |         |                    |          || indian vessel                 |                                     |         |                    |          || 10                             |                                     |         |                    |          || 8                             | if any person acts in               | 40      |                    |          || (2)                            |                                     |         |                    |          || fine which may extend          | principal                           |         |                    |          || contravention of               | to fifty thousand rupees officer   |         |                    |          || sub-section                    |                                     |         |                    |          || (2)                            |                                     |         |                    |          || of section 40                 |                                     |         |                    |          || 15                             |                                     |         |                    |          || 9                             | if any person contravenes           | 40      |                    |          || (4)                            |                                     |         |                    |          || imprisonment which             | court                               |         |                    |          || sub-section                    |                                     |         |                    |          || (4)                            |                                     |         |                    |          || of                             | may extend to two                   |         |                    |          || section 40                    | years, or fine which                |         |                    |          || may extend to two lakh         |                                     |         |                    |          || rupees, or both               |                                     |         |                    |          || 10                            | if an owner or a master             | 41      | imprisonment which | court    || of an indian vessel            | may extend to two                   |         |                    |          || contravenes section 41        | years, or fine which                |         |                    |          || may extend to two lakh         |                                     |         |                    |          || rupees, or both               |                                     |         |                    |          || 20                             |                                     |         |                    |          || 25                             |                                     |         |                    |          || 11                            | if any person in the case           | general | imprisonment which | court    || of any declaration made        | may extend to six                   |         |                    |          || in the presence of, or         | months, or fine which               |         |                    |          || produced to, registrar         | may extend  to two                  |         |                    |          || under part iv or in any        | lakh rupees, or  both              |         |                    |          || document or other evidence     |                                     |         |                    |          || produced to such registrar—    |                                     |         |                    |          || 30                             |                                     |         |                    |          || 35                             |                                     |         |                    |          || 35                             |                                     |         |                    |          || 40                             |                                     |         |                    |          || 45                             |                                     |         |                    |          || (i)                            |                                     |         |                    |          || wilfully makes or              |                                     |         |                    |          || assists in making or           |                                     |         |                    |          || procures to be made, any       |                                     |         |                    |          || false statement concerning     |                                     |         |                    |          || the title to or owner vessel   |                                     |         |                    |          || of or the interest existing in |                                     |         |                    |          || any vessel or any share        |                                     |         |                    |          || in a vessel; or                |                                     |         |                    |          || (ii)                           |                                     |         |                    |          || utters, produces or            |                                     |         |                    |          || makes                          | use                                 | of      | any                |          || declaration or document        |                                     |         |                    |          || containing any such false      |                                     |         |                    |          || statement knowing the same     |                                     |         |                    |          || to be false                   |                                     |         |                    |          || 12                            | if the indian charterer fails to 49 |         |                    |          || (7)                            |                                     |         |                    |          || fine which may extend          | principal                           |         |                    |          || inform the registrar under     | to two lakh rupees                 | officer |                    |          || sub-section                    |                                     |         |                    |          || (7)                            |                                     |         |                    |          || of section 49                 |                                     |         |                    |          || 13                            | if any person having                | 51      |                    |          || (2)                            |                                     |         |                    |          || imprisonment which             | court                               |         |                    |          || been engaged as one of         | may extend to six                   |         |                    |          || the officers referred to       | months or fine which                |         |                    |          || in sub-section                 |                                     |         |                    |          || (2)                            |                                     |         |                    |          || of                             | may extend to two                   |         |                    |          || section 51 goes to sea         | lakh rupees, or both               |         |                    |          || as such officer without        |                                     |         |                    |          || holding a certificate          |                                     |         |                    |          || referred to in sub-section     |                                     |         |                    |          || (2)                            |                                     |         |                    |          || of that section               |                                     |         |                    |          || (1)                           |                (2)          | (3)       |            (4)     |       (5)   ||-------------------------------|-----------------------------|-----------|--------------------|-------------|| 5                             |                             |           |                    |             || 14                           | if any person conducts      | 53        |                    |             || (2)                           |                             |           |                    |             || imprisonment which            | court                       |           |                    |             || training course in            | may extend to two           |           |                    |             || contravention of              | years, or fine which        |           |                    |             || sub-section                   |                             |           |                    |             || (2)                           |                             |           |                    |             || of section 53                | may extend to twenty        |           |                    |             || lakhs rupees, or both        |                             |           |                    |             || 10                            |                             |           |                    |             || 15                           | if any person obstructs     | 53        |                    |             || (3)                           |                             |           |                    |             || fine which may                | principal                   |           |                    |             || authorised person under       | extend to two lakh          | officer   |                    |             || sub-section                   |                             |           |                    |             || (3)                           |                             |           |                    |             || of                            | rupees                     |           |                    |             || section 53                   |                             |           |                    |             || 15                            |                             |           |                    |             || 16                           | if any person causes a      | general   | imprisonment which | court       || vessel or fishing vessel      | may extend to six           |           |                    |             || to proceed to sea without     | months or fine which        |           |                    |             || the required certificate      | may extend to two           |           |                    |             || personnel                    | lakh rupees, or both       |           |                    |             || 20                            |                             |           |                    |             || 17                           | if a master fails to comply | 55        |                    |             || (1)                           |                             |           |                    |             || fine which may extend         | principal                   |           |                    |             || with the requirement under    | to fifty thousand rupees    | officer   |                    |             || sub-section                   |                             |           |                    |             || (1)                           |                             |           |                    |             || of                            | and in addition, a fine     |           |                    |             || section 55                   | which may extend to         |           |                    |             || five thousand rupees          |                             |           |                    |             || for everyday during           |                             |           |                    |             || which the offence             |                             |           |                    |             || continues after               |                             |           |                    |             || conviction                   |                             |           |                    |             || 25                            |                             |           |                    |             || 18                           | if any person contravenes   | 63        |                    |             || (4)                           |                             |           |                    |             || fine which may extend         | principal                   |           |                    |             || sub-section                   |                             |           |                    |             || (4)                           |                             |           |                    |             || of section 63                | to two lakh rupees         | officer   |                    |             || 30                            |                             |           |                    |             || 19                           | if any person contravenes   | 66        |                    |             || (2)                           |                             |           |                    |             || imprisonment which            | court                       |           |                    |             || sub-section                   |                             |           |                    |             || (2)                           |                             |           |                    |             || of section 66                | may extend to one year      |           |                    |             ||                              | or fine which may           |           |                    |             || extend to five lakh           |                             |           |                    |             || rupees, or both              |                             |           |                    |             || 35                            |                             |           |                    |             || 20                           | if any person contravenes   | 66        |                    |             || (3)                           |                             |           |                    |             || fine which may extend         | principal                   |           |                    |             || sub-section                   |                             |           |                    |             || (3)                           |                             |           |                    |             || of section 66                | to two lakh rupees, for     | officer   |                    |             || every seafarer engaged        |                             |           |                    |             || in contravention to           |                             |           |                    |             || section 66                    |                             |           |                    |             || (3)                          |                             |           |                    |             || 21                           | if any person,—             |           |                    |             || 40                            |                             |           |                    |             || (i)                           |                             |           |                    |             || is carried sea to work in     | 66                          |           |                    |             || (5)                           |                             |           |                    |             || fine which may extend         | principal                   |           |                    |             || contravention of              | to two lakh rupees for      | officer   |                    |             || sub-section (                 |                             |           |                    |             || 5                             |                             |           |                    |             || ) of section 66,or            | every seafarer engaged in   |           |                    |             || contravention to              |                             |           |                    |             || section 66                    |                             |           |                    |             || (5)                           |                             |           |                    |             ||                              |                             |           |                    |             || 45                            |                             |           |                    |             || 50                            |                             |           |                    |             || (ii)                          |                             |           |                    |             || is engaged to work in any     | fine which may extend       | principal |                    |             || capacity in a vessel in       | to fifty thousand rupees    | officer   |                    |             || contravention of              | for every seafarer engaged  |           |                    |             || sub-section                   |                             |           |                    |             || (5)                           |                             |           |                    |             || of section 66 on              | in contravention to         |           |                    |             || a false representation by his | section 66                  |           |                    |             || (5)                          |                             |           |                    |             || parent or guardian that the   |                             |           |                    |             || young person is of an age     |                             |           |                    |             || at which such engagement      |                             |           |                    |             || is not in contravention of    |                             |           |                    |             || that section                 |                             |           |                    |             || (1)                           |                (2)           | (3)                    |            (4)   ||-------------------------------|------------------------------|------------------------|------------------|| 5                             |                              |                        |                  || 22                           | if any person contravenes    | 66                     |                  || (6)                           |                              |                        |                  || fine which may extend         | principal                    |                        |                  || sub-section                   |                              |                        |                  || (6)                           |                              |                        |                  || of section 66                | to two lakh rupees for       | officer                |                  || every seafarer engaged        |                              |                        |                  || in contravention to           |                              |                        |                  || section 66                    |                              |                        |                  || (6)                          |                              |                        |                  || 10                            |                              |                        |                  || 23                           | if any person contravenes    | 66                     |                  || (7)                           |                              |                        |                  || fine which may extend         | principal                    |                        |                  || sub-section                   |                              |                        |                  || (7)                           |                              |                        |                  || of section 66                | to two lakh rupees for       | officer                |                  || every seafarer engaged        |                              |                        |                  || in contravention to           |                              |                        |                  || section 66                    |                              |                        |                  || (7)                          |                              |                        |                  || 15                            |                              |                        |                  || 24                           | if any person contravenes    | 66                     |                  || (8)                           |                              |                        |                  || fine which may extend to      | principal                    |                        |                  || sub-section                   |                              |                        |                  || (8)                           |                              |                        |                  || of                            | two lakh rupees for every    | officer                |                  || section 66                   | seafarer in respect of whom  |                        |                  || the offence is committed     |                              |                        |                  || 25                           | if any person contravenes    | 66                     |                  || (9)                           |                              |                        |                  || fine which may extend         | principal                    |                        |                  || of sub-section                |                              |                        |                  || (9)                           |                              |                        |                  || of                            | to two lakh rupees for       | officer                |                  || section 66                   | every offence               |                        |                  || 20                            |                              |                        |                  || 26                           | if a master, owner or his    | 67                     |                  || (1)                           |                              |                        |                  || fine which may extend to      | principal                    |                        |                  || agent carries any seafarer to | fifty thousand rupees for    | officer                |                  || sea in contravention          | every seafarer in respect    |                        |                  || sub-section                   |                              |                        |                  || (1)                           |                              |                        |                  || of section 67                | of whom the offence is       |                        |                  || committed                    |                              |                        |                  || 27                           | if any person,—              |                        |                  || 25                            |                              |                        |                  || (a)                           |                              |                        |                  || forges or fraudulently        | general                      | imprisonment which may | court            || alters any certificate of     | extend to six months or      |                        |                  || discharge or a certificate as | fine which may extend        |                        |                  || to the work of a seafarer or  | to two lakh, rupees, or      |                        |                  || a continuous discharge        | both                        |                        |                  || certificate or a copy of      |                              |                        |                  || any such certificate; or      |                              |                        |                  || 30                            |                              |                        |                  || 35                            |                              |                        |                  || (b)                           |                              |                        |                  || fraudulently uses any         |                              |                        |                  || certificate of discharge or a |                              |                        |                  || certificate as to the work of |                              |                        |                  || a seafarer or a continuous    |                              |                        |                  || discharge certificate or a    |                              |                        |                  || copy of any such certificate  |                              |                        |                  || which is forged or altered or |                              |                        |                  || does not belong to him       |                              |                        |                  || 40                            |                              |                        |                  || 28                           | if a master or owner acts in | 73                     |                  || (2)                           |                              |                        |                  || fine which may extend         | principal                    |                        |                  || contravention                 | to one lakh rupees          | officer                |                  || sub-section                   |                              |                        |                  || (2)                           |                              |                        |                  || of section 73                |                              |                        |                  || 29                           | if any master acts in        | 73                     |                  || (5)                           |                              |                        |                  || fine which may extend         | principal                    |                        |                  || contravention                 | to fifty thousand rupees    | officer                |                  || sub-section                   |                              |                        |                  || (5)                           |                              |                        |                  || of section 73                |                              |                        |                  || (1)                            |                (2)           | (3)                                |            (4)                     |        (5)   ||--------------------------------|------------------------------|------------------------------------|------------------------------------|--------------|| 5                              |                              |                                    |                                    |              || 10                             |                              |                                    |                                    |              || 30                            | if a master fails to comply  | 74                                 | fine which may extend              | principal    || with the provisions of this    | to three times the value     | officer                            |                                    |              || act with respect to taking     | of the property not          |                                    |                                    |              || charge of the property or      | accounted for or if such     |                                    |                                    |              || to making in the official      | value is not ascertained,    |                                    |                                    |              || logbook the proper entries     | to twenty thousand           |                                    |                                    |              || relating thereto or to the     | rupees                      |                                    |                                    |              || payment or delivery of         |                              |                                    |                                    |              || such property as required      |                              |                                    |                                    |              || under section 74              |                              |                                    |                                    |              || 15                             |                              |                                    |                                    |              || 31                            | if any person fails, without | 78                                 | fine which may extend              | principal    || reasonable cause, to comply    | to twenty five thousand      | officer                            |                                    |              || with any requisition under     | rupees                      |                                    |                                    |              || section 78                    |                              |                                    |                                    |              || 20                             |                              |                                    |                                    |              || 32                            | if any person commits a      | 83                                 |                                    |              || (9)                            |                              |                                    |                                    |              || imprisonment which may         | court                        |                                    |                                    |              || breach of any term of any      | extend to one month, or      |                                    |                                    |              || award which is binding         | fine which may extend        |                                    |                                    |              || on him under                   | to two lakh rupees, or       |                                    |                                    |              || sub-section (                  |                              |                                    |                                    |              || 9                              |                              |                                    |                                    |              || ) of section 83               | both                        |                                    |                                    |              || 25                             |                              |                                    |                                    |              || 33                            | if a seafarer contravenes    | 83                                 |                                    |              || (14)                           |                              |                                    |                                    |              ||                                |                              |                                    |                                    |              || (a)                            |                              |                                    |                                    |              || ; imprisonment which may       | court                        |                                    |                                    |              || clause                         |                              |                                    |                                    |              || (a)                            |                              |                                    |                                    |              || ,                              | 83                           |                                    |                                    |              || (14)(b)                        |                              |                                    |                                    |              || extend to one month, or        |                              |                                    |                                    |              || or an owner contravenes        | fine which may extend to     |                                    |                                    |              || clause                         |                              |                                    |                                    |              || (b)                            |                              |                                    |                                    |              || ,                              | fifty thousand rupees,       |                                    |                                    |              || of sub-section (               |                              |                                    |                                    |              || 14                             |                              |                                    |                                    |              || ) of                           | or both                     |                                    |                                    |              || section 83                    |                              |                                    |                                    |              || 30                             |                              |                                    |                                    |              || 34                            |                              |                                    |                                    |              || (a)                            |                              |                                    |                                    |              || if any requirement             | 88                           | fine which may extend to principal |                                    |              || under section 88 is not        | fifty thousand rupees        | officer                            |                                    |              || complied within the            | unless he can prove that     |                                    |                                    |              || case of any vessel; or         | the non-compliance was       |                                    |                                    |              || not caused by his              |                              |                                    |                                    |              || in attention, neglect or       |                              |                                    |                                    |              || wilful default;                |                              |                                    |                                    |              || 35                             |                              |                                    |                                    |              || 40                             |                              |                                    |                                    |              || (b)                            |                              |                                    |                                    |              || if any person obstruct the 88  | fine which may extend        | principal                          |                                    |              || shipping master, survey or     | to fifty thousand rupees     | officer                            |                                    |              || or seafarer welfare officer,   | unless he can prove          |                                    |                                    |              || indian consular officer or any | that the obstruction was     |                                    |                                    |              || other officer at any port in   | caused without his           |                                    |                                    |              || the discharge of his duty      | knowledge or connivance     |                                    |                                    |              || under section 88              |                              |                                    |                                    |              || 35                            | if a master fails, without   | 90                                 | fine which may extend to principal |              || reasonable cause, to           | fifty thousand rupees       | officer                            |                                    |              || comply with section 90        |                              |                                    |                                    |              || 45                             |                              |                                    |                                    |              || 36                            | if any person goes on        | 92                                 | fine which may extend to principal |              || board a vessel contrary        | fifty thousand rupees       | officer                            |                                    |              || to section 92                 |                              |                                    |                                    |              || 50                             |                              |                                    |                                    |              || 37                            | if a master or seafarer      | 93                                 | imprisonment which may             | court        || contravenes section 93        | extend to two years or       |                                    |                                    |              || fine which may extend          |                              |                                    |                                    |              || to five lakh rupees           |                              |                                    |                                    |              || (1)                          |                (2)      | (3)     ||------------------------------|-------------------------|---------|| 5                            |                         |         || 10                           |                         |         || 15                           |                         |         || 20                           |                         |         || 38                          | if a seafarer,—         | 94      || (1)                          |                         |         ||                              |                         |         || (a)                          |                         |         || he shall be liable to        | principal               |         || (a)                          |                         |         || deserts his vessel           | forfeit all or any part | officer || under clause                 |                         |         || (a)                          |                         |         || of                           | of the property leaves  |         || sub-section                  |                         |         || (1)                          |                         |         || of                           | on board and of the     |         || section 94;                  | wages 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 earn in          |                         |         || any other vessel in          |                         |         || which employed until         |                         |         || next return to india,        |                         |         || and to satisfy any           |                         |         || excess of wages paid         |                         |         || by the master or owner       |                         |         || of the vessel from which     |                         |         || deserts to any substitute    |                         |         || engaged in his place at a    |                         |         || higher rate of wages         |                         |         || than the rate stipulated     |                         |         || to be paid to him           |                         |         || 25                           |                         |         || 30                           |                         |         || 35                           |                         |         || (b)                          |                         |         || contravenes clause           |                         |         || (b)                          |                         |         || 94 (                         |                         |         || 1                            |                         |         || ) (                          |                         |         || b                            |                         |         || ) he shall, if the           | principal               |         || of sub-section               |                         |         || (1)                          |                         |         || of                           | contravention does not  | officer || section 94                  | amount to desertion, be |         || liable to forfeit out of his |                         |         || wages a sum not              |                         |         || exceeding two days pay       |                         |         || and in addition for every    |                         |         || twenty-four hours of         |                         |         || absence either a sum not     |                         |         || exceeding six days' pay or   |                         |         || any expenses properly        |                         |         || incurred in hiring a         |                         |         || substitute                  |                         |         || 39                          | if a seafarer is guilty |         || of the offence specified     |                         |         || in,—                         |                         |         || 40                           |                         |         || (i)                          |                         |         || clause                       |                         |         || (a)                          |                         |         || of section 95;               | 95                      |         || (a)                          |                         |         || forfeiture out of his        | principal               |         || wages of a sum not           | officer                 |         || exceeding one month's        |                         |         || pay;                         |                         |         || 45                           |                         |         || (ii)                         |                         |         || clause                       |                         |         || (b)                          |                         |         || of section 95;               | 95                      |         || (b)                          |                         |         || forfeiture out of his        | principal               |         || wages of a sum not           | officer                 |         || exceeding two days'          |                         |         || pay;                         |                         |         || (1)                         |                (2)            | (3)     |            (4)        |      (5)   ||-----------------------------|-------------------------------|---------|-----------------------|------------|| 5                           |                               |         |                       |            || 10                          |                               |         |                       |            || (iii)                       |                               |         |                       |            || clause                      |                               |         |                       |            || (c)                         |                               |         |                       |            || of section 95;              | 95                            |         |                       |            || (c)                         |                               |         |                       |            || imprisonment which          | court                         |         |                       |            || may extend to one month     |                               |         |                       |            || and also for every          |                               |         |                       |            || twenty-four hours of        |                               |         |                       |            || continuance of such         |                               |         |                       |            || disobedience or neglect,    |                               |         |                       |            || forfeiture out of his wages |                               |         |                       |            || of a sum not exceeding six  |                               |         |                       |            || days'                       | pay                           | or      | any                   |            || expenses which may have     |                               |         |                       |            || been properly incurred in   |                               |         |                       |            || hiring a substitute;        |                               |         |                       |            || 15                          |                               |         |                       |            || (iv)                        |                               |         |                       |            || clauses                     |                               |         |                       |            || (d)                         |                               |         |                       |            || and                         |                               |         |                       |            || (e)                         |                               |         |                       |            || of                          | 95                            |         |                       |            || (d)                         |                               |         |                       |            || imprisonment which may      | court                         |         |                       |            || section 95;                 | and 95                        |         |                       |            || (e)                         |                               |         |                       |            || extend to three months,     |                               |         |                       |            || or fine of fifty thousand   |                               |         |                       |            || rupees which may            |                               |         |                       |            || extend to one month's       |                               |         |                       |            || pay or both;                |                               |         |                       |            || 20                          |                               |         |                       |            || 25                          |                               |         |                       |            || (v)                         |                               |         |                       |            || clause                      |                               |         |                       |            || (f)                         |                               |         |                       |            || of section 95;              | 95                            |         |                       |            || (f)                         |                               |         |                       |            || forfeiture out of his       | court                         |         |                       |            || wages of a sum equal        |                               |         |                       |            || to the loss sustained       |                               |         |                       |            || and also imprisonment       |                               |         |                       |            || which may extend to         |                               |         |                       |            || three months;               |                               |         |                       |            || 30                          |                               |         |                       |            || (vi)                        |                               |         |                       |            || clause                      |                               |         |                       |            || (g)                         |                               |         |                       |            || of section 95              | 95                            |         |                       |            || (g)                         |                               |         |                       |            || fine which may extend       | principal                     |         |                       |            || to one lakh rupees but      | officer                       |         |                       |            || nothing herein shall take   |                               |         |                       |            || away or limit any other     |                               |         |                       |            || remedy which any person     |                               |         |                       |            || would otherwise have for    |                               |         |                       |            || breach of contract or       |                               |         |                       |            || refund                      | of                            | money   |                       |            || advanced or otherwise      |                               |         |                       |            || 35                          |                               |         |                       |            || 40                         | if any master fails to comply | 98      | fine which may extend | principal  || with section 98            | to one lakh rupees, or        | officer |                       |            || both                       |                               |         |                       |            || 40                          |                               |         |                       |            || 45                          |                               |         |                       |            || 41                         | if a seafarer on or before    | general | fine which may extend | principal  || being engaged wilfully      | to fifty thousand             | officer |                       |            || and fraudulently makes      | rupees                       |         |                       |            || a false statement of the    |                               |         |                       |            || name of his last vessel     |                               |         |                       |            || or alleged last vessel or   |                               |         |                       |            || wilfully and fraudulently   |                               |         |                       |            || makes a false statement     |                               |         |                       |            || of his own name            |                               |         |                       |            || 42                         | if any person contravenes,—   |         |                       |            || (a)                         |                               |         |                       |            || sub-section                 |                               |         |                       |            || (1)                         |                               |         |                       |            || of                          | 104                           |         |                       |            || (1)                         |                               |         |                       |            || fine which may extend       | principal                     |         |                       |            || section 104;                | to two lakh rupees           | officer |                       |            || (1)                         |                (2)           | (3)     |            (4)           |      (5)   ||-----------------------------|------------------------------|---------|--------------------------|------------|| (b)                         |                              |         |                          |            || sub-section                 |                              |         |                          |            || (2)                         |                              |         |                          |            || of                          | 104                          |         |                          |            || (2)                         |                              |         |                          |            || fine which may extend       | principal                    |         |                          |            || section 104                | to two lakh rupees          | officer |                          |            || 5                           |                              |         |                          |            || 43                         | if any person goes to        | 105     |                          |            || (1)                         |                              |         |                          |            || imprisonment which          | court                        |         |                          |            || sea in a vessel contrary    | may extend to one            |         |                          |            || to sub-section              |                              |         |                          |            || (1)                         |                              |         |                          |            || of                          | month, or fine which         |         |                          |            || section 105                | may extend to one lakh       |         |                          |            || rupees, or both            |                              |         |                          |            || 10                          |                              |         |                          |            || 44                         | if a master fails to deliver | 106     | fine which may extend    | principal  || the documents referred      | to fifty thousand rupees    | officer |                          |            || to in sub-section           |                              |         |                          |            || (1)                         |                              |         |                          |            || of                          |                              |         |                          |            || section 106                |                              |         |                          |            || 15                          |                              |         |                          |            || 45                         | if any person harbours       | general | fine which may extend    | principal  || or secretes any deserter    | to fifty thousand rupees    | officer |                          |            || knowing or having reason    |                              |         |                          |            || to believe that he has      |                              |         |                          |            || deserted                   |                              |         |                          |            || 20                          |                              |         |                          |            || 25                          |                              |         |                          |            || 46                         | if any person wilfully       | general | imprisonment which may   | court      || destroys or mutilates or    | extend to one year          |         |                          |            || renders illegible any entry |                              |         |                          |            || in any official logbook     |                              |         |                          |            || or wilfully makes           |                              |         |                          |            || or procures to be made      |                              |         |                          |            || or assists in making a      |                              |         |                          |            || false or fraudulent entry   |                              |         |                          |            || in or omission from an      |                              |         |                          |            || official logbook           |                              |         |                          |            || 30                          |                              |         |                          |            || 47                         | if the vessel contravenes    | 112     | the owner or master of   | principal  || section 112                | the vessel shall be liable   | officer |                          |            || to fine which may extend    |                              |         |                          |            || to fifteen lakh rupees      |                              |         |                          |            || and the vessel may also     |                              |         |                          |            || be detained                |                              |         |                          |            || 48                         | if the master fails, without |         |                          |            || reasonable cause,—          |                              |         |                          |            || 35                          |                              |         |                          |            || (a)                         |                              |         |                          |            || to comply with sub-         | 113                          |         |                          |            || (1)                         |                              |         |                          |            || fine which may extend to    | principal                    |         |                          |            || section                     |                              |         |                          |            || (1)                         |                              |         |                          |            || of section 113;             | fifty thousand rupees       | officer |                          |            || (b)                         |                              |         |                          |            || to comply with              | 113                          |         |                          |            || (2)                         |                              |         |                          |            || fine which may extend       | principal                    |         |                          |            || sub-section                 |                              |         |                          |            || (2)                         |                              |         |                          |            || of section 113             | to two lakh rupees          | officer |                          |            || 40                          |                              |         |                          |            || 49                         | if any person contravenes    | 116     | fine which may extend    | principal  || section 116                | to fifteen lakh rupees       | officer |                          |            || and the vessel may also     |                              |         |                          |            || be detained                |                              |         |                          |            || 45                          |                              |         |                          |            || 50                         | if any vessel proceeds or    | 117     | the master of the vessel | principal  || attempts to proceed to sea  | shall be liable to fine      | officer |                          |            || without carrying on board   | which may extend to          |         |                          |            || the information required    | one lakh rupees             |         |                          |            || by section 117             |                              |         |                          |            || (1)                         |                (2)                 | (3)                       |            (4)          |      (5)   ||-----------------------------|------------------------------------|---------------------------|-------------------------|------------|| 5                           |                                    |                           |                         |            || 10                          |                                    |                           |                         |            || 15                          |                                    |                           |                         |            || 20                          |                                    |                           |                         |            || 51                         | if an vessel other than a          | 118                       |                         |            || (1)                         |                                    |                           |                         |            || the master or owner of      | principal                          |                           |                         |            || vessel exempted under       | the vessel shall be liable         | officer                   |                         |            || part vi is loaded in        | to fine which may extend           |                           |                         |            || contravention of            | to four lakh rupees and            |                           |                         |            || sub-section                 |                                    |                           |                         |            || (1)                         |                                    |                           |                         |            || of section 118             | to such additional fine            |                           |                         |            || not exceeding twenty-five   |                                    |                           |                         |            || thousand rupees for         |                                    |                           |                         |            || every inch or fraction of   |                                    |                           |                         |            || an inch by which the        |                                    |                           |                         |            || appropriate load lines on   |                                    |                           |                         |            || each side of the vessel     |                                    |                           |                         |            || are submerged or would      |                                    |                           |                         |            || have been submerged if      |                                    |                           |                         |            || the vessel had been in salt |                                    |                           |                         |            || waters and had no list, as  |                                    |                           |                         |            || the principal officer       |                                    |                           |                         |            || thinks fit to impose,       |                                    |                           |                         |            || having regard to the        |                                    |                           |                         |            || extent to which the         |                                    |                           |                         |            || earning capacity of the     |                                    |                           |                         |            || vessel is or would have     |                                    |                           |                         |            || been increased by reason    |                                    |                           |                         |            || of the submersion:          |                                    |                           |                         |            || 25                          |                                    |                           |                         |            || 30                          |                                    |                           |                         |            || 35                          |                                    |                           |                         |            || provided that it shall be   |                                    |                           |                         |            || a good defence 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             |                                    |                           |                         |            || 52                         | if a vessel carries passengers 119 | the owner or master shall | principal               |            || in contravention of         | be liable to fine which may        | officer                   |                         |            || section 119                | extend to two lakh rupees         |                           |                         |            || 40                          |                                    |                           |                         |            || 45                          |                                    |                           |                         |            || 50                          |                                    |                           |                         |            || 53                         | if the master owner or             | general                   | imprisonment for a term | court      || agent of a special general  | which may extend to six            |                           |                         |            || trade passenger vessel,     | months, or fine which              |                           |                         |            || after having obtained       | may extend to fifty                |                           |                         |            || any of the certificates     | thousand rupees, or both          |                           |                         |            || referred to in part vi,     |                                    |                           |                         |            || fraudulently does or        |                                    |                           |                         |            || suffers to be done anything |                                    |                           |                         |            || whereby the certificate     |                                    |                           |                         |            || becomes inapplicable to     |                                    |                           |                         |            || the altered state of the    |                                    |                           |                         |            || vessel, or special trade    |                                    |                           |                         |            || passengers other matters    |                                    |                           |                         |            || to which the certificate    |                                    |                           |                         |            || relates                    |                                    |                           |                         |            || (1)                         |                (2)          | (3)                    |            (4)           |      (5)   ||-----------------------------|-----------------------------|------------------------|--------------------------|------------|| 5                           |                             |                        |                          |            || 54                         | if any person contravenes   | 120                    | fine which may extend    | principal  || section 120                | to fifteen lakh rupees      | officer                |                          |            || and the vessel may          |                             |                        |                          |            || also be detained           |                             |                        |                          |            || 55                         | if any person is guilty of  | 121                    |                          |            || (1)                         |                             |                        |                          |            || fine which may extend       | court                       |                        |                          |            || an offence under sub-       | fifty thousand rupees      |                        |                          |            || section                     |                             |                        |                          |            || (1)                         |                             |                        |                          |            || of section 121             |                             |                        |                          |            || 10                          |                             |                        |                          |            || 56                         | if any person is guilty of  | 122                    |                          |            || (1)                         |                             |                        |                          |            || or  imprisonment which may  | court                       |                        |                          |            || an offence under sub-       | 122                         |                        |                          |            || (2)                         |                             |                        |                          |            || extend to six months, or    |                             |                        |                          |            || section                     |                             |                        |                          |            || (1)                         |                             |                        |                          |            || or sub-section              | fine which may extend       |                        |                          |            || (2)                         |                             |                        |                          |            || of section 122             | to two lakhs rupees, or     |                        |                          |            || both                       |                             |                        |                          |            || 15                          |                             |                        |                          |            || 57                         | if a person sends or        | 123                    | imprisonment which may   | court      || attempts to send a          | extend to one year, or      |                        |                          |            || vessel in contravention     | fine which may extend       |                        |                          |            || of section 123             | to two lakhs rupees,        |                        |                          |            || or both                    |                             |                        |                          |            || 20                          |                             |                        |                          |            || 58                         | if any owner causes a       | 124                    | imprisonment which may   | court      || vessel to proceed to sea    | extend to one year, or fine |                        |                          |            || in unseaworthy condition    | which may extend to two     |                        |                          |            || in contravention of         | lakhs rupees, or both      |                        |                          |            || section 124                |                             |                        |                          |            || 25                          |                             |                        |                          |            || 59                         | if oil or oily mixture or   | 131                    |                          |            || any other polluting         |                             |                        |                          |            || substance is discharged     |                             |                        |                          |            || in contravention of         |                             |                        |                          |            || section 131,—               |                             |                        |                          |            || 30                          |                             |                        |                          |            ||                             |                             |                        |                          |            || (a)                         |                             |                        |                          |            || where such discharge        | 131                         | imprisonment which may | court                    |            || is made from an indian      | extend to six months and    |                        |                          |            || tanker anywhere into the    | the owner or master of the  |                        |                          |            || sea;                        | tanker shall be liable to   |                        |                          |            || fine which may extend to    |                             |                        |                          |            || twenty five lakh rupees    |                             |                        |                          |            || 35                          |                             |                        |                          |            ||                             |                             |                        |                          |            || (b)                         |                             |                        |                          |            || where such discharge        | 131                         | fine which may extend  | principal                |            || is made from foreign tanker | to twenty five lakh         | officer                |                          |            || anywhere within the coastal | rupees                     |                        |                          |            || waters of india            |                             |                        |                          |            || 40                          |                             |                        |                          |            || 60                         | if any person contravenes   | 133                    | fine which may extend to | principal  || section 133                | fifteen lakh rupees and     | officer                |                          |            || the vessel may also be      |                             |                        |                          |            || detained                   |                             |                        |                          |            || 45                          |                             |                        |                          |            || 61                         | if the master of a vessel   | 134                    | fine which may extend to | principal  || fails to maintain records   | fifty thousand rupees      | officer                |                          |            || as required by section 134  |                             |                        |                          |            || or contravenes any rule     |                             |                        |                          |            || made under that section    |                             |                        |                          |            || (1)                           |                (2)          | (3)     |            (4)           |      (5)   ||-------------------------------|-----------------------------|---------|--------------------------|------------|| 5                             |                             |         |                          |            || 62                           | if the master of an indian  | 136     | fine which may extend    | principal  || vessel or any person fails    | to one lakh and fifty       | officer |                          |            || to comply with the rules      | thousand rupees            |         |                          |            || made or measure taken         |                             |         |                          |            || under section 136            |                             |         |                          |            || 10                            |                             |         |                          |            || 15                            |                             |         |                          |            || 20                            |                             |         |                          |            || 63                           | if owner of any indian      | 137     | the offender shall be    | court      || vessel, fails to comply       | liable to penalty of        |         |                          |            || with any order issued         | imprisonment which          |         |                          |            || under section 137            | may extend to six months    |         |                          |            || or fine which may extend      |                             |         |                          |            || to five lakh rupees, or       |                             |         |                          |            || both and if the offence is    |                             |         |                          |            || a continuing one, the         |                             |         |                          |            || offender shall be liable to   |                             |         |                          |            || a further fine which may      |                             |         |                          |            || extend to fifty thousand      |                             |         |                          |            || rupees per day for every      |                             |         |                          |            || day during which the          |                             |         |                          |            || offence continues after       |                             |         |                          |            || conviction                   |                             |         |                          |            || 25                            |                             |         |                          |            || 64                           | if any person fails to      | 140     | fine which may extend to | principal  || posses the certificates       | fifteen lakh rupees and the | officer |                          |            || as required under             | vessel may also be          |         |                          |            || section 140                  | detained                   |         |                          |            || 65                           | if the master of a ship     | 193     | fine which may extend to | principal  || contravenes sub-              | fifteen lakh rupees and     | officer |                          |            || section                       |                             |         |                          |            || (1)                           |                             |         |                          |            || of section 193               | the vessel may also be      |         |                          |            || detained                     |                             |         |                          |            || 30                            |                             |         |                          |            || 35                            |                             |         |                          |            || 66                           | if any person fails to      | 207     |                          |            || (2)                           |                             |         |                          |            || fine which may extend         | court                       |         |                          |            || give notice under sub-        | to fifty thousand rupees    |         |                          |            || section                       |                             |         |                          |            || (2)                           |                             |         |                          |            || of section 207               | and in default of           |         |                          |            || payments, simple              |                             |         |                          |            || imprisonment which            |                             |         |                          |            || may extend to three           |                             |         |                          |            || months                       |                             |         |                          |            || 40                            |                             |         |                          |            || 67                           | if any person fails to      | 214     |                          |            || (1)                           |                             |         |                          |            || ;                             | fine which may extend to    | court   |                          |            || report under sub-section      | 214                         |         |                          |            || (2)                           |                             |         |                          |            || ;                             | fifty thousand rupees and   |         |                          |            || (1)                           |                             |         |                          |            || or sub-section                |                             |         |                          |            || (2)                           |                             |         |                          |            || 214                           |                             |         |                          |            || (3)                           |                             |         |                          |            ||                              | in default of payments,     |         |                          |            || or sub-section                |                             |         |                          |            || (3)                           |                             |         |                          |            || of                            | simple imprisonment which   |         |                          |            || section 214                  | may extend to three months |         |                          |            || 45                            |                             |         |                          |            || 68                           | if any person contravenes   | 216     |                          |            || (2)                           |                             |         |                          |            || fine which may extend to      | court                       |         |                          |            || sub-section                   |                             |         |                          |            || (2)                           |                             |         |                          |            || of section                    | two lakh rupees and in      |         |                          |            || 216                          | default of payment, simple  |         |                          |            || imprisonment which may        |                             |         |                          |            || extend to six months         |                             |         |                          |            || 50                            |                             |         |                          |            || 69                           | if any person contravenes   | 240     |                          |            || (1)                           |                             |         |                          |            || or                            | imprisonment which may      | court   |                          |            || sub section                   |                             |         |                          |            || (1)                           |                             |         |                          |            || or sub-                       | 240                         |         |                          |            || (2)                           |                             |         |                          |            || extend to six months, or fine |                             |         |                          |            || section                       |                             |         |                          |            || (2)                           |                             |         |                          |            || of section 240               | which may extend to ten     |         |                          |            || lakh rupees, or both and the  |                             |         |                          |            || vessel may also be detained  |                             |         |                          |            || (1)                         |                (2)            | (3)     ||-----------------------------|-------------------------------|---------|| 5                           |                               |         || 70                         | if any person to whom         | 240     || (5)                         |                               |         || fine which may extend to    | principal                     |         || a licence under sub-section | five lakh rupees and the      | officer || (1)                         |                               |         || or sub-section              |                               |         || (2)                         |                               |         || of                          | vessel may also be            |         || section 240 has been        | detained                     |         || granted fails to comply     |                               |         || with the conditions under   |                               |         || sub-section                 |                               |         || (5)                         |                               |         || of section                  |                               |         || 240                        |                               |         || 10                          |                               |         || 15                          |                               |         || 20                          |                               |         || 25                          |                               |         || 71                         |                               |         || (a)                         |                               |         || if any directions given     | 243                           |         || (1)                         |                               |         || imprisonment which may      | court                         |         || under sub-section           |                               |         || (1)                         |                               |         || of                          | extend to six months, or      |         || section 243 are not         | fine which may extend to      |         || complied with;              | fifty thousand rupees, or     |         || or                          | both                         |         || (b)                         |                               |         || if the owner, master or     | 243                           |         || (2)                         |                               |         || imprisonment which may      | court                         |         || agent on whom a notice      | extend to six months, or      |         || has been served under       | fine which may extend to      |         || sub-section                 |                               |         || (2)                         |                               |         || of section                  | fifty thousand rupees, or     |         || 243 fails to furnish the    | both                         |         || information required within |                               |         || the time specified or       |                               |         || furnishing the information  |                               |         || makes any statement         |                               |         || which he knows to be        |                               |         || false on any material       |                               |         || particular                 |                               |         || 72                         | if any person contravenes     | 244     || (3)                         |                               |         || imprisonment which may      | court                         |         || sub-section                 |                               |         || (3)                         |                               |         || of section                  | extend to six months, or fine |         || 244                        | which may extend to fifty     |         || thousand rupees, or both   |                               |         || 30                          |                               |         || 73                         | if an owner contravenes       | 248     || (2)                         |                               |         || fine which may extend to    | principal                     |         || sub-section                 |                               |         || (2)                         |                               |         || of section                  | one lakh rupees and the       | officer || 248                        | vessel may also be            |         || detained                   |                               |         || 35                          |                               |         || 74                         | if any person contravenes     | 249     || (1)                         |                               |         || fine which may extend to    | principal                     |         || sub-section                 |                               |         || (1)                         |                               |         || of section                  | one lakh rupees and the       | officer || 249                        | vessel may also be            |         || detained                   |                               |         || 40                          |                               |         || 75                         | if the owner, master, tindal  | 250     || (1)                         |                               |         || fine which may extend to    | principal                     |         || or skipper fails to comply  | fifty thousand rupees        | officer || with sub-section            |                               |         || (1)                         |                               |         || of                          |                               |         || section 250                |                               |         || 45                          |                               |         || 76                          | if the owner, master, tindal  | 251     || (1)                         |                               |         || imprisonment which may      | court                         |         || or skipper fails to comply  | extend to three months, or    |         || with sub-section            |                               |         || (1)                         |                               |         || of                          | fine which may extend to      |         || section 251                | fifty thousand rupees,        |         || or both                    |                               |         || 50                          |                               |         || 77                         |                               |         || (a)                         |                               |         || if any person is guilty     | 263                           |         || (2)                         |                               |         || imprisonment which may      | court                         |         || of an offence under sub-    | extend to six months, or fine |         || section                     |                               |         || (2)                         |                               |         || of section 263             | which may extend to two       |         || lakh rupees, or both       |                               |         || (1)                                                                                           |                (2)         | (3)     |            (4)        |      (5)   ||-----------------------------------------------------------------------------------------------|----------------------------|---------|-----------------------|------------|| 5                                                                                             |                            |         |                       |            || (b)                                                                                           |                            |         |                       |            || if the owner, master or                                                                       | 263                        |         |                       |            || (3)                                                                                           |                            |         |                       |            || fine which may extend                                                                         | court                      |         |                       |            || his agent of vessel is guilty                                                                 | to two lakh rupees        |         |                       |            || of an offence under sub-                                                                      |                            |         |                       |            || section                                                                                       |                            |         |                       |            || (3)                                                                                           |                            |         |                       |            || of section 263                                                                               |                            |         |                       |            || 78                                                                                           | if any person acts in      | 270     |                       |            || (2)                                                                                           |                            |         |                       |            || fine which may extend to                                                                      | principal                  |         |                       |            || contravention of sub-                                                                         | fifty thousand rupees     | officer |                       |            || section                                                                                       |                            |         |                       |            || (2)                                                                                           |                            |         |                       |            || of section 270                                                                               |                            |         |                       |            || 10                                                                                            |                            |         |                       |            || 79                                                                                           | if any person contravenes  | 272     |                       |            || (2)                                                                                           |                            |         |                       |            || fine which may extend                                                                         | principal                  |         |                       |            || security measures under                                                                       | to five lakh rupees and    | officer |                       |            || sub-section                                                                                   |                            |         |                       |            || (2)                                                                                           |                            |         |                       |            || of section                                                                                    | the vessel may also be     |         |                       |            || 272                                                                                          | detained                  |         |                       |            || 15                                                                                            |                            |         |                       |            || 80                                                                                           | if any person is guilty of | 274     |                       |            || (2)                                                                                           |                            |         |                       |            || fine which may extend                                                                         | principal                  |         |                       |            || an offence under sub-                                                                         | to one lakh rupees        | officer |                       |            || section                                                                                       |                            |         |                       |            || (2)                                                                                           |                            |         |                       |            || of section 274                                                                               |                            |         |                       |            || 81                                                                                           | if any vessel is detained  | general | fine which may extend | principal  || under the provisions of                                                                       | to fifteen lakh rupees    | officer |                       |            || this act for which no fine                                                                    |                            |         |                       |            || is provided                                                                                  |                            |         |                       |            || 20                                                                                            |                            |         |                       |            || place of trial                                                                                |                            |         |                       |            || and                                                                                           |                            |         |                       |            || jurisdiction of                                                                               |                            |         |                       |            || court                                                                                        |                            |         |                       |            || 257                                                                                          |                            |         |                       |            || any person committing any offence under this act or any rules made thereunder,                |                            |         |                       |            || may be tried for such offence before any place in which he may be found, or in any court      |                            |         |                       |            || which the central government may, by notification, direct in this behalf, or in any court in  |                            |         |                       |            || which he might be tried in any other law for time being in force                             |                            |         |                       |            || 2 of 1974                                                                                    |                            |         |                       |            || 25                                                                                            |                            |         |                       |            || special                                                                                       |                            |         |                       |            || provision                                                                                     |                            |         |                       |            || regarding                                                                                     |                            |         |                       |            || punishment                                                                                   |                            |         |                       |            || 258                                                                                          |                            |         |                       |            || notwithstanding anything contained in section 29 of the code of criminal                      |                            |         |                       |            || procedure, 1973, it shall be lawful for a metropolitan magistrate or a judicial magistrate of |                            |         |                       |            || the first class to pass any sentence authorised by or under this act on any person convicted  |                            |         |                       |            || of an offence under this act or any rules made thereunder                                    |                            |         |                       |            || cognizance of                                                                                 |                            |         |                       |            || offence                                                                                      |                            |         |                       |            || 30                                                                                            |                            |         |                       |            || 259                                                                                          |                            |         |                       |            || the penalties to which the masters or owners of special trade passenger vessels               |                            |         |                       |            || are made liable by section 256 shall be enforced only on a report made by the proper officer  |                            |         |                       |            || in this behalf                                                                               |                            |         |                       |            || offences by                                                                                   |                            |         |                       |            || companies                                                                                    |                            |         |                       |            || 260                                                                                          |                            |         |                       |            || (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 its business, as well as the company, shall be deemed to be        |                            |         |                       |            || guilty of the offence and shall be liable to be proceeded against and punished accordingly:   |                            |         |                       |            |35provided 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 offence40(2) notwithstanding anything contained in sub-section (1), where an offence under this act has been committed by a company, and it is proved that the offence was committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary, or any other officer of the company, such director, manager, secretary, or other officer shall also be guilty of that offence and shall be liable to be proceeded against and punished accordinglyexplanation— for the purposes of this section,—45(a) "company" includes a co-operative society, a firm or other association of individuals; and(b) "director" in relation to a firm means a partner in the firm5depositions to be received in evidence when witness cannot be produced261 (1) whenever, in the course of any legal proceeding under this act instituted at any place in india before any court or metropolitan magistrate or a judicial magistrate of the first class 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 any court or metropolitan magistrate or a judicial magistrate of the first class or person so authorised, any deposition previously made by the witness in relation to the same subject-matter before any court or metropolitan magistrate or a judicial magistrate of the first class in any other place in india or, if elsewhere, before any indian consular officer, shall be admissible in evidence,—10(a)  if the deposition is authenticated by the signature of the presiding officer of any court or metropolitan magistrate or a judicial magistrate of the first class  or consular officer, before whom it is made;15(b) if the defendant or the person accused had an opportunity by himself or has 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 accused20(2)   it shall not be necessary in any case to prove the signature or official character of the person appearing to have signed such deposition, and a certificate by such person that the defendant or person accused had an opportunity of cross-examining the witness, and that the deposition, if made in a criminal proceeding, was made in the presence of the person accused, shall, unless the contrary is approved, be sufficient evidence that he had that opportunity and that it was so made25power to detain foreign vessel that has occasioned damage30262 (1) whenever any damage has in any part of the world been caused to property belonging to the government or to any citizen of india or a company by a vessel other than an indian vessel and at any time thereafter that vessel 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 vessel, issue an order directed to any proper officer or other officer named in the order requiring him to detain the vessel until such time as the owner, master or coassignee 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 proceeding that may be instituted in rest of the damage, and any officer to whom the order is directed shall detain the vessel accordingly35 40(2) whenever it appears that before an application can be made under this section, thevessel in respect of which the applications to be made will have departed from india or the territorial waters of india, any proper officer may detain the vessel for such time as to allow the application to be made and the result thereof to be communicated to the officer detaining the vessel, and that officer shall not be liable for any cost or damages in respect of the detention unless the same is proved to have been made without reasonable grounds(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 purposes of such proceeding be deemed to be the owner of the vessel that has occasioned the damage45power to enforce detention of vessel263 (1) where under this act a vessel is authorised or ordered to be detained, any commissioned officer of the indian navy or indian coast guard or any port officer, pilot, harbour master, conservator of port or customs collector may detain the vessel under instruction of the proper officer(2) if any vessel after detention or after service on the master for any notice of, or order for, such detention proceeds to sea before she is released by any competent authority, the master of the vessel shall be guilty of an offence under this sub-section505(3) when a vessel 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 vessel, the owner, master or agent of such vessel shall each be liable to pay all expenses of, and incidental to, such person being so taken to sea and shall also be guilty of an offence under this sub-section10(4) when any owner, or master or agent is convicted of an offence under sub-section (3), the convicting court or metropolitan magistrate or a judicial magistrate of the first class, as the case may be, may inquire it 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 fineslevy of wages, etc, by distress of movable property or vessel15264 (1) when an order under this act for the payment of any wages or other sums of money is made by any court or metropolitan magistrate or a judicial magistrate of the first class or other officer or authority, and the money is not paid at the time or in the manner directed, the sum mentioned in the order with such further sum as may be thereby awarded for costs, may be levied by distress and sale of the movable property of the person directed to pay the same under a warrant to be issued for that purpose by  such a court or metropolitan magistrate or a judicial magistrate of the first class20 25(2) where any court or metropolitan magistrate or a judicial magistrate of the first class or other officer or authority has power under this act to make an order directing payment to be made of any seafarer's  wages, fines or other sums of money, then if the person so directed to pay the same is the master, owner or agent of a vessel and the same is not paid at the time or in the manner directed by the order of the court or metropolitan magistrate or a judicial magistrate of the first class, or other officer or authority may, in addition to any other power it may have for the purpose of compelling payment by warrant, direct the amount remaining unpaid to be levied by distress and sale of the vessel and her equipment30265 if any vessel other than an indian vessel is detained under this act, or if any proceeding is taken under this act against the master, owner or agent of any such vessel, notice shall forthwith be served on the consular officer of the country in which the vessel is registered, at or nearest to the port where the vessel is for the time being, and such notice shall specify the grounds on which the vessel has been detained or the proceedings have been takennotice to be given to consular representative of proceedings taken in respect of foreign vesselservice of documents266 where, for the purpose of this act, any document is to be served on any person, that document may be served,—35(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;(b) if the document is to be served on the master of a vessel, where there is one, or a person belonging to a vessel, by leaving the same for him on board that vessel, with the person being or appearing to be in command or charge of the vessel; and40(c) if the document is to be served on the master of a vessel where there is no master and the vessel is in india, on the owner of the vessel, or, if such owner is not in india, in some agent of the owner residing in india, or, where no such agent is known or can be found, by serving a copy thereof to the master of the vessel or by affixing at a suitable place on the bridge part xv45 miscellaneous267 the master of any vessel performing a voyage shall, on arrival, at the next port or place of call, intimate the proper officer, the date of any birth or death of any person occurring during the voyage and the cause of death or any other relevant details, as the central government may, by order, specify in this behalfbirth and death of persons on board vessel during a voyage268 (1) if any person dies on board or is missing from an indian vessel, the master shall forthwith inform to the director-general, and the proper officer of the port or the next port of call5inquiry into cause of death on board or person missing from indian vessel(2) on receipt of information under sub-section (1), the proper officer shall enquire into the cause of death and make in the official log book an endorsement to that 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 inquiry10(3) if, in the course of any such inquiry, it appears to the proper officer that a death has been caused on board the vessel by violence or other improper means, he shall either report the matter to the director-general or, if the emergency of the case so requires, shall take immediate steps for bringing the offender to trial45 of 1860269 the following persons shall be deemed to be public servants within the meaning of section 21 of the indian penal code, namely:—(a) every surveyor;certainpersons deemed to be public servants15(b) every person appointed under this act to report information as to shippingcasualties under part x;(c) every person authorised under this act to make any investigation or inquiryand all persons whom he calls to his aid;(d) every person directed to make an investigation into an explosion or fire on avessel; and20(e) every other officer or person appointed under this act to perform any functionsthereunder270 (1) every person who is empowered by this act to make an investigation or inquiry or to board, survey, inspect or detain a  vessel,—25power of persons authorised to investigate, inquire, etc30(a) may go on board any vessel  and inspect the same or any part thereof, or anyof the machinery, equipment or articles on board thereof, or any certificate of the master or other officer to which the provisions of this act or any of the rules  made thereunder apply, not unnecessarily detaining or delaying the vessel  from proceeding on any voyage, and if in consequence of any incident to the vessel or for any other reason it is considered necessary so to do, may require the vessel to be taken into dockfor the purpose of inspection or survey;(b) may enter and inspect any premises, the entry and inspection of whichappears to be requisite for the purpose aforesaid;35(c) may, by summons under his hand, require the attendance of all such personsas 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, ordocuments;40(e) may administer oaths or may in lieu of requiring or administering an oath,require every person examined by him to make and subscribe a declaration of the truth of the statements made by him in his examination; and(f) may muster the crew of any such vessel(2) no person shall hinder or obstruct any officer or person referred to in sub-section (1)from going on board any vessel or otherwise impede him in the execution of his duties or the exercise of his powers under this act455power to permit alternative provisions and arrangement271 where this act requires that provisions or arrangements for a vessel shall meetthe obligations under the convention the central government may, after satisfying itself based on the convention or its protocol or its amendments or by trials or otherwise, as effective as that so required, by an order, permit such other provisions or arrangements to be used or provided272 (1) no vessel provided with a nuclear power plant shall proceed to any port orplace in india including territorial waters thereof without permission of the central governmentcontrol of nuclear vessels and security measures(2) the central government may, by general or special order, issue such direction, asit deems fit, to the registered owners of the vessels, for taking such security measure as may be necessary10273 the central government may, by notification, direct that the provisions of thisact or any of them shall not apply to vessels belonging to the government or to any class of such vesselsexemption of public vessels,foreign andindian power to exempt15274 (1) notwithstanding anything contained in this act, the central governmentmay, by order in writing and upon such conditions, if any, as it may think fit to impose, exempt any vessel or tindal or seafarer or any class thereof, from any specified requirement contained in or prescribed in pursuance of this act or dispense with the observance of any such requirement in the case of any vessel or tindal or seafarer, or any class thereof if it is satisfied that the 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:20provided that no exemption which is prohibited by the safety convention or pollutionprevention convention shall be granted under this sub-section(2) where an exemption is granted under sub-section (1) subject to any conditions, abreach of any of those conditions shall, without prejudice to any other remedy, be deemed to be an offence under this sub-section25general power to make rules275 without prejudice to any other power to make rules contained elsewhere in thisact, the central government may make rules generally to carry out the provisions of this act276 (1) all rules made under this act shall be   published in the official gazette andshall be subject to the condition of previous publicationprovisions with respect to rules30(2) in making a rule under this act, the central government may direct that a breachthereof shall be punishable with fine which may extend to fifty thousand rupees, and if thebreach is a continuing one, with further fine which may extend to five thousand rupees for every day after the first day during which the breach continues35 40(3) every rule made or notification issued under this act shall be laid as soon as maybe after it is made before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or notification or both houses agree that the or notification rule should not be made, the rule or notification 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 notification277 no suit or other legal proceeding shall lie against any person for anything whichis in good faith done or intended to be done under this actprotection of persons acting under  the act45278 the central government may enter into agreement with other countries ororganisations for effective implementation of the provisions of this actagreement with other countries removal ofdifficulties50279 (1) if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may, by order, published in the official gazette, make such provisions not inconsistent with the provisions of this act, as appear to be necessary for removing the difficulty:provided that no such order shall be made under this section after the expiry of a period of three years from the commencement of this act(2) every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament part xvi 5 repeals and savingsrepeal and savings44 of 1958 19 of 1838280 (1) the merchant shipping act, 1958 and the coasting vessels act, 1838 are hereby repealed(2) notwithstanding the repeal of any enactment by sub-section (1),-10(a) any notification, rule, regulation, bye-law, order or exemption issued, madeor granted under any enactment hereby repealed shall, until revoked, have effect as if it had been issued, made or granted under the provisions of this act;15(b) any  office established or created, officer appointed and anybody elected orconstituted under any enactment hereby repealed shall continue and shall be deemed to have been established, created, appointed, elected, or constituted, as the case may be, under this act;(c) any document referring to any enactment hereby repealed shall be construedas referring to this act or to the  provision of this act;20(d) any fine levied under any enactment hereby repealed may be recovered as ifit had been levied under this act;(e) any offence committed under any enactment hereby repealed may beprosecuted and punished as if it had been committed under this act;(f) any vessel registered under the merchant shipping act, 1958 hereby repealed shall be deemed to have been registered under this act;2544 of 1958(g) any mortgage of vessels recorded in any register book maintained at anyport in india under the merchant shipping act, 1958 any enactment hereby repealedshall be deemed to have been recorded in the register book under the corresponding provision of this act;30 35(h) any licence, certificate of competency or service, certificate of survey, a or bcertificate, safety certificate, qualified safety certificate, safety equipment certificate, exemption certificate, international or indian load line certificate or any other certificate or document issued, made or granted under any enactment hereby repealed and in force at the commencement of this act shall be deemed to have been issued, made or granted  under this act and shall, unless cancelled under this act, continue in force until the date shown in the certificate or document, as the case may be;(i) any proceeding pending before any court under any enactment here byrepealed may be tried or disposed of under the corresponding provisions of this act;(j) the officers existing under the commencement of this act shall continue as if they have been established under this act;(k) any person appointed under or by virtue of any repealed enactment shall bedeemed to have been appointed to that office under or by virtue of this act;(l)any inspection, investigation or inquiry ordered to be done under theprovisions of any repealed enactment shall continue to be proceeded with as if such inspection, investigation or inquiry ordered to be done under the corresponding provisions of this act10 of 18975(3) the mention of particular matters in this section shall not be held to prejudice or affect the general application of section 6 of  the general clauses  act, 1897, with regard to the effect of repeals statement of objects and reasonsthe merchant shipping act, 1958 has been enacted to foster the development and ensure the efficient maintenance of an indian mercantile marine in a manner best suited to serve the national interests and for that purpose to establish a national shipping board and a shipping development fund, to provide for the registration of indian ships and generally to amend and consolidate the law relating to merchant shipping the said act has been amended several times and now contains more than 560 sections2 internationally, merchant shipping industry has undergone various changes in recent years  in order to meet the new challenges and promote 'ease of  doing business', reforms are required to increase tonnage under indian flag and share of indian seafarers, safeguard the rights and privileges of seafarers, enhance the safety and security of vessels and life at sea, prevent marine pollution, provide for maritime liabilities and compensations, and to develop indian costal shipping and trade, etc3the coasting vessels act, 1838 is a legislation of british era which provides for registration of non-mechanically propelled vessels for a limited jurisdiction of  saurashtra and kutch as it has been decided to bring the registration of all seagoing vessels under the law of  merchant shipping, the coasting vessels act, 1838 will become redundant4 in order to ensure that old and redundant provisions of the laws are replaced with contemporaneous provisions, it has been decided to consolidate and amend the laws relating to merchant shipping to ensure compliance with the country's obligation under the international conventions and maritime treaties to which india is a party and also to ensure the efficient maintenance of indian mercantile marine in a manner best suited to serve the national interest5 in view of the above, it has become imperative to repeal the merchant shipping act, 1958 and the coasting vessels act, 1838 and to provide for contemporaneous, futuristic and dynamic legislation, namely, the merchant shipping bill, 2016 to meet the requirements of india as an emerging economy6 the merchant shipping bill, 2016, inter alia, seeks to provide for the following, namely:––(a) to register all seagoing vessels, whether propelled or not, including certain residuary category of vessels not covered under any statute;(b) to allow substantially-owned vessels and vessels chartered on bareboat charter-cum-demise (bbcd) contract by indian entities to be registered as indian flag vessels, to recognise indian controlled tonnage as a separate category, and dispense with the requirement for issuing licences to indian flag vessels for coastal operation, so as to facilitate augmentation of indian tonnage and promotion of coastal shipping;(c) to simplify and consolidate the regime for survey, inspection and certification of vessels which are scattered in various parts of the merchant shipping act, 1958 by placing them together, for convenience of the indian shipping industry;(d) to monitor the maritime education leading to grant of certificate of competency or certificate of proficiency in accordance with either the provisions of international convention or otherwise to impart quality education to prospective seafarers, and to facilitate indian seafarers to work onboard vessels with respective certificate and qualification;(e) to entitle the seafarers held in captivity of pirates to receive wages till they are released from captivity and reach home safely so as to ensure welfare of seafarers;(f) to make insurance compulsory for the crew engaged on vessels including fishing, sailing, non-propelled vessels and vessels whose net tonnage is less than fifteen and solely engaged in coasting trade of india, by the owner of the vessel;(g) to dispense with the requirement of signing of articles of agreement by the crew before the shipping master so as to facilitate early employment of seafarers;(h) to make provisions for security-related aspects with respect to vessels, which will enable identification and ensure coastal security;(i) to make provisions so as to give effect to seven conventions of international maritime organisation, namely, (i) the intervention convention, 1969, (ii) the search and rescue convention, 1979, (iii) the annex vi to the international convention on prevention of pollution from ships, (iv) the convention for control and management of ships ballast water and sediments, 2004, (v) the nairobi wreck removal convention, 2007, (vi) the salvage convention,1989 and (vii) the international convention for bunker oil pollution damage, 2001;(j) to repeal the coasting vessels act,1838 and the merchant shipping act,1958 7 the bill seeks to achieve the above objectivesnew delhi;nitin gadkari5 december,  2016 notes on clausesclause 1 –– this clause seeks to provide for short title and commencement of the bill clause 2––this clause seeks to provide for application of the bill it specifies the application of the bill to the vessels registered, vessels required to be registered and vessels other than preceding two categories it also specifies the extent of application of the bill to indian controlled tonnage vesselsclause 3–– this clause contains definitions of various expressions used in the billit defines the expressions, inter alia, "costs", "coasting trade of india", "convention","distressed seafarer", "family", "indian controlled tonnage vessel", "port of registry", "sailing vessel", "ship", "special trade", "vessel"clause 4––this clause seeks to provide for establishment of the national shipping board it provides for the composition of the board, consisting of six members of parliament; sixteen members to be appointed by the central government and equal number to be included in the board representing the ship owners and seafarers; and the term of its members, its power to advise the central governmentclause 5––this clause seeks to provide for the constitution of the seafarer welfare board to advise the central government on the measures for promoting the welfare of the seafarersclause 6–– this clause empowers the central government to appoint a person to be the director-general of shipping for the purposes of exercising or discharging the powers, authority or duties conferred on or imposed by under the provisions of the bill this clause also empower the central government to delegate its power to director-general and he may with the approval of the central government delegate his powers to other officer or authority and the officers appointed under the bill shall discharge their functions under the general superintendence and control of the director-generalclause 7–– this clause empowers the central government to appoint surveyors at such port or place as it may consider necessary it further empowers the central government to authorise any person or body of persons, as surveyor in case of cargo vesselclause 8–– this clause seeks to empower the central government to appoint radio inspectors relating to radio communicationclause 9–– this clause seeks to empower the central government to establish and maintain  office of the mercantile marine department at the ports of mumbai, kolkata, chennai, kochi, kandla and such other ports or places in india for the administration of the provisions of the bill and the rules made thereunder  it further provides that the office of the mercantile marine departments at the ports of mumbai, kolkata, chennai, kochi, kandla and any other port or place as notified by the central government shall be in the charge of the principal officer, and the office at any other port or place shall be in the charge of such officer as the central government may appoint in this behalfclause 10––this clause empowers the central government to establish shipping office and appoint shipping master and other officers as it may consider necessary it provides that if at any place such shipping office is not established then either the mercantile marine department, or port officer or any other office may conduct the business of shipping office it further provides that any act done by deputy shipping master, assistnat shipping master or any other officer in shipping office shall have the same effect as if done by the shipping masterclause 11–– this clause seeks to empower the central government to establish at every port a seafarer's employment office and shall appoint thereto a director and as many deputy directors and assistant directors as it may consider necessary it provides that all acts done by deputy director or assistnat director shall have the same effect as if done by the director himself it also provides that if at some port, seafarers employment office is not available then at such place the central government has power to appoint a person or body of persons to carry out the functions of the seafarer's employment office and such person or body of persons shall be deemed to be seafarers employment officeclause 12––this clause seeks to empower the central government to appoint seafarers welfare officer in any port or place outside india it specifies the duties which the seafarers welfare officer needs to perform it further provides that if any seafarer's welfare officer appointed at any port outside india performs any functions assigned to an indian consular officer, such functions shall have the same effect as if they had been performed by an indian consular officerclause 13–– this clause seeks to provide for application of part iii of the bill it provides for the application of the provisions of part iii to all sea-going vessels for the purposes of registration of vesselsclause 14–– this clause seeks to impose obligation for registration of every vesselit provides that every indian vessel shall be registered under part iii at such port or place of registry as may be notified by the central government it further provides that the vessels registered under the coasting vessels act, 1838, which has been proposed for repeal by this bill, shall be re-registered under the provisions of this bill within one year of coming into force of the bill and the vessels registered under the existing act shall be deemed to be registered under this bill  it also provides that all vessels belonging to the government, other than  vessels  of the  indian navy, indian coast guard, customs authorities, central paramilitary forces, coastal police and other police agencies, shall be registered under this billsub-clause (2) of this clause enables the registration of an indian vessel out of india with such conditions as may be made by rules sub-clause (3) provides that no vessel shall be an indian vessel or an indian controlled tonnage vessel unless such vessel is substantially owned by any of the person specified therein sub-clause (4) mandates that indian vessel proceeding to sea without a valid certificate of registration shall be detained unless it produces such certificateclause 15––this clause seeks to appoint the registrar of indian vessels  it provides that at any port, the principal officer of the mercantile marine department, shall be the registrar of indian vessels at that port, and at any other place in india such authority as the central government may, appoint, shall be the registrar of indian vessels at that place it further provides that every registrar shall keep a register book and shall make entries in that book be made, and maintain the records of vessels registered under this bill, in such manner as may be provided by rulesclause 16–– this clause seeks to provide of application of  registry it provides that an application for the registry of an indian vessel shall be made to the registrar in such form and manner as may be provided by rulesclause 17–– this clause seeks to provide for marking, survey and measurement of vessels before registry it provides that the owner of every indian vessel in respect of which an application for registry is made shall cause such vessel to be marked, surveyed and measured by a surveyor and the tonnage of the vessel ascertained before the registry in such manner as may be made by rules and the surveyor shall grant a certificate specifying the tonnage and build and such other particulars descriptive of the identity of the vessel as may be provided by rules and the certificate of the surveyor shall be delivered to the registrar before registryclause 18––this clause seeks to empower the registrar to inquire into title of an indian vessel to be registered it provides that where it appears to the registrar that there is any doubt as to the title of any indian vessel to be registered as an indian vessel, he may require evidence to be given to his satisfaction that the vessel is entitled to be registered as an indian vessel and if no evidence is given to the satisfaction of the registrar, such vessel shall be liable for forfeitureclause 19–– this clause seeks to provide for  grant of certificate of registry it provides that on completion of registry, the certificate of registry shall be granted to indian vessel it also provides for issuance of tonnage certificate and granting of new certificate of registry in case it is defaced or mutilated or lost or destroyedclause 20–– this clause seeks to provide for custody and use of certificate it provides that the certificate of registry shall be used only for the lawful navigation of the vessel, and shall at all times remain in the custody of the person in charge of the vessel; and shall not be subject to detention by reason of any title, lien, charge or interest whatever had or claimed by any owner, mortgagee or other person to, on or in the vessel and such certificate may be delivered to person entitile to demand the certificate it further provides the possession of illegal certificate of registry as an offenceclause 21–– this clause seeks to provide for endorsement on certificate of change of ownership it provides that whenever a change occurs in the registered ownership of an indian vessel, the owner of the indian vessel shall, for the purposes of endorsement of change of ownership, deliver the certificate of registry to the registrar who shall make an endorsement for that purpose in such manner as may be provided by rulesclause 22–– this clause seeks to provide for delivery of certificate of vessel lost or ceasing to be an indian vessel it provides that in case the vessel is actually or constructively lost, taken by the enemy, burnt or broken up or ceasing for any reason to be an indian vessel, or is to be registered under any other law, every owner of such vessel 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 so that registrar can make entries in his records accordinglyclause 23–– this clause seeks to provide for provisional registration of indian vessel it provides that the registrar, indian consular officer or any person authorised by the central government may issue the certificate  of provisional registration for a period of six months, which may further be extended by three more months to complete the formalities of permanent registration and such provisional certificate is required to be delivered to the registrar for cancellation where a vessel has been permanently registeredclause 24––this clause seeks to provide for the conditions when share of an indian vessel may not be transferred like during emergency without the previous approval of the central government it further provides conditions of transfer or acquision of an indian vessel like satisfaction of mortgages, statutory fee, wages, etc it also provides that the instrument of transfer shall be in writing with requisite particularsclause 25–– this clause seeks to provide for registry of transfer it provides that every instrument for the transfer of an indian vessel 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 vessel 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 and every such instrument shall be entered in the register book in the order of its production to the registrarclause 26––this clause seeks to provide for the transmission of property in indian vessel on death, insolvency, etc it provides for certain action to be completed by the person to whom the property in a vessel has been transferred on the death or insolvency of any registered owner, or by any lawful means other than by a transfer under this bill registrar shall make an entry in the register book and if by such transmission the vessel ceases to be an indian vessel, the registrar need not make any entry in the register bookclause 27–– this clause seeks to provide inter alia, to make an application to the high court for a direction for the sale of a vessel to any citizen of india or any company or body or co-operative society if where the vessel has ceased to be an indian vessel and the registrar of the port of registry to submit report to the central government setting out the circumstances in which the vessel has ceased to be an indian vesselclause 28––this clause seeks to provide for transfer of vessel on sale by order of court it provides that any court may order the sale of vessel or share therein with a declaration vesting in person named by the court the right to transfer that vessel or share, and that person shall thereupon be entitled to transfer the vessel or share in the same manner and to the same extent as if he were the registered owner thereofclause 29–– this clause seeks to provide for mortgage of vessel or share therein which may be made for security for a loan or other valuable considerationclause 30–– this clause seeks to provide the rights of mortgagee it provides that where there is only one registered mortgagee of a vessel or share, he shall be entitled to recover the amount due under the mortgage by selling the mortgaged vessel or share without approaching the high court it further provides that where there are two or more registered mortgagees of a vessel or share they shall be entitled to recover the amount due under the mortgage in the high courtclause 31–– this clause seeks to provide that a  registered mortgage of a vessel or share shall not be affected by any act of insolvency committed by the mortgagor after the date of the record of such mortgageclause 32–– this clause seeks to provide for transfer of mortgage or shares to any person by the instrument and after production of such instrument, the  registrar shall record the details in a register bookclause 33–– this clause seeks to provide for transmission of interests in mortgage in certain circumstances it provides that the interest of a mortgagee in a vessel or share if transmitted on death, or insolvency, or by any lawful means other than by a transfer under this bill, the transmission shall be authenticated by a declaration of the person to whom the interest is transmitted  and it shall be containing a statement of the manner in which and the person to whom the property has been transmitted and shall be accompanied by like evidenceclause 34–– this clause seeks to provide that the indian vessel shall be described by name, call sign and an official number for the purpose of proper identification of the vesselclause 35–– this clause seeks to provide that when the vessel is so altered as not to correspond with the particulars relating to her tonnage or description contained in the register book, then the registrar at the first port at which the vessel arrives after the alteration, shall, on an application being made to him by the owner stating the particulars of the alteration, either cause the alteration to be registered or direct that the vessel be registered anewclause 36–– this clause seeks to provide for provisional certificate and endorsement where vessel is to be registered anew it provides that where any registrar, not being the registrar of the vessel's port of registry, on an application as to an alteration in a vessel directs the vessel to be registered anew, he shall either grant a provisional certificate describing the vessel as altered, or provisionally endorse the particulars of the alteration on the existing certificateclause 37––this clause seeks to provide that where the ownership of any indian vessel is changed, the registrar of the port at which the vessel is registered may on the application of the owner of the vessel, register the vessel anewclause 38––this clause seeks to provide for transfer of registry it provides that the registry of any vessel may be transferred from one port of registry to another on an application to the registrar of the existing port of registry of the vessel made by declaration made 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 effectedclause 39–– this clause seeks to put restrictions on re-registry of abandoned vesselit provides that where a vessel has ceased to be registered as an indian vessel by reason of having been wrecked or abandoned, or for any reason other than capture by the enemy, the vessel shall not be re-registered until she has, at the expense of the applicant for the registry, been surveyed by a surveyor and certified by him to be seaworthyclause 40–– this clause  seeks to empower the central government to declare the proper national colours for all indian vessles and for vessles owned by the government with power to declare different colours for different class of vessels it also empowers the commissioned officer of the indian navy, any officers of the indian coast guard, a surveyor to board and seize and take away the colours which are hoisted contrary to the provisions of bill it also imposes ban on indian national colours on vessels for the purpose of making it appear to be a vessel which is not an indian vesselclause 41––this clause seeks to provide that no owner or master of an indian vessel shall knowingly do anything or permit anything to be done, or carry or permit to be carried any papers or documents, with intent to conceal the indian character of the vessel from any person entitled by any law for the time being in force to inquire into the same with intent to assume a foreign character for the vessel, or with intent to deceive any person so entitledclause 42–– this clause seeks to provide that an indian vessel shall not be entitled to any privileges, benefits, advantages or protection usually enjoyed by indian vessel or to use the indian national colours for indian vessel or to assume the indian national character of such vessel has not been recognised as indian vessel and for the purpose of payment of dues, the liability of fine and forfeiture and the punishment for the offences committed on board such vessles may be dealt with in the same manner as if the vessel is a recognised indian vesselclause 43––this clause seeks to provide that  any vessel that is either wholly or any share therein become subject to forfeiture under part iii, then, any commissioned officer of the indian navy, indian coast guard, any indian consular officer or any other officer authorised by the central government, may seize and detain the vessel, and bring her for adjudication before the high courtclause 44–– this clause seeks to provide for liability of owners it provides that where any person is beneficially interested otherwise than by way of mortgage in any vessel or share in a vessel registered in the name of some other person as owner, the person so interested shall, as well as the registered owner, be subject to all the pecuniary penalties imposed by this bill or any other act on the owners of vessel or shares therein, without prejudice that proceedings for the enforcement of any such penalties may be taken against both or either of the said parties jointly or severallyclause 45–– this clause seeks to provide that any person may inspect any register book, and may obtain a certified copy of any entry in the register book, by making an application to the registrar and the evidentiary value of a certified copy of an entry in the registered bookclause 46––this clause seeks to enable the owner of an indian vessel to may make an application to the registrar to close its registry subject to that there is no unsatisfied mortgage and outstanding claims of the master or seafarer of the vessel in respect of wages have been intimatedclause 47––this clause seeks to provide the application of chapter ii of part iii of the bill it provides that this chapter shall be applicable to any vessel registered under the law of any country other than india and chartered by an indian charterer on bareboat chartercum-demise contractclause 48––this clause contains definitions of various expressions specified in chapter ii of  part iii of  this billclause 49––this clause seeks to provide for registration of vessel chartered on bareboat charter-cum-demise contract and the procedure to be followed and the provisions of  the validity of registration period, its closure with power to hoist indian flag, etcclause 50––this clause seeks to empower the central government to make rules to carry out the purposes covered under part iii of the billclause 51––this clause seeks to mandate that every indian vessel to be provided with the seafarers as per manning scale provided by rules and requirement that the seafarer shall hold such certificate as per grade and the number of persons with such qualifications for manning different types of vessels it also provides that indian national with foreign certificate and foreign national with foreign certificate or indian certificate of competence may be allowed to work on board indian vessel subject to the conditions to be specified in the rulesclause 52––this clause empowers the central government to grant certificate of competency or certificate of proficiency subject to fulfilment of requirements in respect of service, age limit, medical fitness, training, qualifications and examination in accordance with the stcw convention subject to payment of such feeclause 53–– this clause seeks to empower the director-general to administer, supervise and monitor all activities related to training and assessment for grant of certificate of competency or certificate of proficiency and to approve training institute, courses and the method of conducting training for granting such certificates and also with power to authorise any person  to conduct inspection and submit report to himclause 54–– this clause seeks to provide for examination for grant of certificates it empowers the central government to appoint a person to examine the qualification for persons desirous of such certificates it further provides the manner of conducting examination and fee to be charged and payment to the examiner it also provides to grant certificates to applicants who have passed examination it also empowers the central government to withdraw, suspend and cancel such certificate in case it is obtained through false and erroneous information or if the person is guilty of misconduct it also provides for re-issue of certificate in case of loss, etc on payment of such fee as per rulesclause 55–– this clause cast a duty on the master of the vessel to produce the list of seafarers along with the certificate of competency of the seafarer along with the list of crew, etc, to the proper officer it also empowers the surveyor to go on board a vessel for the purpose of ensuring that the seafarers on board possess the certificates as per the stcw conventionclause 56–– this clause seeks to provide that india may recognise foreign certificate of competency and certificate of proficiency as equivalent if they meet essential conditions like standards not being less than that of indian certificate holders and recognitions of indian certificates under part iv in their countries and the certificate recognised as equivalent may be issued with a certificate of endorsement and a person holding the certificate of endorsement shall be considered duly certificatedclause 57––this clause seeks to provide that foreign vessel shall not proceed to sea from any port or place of india without the requisite number of seafarers of appropriate grades and empowers the surveyor to board the vessel for the purpose of ensuring that the seafarers holding certificates are actually appointed and are actually present and are adequate in number for the watch keeping duty in ports and at sea it also empowers the central government to detain a foreign vessel in case of deficiency on the report of the surveyorclause 58–– this clause seeks to provide for obligations of certain certificate holders to serve the government or in indian vessels during a proclamation of emergency or when security of india is threatened according to the provisions of the constitutionclause 59–– this clause seeks to provide for the rule making power of the central government for the provisions of  part ivclause 60––this clause seeks to provide for the applicability of part v it applies to every seafarer, recruitment and placement service and ship ownersclause 61––this clause seeks to  define certain expressions which are specified part vclause 62–– this clause seeks to empower the central government to make rules for the classification of seafarers into different categories, minimum scale and the different scale for different classes of ships and application of the provisions to the seafarer employed or engaged as a member of the crew of a shipclause 63–– this clause seeks to provide for application of maritime labour standards to seafarers and ships registered under this bill, except 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; ships engaged in fishing activities; traditionally built ships such as dhows and junks and ships of war or naval auxiliaries it further provides that the central government shall have power on recommendation of the director-general to extend the provision of this clause to any category of ships and the ships to possess certificate in accordance with the provisions of the maritime labour convention and also prohibits the ships to proceed to sea without possessing the certificateclause 64–– this clause seeks to enumerate the duties of the shipping master clause 65–– this clause seeks to enumerate the business of the seafarer's employment office, such as issuance to licence of recruitment and placement services and to perform any other functions provided by rules made by the central governmentclause 66––this clause seeks to provide for the engagement of seafarer by licensed recruitment and placement service and the owners of indian vessels it prohibits a person other than the owner of the vessel to carry on the business of recruitment and placement of service without license; to engage the seafarers without possession of continuous discharge certificate and identity documents; and the person under sixteen years for engagement or carried to sea to work in any capacity without such  qualifications specified by the central government it also prohibits the engagement of seafarer in a ship without possessing a medical fitness certificate and any person who claims to represent the interests of seafarers shall not demand or receive, either directly or indirectly, from any seafarer or person seeking employment as seafarer or any person on his behalf, any remuneration or donation or fees or compulsory subscription of any kind attributable from such seafarer or person's employment as seafarer, other than the fees authorised by the provisions of  this billclause 66 also provides that the central government may, by notification, fix the fees which shall be payable upon all engagements and discharges of the seafarer and the services of the seafarer engaged in contravention thereof shall not be recognised for the purposes of certification under part ivclause 67––this clause seeks to provide that every master or owner or his agent shall for the purpose of engagement of seafarer enter into an articles of agreement with the seafarer and submit a copy of such agreement to the shipping master it specifies certain provisions therein for engagement of a seafarer who is not a citizen of india it further specifies the time when the wages and provisions shall be taken to begin, and provides that no agreement shall forfeit the lien on the ship or deprive of any remedy for recovery of wages of the seafarer and every stipulation inconsistent with the provisions of this bill will be voidclause 68––this clause  seeks to empower the central government to make rules for the matters relating to seafarer's employment and condition of services including skill development and opportunity or any other requirements under the maritime labour conventionclause 69––this clause seeks to entitle the seafarer to receive wages or compensation for loss of effects in case or 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 bill for his unfitness or inability to proceed on the voyage however he shall not be entitled to receive wages if through negligence he failed to apply to proper authority for relief as a distressed or destitute seafarer it further provides the amount of compensation shall be deposited with the shipping master at the port of engagement in india for payment to a seafarer or in the case of a deceased seafarer with the person nominated by him or in case he has not made any nomination or nomination has become void, to his legal heirs the seafeaver is entitled to receive wages during captivity including incidence of piracy in the course of  his employmentclause 70––this clause seeks to provide that seafarer shall not be entitled to wages like absence without leave, etcclause 71––this clause seeks to provide for compensation to the seafarer by the master, owner or his agent for the damage caused due to premature discharge apart from the wages due and also prescribe the limit of such compensationclause 72––this clause seeks to provide certain restrictions in respect of wages due to a seafarer such as from attachment by order of any court and any assignment prior to the accruing thereof shall not bind the person making the same subject to that it shall not apply if such assignment is under the scheme approved by the governmentclause 73––this clause seeks to provide the manner of discharge of seafarer it provides that if any indian ship is transferred or disposed of, then the seafarer belonging to that ship shall be discharged at that port unless he consents in writing to complete the voyage in the ship if continued it further provides certain conditions for discharge of seafarer, entitlement of wages, etcclause 74––this clause seeks to mandate the master to enter into the log book a statement of the amount due to the seafarer in respect of wages and his property, at the time when such seafarer was  left behind or lost overboard or is deceasedclause 75–– this clause seeks to provide that if the service of the seafarer is terminated without consent at a foreign part and before the expiration of the contract, the master or owner of the ship or his agent shall make adequate provisions for the maintenance of the seafarer according to his rank and rating and for the return of that seafarer to the proper port it further provides that if the master, owner or agent fails without reasonable cause to provide expenses of maintenance and for the journey of proper return port, if defrayed by the seafarer, shall be recoverable as wages due to him and if defrayed by the indian consular officer be regarded as expenses failing within the provisions of clause 86clause 76–– this clause seeks to provide that in case the amount deposited with or recovered by the shipping master is unclaimed as wages for making payment then shipping master after a period not less than six years can utilize that money for the welfare of the seafarer as the central government may directclause 77––this clause seeks to provide that any dispute between the master, owner, or his agent and the seafarer under the agreement shall be submitted to the shipping master and he shall decide upon the dispute submitted and make an award which shall be conclusive it further provides that any person aggrieved by the award shall approach the principle officer for the appeal and if a person is aggrieved by the award of the principle officer shall go for second appeal to the director-general it also provides that an award made under this clause shall be enforced by a judicial magistrate of the first class or a metropolitan magistrate and the provisions of the arbitration and conciliation act, 1996 shall not apply to any matter submitted for decision to the shipping masterclause 78––this clause seeks to provide that the shipping master may require the owner, master or any mate or other member of the crew to produce the logbook, papers or other documents in his possession and also requires their attendance for the purpose of examinationclause 79––this clause seeks to provide that the proceedings for wages of seafearer shall be conducted by summary procedure by the judicial magistrate of the first class or any metropolitan magistrateclause 80–– this clause bars for institution of suits for wages in any civil court except where the owner of the ship is declared insolvent, ship is under arrest or sold by the authority of the court and a judicial magistrate of the first class or the metropolitan magistrate refers claims to the courtclause 81–– this clause seeks to provide that if the seafarer's voyage terminates in india, he shall not be entitled to sue in any court outside india for wages unless he is discharged with such sanction as required under the provisions of the bill and with the written consent of the master or proves ill-usage on the part or by the authority of the master as to warrant a reasonable apprehension of danger to his life if he remains on boardclause 82–– this clause seeks to provide for the rights, liens and remedies of a master of a ship for the recovery of wages same as a seafarer and the same rights of a acting master due to disease or incapacity from illness of the master it empowers the court dealing with the claim of a master in respect of such wages, disbursements to settle all accounts then arsing for outstandingclause 83–– this clause seeks to empower the central government to refer the dispute between seafarer and their employer to the tribunal for adjudicationclause 84––this clause empowers the central government or such officer as appointed by it to recover the wages and compensation due to a seafarer who is lost with the ship to which he belongs, from the master or owner of a ship or his agentclause 85–– this clause seeks to provide that the seafarer can make a nomination of his family member on his behalf subject to that if a seafarer acquires a family after he has made any such nomination, the nomination shall become void and the form for nomination and matters connected with nomination shall be provided by rules by the central governmentclause 86––this clause seeks to provide that in case a seafarer is in distressed condition, the indian consular officer at or near the place where a seafarer is in distress shall, on application being made to him by the distressed seafarer, provide in accordance with the rules made under this bill for the return of that seafarer to a proper return port, and also for the said seafarer's necessary clothing and maintenance until his arrival at such port and expenses incurred in such repatriation shall be a debt due to the central government by the owner or agent of the shipclause 87–– this clause seeks to provide that a certificate of the central government or of such officer as the central government may specify in this behalf, to be provided to any seafarer in distress and that shall be a conclusive evidence that such seafarer is distressed within the meaning of this billclause 88–– this clause seeks to provide that any shipping master, surveyor, seaman welfare officer, indian consular officer under the circumstances mentioned therein enter on board the ship and inspect such ship it further provides that indian ships in international voyage shall possess a maritime labour certificate and a declaration of maritime labour compliance and for the purpose of preventing seafarer from being taken on board any ship at any port in india contrary to the provisions of this bill, the shipping master and other officers may enter at any time on board any such ship he has reason to believe that the seafarer is being shippedclause 89––this clause seeks to provide certain special protection to seafarers in case of litigation it, inter-alia, provides that a seafarer shall, for the purposes of this part, be deemed to be a serving seafarer during any period commencing on the date of the agreement with the crew and ending thirty days after the date on which the seafarer is finally discharged from such agreement and provided that the collector may certify that a person is serving seafarer for the purpose of conducting legal proceedingsclause 90––this clause seeks to enable seafarer to make a complaint against the master or any member of the crew if the ship is at a place where there is a judicial magistrate of the first class or a metropolitan magistrate or when the ship reaches a place where such magistrate is availableclause 91–– this clause seeks to provide that assignment of salvage payable to a seafarer 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 irrevocableclause 92––this clause seeks to provide that any person at any port or place other than a person in the service of the government or duly authorised by law if goes to board a ship without permission, the master of the ship may take such person into custody and deliver him up forthwith to a police officer to be taken before a judicial magistrate of the first class or a metropolitan magistrateclause 93–– this clause seeks to provide that  no indian seafarer shall knowingly 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 and 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 injuryclause 94–– this clause seeks to provide that no seafarer shall dessert his ship or neglect or be absent from ship without leave or without reasonable ground and that refusal, absent etc of a seafarer engaged on the ground of a ship as unseaworthy shall be a reasonable cause provided, if the seafarer before failing or refusing to join a ship informed the master or a shipping master, surveyor, seafarer'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 it further provides that if the seafarer without sufficient reasons absents himself from his ship or desserts his ship and on being satisfied the shipping master may report it to the director-general who may thereupon direct that the seamen identity document and continuous discharge certificate may be held for such period as may be specified and if any seafarer desserts or absents himself from the ship then the master, mate, owner or agent without prejudice to any other action that may be taken against the seafarer under this bill may use such force as may be reasonable in the circumstances of the case it also provides that if a seafarer commits offence of desertion or is absent without leave or any other offence against discipline outside india then, master, mate, owner or agent shall be permitted to arrest him without warrant and the seafarer should not be arrested on improper or insufficient grounds and also provides that if any costs and expenses properly incurred by or on behalf of the master or owner by reason of the conveyance to be paid by the offender then it can be deducted from his wagesclause 95–– this clause seeks to enlist all the actions of discipline in violation of which the seafarer shall be guilty of an offence clause 96–– this clause seeks to provide that if the seafarer is convicted of an offence of smuggling any goods whereby loss or damage is occasioned to the master or the owner, then, a sum sufficient to reimburse the loss or damage could be recovered in lieu of whole or part of his wages and the director-general can cancel or suspend the seafarer identity document or continuous discharge certificate of such seafarer convicted of offence of smugglingclause 97––this clause seeks to provide that if any offence of desertion, absence without leave, against discipline or any other misconduct is committed by seafarer for which offender's agreement imposes a fine,  then entry  of such offence or act shall be made in the official book, and if  the offender is still on ship and it is yet to arrive, he shall be furnished with a copy of the entry and the same be read out to him and then he has to make a reply as he thinks fit and after  which, 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 signedclause 98––this clause seeks to provide that if any seafarer engaged outside india on an indian ship desserts himself in india without leave, the master of a ship within forty eight hours of discovering such desertion or absence report to the shipping master or to such officer as the central government may specifyclause 99––this clause seeks to provide that in case of desertion from indian ship, the master shall produce the official log book to the indian consular officer and the officer shall thereupon make and certify a copy of the entry and shall transmit such a copy of entry certified  to the shipping master to be produced before a legal proceedings and such a certified copy can be admissible in evidence in a legal proceedings for desertionclause 100––this clause  seeks to provide that for proving desertion from ship it has to be shown that the seafarer was duly engaged in or belonged to the ship and he left the ship without completion of the voyage or engagement and entry of desertion of the seafarer's shall be duly made in the official log book it further provides that the desertion leading to forfeiture of wages shall be deemed to be proved unless the seafarer produces proper certificate of discharge or show to the court that he had sufficient reason for leaving the shipclause 101––this clause seeks to provide that wages or other property fortified for desertion from the ship shall be applied for reimbursing the expenses caused by the desertion to the master or the owner or agent subject to that the reimbursement shall be paid to the central government it further provides that the wages earned subsequent to desertion may be recovered clause 102––this clause seeks to provide that any question concerning the forfeiture or deductions from the wages of a seafarer may be determined in any proceeding lawfully instituted with respect to those wagesclause 103––this clause seeks to provide the procedure of deduction of a fine imposed on seafarer for any act of misconduct under the agreement and such proceeds of all fines received by the shipping master shall be used for the welfare of seafarers in a manner as the central government may directclause 104–– this clause prohibits any person to persuade or attempt to persuade a seafarer to neglect or refuse to join or proceed to sea or desert from ship or absent himself from his duty or harbour or secrete a seafarer from doing the sameclause 105–– this clause seeks to provide that no person shall secrete himself and go to sea in a ship without the consent of 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 it further provides that if the master is compelled to take on board any seafaring person  as long as he remains on ship shall be subject to laws of discipline as if the member has signed the agreement with the crew and the master shall report in writing about any person gone to sea on a ship without consent to the proper officer as soon as the arrival of the shipclause 106––this clause seeks to provide that if during the voyage,  the master of indian ship is removed or superseded or quits the ship and is succeeded by the command by some other person, then, 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 and a handing over note enlisting such documents and on  receipt of such documents and the handing over note, the successor shall make an entry in the official log book to that effect which shall also be endorsed by the predecessorclause 107–– this clause seeks to provide that if due facilities shall be given by the government of any country outside india for recovering or apprehending seafarers who dessert from indian ship in that country, the central government may by notification declare that this clause shall apply to seafarers belonging to ships of such country, subject to such limitations or conditions as may be specified in the notification and if the seafarer belonging to ship of any country desserts then,  on the application of a consular officer of that country shall aid in apprehending the desserter and for that purpose may on information given on oath, issue a warrant for his apprehension and on proof of the dessertion order him to be conveyed on board his ship or 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 accordinglyclause 108–– this clause seeks to provide for keeping of official log book for a ship exceeding two hundred tons gross and cast a duty on the master, owner or his agent of every ship for which an official log book is required to be kept, to deliver the official log book to the shipping master as and when required by him it further provides that no entry in the official log book shall be made in repsect of any occurrence prior to arrival of the ship at her final portclause 109––this clause empowers the central government to make rules to carry out the provisions of  part v of the billclause 110–– this clause seeks to provide for application of part vi to indian vessels, and foreign vessels on matters related to safety and security and the port facilities on security aspects and company on matters relating to safety and securityclause 111––this clause seeks to define various expressions specific to chapter vi clause 112––this clause seeks to provide for compliance of various obligations under the international treaties to which india is a party  each of these treaties specified therein contains certain obligations for the state, to enact suitable national legislation to implement and enforce the treaties fully and effectivelyclause 113–– this clause seeks to impose obligation on the master of a vessel to report any incident relating to safety of vessel, safety of persons on board, loss of dangerous cargo to the sea, matters affecting safe navigation, abandonment of vessels, etc, to an authority designated for this purpose by the central governmentclause 114––this clause seeks to impose obligation on  the master of an indian vessel to provide assistance to any distress situation at sea, when he receives such a message seeking assistance it further provides that the master is duty bound to provide assistance until he is relieved of this duty and also provides for the mandatory maintenance of records and the circumstances in which the master is unable to provide assistanceclause 115–– this clause seeks to empower the central government for making arrangements for search and rescue at sea and establishment of rescue coordination centres and sub-centres by india as required under international convention on maritime search and rescue, 1979 and agreement related theretoclause 116––this clause seeks to provide for requirements of radio communication, distress and safety equipment and the certified operators required on shipsclause 117––this clause seeks to mandate that every vessel should possess the information relating to its stability and the effects of any damages to the vessel and the precautions for maintaining water tight integrity of the vesselclause 118––this clause seeks to provide loading of  vessel as per loadline rules and contain provisions to detain a vessel from proceeding to sea if it is loaded in contravention of such rulesclause 119––this clause seeks to obligate every vessel to have appropriate certificates while carrying passengers between ports or places in india, or to or from any port or place in india from or to any port or place out side india it further provides for the central government to specify the conditions for passenger accommodation, passenger and crew amenities, and other facilities while carrying passengers and the master of every passenger vessel to oblige to make a statement about the passengers on board as provided by the rules by the governmentclause 120––this clause seeks to provide that every vessel  should be in possession of valid safety and security certificates whenever she proceeds to sea as required under the convention or agreement referred to in clause 112clause 121––this clause seeks to provide various acts which constitute offences clause 122––this clause seeks to provide that no vessel shall carry or attempt to carry cargo in contravention of clause 120 or shall have on board or in any part thereof a cargo which is not in accordance with the certificate held by the vessel it further provides that for violations, the master shall be held liable and his certificate of competency shall be cancelled or suspended for such period as the central government may specify in an order made in this behalfclause 123––this clause seeks to provide that every person (owner or company or master) who sends an unseaworthy vessel to sea is guilty of an offence and  it mandates the prior consent of the central government for prosecution of such personclause 124––this clause seeks to cast obligation on the ship owner, master or his agent to ensure the seaworthiness of the vessel  for the voyage and to keep her in a seaworthy state during the voyageclause 125––this clause seeks to provide for implementation of safety and security management of the vessels and the port facilities where the vessels have an interface it further provides for maintaining different levels of security by vessels and ports depending on the security situation in the countryclause 126––this clause seeks to provide for the inspection and boarding of vessels, to verify compliance with requirements specified in part vi and to enforce the provisions under the bill and foreign flag vessels can be inspected under port state control being an obligation under the treaties  it further provides for intervention such as detention as a part of the enforcement measure and also for entering into agreements with other countries or organisations for effective implementation of the provisions of this billclause 127––this clause seeks to make the central government liable to pay to the owner or master the costs for an unreasonable detention or undue delay  it further provides that the owner of a vessel shall be liable to pay to the central government its costs of and incidental to the detention and survey of the vessel if the vessel is detained by reason of its condition or due to act of default of owner or master and the vessel shall not be released until such costs are paid and faults are rectifiedclause 128––this clause seeks to empower the central government to make the rules under part vi relating to safety and security aspectsclause 129––this clause seeks to specify the application of part vii  it applies, inter alia, to indian vessels, ports and foreign vessels on matters related to prevention of pollutionclause 130––this clause seeks to define certain expressions which are specific to part viiclause 131––this clause seeks to prevent the ship-generated pollution such as the discharges or emissions of harmful substances or mixtures containing such substances it empowers the central government to make necessary rules for the construction, survey or equipment to be fitted on board ships for this purpose, and to specify the conditions for issuance of the certificates it further provides for the survey of the hull, equipment or machinery of vessel by surveyors and the manner in which certificates are issued to verify and demonstrate the compliance with the applicable pollution prevention requirements, under this part it also provides for controlling the deliberate dumping of wastes and other matter into the sea by shipsclause 132––this clause seeks to provide for meeting various obligations towards prevention of marine pollution under the international maritime treaties specified therein it further provides that the vessel, to which the provisions of the conventions mentioned therein are applicable, to comply with such pollution prevention requirements as may be provided by the rules it also empowers the government to prescribe different rules for pollution prevention for different classes of vesselsclause 133––this clause seeks to provide that every vessel (cargo vessel as well as passenger vessel) shall be in possession of valid pollution prevention certificates as per conventions specified under clause 132, whenever she proceeds to seaclause 134––this clause seeks to ensure that records of ship-generated wastes and disposal are mandatorily maintained, as per the rules made by the central government and also empowers the central government to make rules for the details of records, its custody, the manner in which these are to be maintained and such other related mattersclause 135––this clause seeks to provide that in order to prevent and control the discharges into the sea from ships, every port is required to have necessary facilities to receive the various kinds of wastes generated on ships it further provides that every port or place where the ship has an interface is obliged to provide necessary reception facilities under the applicable international conventions it also provides that the wastes generated during operation, repair and recycling of vessel are collected, handled, treated and disposed of in a safe and environmentally sound manner, to protect human health and the environment and empowers the port authority to impose suitable charges for providing such facilities for receiving wastes from ships it also empowers the central government to give directions in case there are no reception facilities at any port or place in india or that the facilities available at such port or place are not adequate for enabling vessel calling at such port or place to comply with the requirements of pollution preventionclause 136––this clause seeks to obligate the master of a vessel to make a report to the authority designated by the central government, whenever an incident in which the cargo or harmful substances as covered under part vii or the pollution prevention convention is escaping or likely to escape and may cause or threaten to cause pollution of air, any part of coasts or coastal waters of india and the responsibility of the master for failure in making such reports it empowers the central government to direct the owner, agent, master, charterer, operator, lessee or licensee of the vessel through a notice, to take immediate necessary action to prevent or control pollution, in case an incident of pollution occurs or likely to occur and also empowers the central government to take any suitable and appropriate measures, as deemed necessary, to prevent, mitigate or eliminate the threat or danger from pollution, whenever a pollution is caused or likely to be caused by release of harmful substances, or whenever a grave and imminent danger to the coastline or related interest is likely from an incident of pollution or threat of pollutionclause 137––this clause empowers the central government to give directions to indian ships to provide assistance in combating pollution, subject to payment of reasonable fees for the services providedclause 138––this clause seeks to empower the central government to make rules under part vii of the bill relating to pollution prevention aspects covered thereunderclause 139––this clause seeks to put an obligation that every vessel, port facility, shipyard, ship breaking and ship repairing units, offshore facilities or terminal shall be surveyed or audited towards verification of the requirements under the bill  it further provides for the issuance of certificates after satisfactory completion of the survey or audit and once an audit or survey is done, no material change shall be effected without the permission of the central government and in case such modifications are made without informing the central government, such certificates are liable to be cancelled and prevents a vessel from proceeding to sea without the necessary certificates or documents, except when an exemption is granted by the central governmentclause 140––this clause seeks to provide that every vessel shall possess the prescribed certificates, as may be specified  under the rulesclause 141––this clause seeks to empowers the surveyor for the inspection of the vessel as necessary and to board the vessel for implementation and enforcement purposesclause 142––this clause seeks to ensure that every vessel,  company,  port facility, shipyard etc shall be surveyed, audited and certified to confirm the compliance of requirements of various international conventions as specified therein  it also provides for survey and certification of non-convention vesselsclause 143––this clause seeks to provide for the recognition of the certificates issued to ships outside india by the flag authority of the vesselclause 144––this clause seeks to enable indian vessels to be issued with certificates in other countries, as well as issuance of certificates to foreign vessels in indiaclause 145––this clause seeks to empower the central government to make the rules for the matters covered under part viiiclause 146––this clause seeks to specify the application of chapter i of part ix of the bill it applies to indian vessel; and any foreign vessel while it is in a port or place in india including the maritime zones under its jurisdiction as per the territorial waters, continental shelf, exclusive economic and other maritime zones act, 1976 or any other law for the time being in forceclause 147––this clause seeks to provide the methodology for the division of liability when collision, damage, or loss occurs on a vessel or vessels and full liability falls upon the vessel whose fault it lies upon and the total liability is shared depending upon proportion to the degree in which each vessel was to blame and the liability is applicable subject to either of the three criteria's specified therein do not get affected it also provides that references to damage or loss caused by the fault of a vessel shall also include cost due to any salvage or other expenses, after a damage or loss, which is recoverable by way of damages through any law in forceclause 148––this clause seeks to apply when compensation is to be paid in case of loss of life or personal injury; the joint liability of owners of vessels or liability of the owner of the vessel whose fault has been determined; whenever a loss of life or personal injuries are suffered by any person on board a vessel and it prevents depriving any person of any right of defense in court in an action brought against him by the person injured, or any person entitled to sue in respect of such loss of life or  affect the right of any person to limit his liability in that particular caseclause 149––this clause seeks to provide for sharing of the contribution, in case excess payment of contribution is made by one of the vessel which exceeds the proportion in which vessel was in fault, then, the owner can recover by way of contribution the amount of the excess from the owners of the other vessel or vessels to the extent to which those vessels were respectively in fault and the recovery is to be carried out provided that no amount is recovered again, that is, if it has been recovered in the first instance as damages by the person entitled to sue due to a statutory or contractual limitation or exemption it also provides that for the purpose of recovering the contribution referred to therein, the same rights, and powers of the persons entitled to sue for damages in the first instance is available to the person entitled to any contribution and this recovery is in addition to any other remedy provided by law for the time being in forceclause 150––this clause seeks to impose a duty on the master of a vessel to assist the other vessel in case of collision between two vessels without endangering his vessel, crew and passengers it requires the master to save the other vessel from any danger caused by the collision and to standby near the other vessel until the other vessel needs no further assistance and also requires the master to exchange information such as name of its ship, port of registry, last port and next port of callclause 151––this clause seeks to provide for the requirement of recording of statement and circumstances leading to the collision in the log book by the master of every vessel and such entry is required to be signed by the master and also by the officer on watch or one of the seafarerclause 152––this clause seeks to mandate that, report has to be made to the central government or nearest principal officer in case an indian vessel has sustained or caused any accident which results in loss of life or any serious injury to any person or vessel has a 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 bill in respect of the vessel and such report is to be made by either the owner or master or agent, within twenty-four hours after the happening of the accident or damage or as soon as possibleclause 153––this clause seeks to provide that if the owner or agent of an indian vessel feels the vessel has been wholly lost due to non-appearance of the vessel or any other circumstances, they shall send notice to central government relating to the loss and cause of the loss along with the vessel particulars such as the name, official number and port of registry, etcclause 154––this clause seeks to specify the application of chapter ii of part ixrelating to limitation of liability for maritime claims it applies to indian ships, and any ship other than an indian ship while it is in a port or place in india including the maritime zones under its jurisdiction as per the territorial waters, continental shelf, exclusive economic and other maritime zones act, 1976 or any other law for the time being in forceclause 155––this clause seeks to provide for the limitation of liability to shipowner or salvor or person for damages in respect of claims, which are enlisted therein, due to their act, neglect or defaulting it further provides that the limitation of liability shall be applicable even if brought by way of recourse or for indemnity under a contract or otherwise it also specifies various other claims where the limitation of liability shall not applyclause 156––this clause seeks to provide that provisions of clause 155 cannot be applied to limit the liability if, the loss is resulted from a personal act or omission committed with the intent to cause the loss, or recklessly and with the knowledge that such loss would probably resultclause 157––this clause seeks to provide that when limitation of liability is set to apply for multiple claims of the same occurrence, then the claims shall be set off against each other and the provisions of chapter ii of part ix shall apply to the balance, if anyclause 158––this clause seeks to stipulate the limits of liability which will be calculated under the provisions of llmc convention and as per the rules where provisions of llmc convention are not applicable it further details the hierarchy in which the claims are to be paid, that is, this order shall be determined first by claims in respect of loss of life or personal injury followed by claims in respect of damage to harbour works, basins, waterways and aids to navigation it also provides that the limit of liability in case of salvor not operating from any vessel or for any salvor operating solely on the vessel to, or in respect of which he is rendering salvage services, shall be  calculated according to gross tonnage of 1500clause 159––this clause seeks to provide that in respect of claims arising on any distinct occasion for loss of life or personal injury to passengers of a ship the amount limit of liability of the shipowner thereof shall be such as may be provided by rulesclause 160––this clause seeks to provide that the limits of liability as determined in clause 158 shall apply collectively in total to the claims which arise on any distinct occasion as specified therein it further provides that the limits of liability as determined in relation to limit for passenger claims shall apply in total to the claims which arise against the shipowner and any person for whose act, neglect or default he or they are responsible clause 161––this clause seeks to provide that limitation of liability can be invoked even if the limitation fund as mentioned in clause 162 has not been constituted it further provides that the person can only invoke the right to limit liability if the limitation fund has been constituted as per the provisions of this chapterclause 162––this clause seeks to provide for the constitution of  limitation fund with the high court by any person alleged to be liable and against whom legal proceedings are being initiated for claims which are subjected to limitation and the fund shall be constituted in the sum of such of the amounts in accordance with the provisions of clause 158 or 159 as are applicable to claims for which that person may be liable together with interest thereon from the date of occurrence giving rise to the liablity until the date of the constitution of the fund it also provides that the fund amount so constituted shall either to be deposited or guarantee to be produced at the high court and the fund so constituted shall be available only for the payment of claims in respect of which limitation of liability may be invoked and also provide that the fund so constituted by one of the persons or his insurer shall be deemed to be constituted by all persons mentioned in clause 161clause 163––this clause seeks to provide that fund to be distributed among the claimants in proportion to their established claims against the fund based on the limitation of liability as stated in section 158 or 159 as applicable and if the person who is liable or his insurer settles a claim before the fund is distributed, then the right of the claimant maximum to the amount paid, is transferred to that person or insurer it further provides for allowing application with respect of transfer of rights by persons other than those mentioned in the said clause to the level provided by the law it also provides that the high court may order a sufficient sum to be provisionally set aside to enable a person liable or any other person to enforce his claim against the fund at a later date when this person liable or any other person proves that he needs to pay at a later date wholly or partly part any such amount of compensation with regard to which such person would have enjoyed a right of subrogation as provided thereinclause 164––this clause seeks to provide that once claim has been made against the fund by any person that person cannot exercise any right in respect of such claim against any other assets of a person by or on behalf of whom the fund has been constituted and if any ship or property which has been attached or arrested for a claim, belonging to a person on behalf of whom fund has been constituted, then, such ship or property may be released by an order of the high court it further provides that the provisions of this clause shall apply if the claimant claims the fund before high court administering that fund and if the fund is available and transferable with respect to that claimclause 165––this clause seeks to mandate the scope of application of the provisions of limitation of liability it provides that provisions of this clause does not apply to aircushion vehicles or floating platforms and when the person 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 a country, which is a party to the llmc conventionclause 166––this clause seeks to empower the central government to make rules for the matters specified under chapter ii of part ixclause 167––this clause seeks to specify the application of chapter iii of part ixthis chapter applies to oil pollution damage caused by indian ship and any ship other than an indian ship while it is in a port or place in india including the maritime zones under its jurisdiction as per the territorial waters, continental shelf, exclusive economic zone and other maritime zones act, 1976 or any other law for the time being in force this section also applies to the preventive measure taken to minimise the oil pollution damageclause 168––this clause seeks to define certain expressions which are specific to this chapterclause 169––this clause seeks to provide for the liability of owner for any pollution damage caused by the ship it further provides for exemption of the owner from liability if he proves that the pollution damage is the result of an act of war, hostility, civil war, etc, and was wholly caused by an act or omission done with intent to cause damage by a third party and also the damage caused intentionally by a person who suffered the damage or from negligence of that person and specifies the persons against whom the claim for compensation for pollution damage under this chapter or otherwise cannot be madeclause 170––this clause seeks to provide that the owners of all the ships shall be jointly and severally liable for pollution damages in case an incident involves two or more shipsclause 171––this clause seeks to provide that owner may limit his liability under this chapter in respect of any incident, to an aggregate amount by the provisions of the 1992 liability convention unless it is proved that the pollution damage resulted from his personal act or omission, committed or made with the intent to cause such damage, or recklessly and with knowledge that such damage may probably resultclause 172––this clause seeks to provide for the constitution of a limitation fund by the owner, the insurer or any other person providing financial security to the owner 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 it further provides that the constitution of the fund shall not prejudice to the rights of any claimant against the owner for full compensation exceeding the amount deposited or secured in the fundclause 173––this clause seeks to provide that before the fund is distributed, the owner or any of his servants or agents or any person providing him insurance or other financial security has  as a result of an incident paid compensation for pollution damage, such person shall upto the amount he has paid,  acquire by subrogation the rights which the person so compensated may have enjoyed under this chapter and such owner or insurer can also enforce his claim at a later date after the fund is constituted, in case the compensation has been paid before distribution of the fundclause 174––this clause seeks to provide for the power of high court to consolidate all the claims against the fund and to distribute the amount in the fund among all claimants in proportion to their established claims it further provides 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 fundclause 175––this clause seeks to provide that ship carrying more than 2000 tons of oil in bulk as cargo to maintain an insurance or other financial security to cover his liability for pollution damage under chapter iii of part ix  for the amount specified under the provisions of the 1992 liability convention and a certificate to that effect shall be issued by the central government to every indian ship and owner or agent of any foreign ship on payment of a fee as may be specified by rulesclause 176––this clause seeks to provide that the certificate issued by a competent authority in any country outside india which is a contracting party to the 1992 liability convention to any ship wherever it is registered shall be accepted at any port or place in india as if it were issued under the provisions of this billclause 177––this clause seeks to mandate that ships which has on board  2000tonnes of oil in bulk as cargo shall not enter or leave any port or place in india unless it carries the certificate as per the requirements of clause 175 or clause 176 it further provides that the proper officer shall grant inward entry or outward clearance to any ship only when its master produces a certificate as aforementionedclause 178––this clause seeks to provide for the direct liability of the insurer or other person providing financial security for payment of compensation it further provides that the insurer or other person may limit his liability in accordance with the provisions of clause 171 provided that the owner has not exercised this option or avail himself of the defenses which the owner himself would have been entitled to invoke and the defendant may avail himself of the defence that the pollution damage resulted from the wilful misconduct of the owner himself, but the defendant shall not avail himself of any other defence which he might have been entitled to invoke in proceedings brought by the owner against himclause 179––this clause seeks to provide for the limitation period of three years for claiming compensation from the date of oil pollution damage or six years, if the incident consists of a series of occurrencesclause 180––this clause seeks to exempt the war ships or any ship used by the government from the application of chapter iii of part ixclause 181–– this clause seeks  to empower the central government to make rules for the matters covered under chapter iii of part ixclause 182–– this clause seeks to  provide for  the application of chapter iv of part ix relating to civil liability for bunker oil pollution damageclause 183–– this clause seeks to define certain expressions specific to this chapter clause 184–– this clause seeks to provide the types of liabilities with respect to pollution caused due to bunker oil discharge or escape which the ship owner shall be liable forclause 185–– this clause seeks to exempt from liability for the ship owner, in certain situations such as,  if the pollution damage is caused due to act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character; or was wholly caused by any act or omission done with an intent to cause such damage by any person other than an employee or agent of the owner it further provides to exonerate the liability of the ship owner when it is proved that the  person suffered the damage has intentionally done the damage or due to negligence an oil pollution damage was causedclause 186–– this clause seeks to provide for the ship owner or insurer to limit his liability for one or more incidents specified therein in accordance with chapter ii of part ixclause 187–– this clause seeks  to provide for determination of limitation of liability by the high court and the amount once determined has to be deposited with the high courtclause 188–– this clause empowers the high court to consolidate all claims and distribute the amount amongst the claimantsclause 189–– this clause seeks to stipulate the limitation period  of three years for claiming compensation from the date of bunker oil pollution damage or six years if the incident consists of a series of occurrencesclause 190–– this clause seeks to provide that the owner of ship of more than gross tonnage of thousand has to maintain compulsory insurance coverage or financial security to the limits specified under the provisions of the llmc conventionclause 191––this clause seeks to provide for authority for direct action against the insurer or other person providing financial security it provides that the insurer or other person may limit his liability in accordance with the provisions of clause 183 provided that the owner has not exercised this option or avail himself of the defenses which the owner himself would have been entitled to invoke it further provides that the defendant may avail himself of the defence that the pollution damage resulted from the wilful misconduct of the owner himself, but the defendant shall not avail himself of any other defence which he might have been entitled to invoke in proceedings brought by the owner against himclause 192––this clause seeks to provide that the central government shall issue a certificate which complies with the provisions of clause 190 on payment of fee as may be specified by rules and makes provisions for renewal on its expiryclause 193––this clause seeks to provide that no ship can enter or leave any port or place in india unless it has the certificate as per the requirements of clause 192 of this chapter and  the proper officer shall grant inward entry or outward clearance to any ship only when its master produces a certificate as mentionedclause 194––this clause seeks to provide that the right of the ship owner to demand compensation against any other person for his liabilityclause 195––this clause seeks to confer authority of the enforcement of the judgement of the courtclause 196––this clause seeks to empower the central government to make rules for the matters covered under chapter iv of part ixclause 197––this clause seeks to provide for  application of  chapter v of part ix to oil pollution damage caused within the territorial waters and specifically the maritime zones under its jurisdiction in accordance with the provisions of the territorial waters, continental shelf, exclusive economic zones and other maritime zones act, 1976 or any other law for the time being in force and also to the preventive measures taken to prevent or minimise the oil pollution damageclause 198––this clause seeks to define certain expressions specific to chapter v of part ixclause 199––this clause seeks to provide for the contribution to the fund by the importer or the receiver in respect of contributing oil carried by sea to ports or terminal installations in india as per articles 10 and 12 of the fund convention and  also stipulates minimum quantity of 1,50,000 tons per year of oil import as specified in fund convention, above which the fund has to be paidclause 200––this clause seeks to provide for the requirements of the minimum contribution payable by persons to the fund which is determined by the assembly of the fund under articles 10 and 12 of the fund convention and the power of the central government to require the persons to give financial security for payment of contributions to the central government or the fundclause 201––this clause seeks to provide for situations where the fund can be invoked and liable to pay compensation as specified therein it further provides the situations where fund does not have an obligation to pay the compensationclause 202––this clause seeks to  empower the central government, to call for information, in particular, the name and addresses of the persons to whom the provisions of clause 197 shall apply and the person making disclosure needs to follow certain conditions specified therein and the liability of person for punishment in case of refusal to comply with the  conditions of noticeclause 203––this clause seeks to provide for the claims against the fund and state that any claim against the fund for compensation under this chapter shall be brought directly before the fund and provides that the jurisdiction of high court shall be applicable for any action for the claim against the fund it further provides that the fund's right to intervene as a party to any legal proceedings instituted in the high court against the owner or his guarantor and makes judgment of the high court as final even if the fund has not intervened in its proceedingsclause 204––this clause seeks to stipulate the limitation period for claim against the fund  within a time-frame of minimum three years and that no action to enforce a claim shall be brought after six years from the date of the incident that caused such damageclause 205––this clause seeks to provide for the subrogation of right of which the person so compensated would have enjoyed under the fund convention when any sum is paid by the fund or any public authorityclause 206––this clause seeks to empower the central government to make rules to carry out the provisions of the fund conventionclause 207––this clause seeks to define the marine casualty and mandate on the owner, manager, operator, company, pilot, harbour-master, master, or other person in charge of the vessel, to give notice of the occurrence of casualty within twenty-four hours of such occurrence to the office appointed by the central government for the purpose and such officer shall forthwith report in writing the information to the central government and may proceed to make preliminary inquiry into the marine casualty and shall furnish the report on completion of independent inquiry into the incident it further empowers the central government to appoint a body to make preliminary assessment of the marine casualty and conduct a marine safety investigation for ascertaining its causes and circumstances and submit its report to the central governmentclause 208––this clause seeks to empower the central government to initiate administrative action or to pass direction for proceeding in accordance with the law, if on receipt of report under sub-clause (5) of clause 207 or otherwise, it is of the opinion that primafacie, there exists, incompetency, misconduct or violation of any law for the time being in force on the part of any personclause 209––this clause seeks to empower the central government to cancel or suspend any certificate granted under this bill to any seafarer for any specified period, by way of an order, based on inquiry report or for any other default of seafarer listed under that clauseclause 210––this clause seeks to  empower the central government to order rehearing either generally or for a part thereof of an investigation or inquiry under part x and in case of new and important evidence which could not be produced at the time of investigation has been discovered, or if for any other reason there has, in its opinion, been a miscarriage of justice, the central government is duty bound to order such re-hearingclause 211––this clause seeks to specify the application of part xi to wrecks located within territory of india including the territorial sea or any marine area adjacent thereto over which india has exclusive jurisdiction under the territorial waters, continental shelf, exclusive economic and other maritime zones act, 1976 it further specifies units or ships  of government for non-commercial use and casualties involving  oil pollution in accordance with  intervention on the high seas in cases of oil pollution casualties,1969 for which this part is not applicableclause 212––this clause seeks to define certain expressions specific to  part ix clause 213––this clause seeks to empower the central government to appoint person to receive wreck and aurhorise him to take possession of wreck and take action for disposal or removal by available means for safety and protection of marine environment, as prescribed under the billclause 214––this clause seeks to mandate the reporting of incident resulting in wreck it provides that every master or owner or operator of indian and foreign vessel involved in a maritime casualty resulting in a wreck in indian waters or waters of other country which is a party to the convention to report such incident to the receiver of country appointed  by the central government and  to the authorities of affected country without any delayclause 215––this clause seeks to provide for the criteria for determination of possible hazards and enlists therein various parameters that determine such hazardsclause 216–– this clause seeks to  empower the central government to give direction to receiver of wreck and others specified therein to locate and mark the wreck as applicable and also obligates the owner or operator of vessel to mark the wreck at its own cost until the wreck is removed and ensures that the cost towards locating and marking of wrecks is borne by owner or operator of wreckclause 217––this clause seeks to  give power to pass over adjoining lands to all persons for rendering assistance to ship for saving shipwrecked persons, its cargo and equipment and obligates concerned persons to minimise damage to cargo or any article recovered from shipwrecked which may be deposited on land and the disputes relating to damage expected by owner or occupier shall be decided by a magistrate when application made to him clause 218––this clause seeks to  specify the prohibition of acts such as attempt to board or leave wreck ship without permission of master or receiver of wreck or an attempt to bring obstruction in action of saving ship, cargo and equipment, removing marks or any part of vessel as stipulated under the provisions of the billclause 219––this clause seeks to  give power to receiver to make application to judicial magistrate of the first class or metropolitan magistrate for search warrant, if receiver suspects that wreck is secreted and possessed by person who is not owner and empowers the judicial magistrate to grant warrant authorsing receiver to search for wreck possessed by person who is not the owner of wreckclause 220––this clause seeks to provides for measures that facilitates the removal of wrecks and  mandates the receiver to forward detailed informations to central government on determination of possible hazards as stipulated in clause 215 it empowers the central government to inform concerned government, affected country and registered owner of the vessel regarding the hazards, measures to be taken to wreck and removal of wreck and the decision of   central government thereof shall be final it also mandates the owner of wreck vessel to provide financial security or evidence of insurance to central government or receiver of wreck appointed by the central government and gives power  to  the receiver  to set period  for removal of wreck and empower him  to remove wreck by realistic  means with due regard to safety and protection of marine environment at the expense of owner or operatorclause 221––this clause seeks to provide the liability of owner in respect of cost to be borne by registered owner for locating, marking and removing the wreck it further provides that the owner may provide evidence of occurrence of marine casualty resulting in wreck such as war, hostilities or any act of non-maintainance of lights or navigational aids by concerned authorities and such liability covers the limit as specified under the provisions of clause 155 of the billclause 222––this clause seeks to mandate that every registered owner of indian ship  of gross tonnage of three hundred tons and above should be in possession of valid insurance coverage or financial security and the owner of vessel whether indian or from other country,  which do not carry   certificate, is liable for detention by authorities and the cost or claims arising under the part should be directly against the insurer or person that provides financial security as per circumstances listed which may invoke defence by insurerclause 223–– this clause seeks to specify the circumstances where registered owner may not be liable to bear the cost as prescribed in part xi and specifies the extent of cost borne by the registered owner and its exception in accordance with other applicable treaties, instruments, as the case may beclause 224––this clause seeks to specify the claims of the owner to wreck and time limit of his entitlement to possess wreck back which is in possession of receiver of wreck and empowers the consular officer to act as agent of owner for custody and disposal of the articles from wreck vessel on behalf of the country where the vessel is registered or, cargo owners belongs to that country within a period  of one year for said claimclause 225––this clause seeks to set limit for recovery of cost and stipulates the time period of three years from  the date of determination of marine casualty  for locating and marking of the vessels and  provides that no claim shall be made after the period of six years from the date of such casualtyclause 226––this clause seeks to provide for the application of chapter ii of part xiwhich includes judicial or arbitral proceedings relating to salvage operations instituted in india and specifies therein the units, ships and other non-commercial vessels for which this clause shall not be applicableclause 227––this clause seeks to define certain expressions  specific to chapter iiof part xiclause 228––this clause seeks to provide for the salvage award for the assistance rendered by the master of a vesselclause 229––this clause seeks to specify the conditions, circumstances and location when salvage is payable to the salvor for saving life, cargo or wreckclause 230––this clause seeks to provide for the entitlements of salvage payments when services are provided by the government vessels such as indian navy or of the coast guard and port authoritiesclause 231––this clause seeks to provide that the master have the authority to conclude contracts for salvage operations on behalf of the owner of the property on board the vesselclause 232––this clause seeks to  provide for the duties of salvor towards owner of the vessel or other property in danger and specifies the duties of the owner, master of the vessel or the owner of other property who is in danger towards salvorclause 233––this clause seeks to  provide for the measures to be taken by the central government to protect its coastline from threat of pollution consequential to occurrence of maritime casualty and empowers the central government to issue directions to the owner or the master or salvor and other public authorities associated with salvage operations and seek their cooperation to initiate salvage services for vessel in distressclause 234––this clause seeks to  provide for the rights of salvors to payment for the services rendered by him to salvage operations in the event of refusal of payments by the owner or master of vessel or owner of any other property in danger and enlists the criteria, circumstances and conditions for claiming rewards and maritime lien by the salvorclause 235––this clause seeks to provide for settlement of disputes relating to claims under the provisions of part xi and empowers the high court to determine the costs to be paid and to issue necessary directions for such payments if deemed fit and fair, after receipt of application from either of disputing partyclause 236––this clause seeks to specify the time limit of two years from the date of completion of salvage operations for raising claims and action thereof by all concernedclause 237––this clause seeks to provide that nothing in chapter ii of part xi shall affect any treaty or arrangement with any foreign country to which indian is a party with reference to the disposal of wrecks on their respective coasts or the provisions of section 29of the indian ports act, 1908 or any person to salvage in respect of any property recovered by creeping or sweeping in contravention of that sectionclause 238––this clause seeks to empower the central government to make rules to carryout the provisions contained in part xiclause 239––this clause seeks to provide for the application of part xii to all vessels including vessels other than indian vesselsclause 240––this clause seeks to direct that any vessel engaged in coastal trade or exploration or exploitation or research in coastal waters of india shall require a licence and stipulates that no vessel chartered by an indian citizen, company or cooperative society to be taken to a port or place within india or outside india without licence granted by the director-general and the indian controlled tonnage may also be granted licence subject to certain conditions it further provides that the central government shall have the power to exempt any class of vessel by general or special order from the provision of this clauseclause 241––this clause seeks to empower the director-general to revoke and modify the licence after giving reasonable hearing to the person and provides that in case the licence ceases to be valid, the person to whom it was granted shall return it back to the director-general without any delayclause 242––this clause seeks to direct that no port clearance shall be given by the proper officer to the owner, master  or agent of a foreign vessel unless such a  licence is produced which is issued under this partclause 243––this clause seeks to empower the director-general, in public interest or in the interest of indian shipping if it is necessary, to give order in writing or notice for matters stipulated therein and also empowers the central government in public interest to ban any vessel from entering into india, anchorage or offshore facility in indiaclause 244––this clause seeks to empower the central government to protect the interest of indian shipping from undue foreign intervention and stipulates certain measures by a foreign country which infringes the jurisdiction of india and which can be brought to notice of the central government by the indian citizen carrying business in that country and the central government may in turn give order in writing prohibiting indian citizens from complying with such measure it further provides that the central government may by order in writing refuse to give commercial information to any court or authority of a foreign country and prohibits any person from complying with such an order by foreign authority or court subject to the conditions as specified in the said orderclause 245––this clause seeks to empower to the central government to make rules for carrying out the provisions contained in part xiiclause 246––this clause seeks to provide for application of part xiii  it applies to sailing vessel, fishing vessel, vessel without mechanical of propulsion and vessel whose net tonnage is less than fifteen and engaged solely in coasting trade of india and the extent to which other provisions in the bill to apply to such vesselclause 247––this clause seeks to empower the director-general to take a decision on whether the vessel falls under part xiii or not and makes his decision thereon as finalclause 248––this clause seeks to provide by rules the safety, security and pollution prevention requirements and ensure that these requirements are met and to prohibit the vessels from proceeding to sea, unless they comply with the provisionsclause 249––this clause seeks to put an obligation on the vessels to have all certificates specified in part xii, before proceeding to sea and the manner in which safety certificates are to be issued and the power of government to provide of by rules for this purpose and the period validity of certificatesclause 250––this clause seeks to impose an obligation on the maintenance of the statement or cause to be maintained a statement about the crew of the vessel and to keep the record of the changes in crew and its communication to the shipping masterclause 251––this clause seeks to mandate that whenever cargo is jettisoned from vessel, notice shall be given to proper officer appointed for this purpose, and empower the proper officer to conduct an enquiryclause 252––this clause seeks to provide for detaining a vessel while attempting to proceed to sea in overloaded condition or carrying passengers in excess of the certified capacity and empowers the proper officer to board the vessel whenever necessary and obligates the master, owner and every other person to provide all reasonable facilities for the survey or auditclause 253––this clause seeks to provide with the power to detain the vessel which is unseaworthy or likely to pose a threat to the security or the environment it provides for the liablility of the person in charge of the vessel in respect of such unseaworthiness or threat to the security on indian coasts or offshore installations under any other provisions of this billclause 254––this clause seeks to empower the central government to exempt vessels from the applicable requirements, if it is satisfied that the requirements have been substantially complied with or that compliance with the requirement is or ought to be dispensed with in the circumstances of the caseclause 255––this clause seeks to empower the central government to make rules for carrying out the provisions contained in part xiiiclause 256––this clause seeks to provide the penalties for the contravention of the provisions as specified therein it empowers the principal officer to impose the monitory penalty, against which an appeal shall lie to the director-general it further provides that the competency to sentence the imprisonment has been vested with the court only and the table, inter alia, indicates the contravention made and the penalty to be imposed and specifying the competent authority for imposing such penaltyclause 257––this clause seeks to provide for that any person committing any offence under the bill  may be tried at a place in which he may be found, or in any court which the central government may, by notification, direct in this behalf, or in any court in which he might be tried in any other law for time being in forceclause 258––this clause seeks to empower the metropolitan magistrate or a judicial magistrate of the first class to pass any sentence authorised by or under this bill on any person convicted of an offence under this enactment or any rules or regulations made thereunderclause 259––this clause seeks to  provide that the report of the proper officer is required for enforcement of penalties, under section 256, against the masters or owners of special trade passenger vesselsclause 260––this clause seeks to  provide that in case the person committing an offence under this bill is a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of its business, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly and if such person proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence, such person need not to be subject to punishment and at the same time if it is proved that the offence was committed with the consent or connivance of, or is attributable to any neglect, such person shall be punished accordingly as per provisionsclause 261––this clause seeks to provide for depositions to be received in evidence when witness cannot be produced it provides that for the purpose of evidence during the legal proceedings, if 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 any court or metropolitan magistrate or a judicial magistrate of the first class or person authorised, any deposition previously made by the witness in relation to the same subject-matter before any court or metropolitan magistrate or a judicial magistrate of the first class in any other place in india or, if elsewhere, before any indian consular officer, shall be admissible in evidence it also provides that such deposition need to be authenticated by the signature of the presiding officer of any court or metropolitan magistrate or a judicial magistrate of the first class  or consular officer, before whom it is made and also be subject to certain other conditions as enumerated thereinclause 262––this clause seeks to  empower the high court to detain a foreign vessel that has caused the damage caused to property belonging to the government or to any citizen of india or a company, when such vessel is found within indian jurisdiction and empowers the proper officer to detain such vessel if it is expected that the vessel may depart and allow the application to be made by any person to high court for detention of the vesselclause 263––this clause seeks to provide that when an order for the detention of the vessel has been made, any commissioned officer of the indian navy or indian coast guard or any port officer, pilot, harbour master, conservator of port or customs collector may detain the vessel under instructions of proper officer and any contravention of detention order or notice is an offenceclause 264––this clause seeks to provide that if an order for the payment of any wages or other sums of money has been made but has not been paid, then such payment may be levied by distress and sale of the movable property of the person directed to pay the same under a warrant to be issued for that purpose by such a court or metropolitan magistrate or a judicial magistrate of the first classclause 265––this clause seeks to provide that in case any foreign vessel is detained under this bill, or if any proceeding is taken under this bill against the master, owner or agent of any such vessel, notice shall forthwith be served on the consular officer of the country in which the vessel is registered, at or nearest to the port where the vessel is for the time being, specifying the grounds of such detention or the proceedingsclause 266––this clause seeks to provide the manner of service of documents on any person, such as, personal delivery, leaving the same at his last place of abode, or by post and if such delivery is to be made to the master of a vessel then such document may be left on board with person in command of the vessel and if no master or owner or agent is there, it may be affixing to the master of the vessel or at a suitable place on the bridgeclause 267––this clause seeks to put responsibility on the master of a vessel to inform about birth, death, and cause of death or any other relevant details that the central government may specify at the next port or place of callclause 268––this clause seeks to put responsibility on the master of indian vessel to inform of any person missing or died on board to the director-general and the proper officer of the port or the next port of call it provides that on receiving the information, the proper officer would inquire into the causes of death and make in the official log book an endorsement to that effect whether the  statement of cause of death is true or not or contrary to the result of inquiry it further provides that if it appears to the proper officer that the death occurred due to violence or other improper means, shall, report to the director-general and in case of emergency, shall take immediate steps for bringing the offender into trialclause 269––this clause seeks to provide for certain persons mentioned therein to be public servants within the meaning of section 21 of the indian penal codeclause 270––this clause seeks to empower an officer conducting investigation and inquiry to board a vessel to inspect or detain a vessel, etc, and prohibits any person to hinder or obstruct any officer or person referred above from going on board any vessel or otherwise impede him in exercution of his duties or exercise his powersclause 271––this clause seeks to  empower the central government to permit such alternate provisions and arrangements in order to meet the requirements of the convention through a noticeclause 272––this clause seeks to empower the central government to give permission for a nuclear ship to proceed to sea and the central government by general or special order give such direction to the registered owner of the vessel for taking security measure as is necessaryclause 273––this clause seeks to  exempt the application of this bill to veseels belonging to government or to any class of such vesselsclause 274––this clause seeks to empower the central government by order, to impose or exempt any vessel or tindal or seafarer or any class thereof, from any specified requirement contained in or prescribed in pursuance of this bill or dispense with the observance of any such requirements in the case of any vessel or tindal or seafarer, or any class thereof if it is satisfied that the requirements have been substantially complied with or that compliance with the requirement is or ought to be dispensed with in the circumstances of the case subject to restriction which is prohibited by the safety convention or pollution prevention convention and makes it an offence for breach of any such conditionclause 275––this clause seeks to empower the central government to make rules generally to carry out the provisions of the billclause 276––this clause seeks to provide for the publication of rules in the official gazette subject to previous publication and also makes the breach of it as punishable it further provides that every rule made and every notification issued by the central government shall be required to be laid before each house of parliamentclause 277––this clause seeks to protect any person acting in good faith from any suit or other legal proceedingsclause 278––this clause seeks to empower the central government to enter into agreement with other countries or organisations for effective implementation of the provisions of the billclause 279–– this clause empowers the central government to make, by order published in the official gazette, provisions for removal of difficulties in giving effect to the provisions of the bill and restrict the power to make such order within a period of three years and mandates every such order issued under this clause to be laid before each house of parliamentclause 280––this clause seeks to repeal the merchant shipping act, 1958 and the coasting vessel act, 1838 it provides for saving of various actions undertaken under the said enactments as specified therein financial memorandumclause 4 of the bill provides for establishment of the national shipping board by the central government to advise it on matters relating to indian shipping including the development thereofclause 5 of the bill provides for constitution of seafarers welfare board by the central government for advising it on the measures for promoting the welfare of the seafarersclause 6 of the bill empowers the central government to appoint the director general of shipping for discharging the powers, authorities or duties under the provisions of the billclause 7 of the bill empowers the central government to appoint surveyors at such port or place as it may consider necessaryclause 8 of the bill empowers the central government to appoint radio inspectors relating to radio communicationclause 9 of the bill empowers the central government to establish and maintain office of mercantile marine department in the ports of mumbai, kolkatta, chennai, kochi, kandla and such other ports or places for the administration of the provisions of the billclause 10 of the bill empowers the central government to establish shipping office and appoint shipping master and other officers as it may consider necessaryclause 11 of the bill empowers the central government to establish at every port a seafarer's employment office and shall appoint thereto a director and as many deputy directors and assistant directors as it may consider necessaryclause 12 of the bill empowers the central government to appoint seafarers welfare officer in any port or place outside indiaclause 54 of the bill provides for fee to be paid to the examiner appointed to examine the qualification of persons desirous of certificate of competency or certificate of proficiencyclause 115 of the bill provides for making arrangements for search and rescue at sea and establishment of rescue coordination centres and sub-centresclause 135 of the bill empowers the port authority to impose suitable charge for setting up facilities to receive wastes, facilities for handling, treatment and disposal of wastes generated on ships in an environmentally sound manner by public sector portsthe expenditure on establishing the national shipping board, constituting the seafarer welfare board, appointing the director general of shipping, the surveyors, the radio inspectors, establishing and maintaining office of the mercantile marine departments, establishing shipping office and appointing shipping master and other officers, establishing at every port a seafarer's employment office and appointing director, deputy directors and assistant directors, appointing the seafarers welfare officer, fee to be paid to the examiners will be met out of the existing budgetary allocations of the ministry of shipping the arrangements for search and rescue at sea and the establishment of rescue coordination centres and sub-centres are already in place and do not involve any additional expenditure the expenditure of setting up facilities to receive wastes, reception facilities and the facilities for handling, treatment and disposal of such wastes in an environmentally sound manner by public sector ports, or places which have an interface with ships, will be met from their own budget and charges imposed on ships for providing such facilitiesthe bill, therefore, if enacted, will not involve any additional expenditure of recurring or non-recurring nature memorandum regarding delegated legislationsub-clause (7) of clause 4 of the bill empowers the central government to make rules for the matters relating to the term of office of members of the shipping board; the manner of filling vacancies in the shipping board; the travelling allowances and other allowances payable to the members of the shipping board; and the manner of appointment of officers and other employees of the shipping board and the terms and conditions of their service2 sub-clause (2) of clause 5 of the bill empowers the central government to make rules for the matters relating to the composition of the welfare board and the term of office of members thereof; the procedure to be followed in the conduct of business by the welfare board; the travelling and other allowances payable to the members of the welfare board; the rate of levy of fee payable by owners of vessels for the purposes of providing amenities to seafarer and for taking other measures for the welfare of the seafarer; the procedure by which any such fee may be collected or recovered and the manner in which the proceeds of such fees, after deduction of the cost of collection, shall be utilised for the purpose specified in sub-clause (d)3 clause 50 of the bill empowers the central government to make rules to carry out the purposes of the provisions of the part iii of the bill sub-clause (2) specifies the matters in respect of which such rules may be made these matters, include the conditions for registration of an indian vessel; the manner of keeping the register book and making entries therein and maintenance of the records of vessels registered under this bill; the form and manner of making application for registry of an indian vessel; the other particulars descriptive of the identity of vessel; the manner of making endorsement; the procedure for issuing a provisional certificate of registry; the form of mortgage; the form of instrument effecting the transfer; the manner of description of the name, call sign and official number of indian vessel; the fee for inspection of register book and a certified copy of any entry of the register book; the procedure for registration of vessel chartered on bareboat charter-cum-demise and any other matter which is required to be or may be made4 clause 59 of the bill empowers the central government to make rules to carry out the purposes of the provisions of part iv of the bill sub-clause (2) specifies inter alia, the manning scale of seafarers; the different manning scales in relation to different categories of vessels, areas and type of operations; the requirement and grant of certificates, its form fees and its valid period and the manner of keeping the copies of certificates; the manner of conducting examination for certificate of competency or proficiency, the fee for grant of such certificate and any other matter which is required to be or may be made5 sub-clause (1) of clause 62 of the bill empowers the central government to make rules for classification of seafarers into different categories, the minimum manning scale of seafarers of such categories and the different scales of different classes to ships6 clause 68 of the bill empowers the central government to make rules, having regard to the provisions of the maritime labour convention, for the matters relating to the seafarer's employment officer these matters, include the payment of wages; hours of work and hours of rest; leave entitlement; accommodation, recreational facilities, food and catering; health protection, medical facilities, welfare and social security protection7 sub-clause (8) of clause 86 of the bill empowers the central government to make rules with respect to relief, maintenance and return to the proper port of a seafarer found in distress; the circumstances in which and the conditions subject to which the seafarer may be relieved; and to carry out the provisions of part v of the bill relating to distressed seafarer8 clause 109 of the bill empowers the central government to make rules to carry out the provisions of part v of the bill sub-clause (2) enumerates the matters in respect of which such rules may be made these matters, include the continuous discharge certificate and seafarers identity documents; other function and duties of the seafarers employment offices; the form, manner of issue of continuous discharge certificates; seafarers identity documents and fees for such certificates and documents; the qualifications of seafarers; the manner of discharge from service of seafarers; the restrictions and conditions for utilisation of any amount deposited with or recovered from shipping master; the form and manner of keeping log book and any other matter which is required to be or may be made9 clause 128 of the bill empowers the central government to make rules for safety and security requirements applicable to vessel, company or port facility under part vi of the bill sub-clause (2) thereof enumerates the matters in respect of which such rules may be made these matters, include the safety and security requirements for different classes of vessels; the manner of reporting the particulars of incidents and the authority to whom such particulars to be reported; the communication equipment, distress and safety equipment to be equipped and maintained, and the certified operators to be provided; the requirements for safety or security management; the provisions with regard to insurance, classification and condition of vessel; any other matter which is required to be or may be made10 sub-clause (1) of clause 131 of the bill empowers the central government to make rules for requiring indian vessel to be fitted with such equipment and to comply with such requirements relating to construction, survey of equipment and structure of such vessel and specifying conditions, prior to issuing a certificate under part vii of the bill11 clause 138 of the bill empowers the central government, having regard to the pollution prevention convention, to make rules to carry out the purposes of part vii of the bill sub-clause (2) enumerates the matters in respect of which such rules may be made these matters, include the conditions to comply the provisions of the conventions; the pollution prevention requirements; the form and manner and other matter relating to maintenance of record book; the reception facility, surveillance, supervision and guidance; the manner reporting the incidents to the authority to whome the incident to be reported and any other matter which is required to be or may be made12 clause 143 of the bill empowers the central government to make rules for recognition of a certificate issued under a convention in respect of vessel other than indian vessel by the government of the country to which the vessel belongs13 clause 145 of the bill empowers the central government to make rules to carry out the purposes of part viii of the bill sub-clause (2) enumerates the matters in respect of which such rules may be made these matters, include the requirements for verification of vessel, company, port facility, shipyard, ship breaking yard, ship repair unit, offshore facilities or terminal; the manner of requirements and the manner of survey, audit and certification of vessel, company, port facility, shipyard, ship breaking yard, ship repair unit, offshore facilities or terminal and modification, revocation, suspension, cancellation or surrender of the certificates and documents; the certificates to be possessed by a vessel, company, port facility, shipyard, ship breaking yard, ship repair unit, offshore facilities or terminal; the manner of compliance for survey, audit and certification; the requirement and the manner of survey, audit and certification of different classes of vessel, company, port facility, shipyard, ship breaking yard, ship repair unit, offshore facilities; and any other matter which is required to be or may be made14 clause 166 of the bill empowers the central government having regard to the llmc convention to make rules to carry out the purposes of chapter ii of part ix of the bill sub-clause (2) provides that the rules may be made in matters relating to the limits and liability in cases where the llmc convention not applicable; the amount of limit of liability of the owner for loss of life or personal injury to passengers of a ship and any other matter which is required to be made or may be made15 clause 181 of the bill empowers the central government to make rules to carry out the provisions of chapter iii of part ix of the bill sub-clause (2) provides that the rules may be made in matters relating to the form of certificate and particulars to be given thereto; the fees to be charged for issue of certificates and any other matter which is required to be or may be made16 clause 196 of the bill empowers the central government to make rules to carry out the provisions of chapter iv of part ix of the bill sub-clause (2) provides that the rules may be made in matters relating to the limits of liability of the insurer or other person providing financial security; the form of certificate, the particulars containing therein with the conditions and fee for issue of certificate; the renewal of certificate and fees therefor and any other matter which is required to be or may be made17 clause 206 of the bill empowers the central government to make rules to carry out the provisions of the fund convention18 clause 238 of the bill empowers the central government to make rules to carry out the provisions of part xi of the bill sub-clause (2) enumerates the matters in respect of which such rules may be made these are the matters relating to manner of marking wreck; the time limit to remove the wreck; the other financial security; the measures to be taken to protect the coastline or related interest from pollution or threat of pollution; the criteria for calming rewards, the manner of fixing rewards, the payment of special compensation, the apportionment of payment amongst salvors, the salvage of persons, the payment under the contract, the payment for additional services not covered under the contract and the effect of misconduct of salvors on reward or payment and any other matter which is required to be or may be made19 clause 245 of the bill empowers the central government to make rules to carry out the provisions of part xii of the bill sub-clause (2) thereof enumerates the matters in respect of which such rules may be made these matters, inter alia, include the form of licence and the valid period of such licence and any other matters which is required to be or may be made20 clause 255 of the bill empowers the central government to make rules to carry out the provisions of part xiii of the bill sub-clause (2) provides the rules may be made in matters relating to the scale of manning and fittings material, appliance and apparatus to be carried on board by indian vessels; the certificates required to ply or proceed to sea by a vessel; the manner of issuance of grant of certificate and the period for which the said certificate shall be in force; the form for maintaining a statement of the crew of the vessel and any other matter which is required to be or may be made21 clause 275 of the bill empowers the central government to make rules to carry out the provisions of the bill in respect of matters contained elsewhere in the bill22 clause 276 of the bill provides for the rules to be published in the official gazette subject to previous publication and every rules made or notification issued under this bill shall be laid before each house of parliament23 clause 279 of the bill empowers the central government to make an order published in the official gazette, for removal of difficulties in giving effect to the provisions of this bill, and every such order issued shall be laid before each house of parliament24 the matters in respect of which rules may be made or notifications to be issued under the proposed legislation are matters of procedure or administrative details and it is not practicable to provide for them in the bill itself the delegation of legislative powers is, therefore, of a normal character ———— a billto consolidate and amend the law relating to merchant shipping to ensure compliance with the country's obligation under the maritime treaties and international instruments to which india is a party and also to ensure the efficient maintenance of indian mercantile marine in a manner best suited to serve the national interest————(shri nitin gadkari, minister of road transport, highways and shipping)gmgipmrnd—3809ls(s3)—08-12-2016 the merchant shipping bill, 2016 [to be/as introduced in lok sabha]1  page 40, line 10,- for    "international convention "   read   "the international convention " 2  page 43, second last line,- for    "sub-section (1) section 112"   read   " sub-section (1) of  section 112" 3  page 43, last line,- for    "sub-section (1) that "   read   "sub-section (1) of that " 4  page 44, line 25,- omit    "and " 5  page 44, line 31,- for    "high seas;" read   "high seas; and"   6  page 48, first line,- omit    "and" 7  page 48, line 35,- for    "under clauses "   read   "under clause" 8  page 54, in the marginal heading against clause 161,- omit    "without constitution of  a limitation" 9  page 54, line 25,- for    "law or the"   read   "law for the" 10  page 59, line 23,- for    "rights of "   read   "the rights of " 11  page 59, omit marginal citation against line 44 12  page 72, line 13,- for    "specified under" read   "under "  13  page 73, line 29,- for    "to salvers" read   "to salvors"  14  page 81, line 30,- for    "period said" read   "period of said"  15  page 85, line 21, in column 2- for    "in contravention" read   "in contravention of "  16  page 85, line 40, in column 2- for    "contravention" read   "contravention of "  17  page 85, line 43, in column 2- for    "contravention" read   "contravention of "  18  page 86, line 35, in column 2- for    "survey or" read   "survey"  19  page 98 , line 39  ,- for    "the or notification rule should " read   "the rule or notification should"  20  page 98 , line 49  ,- for    "appeared to" read   "appear it to"  21  page 99, line 23,- insert marginal citation   "44 of 1958" 22  page 101 , line 13  ,- for    "indian costal" read   "indian coastal"  23  page 104 , line 2  ,- for    "or assistnat" read   "or assistant"  24  page 105, line 14  ,- for    "person entititle" read   "person entitle"  25  page 110 , line 9 ,- for    "the seafeayer " read   "the seafarer "  26  page 110 , line 29  ,- for    "foreign part" read   "foreign port"  27  page 110 , line 38 ,- for    "can utilize " read   "can utilise "  28  page 111 , line 1  ,- for    "of seafearer" read   "of seafarer "  29  page 112 , in line 1 from the bottom ,- for    "official book " read   "official log book" 30  page 113 , in line 1 from the bottom  ,- for    "dessert from " read   "desert from"  31  page 114 , line 3 ,- for    "desserts then" read   "deserts then"  32  page 114 , line 4  ,- for    "desserter then " read   "deserter then "  33  page 114 , line 5  ,- for    "dessertion order" read   "desertion order"  34  page 115 , line 3  ,- for    "the government" read   "the central government "  35  page 116 , line 7  ,- for    "the government" read   "the central government "  36  page 117 , line   ,- for    "of seafearer" read   "of seafarer "  37  page 117 , line   ,- for    "of seafearer" read   "of seafarer "  38  page 117 , line   ,- for    "of seafearer" read   "of seafarer "  39 40  page 117 , line   ,- for    "of seafearer" read   "of seafarer "  41  page 117 , line   ,- for    "of seafearer" read   "of seafarer "  42  page 117 , line   ,- for    "of seafearer" read   "of seafarer "  43  page 117 , line   ,- for    "of seafearer" read   "of seafarer "  44  page 117 , line   ,- for    "of seafearer" read   "of seafarer "   new delhi; november 16, 2016______ kartika 25, 1938 (saka) 