  the merclianr  s:ill'ping (a!-1endment) bill, 1982 lto be/as introduced in l()k &bha 71 page 4, lire 1 , -!ql: "sub- section" ~ ii sub- sections" 2 page 7, in the marginal heading t, propo sed section 356b,-ts:u: "derinations" l:ead "defjnitions" 3 page 10, line 12,-!q1: "appointed" read "authorised" 4 page 15, in the marginal heading to clause 12, ~ !qr "411" ~ "411a"  / 5 page 15, in the marginal hervung to proposed section 411a,-after "powers" ;j;nsert "of" 6 page 17, in the marginal herding t·) l)l'vp"ij~rl qr·,j;1 •• 'n \'j~{h\ !qj: "registars" ~ "reetstrars" 7 page 17, line 22,-arter "boats" insert-"(hereafter in this part referred to as registr'3r)" 8 page 17, line 23,-~ "such" 9 page '17, line 40,-!21: "to a registr~r" ~ "to the registrar" 10 page 18, in the marginal heading to proposed section 4351i,-ts:u: "0 r" ~ "to " 11 page 19, line 42,-~ "of indian fishing boats" 12 page 20, line 3,-at:t~;r;: ''boat'' ;1nser t "a" 13 page 24, line 3,-m "on ii lltad "0 r" 14 page 26, line 12,-oill11 "a" 15 page 26, in the m~rp'in'll heqding to cl?~use 17,-after "a~t" insert "5" 16 pa~e 26, line 28,-fo r" "c') rre spannr" 1:qaq "corre spondin gil 17 page 27, line 19,-( 1) " nu: li( see)" rqad "( c'j' (11) !q1: "we>rd" ~ "words" 18 page 32, line 20,-lll: "pre scribed i, ~ "pre scribe" 19 p age it 3, line 33,-fsll: "circum! t'3jlce" ~ "circumstance" 20 page 43, line 35,-ru "or" nwd "njr " 21 fage 43, line 45,-!q!: "my " mad "m~" 22-f~ge 43, line 52,-fq1: "ope ation" l23d "oper'lt:ior; i, 23 p:jge 43, line 8 from bottom,- !ql: "356( 2) n ~ "356c( 2) " :new dellii· " , august 6, 1982 srav~na 15, 1904 (saka)  b1u no 103 of 1- - the merchant shipping (amendment) biij" 1982/1l:rther to ame-rtd tile merch4nt shippi'rg act, 1906 sa i~ enacted by parliament in the thirty-third year of the repubuc qf india as follows:-1 this act may be called the merchant shipping (amendment) act, short 1982 title referred to as the principal act), the following section shall be iubatituted, namely:-'" of 1_ 5 2 for section 2 of the merchant shipping act, 19158 (here1datter subltituuod ofdew' aectioill lor 10 sectlona "2 (1) unless otherwise expressly provided the prov1s1ona 0'1 applicathis act which apply totion of act (a) any vess~l which is registeredin india; or (b) any vessel which 18 required by this act to be 10 1'81111-tt~l·edi or i~ 10 (c) any other vessel which is owned wholly by persons to each of whom any of the descriptions specified in clause (4) or in clause (b) or in clause (c) as the case may be, of section 21 applies mall 80 apply wherever the vessel may be (2) unless otherwise expressly provided, the provisions of this act which apply to vessels other than those referred to in sub-ieo-uon (1) shall 10 apply only while any such vessel is within india, mclucunl the terr1torial waters thereal"  ~~­ meni ot sections~ 1n se~\)'qn ~ ot the principal act, in clause (37), for the :figures, letters and words "17th day of june, 1960", the figures, letters and worda "1st day of november, 1974" shall be substituted 4 in section 22 of the principal act the following e:rplanation shall be inserte<i at the end, namely: _ 5 ameddmeutot section 22 'explanation-for the purposes of this section, "ship" does not include a fishing vessel' 5 in section 74 of the principal act, for clause <j) of sub-section (2), tbe following clause shall be substituted, namely:-amendment of section '74 "(j) the fees that may be levied for the survey or inspedion of 10 any ship for the p1d'pose5 of i'0gistration and the manner in which sueh fees may be collected;" 6 in section 87 of the principctl act, after clause (d), the followidl clause shall be inserted, namely:-amendment of section 8'1 "( dd) fix the fees that may be levied for surveyor inspection of 15 a ship for ensuring compliance with tbe provisions of this part and provide the manner in which such fees may be collected;" 7 in section 175 01 the principal acl, after clawie (e) of sub-sec'tion (2), the followmg clause shall be inserted, namely:-amendment of eectlon 1'15 "(i) the fees that may be levied for the survey or inspection of 10 crew spaces and for scrutiny of plans of crew accoljl]dodation spac  and the manner in which such fees may be collected;" 8 in section 282 of the principal act,-amendment of section 282 (a) in clause (w), the word "and" occurring at the end shall be onritied; ~5 (b) after clause (w), the following clause shall be inserted, namely:-'( (ww) the fees that may be levied for the survey or inspection of pijpim ships with respect to sanitary conditions, provision of stores, medical ~jities available on such ships and such other 30 purposes that may be relevant for compliance with the provisions of this part relating to pilgrim ships and the manner in which such fees may be collected; " 9 in section 344 of the principal act, after clause (c) of sub-section (2), the following clause shall be inserted, namely:-35 amendment of section 144 (( (d) the fees to be eharged for the surveyor inspection of hull, machinery, boilers, electrical appliances and other fittings and the materials - for their construction, fire appliances, life savlal appliances, radio communications equipment, radar, echo' loundiq device and gyro comp886, or testing or approval of bily of the foreloin&, equipments or materials uhd for their manufacture, or exami- 40 nation of plans of construction of any part of ship's hud,· machinery electrical appliances and other equipment aforesaid and the manner bl whieh such fees may be recovered" 10 after part xa of the principal act, the following part shall be !merted, namely:-iniertion otnew partxb  'part xb civil liability for on pollution damage352g this part applies to-application 5 (a) every indian ship wherever it is; and 10 80 of 1978 (b) every foreign ship while it is at a port or place in india or withln the territorial waters of india or any marine areas adjacent thereto over which india has, or may hereaft~r 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 ide1lnltionlo 352h (1) in this part, unless the context otherwise reqw~,-15 (a) "incident" means any occurrernce, or series of occurrences having the same origin, which causes pollution damage; (b) "oil" means any persistent oil such as crude ou, fuel oil, heavy diesel oil, lubricating oil and whale oil, whether carried od board a tanker as cargo or fuel; 110 (c) "owner" means-(i) the person registered as owner of the ship and includes the operator who for the time being is in charge of the ship and the master of the ship; or (ii) in the absence of registration, the person owning the ship; or (iii) in the case of a tanker owned by a foreign stat&, the person registered in that state as operator of the ship; (d) "pollution damage" means loss or damage caused outside the ship by contamination resulting from escape or discharge 30 of oil from that ship, wherever such escape or discharge 0cc'lll'b, and includes the costs of preventive measures and further 1088 or damage caused by preventive measures; so, however, that the provisions of clause (a) of sub-section (1) of section 352b shall not apply to such loss or damage; (e) "preventive measures" means any reasonable measures taken by any person after the incident to prevent or minimise pollution damage  (2) in this part-(a) the expression "franc" shall have the same meaning as is 'assigned to it in clause (b) of section 352; and (b) the expression "tonns,ge" shall mean the tonnage of a ship determined in accordance with the provisions of section 352b and where it is not so determinable it shall mean forty per cent of the weight in tons of oil cargo the ship is capable of carrying 3621 (1) save as otlierwise provided in sub-liection (2) i (3) and (4) i the owner at the time of an incident, or, where the incident consists of a series of occunences, at the time of first of such occurrences, shall be liable for any pollution damage caused by 011 which hal escaped or been discharged from the ship as a result of the incident 5 (2) no liability for pollution damage shall attach to the owner under sub-section (1) if he proves that the pollution damage-(a) resulted from an act of war, hostilities, civil war, in-itu'l'ection or 8 natural phenomenon of! an exceptional, inevitable and irresistible character; or 10 (b) was wholly caused by an act or omisrioo done with intent to cause such damage by any other person: or (e) 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 exercise of its 15 functioll5 in that behalf (3) where, with respect to any incident, the owner proves that the pollution damage resulted, either wholly or partlally, from '8jl aet or omission done, with intent to cause such damage, by the penon who suffered damage, or from the negligence of that person, the owner go shall be exonerated wholly or, as the case may be, partially from liability to that person (4) where, in liny incident, pollution damage result!' from escape or dil!lchar~ of oil ft-om two or more ships, the owners of all such "hips shall be jointly and severally liable for all such damage which g~ is not reasonably separable (5) no claim for pollution damage shall be made against any owner otherwise than in accordance with the provisions of th1s section (6) no claim tor pollution damage shall be made against any so servant or agent of the owner 352j (1) save as otherwise provided in sub-section (2), the owner may limit hi;; liability under section 352i in respect of any incident to an aggregate amotmt of-ltmltatiod of uabilit)' (a) two thousand francs for each ton of the ship', tonnate; or 55 (b) two hundred and ten million francs, whichever is lower (2) where any incident causing pollution damage occurs u - result of the actual fault of the owner, he shall not be entitled to hmit his liabiuty under sub-section (1) 40 coditttution or jjmltatjoa tund 352k (1) (~ any owner desiring to avail of the beneftt of limitation of his jiability under sub-section (1) of section 352j shall make an application to the high court for constitution of a limitation fund (hereafter tn this part referred to as fund) (b) such fund may be constituted either by depoahjng the sum 45 1dth the high court or by furnishing bank guarantee or aueh other eeeurity 88, in the t:)pinion of the high court, is satisfactory (2) (a) the insurer or any other person providing flnanc1a1 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 owner , 5 (b) such fund may be constituted even in cases where subsection (2) of section 352j applies but in any such event constitution of the fund shall not prejudice the rights of any claimant against the owner for full compensation exceeding the amount deposited or secured in the fund {o (3) the amount in francs to be deposited or secured in the fupd under s'ub-section (1) shall be converted in rupees on the basis of ofticial value in rupees of the gold contents of franc on the date of t:onstitution of the fund 15 acquisition ot right for compen sation by lubroption 362l (1) where the owner or any of his servants or agents or any other person providing him insurance or other financial, security has, as a result of incident in question, paid any compensation 'to any claimant, such person shall, up to the amount so paid by him, be entitled to acquire by bubroj!ation the rights to which the claimant so compensated would be entitled to !io (2) where the owner or any other person providing him insurance or other flnancial securitv establishes that he mav at a later date be compelled to pav to any person, in whole or in part any amount hy wav of comoenqlltfnn for nol111tion ifamape ('auy-if bv the incment with resnect to which he wculr! have heen entit'e~ to a('outre bv 8uhroli5 j!atlon the riltht of tbe c'a;mllnt had the comnpnsllt;on heen nilfd before the fund wal'; di~trfhuteif the in,,h cn11tf mav nrifet" that sufficient amount from the fund may provic:;ionllllv he set asma to enable the owner or such other persotl to e!1force his claim against the fund at a later date so 352m (n the hie:h court shllll con"lnlfrtllto all claims against the fund including those arising under section 352l consolidation of clabnan4 distribution of fund (2) anv claim in respect of exoenses rersonab'v incurred or eserfflces reasonably made bv the owner vnlunbliilv tn nrpvent or minimise pollution damage shal1 rank equally with other claims a~inst the fund (3) subiect to the provisions of sub-section (2) of section 35211, the hi~h court shall distribute the amc7unt in the fund amon~ all claimants in proportion to their established claims 352n '(n the owner of every inifian ship whfch carries 2000 tons or more oil in bulk as carlto shall in respect of such ship ma'ntain an insurance or other financial security for an amount equivalent to-compulsory insurance orotber ftnanelal guarantee (a) two tliausand 'francs for each ton of ship·!; tonnage; or (b) two hundred and ten mullon francs , whichever is lower 45 (2) in respect of every indian ship which mafntain5 insurance or other flnancial security under sub-seclion (1), there shall be issued by the director-general a certificate in such form and gi"fn~ such particulars as may be prescrihed (3) on an application by the owner or agent of any foreign lhip the dh'ector-general may issue a certificate under sub-section (2) in respect of such foreign ship on production of satisfactory evidence relating to maintenance of insurance or other financial security in aecorda"lce with the provisions of the international convention on 5 civil liability for oil pollution damage signed at brussels on the 29th day of november, 1969 acceptance of c:ertideates issued outside ineue (4) for every certificate issued under sub-sections (2) and (s) there shall be charged such fee as may be prescribed 3520 any certificate issued by a competent authority in any 10 country outside india to a ship registered in that country or any certificate issued by r competent buthority of any co'lultry which is a contracting party to the international convention on civil liability for oil pollution damage signed at brussels on the 29th day of november, 1969, to any ship wherever registered, shall be accepted 15 at any port or place in india as if it were issued un~er this act 352p (1) no indian ship, which has on board 2000 tone or more oil in bulk as cargo shall enter or leave or attempt to enter or lea" any port or place in india unless it carries on board a certtftcate i8f(ued under sub-section (2) of section 352n or a certificate accepted 20 under section 3520 ban on enterlnl or leavinl an indlan port without certlftca" (2) no ship other than an indian ship carryin~ 2000 tons or mote 011 in bulk as cargo, wherever registered, shall enter or leave or attempt to enter or leave any port or place in india unless it carries on board a certificate issued under sub-section (3) of section 115 352n or a certificate accepted under section 3520 government ship' (3) no customs officer shall ~ant inward entry or outward clearance to anv ship to which sub-section (1) or as the caee may be sub-section (2) apt>lies unless its master produces a cert1ftcate required under the respective sub-section 30 352q nothinl! in thff: part shall at>nlv to any ship of war or any shit> for the time beinl! used bv the government 0'1 any country for purposes other than commercial purposes 352r the central government may make rules prescrfblng-power to make rulis (0) the form of certificate to be issued by the director- 35 general under sub-section (2) of section 352n and the particulars which it may contain; (b) feee which may be charged for issue of certificates under section 3s2n' i 11 for part xia of the principal act, the following part' shall be dl' substituted, namely: -i 'part xia substitution of new part tor part xia commencement and appucat1on p1mvbn'rron and containment 0'" poll"tmon of thil sea by oil 356a (1) the provisions of this part shall come into force on sueh date as the central government may, by notification in the oftlclal 45 gazette, appoint, and different dates may be appointed for different provisions of this part (i) this part shall apply to-(0) tankers of one hundred and fifty tons gross or more; (b) other ships of five hundred tons gross or more; and 5" (c) off-shore instauatiod8 31i6b in this part, unless the context otherwise requires,-5 10 of 1978 10 (a) "cargo" includes ballat!lt and ship's stores and fuel; (b) "coast" includes any island forming part of india; (c) "coastal waters" means any part of the territorial waters of india, or any marine areas adjacent thereto over which india has, of, 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 belne in force; (d) "convention" means the international convention for the prevention of pollution of the sea by oil, 1954, signed in london on the 12th day of may, 1954, as amended trom time to time; 11 (e) "discharge", in relation to oil or oily mixture, m38ll8 any discharge or escape, however caused; (f) the expression "tram nearest land" shall mean the baseline from which the territorial sea of the territory in question is established in accordance with the geneva convention on the ao territorial sea and the contiguous zone, 1958, except that in relation to north-eastern coast of australia it shall mean from a line drawn 'from a point on the coast of australia in latitude 11° south, longitude 142° 08 east to a point in latitude 10· 35' south longitude 141°55' eastlis thence to a point latitude 10°00' south, longitude 142°06' east thence to a point latitude 9°10' south, longitude 143°52' bast thence to a point latitude 9°00' south, longitude 144°8(y east thence to a point latitude 13°00' south, longitude 144°()(y east thence to a point latitude 15°00' south, longitude 146°ocy east ' thence to a point latitude 18°00' south, longitude 147°00' east the'llce to a point latitude 21°00' south, longitude 153°00' east thence to a point on the coast of australia in latitude 24°42' south, longitude 153°15' east; (g) "instantaneous rate of discharge of oil content" means the rate of discharge of oil in litres per hour at any instant divided by the speed of the ship in knots at the same instant; (il) "mile" means a nautical mile of 1852 metres· - - (i) "oft-shore installation" means an installation, whether mobue or ftxed, which is used or is intended to be used for underwater exploffltion 0)' exploitation ot crude oil, petrolel,uu or other eimilar mineral oils, under leale, lioeonce or any other form of contractual arrangement and includes-(a) 'any installation which could be moved from place to p1a(je under its owli motive power or otherwise; and 5 (b) a pipe-line; (j) "oil" means-(1) crude oil; (ii) fuel oil; (iii) heavy diegel oil conforming to such specifications as 10 may be prescribed; and (iv) lubricating oil; (k) "oily mixture'> me~t)}~ ii mixtw'e with iuly 011 content; -(0 "oil reception facilities" in relation to a port, means :facuitiea for enabling vessels using the pott to discharge or 15 deposit ou residues; (m) "ship" means any sea-going vessel of any type whatsoever, including a boating craft, whether self-propelled or towed by another vessel, making a sea-voyage; (n) "tanker" means a ship in which greater part of the cargo 110 pace js com tructed or adapted for the carriage of liquid cargoes in bulk and which is not, for the time being, l'9rrying a- cargo other than oil in that part of its cargo space  provision!'; li'or prlm!:ntion of pollution356c (1) no ou or oily mixture ahall be discharged from an 25 indian tanker anywhere into the sea or from a foreign tanker any· where within the coastal waters of india except where each of the following conditions is satisfied, namely:-(a) the tanker is proceeding en-route; prohlbitiona  to dischar eofo1l or on, mixture, (b) the instantaneous rate of discharge of oil content does so not exceed sixty litres per mile; (c) the total quantity of oil discharged does not exceed 1/15,000 part of the total carrying capacity of the tanker; (d) the tanker;s more than 50 miles from nearest land; and 35 (e) the tanker is not within the designated areas noti1led as such under sub-section (6) of section 7 of the territorial warers, continental shelf, exclusive econ0mic zone and other maritime zones act, 1976: 80 of it'l8, provided that the provisions of this sub-section shall not apply 40 to-(t) the discharge of ballast from a cargo tank whjch, a1nce the cargo 'vas last carried therein, has been so cleaned that any afftuent therefrom would, if discharged from a 45 stationary tanker into clean calm waters on a clear day, produce no visible traces of oil on the surface of the water; or 5 (ii) the discharge of oil or oily m;xture from machinery space bilges, if any such discharge is made in compliance with the provisions of sub-section (2) as if it were made from a ship other than a tanker (z) no oil or oily mixture shall be discharged from an indian ship other than a tanker anywhere into the sea or from a foreign ship other than a tanker within the coastal waters of india except where each of the following conditions is satisfied, namely:-10 (a) the ship is proceeding en-route; (b) the instantaneous rate of discharge of oil content does not exceed sixty litres per mile; (c) the oil content of the discharge is less than one hundred parts per million parts of the oily mixture; 15 (d) the discharge is made as far from nearest land as practicable; and , of 19'18 !;io (e) the ship is not within the designated areas notified as such under sub-sect!on (6) of section 7 of the territorial waters, continental she~f, exclusive economic zone and other maritime zones act, 1976 (3) the discharge of oil or oily mixture into the sea from any off-shore installation is hereby prohibited 356d nothing in section 356c shall apply to-(a) the discharge of oil or oily mixture from a ship or an off-shore installation for the purpose of-prohibition not to apply in certain cases (i) safety of such ship or off-shore installation; or (ii) preventing damage to such ship or off-shore installation  or cargo, if any, on board such ship or off-shore installation; or (iii) saving life at sea; (b) the escape of oil or oily mixture resulting from damage to or unavoidable leakage from a ship or an oft-shore installation if,after occurrence of the leakage, all reasonable precautions 35 have been taken for the purpose of preventing or m;nimising such escape; (c) the discharge of oily mixture from the bilges of a ship during the period of twelve months following the date on which this section comes into force equipment in ships to prevent oil pollution 45 356e for the purpose of preventing or reducing discharges of oil 'and oily mixtures into the sea, the central government may make rules requiring indian ships to be fitted with such equipment and to comply with such other requirements (including requirements for preventing the escape of fuel oil or crude oil or heavy diesel oil into bilges) as may be prescrtq~(" ou record book 356f, (1) every indian tanker and every other indian ship which uses oil as fuel shall maintain on board the tanker or such other ship an oil record book in the prescribed form: provided that different forms may be prescribed for tankers and other ships 5 (2) the manner in which the oil record book shall be m'aintained, the nature of entrie& to be made therein, the time and circumstances in which such entries shall be made, the custody and disposal thereof, and all other matters relating thereto shall be such as may be prescribed having regard to the provisions of the conven- 10 tion 356g {l)a surveyor or any person appointed in this behalf, may, at any reasonable time, go on board a ship to which any of the provisions of this part applies, for the purposes of-(a) ensuring that the prohibitions, restrictio'ns and obliga- 15 tions imposed by or under this part are complied with; inspection and control of ships to which the convention applies (b) sntisfying himself about the adequacy of the measures taken to prevent the escape of oil or oily mixture from the ship; (c) ascertaining the c:;ircumstances relating to 'an alleged lzo discharge of oil or oily mixture from the ship in contravention of the provisions of this part; and (d) inspecting the oil record book (2) the surveyor or any such person may, if necessary, make, without unduly delaying the ship, a true copy of any entry in the 25 oil record book of the ship and may require the master of the ship' to certify the copy to be a true copy and such copy shall be admissible as evidence of the facts stated therein, 356h, (1) if, on report from a surveyor or other persons authorised to inspect a vessel u'nder section 356g, the central government 30 is satisfied that any provision of the convention has been contravened anywhere by a foreign ship, being a ship to which the provisions of the convention apply, it shall transmit particulars ot the alleged contrave'ntion to the government of the country to which ~~~~, " information regarding contra_ ventionof the provisions of the convention (2) on receipt of information from the government of any country which has ratified the convention that an indian ship has contravened any provisions of the convention, the central government mav if it deems it necessary 80 to do, request such government  , to furnish further details of the alleged contravention, and if satisfied 4d that sufficient evidence is available to establish contravention of any of the provisions of this part or rules made thereunder, take appropriate action against the owner or master and intimate the reporting government of the action so taken ~6 i (1) notwithstanding anything contained in any other law for the time being in force, in respect of every port in india, the powers of the port authority shall include the power to provide iou reqlption facilities oil reception facilities at ports in india 5 (2) a port authority providing oil reception facilities or a person providi, such facuities by arrangement with the port authority, may make charges for the use of the facilities at such rates and may impose such conditions in respect of the use thereof as may be approved, by inotification in the official gazette, by the 10 central· government in respect of the port (3) where the central government is satisfied that there are no 0] reception facilities at any port in india or that the facilities available at such port are not adequate for enabling ships calling at such port to comply with the requirements of the convention, tbe 15  central government may, after consultation with the port authnrity in charge of such port, direct, by ordeor in writing, such authgrity to provide pr arrange for the provision of such oil reception facilities as may be specified in the order (4) the central government may, by not~fication in 1he official 20 gazette, specify the ports in india having oil reception facilities in accordance with the requirements of tbe· convent!on exp,tanation-for the purpose of this section, "port authority" means,-(a) in relation to any major port, the board of trustees in respect of that port constituted under any law for the time being in force; 15 of 1908 (b) in relation to any other port, the conservator of the port, within the meaning of section 7 of the indian ports act, 1908  provisions for containment of accidental pollution356j (1) where the central government is satisfied that-power to give ( ) notice to a oil is ~scaping or is likely to escape from a tanker, a owner, etc, 35 ship other than a tanker or any off-shore installation; and of pollut_ ing ship (b) the oil so escaped or likely to escape is causing or threatens to cause pollution of any part of coasts or coastal waters of india, it may, for the purpose of minimising the pollution already caused, or, for preventing the pollution threatened to be caused, require-(i) th~ owner, agent, master or charterer of the tanker, 40 (ii) the owner, agent, master or charterer of the ship other than a tanker, (iii) the owner, agent, master, charterer or operator of a mobile off-shore installation, (iv) the owner, operator jessee or licensee of off-shore 45 installation of any other type,  or all or any of them, by notice served on him or as the case may be on them, to take such action in relation to the tanker, ship other than a tanker, mobile off-shore installation, or, as the case may be, off-shore installation of any other type or its cargo or in relation to both, as may be specified in such notice 5 (2) without prejudice to the generality of sub-section (1), the notice issued under that sub-section may require the person or persons on whom such notice is served to take action relating to any or all of the followi'ng matters, namely:-(a) action for preventing the escape of oil from the tanker, 10 ship other than a tanker, mobile off-shore installation or off-shore installation of any other type; (b) action for removing oil from the tanker, ship other than a tanker, mobile off-shore installation or off-shore installation of any other type in such manner, if any, and to such place, if any, 15 as may be specified in the notice; (c) action for removal of the tanker, ship other than a tanker, mobile off-shore installation or off-shore installation of any other type to a place, if any, as may be specified in the notice; 20 (d) action for removal of the oil slicks on the surface of the sea in such marr1er, if 'any, as may be specified in the notice; (e) action to disperse the au slicks on the surface of the sea in such manner, if any, as may be specified in the notice 25 (3) the central government may, by any notice issued under sub-section (1), prohibit the removal-(a) of the tanker, ship other than a tanker, mobile off-shore installation or off-shore installation of any other type, from a place specified in the notice; 30 (b) from the tankei', ship other than a tanker, mobile offshore installation or off-shore installation of any other type, of any c8l'go or stores as may be specified in the notice, except with its previous permission and upon such conditions, if any, as may be specified in the notice 35 (4) notwithstanding anything contained in sub-section (2), the central government may, if it is of the opinion that the pollution caused or likely to be caused has or may present a grave emergency, proceed to take such measures as may be deemed necessary and any measures so taken sh'all be deemed to have been taken under section 356k 40 n 3516k (1) where any person faus to tomply, or fails to comply in part, with any notke served on him under section 356j, the central government may, whether or not such penlcm is tonvicted of an offence under this part by reason of his having so failed to comply, tauie sucjt action to be taken as it may deem nec:essary for-45 powers to take measures tor pre· venting or containing oilpollu tum (i) carrying out the directives given in the notice issued under section 356j; and ;' 5 (ii) ~odt8inin the pollution already aaused or preventing the pollution threadeded to be caused, of coastal waters or, as the case may be, of any part of the coast of india by oil escaped or threatening to escape from the tank~r, a ship other than a tanker, a mobile off-shore installation ot' off-shore installation of any other type 10 is (2) subject to the provisions of part xb, any expenditure or liability incurred by the central government in, or by reason of the exercise of powers under sub-section (1) in relation to any tanker, ship other than a tanker, mobile oft-shore installation or oft-sbore iastallation of any other type lin respect of which a uotice had hell is&ued under section 356j, or its cargo of oil that had escaped or was discharged into the sea, shall be a debt due to the central government by the per90n or persons on whom the notke was served and may be recovered from that person, or 8s the ease may be, fi'om all or aay of those penons add shall be a charge upon am or any tanker, ship other than a tanker, mobile o8'~ot'e installation or off-shore installatioll of any other type owned by that person or persods which may be detained by the central govel'nment until the amount is paid: 25 provided that provisions of part xb of this act shall not apply to measures taken in respect of any off-shore installation which is not a ship within the meaning of this act except that in the event of pollution damage caused by any  stfclf off-shore installation the person who is liable for the damage may claim exoneration from any liability if he proves that such damage-(a) resulted from an ,act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character; or 30 (b) was wholly caused by an act or omission done with intent to cause that damage by any other -person; or (c) was wholly caused by the negligence or other wrongful act of any government or other authority responsible for the maintenance of lights or other navigational aids in exercise of 35 its tunctions in that behalf 356l (1) where for the purposes of taking any measures under sub-section (1) of section 356k, services of any indian ship become necessary for-(i) lightening or transporting any cargo or equipment from or to the polluting ship; or (ii) providing any assi!~ce to @:nyoth~ ship or equipment engaged in rendering services"uiicfer cla\iser(i), -power of the central government to ,tve direction to certain ihipil to render certain ervicet 45 the central government may, if it deems it necesiary so to do, direct, by an order in writing, the owner of any indian ship, tug, barge or any other equipment to provide such services or assistance as may be specified in that order (2) the owner of any ship, tug, barge or any other equipment wlth respect to which an order under subsection (1) has b~n made shall be entitled to tariff rates of freight and charter hare at reasonable rates having regard to current market conditions: provided that where tariff rates of freight are not fixed or 5 where there is any dispute about 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 director-general by an order in writing (3) where in pursuance of the proviso to sub-section (2), the 10 director-general makes any order fixing rates of freight or charter hire, he shall determine reasonability of such rates of freight or charter hire by examining such witnesses, documents and accounts as he may deem necessary  oil poilutioa cell356m (1) with efteet from such date as the central govern- 15 ment may, by noti&eation in the oftleial gazette, speeify, there shall be levied on every ship caldng at any port in india being a sllip which carries oil as ca  o, a cess to be called 0:1 pollution c~s (hereafter in this part referred to as cess) at such rate not exceeding fifty paise,-20 (a) in respect of each tonne of oil imported by a ship into india in bulk as a cargo; (b) in respect of each tonne of oil shipped from any place in india in bulk as a cargo of a ship, as the central government may, by noti&cation in the official gazette, 25 fix: provided that no cess shall be levied on a ship at amy port it the ship produces evidence of having paid such levy at the sanle ur any other port in india within a period of three months immediately preceding its present call at the port i :~o (2) the cess shall be collected by such officers and in sl1t'h manner as the central government may prescribe in this behalf rnd shall, after deduction of such costs of collection, if any, as the centr"l government may determine, be paid to such authority as the central government may specjfy 35 (3) the prooeeds of the cess shau, after due appropriat;on matlc by parliament by law, be utilised for the purpose of providin~ oil reeeption facilities and equipments and materials for combating oil pollution at various ports in india and for such other like purpnses as tbe central government may, by notijicat:on in the official 40 gazette, from time to time specify refusal of port clearance 356n the officer whose duty it is to grant a port clearance for any ship shall not grant the port clearance until the amount of cess payable under section 356m has been paid or until security for the payment thereof has been given to his satisfaction 3560 (1) the central government may, having regard to the pow~ t,c, provisions of the convention, make rules to carry out the purposes of make this ' part rules (2) in particular and without prejudice to the generality of the prov'isions of su))section (1), such rules may-(a) prescribe the specifications of heavy diesel oil for the purposes of sub-clause (iii) of clause (j) of section 356b; 10 (b) prescribe the equipment to be fitted in indian ships and other requirements to be complied with by those ships for the purposes of section 35:6e; , (c) prescribe the forms of oil record books for tankers and other ships, the manner in which such books shall be maintained, the nature of the entries to be made therein, the time 'and circumstances in which such entries shall be made the custody and disposal thereof and all other matters relating th,ereto for the purposes o'f section 356f; 20 (d) prescribe the fees which may be levied for inspection of oil monitoring system, oily water separator, oil content metre, crude oil washing system, inert gas system or other equipments or contrivances carried out on board for prevent~ pollution of tbe sea by oil and the manner in which such fees may be col~ected; (e) specify tbe, officers wbo shall collect the cess and the manner in which the cess shall be collected 12 after section 411 of the principal act, the following section shall inser-25 be inserted, namely: -ti'on of new section 411 "411a (1) if it appears to the central government-(a) that measures have been taken by or under the law of any foreign country for regulating or controlling the terms or conditions upon which goods or passengers may be carried by sea, or the terms or conditions of contracts or arrangements relating to such carriage; and (b) that such measures, in so 'far as they apply to things done or to be done outside the territorial jurisdiction of that country by persons carrying on hlwful business in india, constitute an infringement of the jurisdiction which belongs to india 3,,) powers the central governmentto protect interests of indian ship_ ping from undue foreign inter vention it may, by an order in writing, direct that this section shall apply to those measures either in whole or to such extent as may be specified in the order 45 (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 suchrequirement             or prohibition                             as it                                   considers                                              proper                                                      for maintaining the jurisdiction                  of india    (4) any directions                        given by the                                       central                                                government                                                              under                                                                      5sub-section            (3)                may be either                               general                                        or special and may prohibitcompliance with any requirement                                 or prohibition                                               either absolutely orin such cases or subject to such conditions,                                             as to consent or otherwise, as may be specified in the order    (5) if it appears to the central                                          government                                                        that                                                               any person                                                                            10in india has been or may be required                                          to produce or furnish                                                                    to anycourt, tribunal                or authority                               of a foreign                                              country                                                        any                                                               commercialdocument         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                                                                         15the requirement                  constitutes' or would constitute                                                    an infringement                                                                      ofthe jurisdiction                  which belongs to india,                                               the central                                                              governmentmay, by an order in writing, give directions to that person, prohibit-ing him from complying with the requirement                                                except to such extentor subject to such conditions as may be specified in the order",                                                                       2013 in section 417 of the principal                                      act, in sub-section                                                           (1), after                                                                       thewords      "sailing vessel", the brackets                                  and words "(other                                                     than                                                          a sailingvessel solely engaged in fishing for profit)" shall be inserted14 in section 435 of the principal                                              act, for clause                                                                    (0)                                                                         of sub-section(2),      the following clause shall be substituted,                                                                       namely: -                                                                                                                 25cc (0) the fees which may be levied for the issue or re-issue ofamend-ment ofsection417'amend-ment ofsection435certificates of registry, for the surveyor                                            inspection of sailing vesselsbefore issue of such certificates, for the inspection of sailing vesselsand for all other purposes of this part and the manner in which suchfees may he recovered;"                                                                        3015 after part                    xv                          of the principal act, the following part shall beinserted, namely:-                                                              i 'part xvainser-tion ofnewpartxva                          fishing                                  boats    435a save as otherwise                              provided, this part                                                    applies                                                             to every 35indian fishing boatapplica-tion ofpart435b for the purposes of this part, "indian fishing boat" means-defini-tion(a) every fishing vessel, as defined in clause (12) of section 3;(b)     every sailing vessel, whether                                            or not fitted with mechanical means of propulsion, solely engaged in fishing for profit;                                                                    40    (c) every               boat or craft                               of any other type used solely forfishing which              the                   central                           government                                        may, by notification                                                              inthe official gazette, specify to be a fishing boat for the purposesof this section,which is owned wholly by persons to each of whom any of the des- 45criptions        speclfled in clause                           (a)                               or in elauso                                            (b)                                                or in clause                                                            (c) ias the case may be, of section 21 applies or which satisfies such otherrequirements              as the central government                                           may, by notification in theofficial gazette, specify435c every            indian                   fishing boat shall                                     be                                         registered                                                    under                                                           this                                                                 obllga-part:                                           >                                                           i                                                                          tion to -    i                                         register    provided               that                    any                         indian                                 fishing boat                                              registered                                                          at the                                                                  com-mencement            of this part                        under part v or part xv of this act or any5other jaw for the time being in force in india shall be deemed to havebeen registered                'under                       this part:10    provided              further                      that                           every indian                                         fishing boat                                                        so deemed                                                                    tohave      been registered                      shall be re-registered                                             under                                                    this part                                                                withinsuch period             from                   the                       commencement                                        of this part                                                      as                                                          the                                                               centralgovernment             may, by notification                                   in the official gazette,                                                           specify:    provided              also that registration                                    of non-mechanised                                                        sailing vesselswill     commence                in different                             ports                                   on                                        such                                               dates                                                      as the                                                               centralgovernment             may, by notification                                   in the official gazette,                                                            specifyport ofregistry  ~ 435d (1) the ports at which registration                                           of indian fishing boats$hall be made shall                   be such ports                                 or places in india as the centralgovernment            may, by notification                                in the                                       official gazette,                                                       declare                                                               tobe ports or places of registry under                                 this part        (2), the port                               or place at which an indian                                                                                 fishing boat is regis-tered fur the time being under                                                     this part, shall be deemed to be her20       port or place of registry                                   and the 'port or place to which she belongsregistarsof indianfishing,boats,435e the central                  government                               may, by notification                                                     in the                                                             official gazette,         appoint                 an officer to be registrar                                           of indian                                                     fishing boats ateveor such port or place declared                                  as a port or place of r,egistry undersub-section            (1) of section 435d435f an application                       for                           the registry                                         of an indian                                                        fishing                                                                 boat                                                                       applica-shall be madetion forregistry     (a) in the case of an individual,                                                by the person                                                                   requiring                                                                                tobe registered                 as owner or by his agent;    ~b) in the case of more than one indtvidual                                                           requiring                                                                       to beso registered,                by one or more of the persons                                                      so requiring                                                                      or byhis or their agent or agents, as the case may be; and(c) in the case of a company or a cooperative society requiring to be so registered, by its agents;       and the authority                           of the agent shall be testified in writing, if appointed35       by an individual                           under the hand of the person appointing                                                                        him and, ifappointed           by a company                           or a cooperative                                             society under                                                            its commonsealcertificate ofregistry   435g (1) the                  owner                         of every                                  indian                                         fishing boat                                                      required                                                               tobe registered             under                   this part                            shall                                  make                                         an                                             application                                                         in                                                             theprescribed          form                to a registrar                             for the grant                                           to him of a certificateof registry           in respect' of the fishing boat     (2) the owner                          of every indian                                                fishing boat in respect                                                                              of whichan application                    under                              sub-section                                              (1) is                                                         made,                                                                   shall                                                                            cause                                                                                      thetonnage           of the fishing boat                                      to                                           be                                                 ascertained                                                                 in                                                                      the                                                                             prescribedmanner,<3) the registrar may make such inquiry as he thinks lit with respect to the particulars contained in such application and shall enter in a register to be kept for the purpose (hereinafter referred to as fishing boats register) the following particulars in respect ot the indian fishing boat, namely: -(a) the name of the fishing boat, the place where she was built and the port to which she belongs; (b) the rig, type and tonnage of the fishing boatj (c) the number assigned to the fishing boatj (d) the name, occupation and residence of the owner of the 10 fishing boat; (e) the mortgages, if any, effected by the owner in respect of the fishing boat; and (1) such other particulars as may be prescribed (4) after the particulars in respect of the indian fishing· boat f~ have been entered in the fishing boats register under suh·section (3), the registrar shall grant to the applicant a certificate of registry in the prescribed form (5) the owner 01 t!very indian fishing boat shtdl pay for plela rertificate of registry a fee according to such scale as may be prel- 20 cribed by the central government havin, r •• ard to the tondap of the fishing boat, but in no case exceedi11& one rupee per ton of its gross tonnage (6) an indian fishing boat required to be registered under thia part but not so registered may be det~ined by a proper officer until 25 the owner, skipper, tindal or other person in charge of the fishing boat produces a certificate of registry in respect of the fishing boat be painted 435h the owner of every indian fishing boat so registerea shall, before commissioning the fishing boat into service, paint or cause to be painted permanently in the prescribed manner on some conapi- 30 cuous part of the fishing boat, the name by wmch the fishing boat has been registered, the num ber assigned to the fishing boat by the registrar and the port or place to which she belongs, and shau take all steps to ensure that the fishing boat remains painted a6 required by this section 35 435 i a change shall not be made in the name of ad indian fishing boat registered under this part except in accordance with rules made in this behalf change of name otlndian flshin, boat special provision for indian fishin, boate 435j every indian fishing boat registered under this part shall corry on board such life saving appliances and fire appuances as are ,0 prescribed by rules made under ilection~ 288, 289 and 457 or under any other provision of this act, subject to such ~emptwns as mal be ilially granted in reepect of such fts~ boat , -4a:;k (i) no indian fishing boat shall ply or proceed to sea unless there is in force in respect of that fishing boat a certificate gf inspection granted under this part certiftcateof inspection 5 (2) a certificate of insp'ection in rec;pect of an indian fishing boat shall speclfy-(a) the name and tonnage of the fishing boat; (b) the name of skipper, tinda! or other person in charge ot the fishing' boat; (c) the maximum number of members of crew the fishing 10 boat is certified to carry; (d) the safety equlpments and appliances the fishing boat is required to carry or board; (e) such other matters as the central government may think fit to specify, 15 and shall oontain a statement to the effect that her hull, rigging, equipment and machinery where fitted are in good conditi'on (3) every certificate of inspection shall be in force from the date of issue 'for a period at one year or for streh shorter period as may be specified 1herein: 20 provided that when an indian fishing boat is at sea at the time of expiry of the certificate, the certificate shall continue to be valid until her first arrival at a port or place in india 435l (1) wilefe at any time subsequent to the issue of a certificate of inspectioll in respect of an indian fishing boat, the registrar has reason to believe that the fighing boat is not fit to proceed to sea, he may after giving the owner an opportunity of making a representation, cancel slich certificate cancellation, re_ issue, etc, of certificate of inspection go (2) where at any time subsequent to the issue of a certificate of inspection 'an indian fishing boat has undergone material alteration or has met with accident or, where the certificate of inspection hns been cancelled ~nder s'ub-section (1) and the application i:;; made for the re-ilssue of such certificate or for the grant of a fresh certificate the registrar may, before re-issuing the certificate or issuing a fresh certificate, as the case may be, cause such fishing boat to be inspected; and if the authority inspecting the fishing boat reports that she is not fit to proceed to sea or that her hull, rig$,ng or equipment are dcf('ctive such certificate shall not be re-issued or 35 -i~ued until the fishing boat is, in the opinion of such authority, fit to proceed to sea or the defect is rectified to the satisfaction of that authority 45 inspec_ tion of safety equipmente and appliances 435m (1) any surveyor appointed under section 9, any registrar of: indian fishing- boats appointed under section 435e or any other oftker appointed by the central government in this behalf by notification in the official gazette may at any reasonable time inspect any indian ming boat for the purpose cit seeing that she is properly provided with safety equipments and appliances in conformity with the rules referred to in section 435j (2) if the surveyor, or, as the case may be, the registrar or other omcer appoint~d under sub-section (1) find~ that the indian fisning boat is not provided with the aforesaid equipments and appliances, he shall give to the owner, skipper or tindal or any other person in charge of the fishing boat notice in writing pointing out the deficiency and also what in his opinion is requisite to remedy the said defieiency (3) no indian fishing boat served with a notice under sub-sectlod 5 (2) shall proceed to sea 'until it obtains a certificate signed by the surveyor, registrar or other officer appointed under sub-section (1) to the effect that it is properly provided with safety equipment!! and appliances in conformity with the aforesaid rules ' registration of alteration 435n when an indian fishing boat is so altered as not to 10 correspond with the particulars relating to her enterea in the certificate of registry, the owner of such fishing boat shall make a report of such alterations to the registrar of the port or place where the fishing boat is registemd, and the registrar shall either cause the alterations to be registered, or direct that the fishing boat may be registered 15 anew, in accordance with such rules as may be made in this behalf transfer of registry 4350 the registry of an indian fishing boat may be transferred from one port or place to another port or place in india on the application of the owner of the fishing boat, in accordance with such rules as may be made in this behalf ~o closure of regilltry 435p if an indian fishing boat is lost, destroyed or renderpd permanently unfit for service, the owner of such fishing boat shall, with the least possible delay, report the fact to the registrar of the port or place where the fishing boat is registered and also forward to him certificate of regi~try in respect df the fishing ooat; and there- ~5 upon the registrar shan have the registry of the fishiilg boat dosed 435q no person shall transfer or acquire any indian fishing boat registered under this part or any interest therein without the previous approval of the central government~ and any transaction effected in contravention of this section shall be void and unenforceable 30 restriction on transfer of indian flshidw boata 435r (1) every mortgage of an indian fishing boat or any interest therein effected after the date on which this part comes into force shah be registered with the registrar mortgage of indian fiahing boats (2) every mortgage of an indian fishing boat or any interest therein effected before the date on which this part comes into force 35 shall, if subsisting on that date, be registered with the reglstr~ within three months from that date (3) the registrar shan enter every such mortgage in the fishing boats register in the order in which it is registered with him (4) if there are more mortgages than one recorded in ft'spect 40 of the same indian fishing boat or interest therein, the mortgages shall, notwithstanding any express, implied or constructive notice, have priority according to the date on which each mortgage ts registered with the registrar and not according to the date of each mort· gage itself: provided that nothing contained in thi~ sub-section shall affect the relative priorities as they existed immediately before the date on which this part comes into force as between mortgages of the l8llle fishing boat or interest therein effected before such date which are registered in aoccordance with the provisions of sub-sectlon (2) 5 4358 (1) no person shall use or attempt to use the certificate of registry or the certificate of inspection granted in respect ot an indian fishing boat for any purpose other than the lawful operation 'of that fishing boat 10 (2) no person shall use or attempt to use for the operation of an indian fishing boat, a certificate of registry or a certificate of inqpection not granted in respect of that fishing boat j'r&ud~ i_tum of ctrt1-ftc,  of rej11tr7 or certf1l cat 0' iupecticm, etc, pfohlblwd (3) no person who has in his possession or under his control the certificate of registry or the certificate of inspection of an indian ftshing boat shall refuse or omit without reasonable cause, to deliver such certificate on demand to the owner of the fishing boat 43st (1) every owner, skipper, tindal or other person in' chuge of a mechanised indian fishing hoat of 25 registered tons and above sball maintain or cause to be maintbjined in the prescribed form a statement of the crew of the fishing boat containing the following particulars with respect to each member thereof, namely:-(a)- his name; 20 (lbr toe wages payable to him; state-ment re-iatidito crew of iddiad flshib, boat ,~ to be ma!jl-ta1ned (c) the names and addresses of his next-of-kin; (d)" ilie date of commencement of his employment; and (e) such other particulars as may be prescribed: provided that the central government mav if it is of opiniob that at is necessarv or expedient so to do and for reasons to be recorded in writinlt, ex~rnpt bv e-eneral or special order, any tnaian fishing boat or clas!; of indian fishing boats from the provisions of this su d-section ' - (2) every change in the crew ot the indian fishing boat shall be entered in the statement under sub-section (1)' (3)' a copy of such statement and of every change entered therein shall be communicated as soon as possible to the registrar of the port or place of rel!islrv of fh;> inoian fishim boat concerned 35 435u (1) the central government may make rules to carry out the provi9lons of this part (2)" in particular, and without prejudice to t~e generality of the fore~oing powpf, such rules may provide for all or any of the followinlt matters namely:-' 40 (a) the form in which applications for certificates of registry shall be made and the particulars which such applications should contain; (b) the manne'r in which tonnage of an indian fishing boat !;hall be r'icertpinec'1: 45 (d the form in which fi~hin!( boats register sh~il_?~:_~~i~: tafned; (d) the forms in which certificates of registl')'l and certificates o'f inspection may be issued; (e') the fees which may be levied for the issue or re-issue of eertificates of re,istry or certificates of inspection and for all oth&tr purposes of this part; <i> the manner in which the name, number asslped to the indian fishing boat and name of the port or place to which she belongs shall be painted; (g) the manner in which any change may be made in the name of an indian fishing boatj 10 (h) any exemption from the requirements relating to carriage of safety equipment and appliances by an indian fishing boat that may be specially granted under section 435j in respect of such fishing boat: (i) the manner in which alterations in indian fishing boats 15 shall be reported and applications for the registry of such alterations in the certificates of registry of indian fishing boats shall be made, the endorsement of the particulars of alterations on the certificates of registry, the grant of provisional certificates in cases where indian fishing boats are directed to 20 be registered anew, 'caees in which indian fishing boats shall be registered anew, the period for which provisional certificates shall be valid and all other matters ancillary to the registry of alterations; (j) the manner in which registry of an indian fishing boat 25 may be transferred from one port or pla(!e in india to another port or place in india; (k) the form in which statement of members of crew of an indian fishing boat may be maintained; (i) any other matter which has to be or may be prescribed 30 435v the central government may, by notification in the ofticial gazette, direct that any provisions of this act other than those contained in this part which do not expressly apply to indian fishing boats shall also apply to indian fishing boats subject to such onditions, exceptions and modifications as may be specified in 35 the notification application to indian fl8hln, boat, ot other provi-~on 435w the central government may by notification in' the official gazette, require every iridian fishing boat or any spedfled class uf indian fishing boats to furnish such fishery data to the nailtra}' in such form and at such periodical intervals as may be 40 specified in that notification, re1&~ ,:f\o pl fijbe'ry data  1e' be fund shed by ini:1ian---ftsbln boab power to exempt 435x notwithstanding anything conta'ined in this part, the central government may, by order in writing, and upon such conditions as it may think fit to impose, exempt any indian fishing boat or class of indian fishing boats or skipper, tindal or member of 45 ~rew of such fishing boat -or class of fishing boats from any 5 specified requirement contained in or prescribed by any rules made in pursuance of any provision of this part or ftom any other requirement of this act extended to indian fishing boats or to personnel employed on indian fishing boats by a notification issued under ection -taf)v, if it is satisfied that the requirement is substantially complied with or the compliance with the requirement may be impracticable or 'unreasonable in the circumstances attending the case', 16 in section 436 of the principal act, in sub-section (2), in the 10 table,-amendmentof sectlon 438, (i) against serial number 100, in the fourth column, for the words "one thousand rupees", the words "five thousand rupees" shall be substituted; 15 (ii) for serial numbers 115b, 115c and 115d and the entries relating thereto, the following shall be substituted, namely:--_,-------_-_-----_-- -------20 "ji5b~ (a) ifoiloroily mixture is discharged in contravention of lub-section (1) of section 3s6c--3560(1) ~ the master of the t3nker shall be liable to fine which may extend to five lakh rupees (i) where such discharge is made from an indian tanker anywhere into the lea; go 3560(1) the master of the, tanker, or jf the tanker is unmarmed, the person in charge of its o~ration shall be liable to fine which may extend to five lakh rupeei (ii) where such discharge is made from a foreign tankej anywhere within the coastal waters of india -35 (b) if oil or oily mixture js discharged in contravention of sublection (2) of ~ection 356c-356(2) the master of the ship shah be liable to fine which may extend to five lakh rupees (i) where such dischal'ge is made by all indian ship 'other than a tankei' anywhere into the sea; 45 (ii) where sudl discharge is made by a foreign ship other than a tanker an}'w~re within 'the coastal 356c(2) the master, or if the ship ij wunanned, the pewn jn charge of its operation shall be liable to fine which rna y extend to five lakh rupee~, wa~j'f"of india (c) ,if oil or oily mixture is discharged in contravention of liuo-section (3) of section 3s6c 5 the master of the off-shore installation if it be a mobile craft on the owner, operator, lessee or licensee of an off-shore,in&tal1ation of any other type shall be liable to fine which may extend to five jakh t'li)k'c's ii~q it an indian !ihip is not fitted with equipment prescribed undl"r section 3s6e tne owner, ma~cr or agent oitthe indian ship shall be liable to fine which may exteud to ten thou 10 sand rupees 3jlif 115d toe m"ter of tht': indian tanker 01 oth:r indian ship shall be liable to fhe waich m'iyextend to five thouund rupees (i) if the muter of all indian tanker or other indian sltip fails to maintain an oil record b~k &'1 required by section 356f or contravenes any rult m~de under tha t section; 2 20 the offender shall be liable to r>!n~\t1 01 im:>risonment wh ich iqolyextend to six months or fine which may extend to ten thousand rupee~ or hoth (ii) ir any p~rsol wilfully d':ltroys or mutilates or render3 illegib~e 01' prevents the making of, any entr~' in the oil record book or makes 01 causes to be made a fzlse entry in such book in contravention of any rule made under 'section 356f· 3s6g(2) the master of the ship shall be liable to fine which may extend to one thousand rupees 35 j 15b {(master ot any ship refuses to certify copy of any entry in the oil record book to be a true copy ofsuch entry as required under lub-seetion (2) of section 3s6g  ii sf if any person fails to take action a'l reg uired by a notice se~d on him under subsection (1) 01' section 356j the offender shall be liable to 'l'enalty of imprislllullent which 40 may extend to six months or fine which may extend to ten lakh rupees or both· lisg it owner of au yin dian ship, tug, barge or any other equipment fails to comply with any order issued under sub-section (1) of secnon 356l tile offender shall be liable to 45 penalty of imprisonment which may extend to six months or fine which may extend to one lakh rupees, or both and if the offence is a continuing one the offender 50 5 ----------------------------------------------------------shall· be liable to a further fine which may e~tend to ten thou-!wjdrupeeperday{or every day during which the offence continues after conviction," ; ---------------------------(;it) after serial number 137 and the entries relating thereto, the followidg shall be h~serted, namely:-2 | the                     | owner shall     | be        | liabje    | to     ||-------------------------|-----------------|-----------|-----------|--------|| fine which              | may             | extend to | (ne       |        || thowand                 | rupees         |           |           |        || if                      |                 |           |           |        || aa                      |                 |           |           |        || indian                  |                 |           |           |        || fishing                 |                 |           |           |        || boat                    |                 |           |           |        || required                |                 |           |           |        || to                      |                 |           |           |        || be                      |                 |           |           |        || reptered                |                 |           |           |        || undu                    |                 |           |           |        || ilectlon                |                 |           |           |        || 4-!soja                 |                 |           |           |        || not                     |                 |           |           |        || registered              |                 |           |           |        || in acoordulce           |                 |           |           |        || wich                    |                 |           |           |        || the                     | provisions      | of        |           |        || that~dion              |                 |           |           |        || 15                      |                 |           |           |        || the                     | owner           |           |           |        || shall                   |                 |           |           |        || be                      | liable to       |           |           |        || fine                    |                 |           |           |        || which may               |                 |           |           |        || extend                  |                 |           |           |        || to                      |                 |           |           |        || two hund-               |                 |           |           |        || r~d                     |                 |           |           |        || rupees                 |                 |           |           |        || if                      |                 |           |           |        || the                     | owner           | of        | an        | indian || fiibiq                  |                 |           |           |        || boat                    |                 |           |           |        || faih                    |                 |           |           |        || to                      |                 |           |           |        || com-                    |                 |           |           |        || pl¥                     |                 |           |           |        || with the                |                 |           |           |        || pr,ovicioj11            |                 |           |           |        || £if                     |                 |           |           |        || section                 |                 |           |           |        || -4-35h                 |                 |           |           |        || 10                     |                 |           |           |        || 137c                    |                 |           |           |        || if                      |                 |           |           |        || provisions ofsection    |                 |           |           |        || 01-35                   |                 |           |           |        || 1                       |                 |           |           |        || 435                     |                 |           |           |        || 1                       |                 |           |           |        || are                     |                 |           |           |        || contraven~d            |                 |           |           |        || the                     |                 |           |           |        || own~r                   |                 |           |           |        || shall                   |                 |           |           |        || be                      | liable          |           |           |        || to                      |                 |           |           |        || fine                    |                 |           |           |        || which                   |                 |           |           |        || may                     |                 |           |           |        || txt("rd to two         |                 |           |           |        || hundred                 | rupees         |           |           |        || j                       |                 |           |           |        || 37d                     |                 |           |           |        || ifjlr~viliurul         |                 |           |           |        || of                      |                 |           |           |        || sectio1l435j            |                 |           |           |        || 435j                    |                 |           |           |        || are                     |                 |           |           |        || contravened            |                 |           |           |        || go                      |                 |           |           |        || theownr-r,              | skipper, tindal |           |           |        || or                      |                 |           |           |        || any                     |                 |           |           |        || other                   |                 |           |           |        || person                  |                 |           |           |        || in                      |                 |           |           |        || charge                  |                 |           |           |        || of                      |                 |           |           |        || the                     |                 |           |           |        || jndian fishing          |                 |           |           |        || bc'at                   | shall be        |           |           |        || liabje to               | fine            |           |           |        || which                   |                 |           |           |        || may                     | r-x-            |           |           |        || 'end                    | to              | one       |           |        || thou~and                | rupe~s          |           |           |        || and                     | in addition     |           |           |        || to                      |                 |           |           |        || fine                    |                 |           |           |        || which                   |                 |           |           |        || may                     | exttjld to      |           |           |        || fifty                   |                 |           |           |        || l'up~e"                 |                 |           |           |        || fol'                    |                 |           |           |        || every                   |                 |           |           |        || day                     |                 |           |           |        || during which the        |                 |           |           |        || offence                 |                 |           |           |        || ('ontinu~s              | aft~r           |           |           |        || convic-                 |                 |           |           |        || tion                   |                 |           |           |        || 1~7e                    |                 |           |           |        || if                      |                 |           |           |        || proviaionsof            |                 |           |           |        || section                 |                 |           |           |        || 43sk                    |              |           |           |        || 35k                     |                 |           |           |        || are                     |                 |           |           |        || coi\tra                 |                 |           |           |        || vened                  |                 |           |           |        || 35                      |                 |           |           |        || th('!                   | owner,          |           |           |        || skipper,                |                 |           |           |        || tindal                  |                 |           |           |        || or                      |                 |           |           |        || any                     |                 |           |           |        || odler                   |                 |           |           |        || person                  |                 |           |           |        || in                      |                 |           |           |        || charge                  | of              |           |           |        || the                     |                 |           |           |        || indian                  |                 |           |           |        || fishing boat            |                 |           |           |        || shall                   |                 |           |           |        || b~                      |                 |           |           |        || liable to               | fine which      | may       | ex-       |        || tend                    |                 |           |           |        || to                      |                 |           |           |        || one thousand            |                 |           |           |        || j                       |                 |           |           |        || upees                   |                 |           |           |        || and                     |                 |           |           |        || in                      |                 |           |           |        || addition to             | fine which      |           |           |        || may                     | extend          |           |           |        || to                      |                 |           |           |        || fifty                   |                 |           |           |        || rupees                  |                 |           |           |        || for                     |                 |           |           |        || every                   |                 |           |           |        || day                     | during which    | the       |           |        || offence continues after |                 |           |           |        || convic-                 |                 |           |           |        || tion                   |                 |           |           |        |1!l7f if provisions of section 4-35m 433m are contravf'm"d the owner shall be liable to fine which may extend to one thouland ruj1ees and in addition to fine which may ext~nd to fifty rupeea for every day during which the offence eontinue~ after conviction  --- __---_ - -137g ifpl'ovwons ofsectio1l435n 43sn the owner shall be liable to~ arr conttaven~d fine which may extend to two 1 hundred rutees and in addition - to fine w ich may extend to 5 twenty rupees for every day duridg which the offence continue! after conviction 137h 11 proviaiona of liection 43sp 43sp the owner shall be liable to fine are contravened which may extend to two hund-10 n'd rupres 1371 if any pel'lqll oontravenes 43sq the offender shall be liable to a the provisiodll of section fine which may extend to five 43sq· hundred rupees i37j if any person contravenes 4358 the offender shall be liable to 15 the provisions of !!ection imprisonment which uy ex-4358 tend to three months or fide which may extend to two hundred rupees, or both 137k if proviaions of section 4351' sst the owner, skipper, tindal or any 20 are contravened other penan in charge or the indian fishing boat abail be liable to fide which may extend to two hundred rupees" amendmenta relating to referen-ces to act o1!l6t)!8 17 the amendments directed in the schedule (being amendments for 25 substituting for the references in the principal act to the provisions of, and authorities under, the code of criminal procedure, 1898, references to the corresponng provisions of, and authorities under, the code ot criminal procedure 1973) shall be made in the principal act ~oflm  (see section 17) amendments to the merchant shipping ac:rt 1958 (44 of 1958)5 1 in section 35 of the principal act, in sub-section (3), for the words "any magistrate of the first class" and "the magistrate", the words "any judicial magistrate of the first class or any metropolitan magistrate, 8s the case may be," and "the said magistrate" shall, respectively, be substituted 10 2 in section 132 of the principal act, in sub-section (3), for the words "a magistrate", the words "a judicial mag:strate of the first class, or a metropolitan magistrate, as the case may be," shall be substituted 3 in section 145 of the principal act, in sub-section (1) ,-15 (a) for the words "any magistrate", the words "any judicial magistrate of the first class or any metropolitan mag:strate, as the case may be," shall be substituted; (b) for the words "the magistrate" at both the places where they occur, the words "such magistrate" shall be substituted 4 in section 146 of the principal act, in clause (see), for the word 20 "a magistrate", the words "a judicial magistrate of the first class or a metropolitan magistrate, as the case may be," shall be substituted 5 in section 184 of the principal act, for the words "a magistrate" at both the places where they occur, the words "a judicial magistrate of the first class or a metropolitan magistrate, as the case may be," shah 115 be substituted 6 in section 187 of the principal act, in sub-section (2), for the words "a magistrate", the words "a judicial magistrate of the first class or a metropolitan magistrate, as the case may be," shall be substituted 7 in section 189 of the principal act, for the words "a magistrate", 30 the words "a judicial magistrate of the first class or a metropolitan magistrate, as the case may be," shall be substituted 8 in section 233 of the principal act, in sub-section (3), for the words "nearest magistrate", the words "nearest judicial magistrate of the first class or the metropolitan magistrate, as the case may be", shall be substl-35 tuted 9 in section 279 of the principal act, in sub-section (4), for th~ words "presidency magistrate or a magistrate of the fint class", the words "metropolitan magistrate or a judicial magistrate of the first class" shall be substituted 10 in section 282 of the principal act, in clause (8), for the word "magistrates", the words "metropolitan magistrates or judicial magistrates of the first class, as the case may be," shall be substituted 11 in section 361 of the principal act, for the words "a magistrate of the first class" and "presidency magistrate", the words "a judicial magis-5 trate of the first class" and "metropolitan magistrate" shall, respectively, be substituted ' 12 in section 372 of the principal act,-(a) in sub-section (1), for the words "magistrate of the first class" and "presidency magistrate", the words "judicial magistrate 10 of the first class" and "metropolitan magistrate" shall, respectively, be substituted; (b) in sub-section (3), for the word "magistrate", the words "judicial magistrate of the first class or metropolitan magistrate, as the case may be," shall be substituted; '5 (c) in sub·section (4), for the word "magistrate", the words "judicial magistrate of the first class or metropolitan magistrate, as the case may be/' shall be substituted 13 in section 383 of the principal act, in sub-section (z), for the words "presidency magistrate, magistrate of the first class", the words 20 "metropolitan magistrate, judicial magistrate of the first class" shall be substituted 14 in section 401 of the principal act, for the word "magistrate", the words "judicial magistrate of the first class or metropolitan magistrate, as the case may be," shall be substituted 25 15 in section 402 or the principal act,-(4) in sub-section (4), in clause (4), for the word "magistrate", the words "judicial magistrate of the first class or a metropolitan magistrate, as the case may be," shall be substituted; (b) in sub-section (5), for the words "the magistrate or the high 30 court, as the case may be," and "the magistrate", the words "the judicial magistrate of the first class or the metropolitan magistrate or the high court, as the case may be," and "such magistrate" shall, respectively, be substituted; (c) in sub-section (6), for the words "a magistrate" and "the 35 magistrate", wherever they occur, the words "a judicial magistrate of the first class or a metropolitan magistrate" and "such magistrate" shall, respectively, be substituted 16 in section 439 of the principal act, for the words "presidency magistrate or a magistrate of the first class", the words "metropoutan 40 magistrate or a judicial magistrate of the first class" shall be suhbtituted 17 in section 440 of the principal act,-(4) for the words and figures "section 32 of the code of criminal procedure, 189s", the words and figures l'sectiod 29 of the code of 5 of 1888, criminal procedure, 19'73" shall be substituted; 45 2 of 1974 (b) tor the words "presidency magistrate or a magijtrate of the firtt c1aa", the words "metropolitan magistrate or a judicial ¥iii' trate of the first class" shall be substituted 18 in section 442 of the principal act, in sub-section (1),-(a) for the words "tourt or magistrate", the warde "court or judicial magistrate of the first class or metropolitan magistrate" shall be substituted; 10 (b) for the words "court, magistrate", the words "court or judicial magistrate of the first class or metropolitan magiatrate" hall be substituted; (c) for the words  , justice or magistrate", the words "or juatice or judicial magistrate of the first class' or metropolitan magistrate" shall be substituted; (d) for the words "justice, magistrate", the words "justice or judicial magistrate of the first class or metropolitan magistrate" hall be substituted 19 in section 445 of the principal act,-(a) in sub-section (1), for the words "court, magistrate" ~d "a magistrate", the words "court or judicial magistrate of the flrit 20 class or metropolitan magistrate" and "such a magistrate" shall, respectively, be substituted; (b) in sub-section (2), for the words "court, magij;trate or other officer" and "court, magistrate, officer", the words "court or judicial magistrate of the first class or metropolitan magistrate or other 25 officer" and "court or judicial magistrate of the firat daaa or metropolitan magistrate or officer" shall, reepectively, be substituted 20 in section 447 of the principal act, for the words "a magi$trate", the words "a judicial magistrate of the first class or a metropolitan magistrate, a the ease may be," shall be substituted  the amendments proposed in this bill to the merchant shipping act, 1958, fall, from the point of view of their objects and reasons, into difterent categories the various categories of amendments and the objects and reasons therefor are dealt with in the following paragraphs:-(1) establishing a regime of comp,ensation for oil potbution damage the international convention on civil liability for oil pollution damage, 1969 (clc) establishes an entirely new regime of compensation anl'lliability on the owners of the ship from which polluting oil escaped or was discharged the provisions of the convention do not cast any burden direct or indirect on a contracting state either in its capacity as a flag state or a state importing or exporting oil in order to give effect to the substantive provisions of this convention, a new part is is being inserted this will enable india to exercise jurisdiction on foreign ships in our coastal waters ('v'idje clause 10 of the bill)  (2) giving effect to the amendments to the interna~1 convention for the prevention of pollution of sea by oil, 1954the international convention for the prevention of pollution of the sea by oil, 1954, has already been ratified by india and effect to the provisions contained in the saici convention have already been given effect to by part xia of the act for giving effect to the amendments to the convention of 1954, which relate to the ban of discharge of on or oily mixture anywhere into the sea except at the instantaneous rate of discharge, it is proposed to substitute the existing part xia of the act by 0 new part (vide clause 11 of the bill)  (3) levy of pollution ces~the amendments prctjosed for controlling deliberate discharge and containing accidental escape of oil into the sea put a heavy financial responsibility on the central government as it has to provide, among others, adequate facilities for reception of oil residues at the ports these measures would involve an expenditure which is likely to run into crores of ru;>ees this expenciiture is proposed to be re·imbursed to the government by levying pollution cess on all ships--indian or foreignwhich carry oil as cargo when they call on indian ports it is proposed to give an enabling power to the central government to levy cess from a date to be notified by that government (vide dause ll-section 356m)  (4) investing powers in the cent1'al government to protect interests of indian shripping from undue foreign interventionshipping conferences are not generally subject to any governmental control and it is unusual for states to exercise control over international shipping however, certain maritime countries have adopted a different attitude and asked certai,n indian shift>ping companies to produce documents and recorns held by them in india with a view to protecting indian shipping owners from such arbitrary measures of foreign states violating the jurisdiction belonging to us, it is proposed to include a provision which would enable the central government to protect the interests of the indian companies, ms-a·1'is undue intervention by foreign countries (t1ide clause 12) (5) providing for registration and control of indian fishing boat" clb defined in new section 435b the bill seeks to insert a new part xv a to provide for registration and control of indian fishing boats as defined in new section 435b this is being done to give effect to the recommendations of the fisheries enquiry committee under the proposerl amendment it will be obligatory for every owner of an indian fishing boat to get the same registered at any port or place of registry notified by the central government  (6) enhancing the penalties provided in section 436 of the actit is felt that the penalties at present prescribed [or the contravention of the provisions of section 313 of the act do not seem to have acted 8s a deterrent it is, therefore, proposed to enhance the adtutional fine prescribed against serial no 100 in the table below section 436(2) from ri 1,000/- to rs 5,000/- also, penalties for the contravention of provisions of part xia are being enhanced for major pollution 'offences to the extent of rs 10 lakhs and for minor pollution offences to the extent of rs 10 thousand penalties for contravention of the provisions of new part 'xv a, relating to fishing boats, which are akin to sailing vessels, are also being provided (1,ide clause 16 of the bill) (7) empowering the central government to make ruze! with respect to levl/ing fees far various se?'vices rendered by surveyors to smpptng industry the central government provides services of a number of surveyors and senior oftlcers to the s~ing industry with the adoption of new international conventions anrl protocols by the international community on maritime matters, particularly in the fiel'd of safety of life and property at sea, the protection of maritime environment and training and certiftcation of ship's officers and crew, the workload on the mercantile marine department, which is functioning under the director-general of shipping, has increased considerably this has resulted in the increase of wage bill of technical staff in order to meet this expenditure in part, the central government is being given the power to make rules for levying fees for the services rendered by the department to the industry for this purpose it is proposed to amend sections 74 87, 175, 282, 344 anri 435 of the act  (8) amendment of section 2 of the act to apply the act to all vessels  including scailing vessels and indian fishing boatsthe existing section 2 does not clearly show that the act would ,,ly to all vessels including sailing vessels and indian fishing boats in order to remove this lacuna, it is proposed to amend section 2 (9) incidentally, this opportunity is availed of to replace the references to the code of criminal procetiure 1898 and the functionaries thereunder by references to the code of criminal procedure 1973 and the functionaries thereunder (1,ide clause ] 7 of the bill-schedule) the bill seeks to achieve the above objects veerendra patil nzw delhi; the 24th july, 1982 clauses 6, 6, 7~ 8, 9 and 14 f1 the bill amend sections 7'1, 87; 175; 2u:~ and 435 of the merehant shlpping act, 1958, to enable the central government to levy fees for certain matters ~ified in those provillons au these provlaions would result in the increase of the wage bill ot the tedmical atai! of the mercantile marine department the bill thus, if 'enacted, would necessitate additional expenditure on the colledion of the !laid fees which cannot be possibly estimated at present 2 clause 11 of the bill propoies to substitute part xla of the act, consisting of sections 3sua'to 356-0 section 356-1 of the bill makes a provision for providing oil reception facillties at certain ports which may be spedf\ed by the central government by notifteation in the official gazette section 356k read with section 356l(2) of the bill enables the central government to take certain measures for preventing or containing oil pollution section 356m of the biu enables the central government to levy a cess to be called the oil pollution cess at such rate not exceeding fifty paise as the cmtral government may, by notification in the official gazette, fix the' cess shall be collected by such officers and in such manner as the central government may prescribed· in this behalf section 356-0 (2) (d) enables the central government to levy fees for matters specified therein clause 15 of the bill praposes to insert part xv a in the act, consisting of sections 435a to 435x section 435e enables the central government to appoint registrars of indian fishing boats at certain ports or places section 435g(5) enables the central government to levy fee for the grant of certificate under that section section 4s5u (2) (e) enables the central government to levy fees for the issue or re-issue ot certi~cates of registry or certificates of inspection and for certain other purposes of part xv a section ~lrw requires every indian fishing boat or any s;,jecified class of the indian fishing boats to furnish any luch fishery data to the registrar in such form anci at such periodical intervals as may be specified by notification the above provisions of the bill would involve some expenditure in their implementation it is, however, 'difficult to estimate the said expenditure at this stage however all the expenditure is proposed to be met out of the fees or, as the cast:: may be, cess collected under the aforesaid provisions s the bill does not involve any other expenditure, whether of ~ recurring or non-tecurring nature  memorandum regarding delegated legislationthe merchant shipping act, 1958 is being amended, inter alia, to give effect to certain international conventions, namely, the international convention on civil liability for oil pollution damage, 1969 (clc) and amendments to the international convention for the pl'evention of pollution of the sea by oil, 1954 2 the government through its mercantile marine department proviries the services of surveyors and senior officers to the hipping iudllstry with the adoption of new international conventions and protocols by the international community on marine matters, particularly in the field of safety of life and property at sea, protection of marine environment and training and certification of ship's officers and crew, the workload on the department has increased considerably and the wage bill of technica~ staff has consequently increased in order to recover the expenditure in oart, it is proposed to include provisions in the respective parts of the act enabling the government to make rules for levying fees for the services renclered by the department to the shipping industry sillie the rule making provisions in respect of various parts is scattered, it is proposed to amend sections 74, 87, 175, 282, 344 and 435 of the act a new part xb is being inserted and section 352r thereof empowers the central government to charge fee for issue of certain certificates the existing part xia is being substituted by a new part in the new part so substituted, section 356-0 empowers the central government to make rules and it includes power to levy fee as has been done in the aforementioned sections similar power is also being given under section 485u in the new part xva which deals with the registration of indian fishing hoats and other matters connected therewith 3 thus, the matters in respect of which rules may be mane under new sections 352r 356-0, 435u and the amended sections 74, 87, 175, 282, 344 and 435 are matters of detail or procedure the delegation of legislative power is, therefore, of a normal character 'to , • ~: (44 of 1958) - - - - - application of act z (1) unl otherwise expressly provided, the provisions of tilts act 1tjgcb apply to shipi which are registered in india or which in tetml of ttdi act are required to be so registered shall so apply 1wlerever the ahtps may be (2) unless otherwise expressly provided, the pr"visiodij of tbta act which apply to alrlps other than those referred to in sub-section (1) shall 10 apply only while any such ship is within india, inc1udlng the tenitonal waters thereof definitions  s in thi act, unless the context otherwise requires,-- - - - - (31) "safety convention" means the convention for the &fety of life at sea signed in london on the 17th day of tune, 1960, as amended from time to time; - - - - - 22 (1) every indian ship, unless it is a ship which does not ~d obligation to register fttte~ tons net and is employed solely in navigation on the coasts of india, shall be registered under this act (2) no ship required by sub-section (1) to be registered shall be reeggnised as an indian ship unless she has been registered under this act: ' provided that any ship registered at the commencement of this act at any port in india under any enadment repealed by this act, slia1l be deemed to have been registered under this act and shall be recognised as an indian ship (3) a ship required by this act to be registered may be detained until the master of the ship, if so required, produces a certificate of registry in r-espect of the ship  - -   35 (1)   - - - custocly and use of ~, certiftcate (3) any person refusing or omitting to deliver the certificate as required by sub-section (2), may, by order, be summoned by any magistrate of the firit class to appear before hlm and to be examined touching such refusal; add if the person is proved to have absconded so that the order of such malfstrate eannot be served on bim, or if he persists in not delivering up the certj1icate, the rna,gistrate shall certify the fact, and the same proceedings may then be taken as in the case of a certificate mislaid lost or  ' destroyed, or as near thereto as circumstances pennit  - •• - - - powet'to make l'uj!sin rlm~tof 74 (1) - '" '" '" '" (2) in particular, and without prejudice to the generauty of the foregoing power, such rules may provide for' all or any 01 the fouowin, matters, namely:-mat~ers in 1ms part '"    '" (;) the fees that may be levied under this part and the manner in which such fees shall be collected; '" '" '" '" '" 17 the central government may make rules to carry out the provisions of this part relating to certificates of competency, and may, by such rule,,-- '"  '" '" power to make rules as to grant, cancellation or suspenlo sion of certiftcates o'fcompetency 132 (1)                  '"                                 '"                                                                                                               '"                                                                               - decision ofques-tions by shipping masters'     (3) an award made by a shipping master under this section may be enforced by a magistrate in the same manner as an order for the pay-ment of wages made by such magistrate under this act               '"                               '"                                               '"                                                               '"                                                                                                            mode of recovering wages summary proceedi~tor wages    145 (1) a seaman or apprentice or a person duly authorised on'his be-~~ may, u soon as any wages due to him become payable, apply to any magistrate 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 ios or resides, and the magis-trate shall try the case in a summary way and the orde~ made by the magistrate in the matter shall be final     (2) an application und~r sub-section (1) may also be made by~y officer authorised by the central government in this behalf by general or special order    146 a proceeding for the recovery of wages due to a seaman or apprentice shall not be instituted by or on behalf 'of any seaman or lpprentice in any civil court except whereftestric-tiona on suits for w,te • (a) the owner of the ship has been declared insolvent; (b) the ship is under arrest or sold by the authority of any court; (c) a magistrate refers a claim to the court accommodation for aelamen '"  - '" - 175 (1) - '" - - - (2) in particular and without prejudice to the generality of the fore going power, such rules may provide for all or any of the tollowini matters, namely:-'" - '" '" - ~d such rules may make different provisions in respect of ~nt ~es of shipe and in respect of crew acconullodation provideq· for different classes of persons  - - - - - provisicm! for the protection of seamen in respect of other matter, 1m if a seaman or apprentice states to the master that he ~esires to make a complaint to a magistrate or other proper officer agamst the master or any of the crew, the master shall,-facllities for making complaints (a) if the tihip is then at a place where there is a magist~ate or other proper officer, as soon after such statement as the service of the "hip will permit, and (b) if the ship is rot then at such place, as soon after her firat arrival at such place as the service of the ship will permit, allow the complainant to go ashore or send him a'5hore under proper px:otection so that he may be enabled to make the complaint - - - - seaman's property not to be datame-d 187 (1) any person who receives or takes into his possession or under his control any money or other property of a seaman or apprentice shall return the same or pay the value thereof when required by ~e seaman or apprentice subject to d~duction of such amounts as may be justly due to him from the seaman or apprentice in respect of board ol" 'lodging or otherwise ship not ~ibe, boarcfed 'witho\l't perminion before seamen leave - (2) where a magistrate imposes a fine for a contravention of this section, he may direct the amount of such money or the value of the property subject to such deduction as aforesaid, if any, or me property itself to be forthwith paid or delivered to the seaman or apprentice  - - - - - 189 where a ship has arrived at a port or place in india at the end of a voyage and any person, not being in the service of the government or not being duly authorised by law for the purpose, goes on board the ship without the permission of the master before the seamen lawfully leave the ship at the end of their engagement or are discharged (whichever happens last), the master of the ship may take such person into custody and deliver hini up forthwith to a police officer to be taken before a magistrate to be dealt with according to the provisions of this act keeping order in passenger ships lneonnectlon with passeoprlhips (3) the master or other officer of any such ship and all persons called by him to his assistance may, with out warrant, detain any person who c(ldunits any offence under this section and whose name and address are unknown to the master or officer and convey the offender with all convenient despatch before the nearest magistrate to be dealt with according to law tionfor dela7ln sawq (4) if the master, owner or agent objects that the sum spec·ified in the ~e ilsued under sub-section (3) or any part thereof is not payable by btrn, he may, at the time of payment of such sum, give to the pllgri~ gticer notice of his objection, together with a statement of the grounds thereof, and the pilgrim officer shall thereupon either cancel or modify the aforesaid notice in accordance with the objection and refund the sum held in deposit under sub-section (3), or refer the objection for decision to a presidency magistrate or a magistrate ·of the first class exercihillg jurisdicton at the port or place at which the sh:p is delayed, whose decision on such reference shall be final; and there shall be refunded to the master, owner or agent any amount allowed to him by such decision  -  - -  z82 the central government may, subject to the condition of previous publication, make rules to regulate all or any of the following matters, namely:-   - - power to make rules relatlne to pili'rim ships (8) the manner in which the dates of sailing shall be advertised under section 21)5; the appointment of pilgrim officers for,the purposes of that section and sections 279 and 280; the manner irt which payment shall be mad~ under section 279 to pilgrims and to the pilgrim officer; and the procedure to b~ followed by masters, owners or agents and by pilgrim officers and mag'strates in proceedings under that section;   -  344 (1)         -   part xiapower to (2) in particular and without prejudice to the generality of the foremake going power, such rules may prescriberules l'eapecfulg certificates wlder this part  prevention of pollunon of the sea by oilcommencement an4 applica-uod 356a (1) the provisions of this part shall take effect from iuch date u the central government may, by notiftcation in the oftlcial gazette, appoint, and cw!erent dates may be appointed for different provisions iii respect ot tankers and shlps other than tankers (2) they shall apply to and in relation to-(a) tankers of one hundred and fifty tons gross or more; and '" (b) other ships of five hundred tons gross or more  a56b in this part, unless the context otherwise require5-deftnl  tions (a) "convention" means the international convention for the prevention of pollution of the sea by oil 1954, signed in london on the 12th day of may, 1954, as amended from time to time; (b) "c:1ischarge", in relation to oil or oily mixture, means any ¢ischarge or escape howsoever caused; (c) "mile" meuns a nautical mile of 1,852 metres; (d) "oil" means,-(i) crude oil, (ii) fuel oil, (iii) marine diesel oil conforming to such specifications as may be prescribed, (iv) lubricating oil; (e) "oily mixture" means a mixture with an oil content of hundred parts or more in a million parts of the m~xture; (1) "oil reception facieties", in relation to a port means facilities for enabling vessels using the port to discharge or depositt oil residues; (g) "prohibited zone'" means any such sea area as may be specified in the rules made und~r section 3561 to be a prohibited zone for the purposes of this part; (h) "ship" means any sea-going vessel of any type whatso~vet, including floating craft, whether self-propelled or towed by another vessel, making a sea voyage; (i) "tanker" means a ship in which the greater part of the cargo space is constructed or adopted for the carriage 0'£ liquid cargoes in bulk and which is not for the time being, carrying a cargo other than oil in that part of its cargo space 356c (l) no oil or oily mixture shall be discharged from an indian prohibiti  tg dis char  of oil or olly mixture tank~r or other ship within any of the prohibited 7;qpes or from a fql'ej~n tanl!;er or other ship within the prohibited zone adjoining the territqrles of india (2) the discharge of oil or oily mixture from an indian ship, other than a tanker or from a foreign ship other than a ·tanker while such foreign ship is proceeding to any place or port in india, shall, during the period of three years immediately following the commencement of this sub-6ection, be made ~~s far as practicable from land: provided that this sub-section shall not apply to a ship which il proceeding to a port where oil reception facilities are not available (3) no oil or oily mixture shall be discharg~d anywhere at sea from an indian ship, being' a ship of twenty thousand tons gross tonnage or more for which the building contract wels entered into on or after the comins into force of this sub-section: provided that this sub-section shall not apply in any case where by reason of special circumstanccl) it is impracticable or unreasonable to retain the oil or oily mi::-:ture in the ship and the master of the ship reports, as soon as may b", after such discharge the fact in the pretlcribed form and manner to the directol'-general  356d nothing in section 356c shall apply ~prohibi-tion nbt tollily incertiin cases ' (tj) the discharge of oil or oily mixture from a ship for the purpoee of securing the safety of a ship, preventing damage to a ship or cargo or saving life at sea; (b) the escape of oil or of oily mixture resulting from a damage to a ship or unavoidable leakage, if all reasonable precautions have been taken after the occurrence of the damage or discovery of the leakage for the purpose of preventing or minimising the escape; (c) the discharge of residue arising from t~e purification or clarification of fuel oil or lubricating oil when such discharge is made as far from land as is practicable; (d) the discharge from the bilges of a ship of oily mixture during the period of twelve months following the date on which this clause comes into force and after the expiration of such period of oily mixture containing no oil other than lubricating 0'1 which has drained or leaked from the machinery spaces in the ship 356e for the purpose of preventing or reducing discharges of oil and oily mixtures into the sea, the central government may make rules requiring indian ships to be fitted with such equipment and to comply with such other requiremetit6 (including requirement for preventing the e~cape of fuel oil or heavy diesel oil into bilges) as may be prescribed equipment in ships to prevent oil pollution oil record book 336f (1) every indian tanker and every other indian ship which usp<: oil as fuel shall maintain on board the tanker 0r such other ship an oil record book (2) the form and manner in which the oil record book shall be maintained, the nature of the entries tp be made therein, the time and circumstances in which such entries shall be made, the custody and disposal thereof and all other matters relating thereto shall be such as may be prescribed having regard to the provisions of the convention 356g (1) a surveyor or any person appointed in this behalf may, at any reasonable time, go on board a ship to which any of the provisions of this part apply, for the purposes of-(a) ensuring that the prohibitions, restrictions and obligations imposed by or under this part are complied with; inspection and control 'of ships to nhich the convention appues (b) satisfying himself about the adequacy of the measures taken to prevent the escape of oil or oily mixture from the ship; (c) ascertaining the circumstances relating tt> an alleged discharge of oil or oily mixture from the ship in contravention of the provisions of this part; and (d) inspecting the oil record book (2) '!'he surveyor or any such person may, if necessary, make, without unduly delaying the ship, a true copy of any entry in the oil recc't:'d book of the ship and may require the master of the ,hip to certify the copy to be a true copy and such copy shall be admit:lsible as evidence of the facts stated therein 3568 (1) if, on report from a surveyor or other person authorise< to inspect a vessel under section 356g, the central government is satisfied that any provision of the convention has been contravened anywhere by a foreign ship being a ship to which the provisions of the convention apply, it shall transmit particulars of the alleged contra· vention to the government of the country to which the ship belongs information regardin, contravention of the provisions of the conventi'on (2) on receipt of information from the government of any counti'y which has ratified the convention that an indian ship has contravened rny provision of the convention, the central government shall investi· gate the matter and if sat:sfted that any provision of this part or any rule made thereunder has been contravened, take appropriate action against the owner or master and intimate such government of the action so taken 356l (1) notwithstnnding anything contained in any other law for the time being in force, in respect of every port in india, the powers of the port authority shall inclu::le the power to provide oil reception facilities oureception :faciliti'c1s at ports in india (2) a port authority providing oil reception facilities or a person providing such facilities by arrangement with the port authority, may make charges for the use of the facilities at such rates and may impose such conditions in respect of the use thereof as may be approved, by notification in the official gazette, by the central government in respect of the port (3) where the central government is satisfied that there are no oil reception facilities at any port in india or that the facilities available at such port are not adequate for enabling ships calling at such port to comply with the requirements of the convention, the central government may, after consultation with the port authority in charge of such port, direct by order in wrltin~ such authority to provide or arrange for the provision of such oil reception facilities as may be specified in the order (4) the central government may, by not~fication in the official gazette, specify the ports in india having oil reception facilities in accordance with the requirements of the convention explanation-for the purpose of this section, "p'ort authority" means,-38 of 1963 (a) in relation to any major port to which the provisions of the major port trusts act, 1963, 4lpply, the board of trustees constituted in respect of that port under that act; (b) in relation to any other port, the conservator of the port, within the meaning of section 7 of the indian ports act, 1908 1, of 1908 power to make ru1ee 356j (1) the central government may, havirig regard to the provisions of the convention, make rilles to carry out the purposes of this part (2) in particular and without prejudice to the generality of the pro visions of sub-section (1), such rules may-(4) prescribe the specificatiolls ~fmarine cue~1 oil for the pur-pq5e$ of dauae (d) of section~; (b) specify the areas which shall be d~med to be prohibited zones for the purposes of this part; (c) prescribe the form and manner in which the oil record book shall be maintained, the nature of the entries to be made therein the time and circumstances in which such entries shall be maue, , the custody and disposal thereof and all other matters relating thereto; and (d) prescribe the manner in which investigation may be made by the central government for the purpose of 6ub-eection (2) of section 356h - - - - - 361 a magistrate of the first class specially-empowered in this behalf by the central government and a presidency magistrate shall have jurisdiction to make formal investigations into shipping casualties under this part | court      | em-   ||------------|-------|| powered    | to    || make       |       || formal     |       || investiga- |       || tion      |       |iii -  -  | power    | of    ||----------|-------|| court    | to    || remove   |       || master   | and   || appoint  |       || new      |       || master  |       |372 (1) a magistrate of the first class specially empowered in this behalf by the central government or a presidency magistrate, may remove the master of any ship within his jurisdiction if the removal is shown to his satisf8{:tion to be necessary   -  - (3) the magistrate may appoint a new master instead of the one removed, but where the owner, agent or consignee of the ship is within his jurisdiction, such an appointment shall not be made without the consent of that owner, agent or consignee (4) the magistrate may also make such order and require such security in respect of the costs of the matter as he thinks fit  - - - - - 383 (1) - - - -  constitu· tion of court of survey (2) the judge shall be a district judge, judge of a court of small causes, presidency magistrate, magistrate of the first class or other fit person appointed in this behalf by the central government either generally or for any specified case search warrants wh'ere wreck is concealed - - - - iii 491 where a receiver of wreck suspects or receives information that any wreck is secreted or is in the possession of some person who is not the owner thereof or that any wreck is otherwise improperly dealt with, he may apply to the nearest magistrate for a search warrant, and that magistrate shall have power to grant such warrant and the receiver of wreck by virtue thereof may enter any house or other place wherever situate and also any vessel and search for, seize and detain any such wreck there found salvage 402 (1) - - - - - (4) any dispute arising concerning the amount due under this section shall be aetermined upon application made by either of the disputing partiespaya~ :fdr iav'irlg ;we cargo or wredk (a) to a magistrate, where the amount claimed does not exceed ten thousand rupees; or (b) to the high court, where the amount claimed exceeds ten thousand rupees (5) where there is any dispute as to the persons who are entitled to the salvage amount under this section, the magistrate or the high court, as the ease may be, shall decide the dispute and if there are more persons than one entitled to such amount, the magistrate or the high court shall apportion the amount thereof among such persons (6) the costs of and incidental to all proceedings before a magistrate or the high court under this section shall be in the discretion of the magistrate or the high court, and the magistrate or the high court shall have full power to determine by whom or out of what property and to what extent such costs are to be paid and to give all necessary directions for the purpose aforesaid   - - - - certificate of registry 417 (1) every sailing vessel shall be registered in accordance with the provisions of this section  - - -  435 (1)  - - -  power to make rules t:elpectlnl allinl vellels (2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any' of the fouowin, matters, namely:-- - - - - penaltiel!l 431 (1) - - - - - (2) the offences mentioned in the second column of the followide table hall be punishable to the extent mentioned in the fourth column of the same with reference to aueh of!eneesreapeetively | section     | of                 ||-------------|--------------------|| this act to |                    || serial      |                    || offenc('~   |                    || which       |                    || ~najtit!s   |                    || no         | offence has        ||             | --1------         || '"ef~re~ |                    || '           | ________           || -           |                    || ••          |                    || -           |                    || 100         |                    || if          |                    || any         | ship               || j           |                    || 3           | the                || tion        | ofsertioj1         || 3           |                    || r           |                    || 3          |                    || shall       |                    || ~           |                    || liable      | to                 || fire       |                    || which       |                    || may         |                    || extend      | to                 || ten         |                    || thowand     | rupee!'            || and         | to such additional || _ fine      | not                |--=s-ectl--:"' o-n-o-f-=-------- --------serial no offences this art to wllich , offence has i reference penalties ----------------thousand rupees for every inch or fraction of an inch by which the appropriate load lines on each side of the ship are submerged or would have bttn submerged if the ship had been in salt waters and had no list, as the court thinks fit  to impose, having regarl: to the extent to which the earning capacity of the ship is or would have bttn increased by reason of the submersion: 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 weather or other circumltanee which neither the master nor the owner or the charterer, if any, could have prevented or forestallea - - jlsb - - (a) if oil or oily mixture is discharged in contravention ofsu}) section (i) of ~ction 356c-- (i) where such discharge is 356c( j) from an indian or a - foreign tanker; tbe master of the tanker shall be liable to fine which my extend to two thousand rupees (ll) where such diacharje is 356c(1) from an indian ahip not being a tanker or a foreign ship not being a tanker the master of the ship or, if the ship is unmanned, the person in charge of the opeation shall be liable to fine which may extend to one thousand rupees (b) if oil or oily mixture is dis-3s6(g) charged from an indian ship other than a tanker or from a foreignship other than a tanker in contravention of sub-section (2) of section 3560 the master of the ship or, if the ship is unm anned, the person in charge of the operation shall be liable to fine which may extend to one thousand rupees serial no oft'ences j section of i i this act to which i penalties offence has i __ 1 ____________ r_efi_er_ence __ i-_____ _ (c)jf oil or oily mixture is discharged i 3560(3) the master of the from an indian ship in contravention ship shall be liable of suh-section (3) of section 3560 to fine which may i i iextend to one thou-, sand rupees ii (d) if the master of the ship faus to make  the report referred to in the proviso to sub-section (3) of section 3560 3s6c(3) proviso the master of the ship shall be liable to fine which may extend to five hundred rupee~ 115e if an indian ship is not fitted with equipment prescribed under section 356e ithe owner, master or 'agent shall be liable to fine which may extend to two thou-i sand rupees and in :addition to a fine : which may extend to twen ty rupees for every day during which the offence continues after conviction lis]) 356f (i), fine which may ex-356f(2) tend to two thouaand rupees (0) if the master of an indian tanker or other ship fails to maintain an oil record book as required by section 356f or contravenes any rule i [other than a rule referred to in" (ii) below] made under that section (b) if any person wilfully destroys or 356f imprisonment which mutilates or renders illegible or /may extend to six prevents the making of, any entry /months or fine in the oil record book or makes or which may extend causes to be made a false entry in to five thousand such book in contravention of any irupees or both rule m~de under section __ 3;::5::6_f__--; _____ i _____ _ - - - - - 439 no court inferior to that of a presidency magistrate or a magistrate of the first class shall try any offence under this act or any rule or regulation thereunder -jurisdiction ofm,agistrates special pro-  vision regarding punishment ,"y notwithstanding anything contained in section 32 of the code of 5 of 1898 criminal procedure, 189&, it shall be lawful for a presidency magistrate or a magistrate of the first clasa to pass any sentence authorised by or under this act on any person convicted of an offence under this act or any rule or regulation thereunder - - - -  deposition!' to be received in 'evidence when witness cannot be produced 442 (1) whenever, in the course of any legal proceeding u~der this act instituted at any place in india before any court or magistrate or before any person authorised by law or by consent of parties to receive evidence, the testimony of any witness is required in relation to the subject-matter, and the defendant or the person accused (as the case may be), after being allowed a reasonable opportumty for so domg, does not produce the witness before the court, magistrate or person so authorised, any deposition previously made by the witness in relation to the same subject-matter before any court, justice or magistrate in any other place in india or, if elsewhere, before a marine board or before any indian consular officer, shall be admissible in evidence:-(a) if the deposition is authenticated by the signature of the presiding officer of the court or of the j\!stice, magistrate or marine board or consular officer, before whom it is made; (b) if the defendant or the person accused had an opportunity by hiiil6elf or his agent of cross-examining the witness; (c) if the proceeding is criminal, on proof that the deposition was made in the presence of the person accused  - - - - - levy,of wages, etjc, by distress ofmovable propertyor ship 445 (1) when an order under this act for the payment of any wages or other sums of money is made by a court, magistrate or other officer or authority, and the money is not paid at the time or in the manner directed, the sum mentioned in the order with such further sum as may be thereby awarded for costs, may be levied by distress and sale of the movable property of the person directed to pay the same under a warrant to be issued for that purpose by a magistrate (2) where any court, magistrate or other officer or authority has power under this act to make an order directing payment to be made of any seaman's wages, fines or other sums of money, then if the person so directed to pay the same is the master, owner or agent of a ship and the same is not paid at the time or in the manner directed by the order, the court, magistrate, officer or authority may, in addition to any other power it or he may have for the purpose of compelling payment by warrant, direct the amount remaining unpaid to be levied by distress and sale of the ship and her equipment  application of fines  447 a magistrate imposing a fine under this act may, if he thinks fit, direct the whole or any part thereof to be applied in compensating any person ~or any detrime~t which he may have sustained by the act or default in respect of which the fine is imposed or in or towards payment of the expenses of the prosecution i a bill further to amend the merchant shipping act, 1958 (shri veerendra patil, minister of shipping and ~ 't,iansport) 