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MERCHANT SHIPPING ACT 1958

ACT NO. 44 OF 1958

[30th October, 1958.]

Short title and commencement.

1. Short title and commencement. (1) This Act may be called the Merchant Shipping Act, 1958.

(2) It shall come into force on such date3* as the Central Government may, by notification in the Official Gazette, appoint, and different dates3* may be appointed or different provisions of this Act.

Application of Act.

4*[2. Application of Act. (1) Unless otherwise expressly provided, the provisions of this Act which apply to-- (a) any vessel which is registered in India; or (b) any vessel which is required by this Act to be so registered; or (c) any other vessel which is owned wholly by persons to each of whom any of the descriptions specified in clause (a) or in clause (b) or in clause (c), as the case may be, of section 21 applies, shall so apply wherever the vessel may be.

(2) Unless otherwise expressly provided, the provisions of this Act which apply to vessels other than those referred to in sub-section

(1) shall so apply only while any such vessel is within India, including the territorial waters thereof.] --------------------------------------------------------------------- 1. This Act has been extended to Goa, Daman and Diu by Reg. 12 of 1962, s. 3 and Sch. and to Pondicherry by Reg. 7 of 1963, s. 3 and Sch. I. 2. Omitted by Act 66 of 1986, s. 3 (w.e.f. 3.4.1987). 3. Parts I and II came into force w.e.f. 15th December, 1958, vide Notification No. S. O. 2583A, dated the 10th December, 1958, see Gazette of India, 1958, Pt. II. Sec. 3(ii), p. 2829. Part IV came into force w.e.f. 17th March, 1959, vide Notification No. S. O. 627, dated the 17th March, 1959, see Gazette of India, 1959, Pt. II, Sec. 3(ii), p. 702. Sections 7, 405 to 414 (both inclusive), 436 (in so far as it relates to offences mentioned against S. Nos. 122 to 125), 437 to 442, 447, 448, 456 to 460 and so much of section 461 and of Part I of the Schedule as relate to the Control of Shipping Act, 1947 (26 of 1947), came into force on the 1st April, 1960, see Notification No. S. O. 565, dated the 26th February, 1960, Gazette of India, Pt. II, Sec. 3(ii), p. 886. The remaining provisions came into force w.e.f. 1st January, 1961, vide Notification No. S. O. 3127, dated the 17th December, 1960, see Gazette of India, 1960, Pt. II, Sec. 3(ii), p. 3766. 408

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

1*[(1) "cargo ship" means a ship which is not a passenger ship;] 2*[(1A)] "coasting ship" means a ship exclusively employed in trading between any port or place in India and any other port or place on the continent of India or between ports or places in India and ports or places in Ceylon or Burma;

(2) "coasting trade of India" means the carriage by sea of passengers or goods from any port or place in India to any other port or place on the continent of India;

(3) "collision regulations" means the regulations made under section 285 for the prevention of collisions at sea;

(4) "company" means a company as defined in section 3 of the Companies Act, 1956; (1 of 1956)

(5) "country to which the Load Line Convention applies" means,-- (a) a country the Government of which has been declared 3* under section 283 to have accepted the Load Line Convention and has not been so declared to have denounced that Convention; (b) a country to which it has been so declared that the Load Line Convention has been applied under the provisions of 4*[article thirty- two] thereof, not being a country to which it has been so declared that that Convention has ceased to apply under the provisions of that article;

(6) "country to which the Safety Convention applies" means,-- (a) a country the Government of which has been declared under section 283 to have accepted the Safety Convention and has not been so declared to have denounced that Convention; (b) a territory to which it has been so declared that the Safety Convention extends, not being a territory to which it has been so declared that that Convention has ceased to extend;

(7) "court" in relation to sections 178 to 183 (inclusive) means a civil or revenue court; --------------------------------------------------------------------- 1. Ins. by Act 21 of 1966, s. 2.

2. Cl. (1) re-numbered as cl. (1A) by s. 2, ibid. 3. The words "or is deemed to have been declared" omitted by Act 25 of 1970, s. 2 (w.e.f. 21-7-1968). 4. Subs. by s. 2, ibid., for "article twenty-one" (w.e.f. 21-7- 1968). 409

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

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

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

(11) "equipment", in relation to a ship, includes boats, tackle, pumps, apparel, furniture, life saving appliances of every description, spars, masts, rigging and sails, fog signals, lights, shapes and signals of distress, medicines and medical and surgical stores and appliances, charts, radio installations, appliances for preventing, detecting or extinguishing fires, buckets, compasses, axes, lanterns, loading and discharging gears and appliances of all kinds and all other stores or articles belonging to or to be used in connection with or necessary for the navigation and safety of the ship; 1*[(11A) "family" means,-- (i) in the case of male, his wife, his children, whether married or unmarried, his dependent parents and his deceased son's widow and children: Provided that if a person proves that his wife has ceased under the personal law governing him or the customary law of the community to which the spouses belong, to be entitled to maintenance she shall no longer be deemed to be a part of such person's family for the purpose of this Act, unless such person subsequently intimates by express notice, in writing, to the Central Government that she shall continue to be so regarded; and (ii) in the case of female, her husband, her children, whether married or unmarried, her dependent parents, her husband's dependent parents and her deceased son's widow and children: Provided that if a person by notice in writing to the Central Government expresses her desire to exclude her husband from the family, the husband and his dependent parents shall no longer be deemed to be a part of such person's family for the purpose of this Act, unless such person subsequently cancels in writing any such notice. Explanation.--In either of the above two cases, if the child, or, as the case may be, the child of a deceased son, of a person has been adopted by another person and if under the personal law of the adopter adoption is legally recognised, such a child shall be considered as excluded from the family of the first mentioned person.]

(12) "fishing vessel" means a ship fitted with mechanical means of propulsion which is exclusively engaged in sea fishing for profit;

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

1*[(14) "free board" means the distance measured vertically downwards, amidships, from the upper edge of the deck line to the upper edge of the related load line;]

(15) "High Court", in relation to a vessel, means the High Court within the limits of whose appellate jurisdiction-- (a) the port of registry of the vessel is situate; or (b) the vessel is for the time being; or (c) the cause of action wholly or in part arises;

(16) "home-trade ship" means a ship not exceeding three thousand tons gross which is employed in trading between any port or place in India and any other port or place on the continent of India or between ports or places in India --------------------------------------------------------------------- 1. Ins. by Act 41 of 1984, s. 2 (w.e.f. 15-7-1985).

2. Subs. by Act 25 of 1970, s. 2, for cl. (14) (w.e.f. 21-7-1968). 410 and ports or places in Ceylon, Maladive Islands, Federation of Malaya, Singapore or Burma;

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

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

section (2) of section 22; 1*[(18A) "international voyage" means a voyage from or to a port or place in India to or from a port or place outside India;]

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

2*[(20) "Load Line Convention" means the International Convention on Load Lines signed in London on the 5th day of April, 1966, as amended from time to time;]

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

(22) "master" includes any person (except a pilot or harbour master) having command or charge of a ship; 1*[(22A) "nuclear ship" means a ship provided with a nuclear power plant;]

(23) "owner" means- (a) in relation to a ship, the person to whom the ship or a share in the ship belongs; (b) in relation to a sailing vessel, the person to whom the sailing vessel belongs;

(24) "passenger" means any person carried on board a ship except-- (a) a person employed or engaged in any capacity on board the ship on the business of the ship; --------------------------------------------------------------------- 1. Ins. by Act 21 of 1966, s. 2.

2. Subs. by Act 25 of 1970, s. 2, for cl. (20) (w.e.f. 21-7-1968). 411 (b) a person on board the ship either in pursuance of the obligations laid upon the master to carry shipwrecked, distressed or other persons or by reason of any circumstances which neither the master nor the charterer, if any, could have prevented or forestalled; (c) a child under one year of age;

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

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

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

(28) "pilgrim ship" means a special trade passenger ship which makes a voyage to or from the Hedjaz, or, as the case may be, to or from any other place of pilgrimage declared as such by the Central Government in pursuance

of clause (27), during the season of the pilgrimage and which carries pilgrims in a proportion of not less than one pilgrim for every one hundred tons of the gross tonnage of the ship;]

(29) "port of registry", in relation to a ship or a sailing vessel, means the port at which she is registered or is to be registered;

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

(31) "proceeding" in relation to sections 178 to 183 (inclusive) includes any suit, appeal or application;

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

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

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

(35) "registrar" means the registrar referred to in section 24; --------------------------------------------------------------------- 1. Subs. by Act 69 of 1976, s. 3 (w.e.f. 1-12-1976). 412

(36) (a) "repatriation expenses" means expenses incurred in returning a distressed seaman to a proper return port and in providing him with necessary clothing and maintenance until his arrival at such port, and includes in the case of a shipwrecked seaman the repayment of expenses incurred in conveying him to port after shipwreck and maintaining him while being so conveyed; and (b) "excepted expenses", in relation to repatriation expenses, means repatriation expenses incurred in cases where the cause of the seaman being left behind is desertion or absence without leave or imprisonment for misconduct, or discharge from his ship by a Marine Board on the ground of misconduct;

(37) "Safety Convention" means the Convention for the Safety of Life at Sea signed in London on the 1*[1st day of November, 1974], as amended from time to time;

2*[(38) "safety convention certificate" means,- (i) a passenger ship safety certificate, 3*[(ia) a special trade passenger ship safety certificate, (ib) a special trade passenger ship space certificate,] (ii) a qualified passenger ship safety certificate, (iii) a cargo ship safety construction certificate, (iv) a qualified cargo ship safety construction certificate, (v) a cargo ship safety equipment certificate, (vi) a qualified cargo ship safety equipment certificate, (vii) a cargo ship safety radio telegraphy certificate, (viii) a cargo ship safety radio telephony certificate, (ix) an exemption certificate, (x) a nuclear passenger ship safety certificate, (xi) a nuclear cargo ship safety certificate, issued under Part IX or, as the case may be, Part IXA]

(39) "sailing vessel" means any description of vessel provided with sufficient sail area for navigation under sails alone, whether or not fitted with mechanical means of propulsion, and includes a rowing boat or canoe but does not include a pleasure craft; --------------------------------------------------------------------- 1. Subs. by Act 12 of 1983, s. 3 for " 17th day of june, 1960".

2. Subs. by Act 21 of 1966, s. 2, for cl. (38). 3. Ins. by Act 69 of 1976, s. 3 (w.e.f. 1-12-1976). 413

(40) "salvage" includes all expenses properly incurred by the salvor in the performance of salvage services;

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

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

(43) "seamen's employment office" means the seamen's employment office referred to in section 12;

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

(45) "ship" does not include a sailing vessel;

(46) "shipping master" means the shipping master referred to in section 11; but in relation to any seaman for the purposes of sections 178 to 183 (inclusive) means a shipping master appointed,- (i) for the port at which the seaman entered into, or is believed to have entered into, an agreement, or (ii) where the seaman did not enter into his agreement in India, for the port to which the seaman has returned, or is expected to return, on the completion of his latest voyage;

(47) "shipping office" means the shipping office referred to in section 11; 1*[(47A) "special trade" means the conveyance of large number of passengers by sea within prescribed sea areas; (47B) "special trade passenger" means a passenger carried in special trade passenger ship in spaces on the weather deck or upper deck or between decks which accommodate more than eight passengers and includes a pilgrim or a person accompanying a pilgrim; (47C) "special trade passenger ship" means a mechanically propelled ship carrying more than thirty special trade passengers;]

(48) "surveyor" means the surveyor referred to in section 9; 2*[(48A) "tanker" means a cargo ship constructed or adapted for the carriage in bulk of liquid cargoes of an inflammable nature;]

(49) "tidal water" means any part of the sea and any part of a river within the ebb and flow of the tide at ordinary spring tides and not being a harbour;

(50) "tindal" means the person in command or charge of a sailing vessel; 2* * * * * 1. Ins. by Act 69 of 1976, s. 3 (w.e.f. 1-12-1976). --------------------------------------------------------------------- 2. Ins. by Act 21 of 1966, s. 2. 3. Omitted by s.3, ibid. (w.e.f. 1-12-1976) 414

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

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

(55) "vessel" includes any ship, boat, sailing vessel, or other description of vessel used in navigation;

(56) "voyage" for the purposes of Part VIII, means the whole distance between the ship's port or place of departure and her final port or place of arrival;

(57) "wages" includes emoluments;

(58) "wreck" includes the following when found in the sea or in tidal water or on the shores thereof- (a) goods which have been cast into the sea and then sink and remain under water; (b) goods which have been cast or fall into the sea and remain floating on the surface; (c) goods which are sunk in the sea, but are attached to a floating object in order that they may be found again; (d) goods which are thrown away or abandoned; and (e) a vessel abandoned without hope or intention of recovery;

(59) "young person" means a person under eighteen years of age. 415 PART NATIONAL SHIPPING BOARD PART II 1* NATIONAL SHIPPING BOARD

Establishment of National Shipping Board.

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

(2) The Board shall consist of the following members, namely:- (a) six members elected by Parliament, four by the House of the People from among its members and the other two by the Council of States from among its members; (b) such number of other members, not exceeding sixteen as the Central Government may think fit to appoint to the Board, to represent- (i) the Central Government, (ii) shipowners, (iii) seamen, and (iv) such other interests as, in the opinion of the Central Government, ought to be represented on the Board: Provided that the Board shall include an equal number of persons representing the shipowners and seamen.

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

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

Functions of National Shipping Board. 5. Functions of National Shipping Board. The Board shall advise the Central Government- (a) on matters relating to Indian shipping, including the development thereof; and (b) on such other matters arising out of this Act as the Central Government may refer to it for advice.

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

6.Power to make rules in respect of matters in this Part. (1) The Central Government may make rules to carry out the purposes of this Part.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a) the term of office of members of the Board and the manner of filling casual vacancies in the Board; --------------------------------------------------------------------- 1 Part II came into force w.e.f. 15th December, 1958, see footnote 2 at p.407. 416 (b) the appointment of officers and other employees to enable the Board to discharge its functions under section 5 and the terms and conditions of their service; (c) the travelling and other allowances payable to members of the Board. PART GENERAL ADMINISTRATION PART III GENERAL ADMINISTRATION

Director General of Shipping.

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

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

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

Mercantile Marine Department.

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

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

(3) In the discharge of their duties, the principal officer and other officers shall be subject to the control of the Director- General. --------------------------------------------------------------------- 1 S. 7 came into force w.e.f. 1st April, 1960, see footnote 2 at p.

416A

Surveyors.

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

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

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

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

(4) All acts done under this Act by a principal officer of the Mercantile Marine Department or a person appointed under sub-section

(3) relating to matters within the competence of a surveyor shall have the same effect as if done by a surveyor for the purposes of this Act.

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

Shipping offices.

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

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

(3) The Central Government may direct that at any port at which no separate shipping office is established, the whole or any part of --------------------------------------------------------------------- 1. Ins. by Act 21 of 1966, s. 3. (w.e.f. 28.5.1966). 417 the business of the shipping office shall be conducted at the custom house or at the office of the port officer or at such other office as the Central Government may specify, and thereupon the same shall be conducted accordingly.

(4) All acts done by or before a deputy shipping master, an assistant shipping master and the officer to whom any business of the

shipping office is committed under sub-section (3) shall have the same effect as if done by or before a shipping master for the purposes of this Act.

Seamen's employment offices.

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

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

(3) All acts done by or before a deputy or assistant director shall have the same effect as if done by or before a director for the purposes of this Act.

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

Seamen's welfare officers.

13. Seamen's welfare officers. (1) The Central Government may appoint seamen's welfare officers at such ports in or outside India as it may consider necessary.

(2) A seamen's welfare officer appointed under sub-section (1) shall perform- (a) in the case of any such officer appointed at any port in India, such functions in relation to welfare of seamen as may be assigned to him by the Central Government; (b) in the case of any such officer appointed at any port outside India, such functions in relation to welfare of seamen 418 and such functions of an Indian consular officer under Part VII as may be assigned to him by the Central Government.

(3) If any seamen's welfare officer appointed at any port outside India performs any functions assigned to an Indian consular officer under Part VII, such functions shall have the same effect as if they had been performed by an Indian consular officer for the purposes of that Part. 1. Part IV (s.44-19) Omitted by Act 66 of 1986, s. 3 (w.e.f. 3-4-1987). 420 PART REGISTRATION OF INDIAN SHIPS PART V REGISTRATION OF INDIAN SHIPS

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

Indian ships. 21. Indian ships. For the purposes of this Act, a ship shall not be deemed to be an Indian ship unless owned wholly by persons to each of whom 1*[any] of the following descriptions applies:- (a) a citizen of India; or 1*[(b) a company or a body established by or under any Central or State Act which has its principal place of business in India; or (c) a co-operative society which is registered or deemed to be registered under the Co-operative Societies Act, 1912 (2 of 1912), or any other law relating to co-operative societies for the time being in force in any State.] --------------------------------------------------------------------- 1. Subs. by Act 43 of 1981, s. 2, for "either". 2. Subs. by Act 68 of 1993, s. 2, for cl. (b) (w.e.f. 27-10-1993). 421

Obligation to register.

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

(2) No ship required by sub-section (1) to be registered shall be recognised as an Indian ship unless she has been registered under this Act: Provided that any ship registered at the commencement of this Act at any port in India under any enactment repealed by this Act, shall be deemed to have been registered under this Act and shall be recognised as an Indian ship.

(3) A ship required by this Act to be registered may be detained until the master of the ship, if so required, produces a certificate of registry in respect of the ship. 1*[ Explanation.-For the purposes of this section, "ship" does not include a fishing vessel.] Procedure for registration

Ports of registry.

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

(2) The port at which an Indian ship is registered for the time being under this Act shall be deemed to be her port of registry and the port to which she belongs.

Registrars of Indian ships. 24. Registrars of Indian ships. At each of the ports of Bombay, Calcutta and Madras, the principal officer of the Mercantile Marine Department, and at any --------------------------------------------------------------------- 1. Ins. by Act 12 of 1983, s. 4. 422 other port such authority as the Central Government may, by notification in the Official Gazette, appoint, shall be the registrar of Indian ships at that port: 1*[Provided that subject to such order as the Central Government may issue in this behalf, when the office of registrar of Indian ships at any port is vacant or the holder of such office is on leave or is not available, for any reason, at the port to exercise and discharge the powers, duties and functions of the office, the seniormost surveyor at that port may act as, and exercise and discharge the powers, duties and functions of, the registrar of Indian ships at that port.]

Register book. 25. Register book. Every registrar shall keep a book to be called the register book and entries in that book shall be made in accordance with the following provisions:- (a) the property in a ship shall be divided into ten shares; (b) subject to the provisions of this Act with respect to joint owners or owners by transmission, not more than ten individuals shall be entitled to be registered at the same time as owners of any one ship; but this rule shall not affect the beneficial interest of any number of persons represented by or claiming under or through any registered owner or joint owner; (c) a person shall not be entitled to be registered as owner of a fractional part of a share in a ship; but any number of persons not exceeding five may be registered as joint owners of a ship or of any share or shares therein; (d) joint owners shall be considered as constituting one person and shall not be entitled to dispose in severalty of any interest in a ship or any share therein in respect of which they are registered; (e) a company 2*[or a co-operative society] may be registered as owner by its name.

Application for registry. 26. Application for registry. An application for the registry of an Indian ship shall be made- (a) in the case of an individual, by the person requiring to be registered as owner or by his agent; (b) in the case of more than one individual requiring to be so registered, by some one or more of the persons so requiring or by his or their agent; and (c) in the case of a company 3*[or a co-operative society] requiring to be so registered, by its agent; and the authority of the agent shall be testified by writing, if appointed by an individual, under the hand of the person appointing him and, if appointed by a company, 3*[or a co-operative society] under its common seal.

Survey and measurement of ships before registry.

27. Survey and measurement of ships before registry. (1) The owner of every Indian ship in respect of which an application for registry is made shall cause such ship to be surveyed --------------------------------------------------------------------- 1. Ins. by Act 41 of 1984, s. 3 (w.e.f. 15-7-1985). 2. Ins. by Act 43 of 1981, s. 3. 3. Ins. by s. 4, ibid. 423 by a surveyor and the tonnage of the ship ascertained in the prescribed manner.

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

Marking of ship.

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

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

Declaration of ownership on registry. 29. Declaration of ownership on registry. A person shall not be registered as the owner of an Indian ship or of a share therein until he or, in the case of a company, 1*[or a co-operative society] the person authorised by this Act to make declarations on its behalf has made and signed a declaration of ownership in the prescribed form referring to the ship as described in the certificate of the surveyor and containing the following particulars:- (a) a statement whether he is or is not a citizen of India; 2*[or in the case of a company or a co-operative society, whether the company or the co-operative society satisfies the requirements specified in clause (b) or, as the case may be, clause (c) of section 21]; (b) a statement of the time when and the place where the ship was built or if the ship is built outside India and the time and place of building is not known, a statement to that effect; and in addition, in the case of a ship previously registered outside India, a statement of the name by which she was so registered; (c) the name of her master; (d) the number of shares in the ship in respect of which he or the company 1*[or the co-operative society], as the case may be, claims to be registered as owner; and --------------------------------------------------------------------- 1. Ins. by Act 43 of 1981, s. 5 2. Subs. by s. 5, ibid., for "certain words" 424 (e) a declaration that the particulars stated are true to the best of his knowledge and belief. Explanation.--In respect of a ship or share owned by more than one person, a declaration may be made by such one of them as may be authorised by them.

Evidence on first registry. 30. Evidence on first registry. On the first registry of an Indian ship, the following evidence shall be produced in addition to the declaration of ownership:-- (a) in the case of a ship built in India, a builder's certificate, that is to say, a certificate signed by the builder of the ship and containing a true account of the proper denomination and the tonnage of the ship as estimated by him and the time when and the place where she was built, and the name of the person, if any, on whose account the ship was built; and if there has been any sale, the instrument of sale under which the ship or the share therein has become vested in the applicant for registry; (b) in the case of a ship built outside India, the same evidence as in the case of a ship built in India unless the declarant who makes the declaration of ownership declares that the time and place of her building are not known to him, or that the builder's certificate cannot be procured, in which case there shall be required only the instrument of sale under which the ship or a share therein has become vested in the applicant for registry.

Entry of particulars in register book. 31. Entry of particulars in register book. As soon as the requirements of this Act preliminary to registry have been complied with, the registrar shall enter in the register book the following particulars in respect of the ship:-- (a) the name of the ship and the name of the port to which she belongs; (b) the details contained in the surveyor's certificate; (c) the particulars respecting her origin stated in the declaration of ownership; and (d) the name and description of her registered owner or owners, and, if there are more owners than one, the number of shares owned by each of them. 425

Documents to be retained by registrar. 32. Document to be retained by registrar. On the registry of a ship, the registrar shall retain in his custody the following documents:-- (a) the surveyor's certificate; (b) the builder's certificate; (c) any instrument of sale by which the ship was previously sold; (d) all declarations of ownership.

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

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

(2) If within such time as may be fixed by the Central Government

under sub-section (1) evidence to the satisfaction of the registrar that the ship is entitled to be registered as an Indian ship is not given, the ship shall be liable to forfeiture. Certificate of registry

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

Custody and use of certificate.

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

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

(3) Any person refusing or omitting to deliver the certificate as

required by sub-section (2), may, by order, be summoned by 1*["any Judicial Magistrate of the first class or any Metropolitan Magistrate, as the case may be,] to appear before him and to be examined --------------------------------------------------------------------- 1. Subs. by Act 12 of 1983, s. 17 and sch. 426 touching such refusal; and if the person is proved to have absconded so that the order of such magistrate cannot be served on him, or if he persists in not delivering up the certificate, 1*[the said Magistrate] shall certify the fact, and the same proceedings may then be taken as in the case of a certificate mislaid, lost or destroyed, or as near thereto as circumstances permit.

(4) If the master or owner of an Indian ship uses or attempts to use for her navigation a certificate of registry not legally granted in respect of the ship, he shall be guilty of an offence under this sub-section and the ship shall be liable to forfeiture.

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

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

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

(3) If the port at which the ship is at the time of the event

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

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

(5) If the certificate of registry stated to have been mislaid, lost or destroyed shall at any time afterwards be found, or if the person entitled to the certificate of registry obtains it at any time afterwards, the said certificate shall forthwith be delivered to the registrar of her port of registry to be cancelled. --------------------------------------------------------------------- 1. Subs. by Act 12 of 1983, s. 17 and Sch. 427

Endorsement on certificate of change of master. 37. Endorsement on certificate of change of master. Where the master of an Indian ship is changed, each of the following persons, that is to say,-- (a) if the change is made in consequence of the removal of the master by a Marine Board or by a court under this Act, the presiding officer of the Marine Board or of the court, as the case may be; (b) if the change occurs from any other cause,-- (i) in India, the registrar or any other officer authorised by the Central Government in this behalf at the port where the change occurs; and (ii) outside India, the Indian consular officer at the port where the change occurs; shall endorse and sign on the certificate of registry a memorandum of the change; and any customs collector at any port in India may refuse to permit any person to do any act there as master of an Indian ship unless his name is inserted in or endorsed on her certificate of registry as her last appointed master.

Endorsement on certificate of change of ownership.

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

(2) The master shall, for the purposes of such endorsement by the registrar of the ship's port of registry, deliver the certificate of registry to the registrar, forthwith after the change if the change occurs when the ship is at her port of registry, and if it occurs during her absence from that port and the endorsement under this section is not made before her return, then, upon her first return to that port.

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

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

Indian ship. (1) In the event of a registered ship being either actually or constructively lost, taken by the enemy, burnt or broken up or ceasing for any reason to be an Indian ship, every owner of the ship or 428 any share in the ship shall immediately on obtaining knowledge of the event, if no notice thereof has already been given to the registrar, give notice thereof to the registrar at her port of registry and that registrar shall make an entry thereof in the register book and its registry in that book shall be considered as closed except so far as relates to any unsatisfied mortgages entered therein.

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

Provisional certificate for ships becoming Indian ships abroad. 40. Provisional certificate for ships becoming Indian ships

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

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

Temporary pass in lieu of certificate of registry. 41. Temporary pass in lieu of certificate of registry. Where it appears to the Central Government that by reason of special circumstances it is desirable that permission should be granted to any Indian ship to pass without being previously registered from one port to any other port in India, the Central Government may authorise the registrar of the first-mentioned port to grant a pass in such form as may be prescribed, and that pass shall for the time and within the limits therein mentioned have the same effect as a certificate of registry. 429 Transfers of ships, shares, etc.

Transfer of ships or shares.

42. Transfer of ships or shares. (1) No person shall transfer or acquire any Indian ship or any share or interest therein 1*["at any time during which the security of India or of any part of the territory thereof is threatened by war or external aggression and

during which a Proclamation of Emergency issued under clause (1) of article 352 of the Constitution is in operation] without the previous approval of the Central Government and any transaction effected in contravention of this provision shall be void and unenforceable.

(2) The Central Government may, if it considers it necessary or expedient so to do for the purpose of conserving the tonnage of Indian shipping, refuse to give its approval to any such transfer or acquisition. 1*[ (2A) No transfer or acquisition of any Indian ship shall be valid unless-- (a) all wages and other amounts due to seamen in connection with their employment on that ship have been paid in accordance with the provisions of this Act; (b) the owner of the ship has given notice of such transfer or acquisition of the ship to the Director General.]

(3) Subject to the other provisions contained in this section, an Indian ship or a share therein shall be transferred only by an instrument in writing.

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

Registry of transfer.

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

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

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

etc. (1) Where the property in an Indian ship or share therein is transmitted to a person on the death or insolvency of any registered owner, or by any lawful means other than by a transfer under this Act,-- (a) that person shall authenticate the transmission by making and signing a declaration in the prescribed form (in this Act referred to as a declaration of transmission) identifying the ship and also a statement of the manner in which and the person to whom the property has been transmitted; --------------------------------------------------------------------- 1. Ins. by Act 68 of 1993, s. 3 (w.e.f. 27-10-1993). 430 (b) if the transmission is consequent on insolvency, the declaration of transmission shall be accompanied by proper proof of such claim; (c) if the transmission is consequent on death, the declaration of transmission shall be accompanied by a succession certificate, probate or letters of administration under the Indian Succession Act, 1925 (39 of 1925.), or a duly certified copy thereof.

(2) The registrar, on receipt of the declaration of transmission so accompanied, shall enter in the register book the name of the person entitled under the transmission as owner of the ship or share the property in which has been transmitted, and, where there are more persons than one, shall enter the names of all those persons, but those persons however numerous shall, for the purpose of the provisions of this Act with respect to the number of persons claiming to be registered as owners, be considered as one person: Provided that nothing in this sub-section shall require the registrar to make an entry in the register book under this section, if he is of opinion that by reason of the transmission the ship has ceased to be an Indian ship.

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

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

(2) On receipt of such report, the Central Government may make an application to the High Court for a direction for the sale to any citizen of India 3*[or any 2*[company or body or co-operative society] which satisfies the requirements specified in clause (b) or, as the case may be, clause (c) of section 21] of the property so transmitted.

(3) The High Court may require any evidence in support of the application it thinks requisite and may make such order thereon and on such terms and conditions as it thinks just or may reject the application 3*[in case] it finds that the ship has not ceased to be an Indian ship; and in case the ship or the share is ordered to be sold, it shall direct that the proceeds of the sale after deducting the expenses thereof, be paid to the person entitled under such transmission or otherwise. --------------------------------------------------------------------- 1. Subs. by Act 43 of 1981, s. 6, for "certain words" 2. Subs. by Act 68 of 1993, s. 4 (w.e.f. 27-10-1993). 3. Subs. by Act 58 of 1960, s. 3 and Sch. II, for "in any case". 431

(4) Every application for sale shall be made within such time as may be prescribed: Provided that an application may be admitted by the High Court after the time prescribed, if the Central Government satisfies the High Court that it had sufficient cause for not making the application within such time.

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

Mortgage of ship or share.

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

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

Entry of discharge of mortgage. 48. Entry of discharge of mortgage. Where a registered mortgage is discharged, the registrar shall, on the production of the mortgage deed with a receipt for the mortgage money endorsed thereon, duly signed and attested, make an entry in the register book to the effect that the mortgage has been discharged, and on that entry being made the estate, if any, which passed to the mortgagee shall vest in the person in whom (having regard to intervening acts and circumstances, if any) it would have vested, if the mortgage had not been made.

Priority of mortgages. 49. Priority of mortgages. If there are more mortgages than one recorded in respect of the same ship or share, the mortgagees shall, notwithstanding any 432 express, implied or constructive notice, have priority according to the date on which each mortgage is recorded in the register book and not according to the date of each mortgage itself.

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

Rights of mortgagee.

1*[51. Rights of mortgagee. (1) Where there is only one registered mortgagee of a ship or share, he shall be entitled to recover the amount due under the mortgage by selling the mortgaged ship or share without approaching the High Court: Provided that nothing contained in this sub-section shall prevent the mortgagee from recovering the amount so due in the High Court as

provided in sub-section (2).

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

(3) Every registered mortgagee of a ship or share who intends to recover the amount due under the mortgage by selling the mortgaged

ship or share under sub-section (1) shall give an advance notice of fifteen days relating to such sale to the registrar of the ship's port of registry.

(4) The notice under sub-section (3) shall be accompanied with the proof of payment of the wages and other amounts referred to in clause (a) of sub-section (2A) of section 42.]

Mortgage not affected by insolvency. 52. Mortgage not affected by insolvency. A registered mortgage of a ship or share shall not be affected by any act of insolvency committed by the mortgagor after the date of the record of such mortgage, notwithstanding that the mortgagor, at the commencement of his insolvency, had the ship or share in his possession, order or disposition, or was the reputed owner thereof, and the mortgage shall be preferred to any right, claim or interest therein of the other creditors of the insolvent or any trustee or assignee on their behalf.

Transfer of mortgages.

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

(2) The person to whom any such mortgage has been transferred shall enjoy the same right of preference as was enjoyed by the transferor.

Transmission of interest in mortgage in certain circumstances. 54. Transmission of interest in mortgage in certain

circumstances. (1) Where the interest of a mortgagee in a ship or share is transmitted on death, or insolvency, or by any lawful means other --------------------------------------------------------------------- 1 Subs. by Act 68 of 1993, s. 5 for s. 51 (w.e.f. 27-10-1993). 433 than by a transfer under this Act, the transmission shall be authenticated by a declaration of the person to whom the interest is transmitted containing a statement of the manner in which and the person to whom the property has been transmitted, and shall be accompanied by the like evidence as is by this Act required in case of a corresponding transmission of the ownership of a ship or share.

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

Rules as to name of ship.

55. Rules as to name of ship. (1) An Indian ship shall not be described by any name other than that by which she is for the time being registered.

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

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

(4) If any person acts or suffers any person under his control to act in contravention of this section or omits to do or suffers any person under his control to omit to do anything required under this 1*[section], the ship may be detained until the provisions of this section are complied with: Provided that nothing in this sub-section shall apply to a foreign ship which has become, and is sought to be registered as, an Indian ship. Registry of alterations, registry anew and transfer of registry

Registry of alterations. 56. Registry of alterations. When a registered ship is so altered as not to correspond with the particulars relating to her tonnage or description contained in the register book, then, if the alteration is made at any port having a registrar, that registrar, or if it is made elsewhere, the registrar of the first port having a registrar at which the ship arrives after the alteration, shall, on application being made to him stating the particulars of the alteration, either cause the alteration to be registered or direct that the ship be registered anew. --------------------------------------------------------------------- 1. Subs. by Act 58 of 1960, s. 3 and Sch. II, for "sub-section". 434

Regulations for registry of alterations.

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

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

Provisional certificate and endorsement where ship is to be registeredanew. 58. Provisional certificate and endorsement where ship is to be

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

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

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

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

Procedure for registry anew.

60. Procedure for registry anew. (1) Where a ship is to be registered anew, the registrar shall proceed as in the case of first registry, and on the delivery to him 435 of the existing certificate of registry and on the other requisites to registry, or in the case of a change of ownership such of them as he thinks material, being duly complied with, shall make such registry anew, and grant a certificate thereof.

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

Transfer of registry.

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

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

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

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

Restrictions on re-registry of abandoned ships. 62. Restrictions on re-registry of abandoned ships. Where a ship has ceased to be registered as an Indian ship by reason of having been wrecked or abandoned, or for any reason other than capture by the enemy, the ship shall not be re-registered until she has at the expense of the applicant for the registry been surveyed by a surveyor and certified by him to be seaworthy. 436 National character and flag

National colours for Indian ships.

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

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

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

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

Indian ships to hoist proper national colours in certain cases. 66. Indian ships to hoist proper national colours in certain cases. An Indian ship shall hoist the proper national colours-- (a) on a signal being made to her by any vessel of the Indian Navy; (b) on entering or leaving any foreign port; (c) if of fifty tons gross tonnage or more, on entering or leaving any Indian port.

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

(1) A customs collector shall not grant a clearance for any ship until the master of such ship has declared to that officer the name of the country to which he claims that she belongs, and that officer shall thereupon inscribe that name on the clearance. 437

(2) If a ship attempts to proceed to sea without such clearance, she may be detained by any customs collector until the declaration is made. Miscellaneous

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

Proceedings on forfeiture of ship. 69. Proceedings on forfeiture of ship. Where any ship has either wholly or as to any share therein become subject to forfeiture under this Part, any commissioned officer of the Indian Navy, any customs collector or any Indian consular officer or any other officer authorised by the Central Government, may seize and detain the ship, and bring her for adjudication before the High Court, and the High Court may thereupon adjudge the ship with her equipment to be forfeited to the Government, and make such order in the case as to the High Court seems just and may award to the officer bringing in the ship for adjudication such portion of the proceeds of the sale of the ship or any share therein as the High Court thinks fit.

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

Liability of owners. 71. Liability of owners. Where any person is beneficially interested otherwise than by way of mortgage in any ship or share in a ship registered in the name of some other person as owner, the person so interested shall, as well as the registered owner, be subject to all the pecuniary penalties imposed by this or any other Act on the owners of ships or shares therein, so nevertheless that proceedings for the 438 enforcement of any such penalties may be taken against both or either of the said parties with or without joining the other of them.

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

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

(2) The following documents shall be admissible in evidence in any court in manner provided by this Act, namely:=- (a) any register book on its production from the custody of the registrar or other person having the lawful custody thereof; (b) a certificate of registry under this Act purporting to be signed by the registrar or any other officer authorised in this behalf by the Central Government; (c) an endorsement on a certificate of registry purporting to be signed by the registrar or any other officer authorised in this behalf by the Central Government; (d) every declaration made in pursuance of this Part in respect of an Indian ship.

(3) A certified copy of an entry in a register book shall be admissible in evidence in any court and have the same effect to all intents as the original entry in the register book of which it is a copy.

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

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

74. Power to make rules in respect of matters in this Part. (1) The Central Government may make rules to carry out the purposes of this Part. 439

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-- (a) the manner in which the tonnage of any ship shall be ascertained, whether for the purpose of registration or otherwise, including the mode of measurement; (b) the recognition for the purpose of ascertaining the tonnage of any ship or for any other purpose, of any tonnage certificate granted in respect of any ship in any country outside India, the tonnage regulations of which are sub-stantially the same as the tonnage rules made by the Central Government, including the conditions and restrictions subject to which such recognition may be granted; (c) the manner in which surveys of ships shall be conducted and the form of certificates of surveying officers; (d) the manner in which ships shall be marked; (e) the form in which any document required by this Part shall be prepared and the particulars which it should contain; (f) the persons by whom and the authorities before which any declaration required by this Part shall be made and the circumstances in which any such declaration may be waived and other evidence accepted; (g) the form of the instrument creating a mortgage on a ship or share or transferring a mortgage; (h) the returns that shall be made by registrars to the Director-General or to such other authority as the Central Government may appoint and the form in which and the intervals within which such returns shall be made; (i) the procedure for the registration, marking or alteration of the names of Indian ships; 1*[(j) the fees that may be levied for the survey or inspection of any ship for the purposes of registration and the manner in which such fees may be collected;] (k) the manner in which registrars and other authorities may exercise their powers under this Part or maintain their books and other registers; (l) the manner in which ships belonging to the Government, to which the provisions of this Act may be made applicable under section 73, may be registered; (m) any other matter which may be or is to be prescribed. --------------------------------------------------------------------- 1. Subs. by Act 12 of 1983, s. 5for cl. (j). 440 PART CERTIFICATES OF OFFICERS CERTIFICATES OF OFFICERS 1*[Masters, mates, engineers, skippers, etc.]

Application of Part. 2*[75. Application of Part. This Part applies to- (a) every sea-going Indian ship fitted with mechanical means of propulsion wherever it is; and (b) every foreign ship while it is at a port or place in India. 75A. Definitions. 75A. Definitions. In this Part, unless the context otherwise requires,-- (a) "contiguous zone" means the contiguous zone of India described, or notified as such for the time being under section 5 of the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976; (b) "Convention" means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, signed at London on the 7th day of July, 1978, as amended from time to time;

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

(1) Every Indian ship other than a home-trade ship of less than two hundred tons gross engaged in coasting trade of India, when going to sea from any port or place, shall be provided with officers duly certificated under this Act according to the following scale, namely:- (a) in every case, with a duly certificated master; (b) if the ship is a foreign-going ship, with an officer holding a certificate not lower than that of-- (i) first mate; (ii) second mate; and (iii) navigational watchkeeping officer; (c) in the case of a home-trade ship, with an officer holding a certificate not lower than that of-- (i) a mate; and (ii) a navigational watchkeeping officer.

(2) Every home-trade ship of less than two hundred tons gross and engaged in the coasting trade of India, when going to sea, shall be provided with officers duly certificated under this Act according to the following scale, namely:-- (a) with a duly certificated master; and (b) with an officer holding a certificate not lower than that of a navigational watchkeeping officer.

(3) Every Indian ship when going to sea from any port or place shall be provided with engineers or engine drivers duly certificated under this Act according to the following scale, namely:-- (a) if the ship has a propulsion power of 3000 KW or more, with at least one marine engineer officer class I designated as chief engineer, one marine engineer officer class II designated as second engineer and one marine engineer officer class IV; (b) if the ship has a propulsion power of 750 KW or more but less than 3000 KW, with at least one marine engineer officer class II having service endorsement on his certificate of competency in such form and manner as may be prescribed, and designated as chief engineer, one marine engineer officer class III designated as second engineer and one marine engineer officer class IV; (c) if the ship has a propulsion power of 350 KW or more but less than 750 KW, with at least one marine engineer officer class III designated as chief engineer and one marine engineer officer class IV or engine driver of a sea-going ship designated as second engineer; (d) if the ship has a propulsion power of less than 350 KW, with at least one engine driver of sea-going ship designated as engineer-in-charge.

(4) Every Indian fishing vessel when going to sea from any port or place in India, shall be provided-- (a) if the vessel is of twenty-four meters or more in length and is operating beyond the contiguous zone, with a certificated skipper grade I and a certificated mate of a fishing vessel; (b) if the vessel is of twenty-four meters or more in length and is operating within the contiguous zone, with a certificated skipper grade II and a certificated mate of a fishing vessel; (c) if the vessel is of less than twenty-four meters in length and is operating beyond the contiguous zone, with a certificated skipper grade II and a certificated mate of a fishing vessel; (d) if the vessel is less than twenty-four meters in length and is operating within the contiguous zone, with a certificated skipper grade II; (e) if the vessel has a propulsion power of 750 KW or more, with at least one engineer of a fishing vessel, who shall be designated as chief engineer and one engine driver of a fishing vessel; (f) if the vessel has a propulsion power of 350 KW or more but less than 750 KW, with at least one engineer of a fishing vessel who shall be designated as chief engineer; (g) if the vessel has a propulsion power of less than 350 KW, with at least one engine driver of a fishing vessel who shall be designated as engineer-in-charge.

(5) Every ship, whether at sea or in any port or place, shall engage such number of persons and with such qualifications as may be prescribed for maintaining watches. Explanation.--For the purposes of clauses (e) and (f) of sub-

section (4), any person holding a certificate of competency as a marine engineer officer class I or class II shall be deemed to be a duly certificated engineer of a fishing vessel, and for the purposes of clause (g) of that sub-section, a person holding a certificate of competency as engine driver of a sea-going ship shall be deemed to be a duly certificated engine driver of a fishing vessel."] --------------------------------------------------------------------- 1. Subs. by Act 13 of 1987, s. 2 for "Masters, mates and engineesrs" (w.e.f. 1.7.1989). 2. Subs. by s. 3, ibid. for ss. 75 and 76 (w.e.f. 1.7.1989). 441

When officers deemed duly certificated. 77. When officers deemed duly certificated. Subject to the provisions contained in section 86, an officer shall not be deemed to be duly certificated under this Act unless he holds a certificate of a grade appropriate to his station in the ship or of a higher grade granted in accordance with this Act. 442

Grades of certificates of competency.

1*[ 78. Grades of certificates of competency. (1) Certificates of competency shall be granted in accordance with the provisions of this Act for each of the following grades, namely:-- extra Master; master of a foreign-going ship; first mate of a foreign-going ship; second mate of a foreign-going ship; master of a home-trade ship; mate of a home-trade ship; navigational watchkeeping officer; extra first class engineer; marine engineer officer class I; marine engineer officer class II; marine engineer officer class III; marine engineer officer class IV; engine driver of a sea-going ship; skipper grade I of a fishing vessel; skipper grade II of a fishing vessel; mate of a fishing vessel; engineer of a fishing vessel; engine driver of a fishing vessel; dredger master grade I; dredger master grade II; dredger mate grade I; dredger mate grade II; dredger engineer grade I; dredger engineer grade II; dredger driver grade I; dredger driver grade II;

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

(3) Certificates issued to masters, mates and engineers who have to work on board ships carrying dangerous goods shall require endorsement as to the additional qualifications that may be prescribed.

(4) If it appears to the Central Government that certificates of

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

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

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

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

Examinations for, and grant of, certificates.

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

(2) The Central Government or such authorised person shall grant to every applicant, who is duly reported by the examiners to have --------------------------------------------------------------------- 1. Subs. by Act 13 of 1987, s. 4 (w.e.f. 1.7.1989). 443 passed the examination satisfactorily and to have given satisfactory evidence of his sobriety, experience and ability and general good conduct on board ship, such a certificate of competency as the case requires: Provided that the Central Government may, in any case in which it has reason to believe that the report has been unduly made, require, before granting a certificate, a re-examination of the applicant or a further inquiry into his testimonials and character.

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

Form of certificates. 81. Form of certificates. Every certificate of competency granted under this Act shall be in the prescribed form and shall be made in duplicate, and one copy shall be delivered to the person entitled to the certificate, and the other shall be kept and recorded in the prescribed manner. --------------------------------------------------------------------- 1. Ins. by Act 13 of 1987, s. 5 (w.e.f. 1.7.1989). 2. S. 80 omitted by Act 33 of 1986, s. 2. 444

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

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

Production of certificates of competency to shipping master. 84. Production of certificates of competency to shipping master.

(1) The master of a foreign-going ship or the master of a home-trade ship of two hundred tons gross or more-- (a) on signing the agreement with his crew, shall produce to the shipping master before whom the same is signed, the certificates of competency which the 1*[mates and engineers] of the ship are by this Act required to hold; 2*xxx (b) in the case of a running agreement shall, also, before the second and every subsequent voyage, produce to the shipping master the certificate of competency of any mate or engineer then first engaged by him who is required by this Act to hold a certificate. 3*[(c) who is not required to sign the agreement with the crew, shall submit before commencing the first voyage from any port to the Mercantile Marine Department having jurisdiction over such port, a list of crew with the particulars of grades of certificates of master, mates and engineers and shall also report to that Department of any later change in the list of the crew before any subsequent voyage.]

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

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

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

Power to cancel or suspend certificates obtained on false or erroneousinformation. 85. Power to cancel or suspend certificates obtained on false or erroneous information. If it appears to the Central Government that the holder of a certificate granted under this Act has obtained it on false --------------------------------------------------------------------- 1. Subs. by Act 13 of 1987, s. 6 for certain words (w.e.f. 1.7.89). 2. The words and Omitted by s.6, ibid. (w.e.f. 1-7-1989). 3. Ins.by s. 6 ibid. (w.e.f. 1-7-1989). 445 or erroneous information, it may cancel or suspend such certificate: Provided that no order under this section shall be passed by the Central Government unless the person concerned has been given an opportunity of making a representation against the order proposed.

Recognition of certificates of competency 1*** granted in othercountries. 86. Recognition of certificates of competency 1*** granted in

other countries. (1) If provision is made by the laws in force in any country other than India for the grant of certificates of competency 1*** similar to those referred to in this Act, and the Central Government is satisfied-- (a) that the conditions under which any such certificates are granted in that country require standards of competency 1*xxx not lower than those required for the grant under this Act of corresponding certificates; and (b) that certificates granted under this Act are accepted in that country in lieu of the corresponding certificates granted under the laws of that country; the Central Government may, by notification in the Official Gazette, declare that any certificate of competency 1*** granted under the laws in force in that country and specified in that notification, shall for the purposes of this Act be recognised as equivalent to the corresponding certificate of competency 1*** granted under this Act and specified in the notification.

(2) Whenever the provisions of this Act require that a person employed in any capacity on board any ship shall be the holder of a specified certificate of competency 1*xxx granted under this Act, any person employed in that capacity shall, if he is the holder of a

certificate recognised under sub-section (1) as equivalent to the first-mentioned certificate or to a certificate of higher grade granted under this Act, and still in force, be deemed to be duly certificated under this Act. 86A. Foreign ships not to sail without certificated officers. 2*[86A. Foreign ships not to sail without certificated officers.

(1) Every master of a foreign ship shall, before proceeding to sea from any port or place in India, ensure that the ship has the requisite number of officers and engineers of appropriate grades as specified by the Convention.

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

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

Power to make rules.

3*[87. Power to make rules. (1) The Central Government may make rules to carry out the provisions of this Part.

(2) In particular and without prejudice to the generality of the foregoing power such rules may provide for all or any of the following matters, namely:-- (a) the form and manner in which a service endorsement shall be made on the certificate of competency of a marine engineer officer class II; (b) the number of persons and the qualifications they may possess for maintaining watches by a ship at sea or in any port or place; (c) the conduct of the examination of persons desirous of obtaining certificates of competency and endorsements thereon for the grades falling under section 78; (d) the qualifications to be required of persons desirous of obtaining certificates of competency for the grades falling under section 78; (e) the fees to be paid by applicants for examination; (f) the period for which certificate granted under sub-

section (2) of section 79 shall be valid; (g) the form of such certificates and the manner in which copies of certificates are to be kept and recorded; (h) the circumstances or cases in which certificates of competency may be cancelled or suspended."] --------------------------------------------------------------------- 1. The words "or service" omitted by Act 33 of 1986, s. 3. 2. Ins. by Act 13 of 1987, s. 7 (w.e.f. 1.7.1989). 3. Subs. by s. 8, ibid. (w.e.f. 1.7.1989). 446 PART SEAMEN AND APPRENTICES PART VII SEAMEN AND APPRENTICES Classification of seamen and prescription of minimum manning scale

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

Duties of shipping masters. 89. Duties of shipping masters. It shall be the duty of shipping masters-- (a) to superintend and facilitate the engagement and discharge of seamen in the manner provided in this Act; (b) to provide means for securing the presence on board at the proper times of the seamen who are so engaged; (c) to facilitate the making of apprenticeship to the sea service; (d) to hear and decide disputes under section 132 between a master, owner or agent of a ship and any of the crew of the ship; (e) to perform such other duties relating to seamen, apprentices and merchant ships as are for the time being committed to them by or under this Act.

Fees to be paid.

90. Fees to be paid. (1) The Central Government may, by notification in the Official Gazette, fix the fees which shall be payable upon all engagements and discharges effected before a shipping master. --------------------------------------------------------------------- 447

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

(3) Every owner or master of a ship engaging or discharging any seaman in a shipping office or before a shipping master, shall pay to the shipping master the whole of the fees hereby made payable in respect of such engagement or discharge, and may, for the purpose of reimbursing himself in part, deduct in respect of each such engagement or discharge from the wages of all persons (except apprentices) so engaged or discharged, and retain any sums not exceeding such sums as the Central Government may, by notification in the Official Gazette, fix in this behalf: Provided that, if in any case the sums which may be so deducted exceed the amount of the fee payable by him, such excess shall be paid by him to the shipping master in addition to such fee.

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

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

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

(1) The apprenticeship of any boy to the sea service shall be by contract in writing between the apprentice or on his behalf by his guardian, if the boy is a minor, and the master or owner of the ship requiring the apprentice.

(2) Every such contract shall be executed in duplicate in the prescribed form and in accordance with the rules made by the Central Government in this behalf. 448

(3) Every such contract shall be executed in the presence of, and shall be attested by, the shipping master of the port, who shall, before the execution of the contract, satisfy himself-- (a) that the intended apprentice-- (i) understands the contents and provisions of the contract; (ii) freely consents to be bound; (iii) has attained the age of fifteen years; and (iv) is in possession of a certificate to the effect that he is physically fit for sea service; (b) if the intended apprentice is a minor, that his guardian's consent has been obtained to his being bound as an apprentice.

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

Manner in which contract is to be recorded. 93. Manner in which contract is to be recorded. For the purpose of the record-- (a) the master or owner of the ship to whom an apprentice to the sea service is bound shall transmit the contract executed in duplicate within seven days of the execution thereof, to the shipping master, who shall record one copy and endorse on the other the fact that it has been recorded and redeliver it to the master or owner; (b) the master or owner shall notify any assignment or cancellation of the contract and the death or desertion of the apprentice to the shipping master, within seven days of the occurrence, if it occurs within India, or, as soon as circumstances permit, if it occurs elsewhere.

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

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

(2) The name of the apprentice, with the date of the contract and of the assignments thereof, if any, and the names of the ports at which the same have been registered, shall be entered on the agreement with the crew. 449

Business of seamen's employment offices.

95. Business of seamen's employment offices. (1) It shall be the business of the seamen's employment offices-- (a) to regulate and control-- (i) the supply of such categories of seamen and for such class of ships as may be prescribed; (ii) the recruitment of persons for employment as seamen and the retirement of seamen from such employment; (iii) the promotion of seamen or changes of their categories; (b) to maintain registers of seamen in respect of the categories prescribed under sub-clause (i) of clause (a); (c) to perform such other duties relating to seamen and merchant ships as are, from time to time, committed to them by or under this Act.

(2) Where there is in existence at any port a seamen's employment office, then, notwithstanding anything to the contrary contained in any other provision of this Act, no person shall receive or accept to be entered on board any ship of the class prescribed under sub-section

(1) any seaman of the categories prescribed under that sub-section, unless such seaman has been supplied by such seamen's employment office.

(3) The Central Government may make rules for the purpose of enabling seamen's employment offices effectively to exercise their powers under this Act; and in particular and, without prejudice to the generality of such power, such rules may provide for-- (a) consultation with respect to any specified matter by seamen's employment offices with such advisory boards or other authorities as the Central Government may think fit to constitute or specify in this behalf; (b) the levy and collection of such fees as may be specified for any seamen's employment office for registering the name of any seaman in any register maintained by it; (c) the issue of directions by the Central Government to any seamen's employment office with reference to the exercise of any of its powers; (d) the supersession of any seamen's employment office which fails to comply with any such direction. 450

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

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

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

(3) A person shall not receive or accept to be entered on board any ship any seaman, if that person knows that the seaman has been engaged or supplied in contravention of this section or section 95.

Receipt of remuneration from seamen for shipping them prohibited. 97. Receipt of remuneration from seamen for shipping them prohibited. A person shall not demand or receive, either directly or indirectly, from any seaman, or from any person seeking employment as a seaman, or from any person on his behalf, any remuneration whatever for providing him with employment, other than the fees authorised by this Act. Engagement of seamen

Qualifications for, and medical examination of, seamen.

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

(2) Except as otherwise provided under the rules made under sub-

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

(3) The Central Government may make rules for the purpose of giving effect to the provisions of this section; and, in particular, and, without prejudice to the generality of such power, any rules so made may provide for-- 451 (a) the courses of training to be pursued, the vocational standards to be attained or the tests to be passed by seamen generally or by any class of seamen in particular; (b) the standard of physical fitness required of seamen, different standards being laid down, if necessary, for different classes of seamen having regard to the age of the seamen to be examined or the nature of the duties to be performed by them; (c) the nature of the medical examination of seamen, the authorities by which the examination shall be conducted, and the fees payable therefor; (d) the form and contents of medical certificates and the period of their validity; (e) the re-examination by such medical authority as may be specified of persons who have been refused medical certificates of physical fitness in the first instance and the fees payable for such re-examination; (f) the circumstances in which, or the conditions subject to which, any seaman or class of seamen, or any ship or class of ships, may be exempted from the operation of

sub-section (2).

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

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

Form and contents of the agreement.

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

(2) The agreement with the crew shall contain as terms thereof the following particulars, namely :-- (a) the name of the ship or ships on board which the seaman undertakes to serve; --------------------------------------------------------------------- 1. Subs. by Act 41 of 1984, s. 4 for" signed by the master" (w.e.f. 15.7.1985). 452 (b) either the nature and, as far as practicable, the duration of the intended voyage or engagement or the maximum period of the voyage or engagement, and the places or parts of the world, if any, to which the voyage or engagement is not to extend; (c) the number and description of the crew of different categories in each department ; (d) the time at which each seaman is to be on board or to begin work ; (e) the capacity in which each seaman is to serve ; (f) the amount of wages which each seaman is to receive ; (g) a scale of the provisions which are to be furnished to each seaman, such scale being not less than the scale fixed by the Central Government and published in the Official Gazette ; (h) a scale of warm clothing and a scale of additional provisions to be issued to each seaman during periods of employment in specified cold regions; (i) any regulations as to conduct on board and as to fines or other lawful punishments for misconduct, which have been sanctioned by the Central Government as regulations proper to be adopted, and which the parties agree to adopt ; (j) payment of compensation for personal injury or death caused by accident arising out of and in the course of employment ; (k) where it is agreed that the services of any seaman shall end at any port not in India, a stipulation to provide him either fit employment on board some other ship bound to the port at which he was shipped or to such other port in India as may be agreed upon, or a passage to some port in India free of charge or on such other terms as may be agreed upon ; (l) stipulations relating to such other matters as may be prescribed.

(3) The agreement shall provide that in the event of a dispute arising outside India between the master, owner or agent of a ship and a seaman in respect of any matter touching the agreement, such dispute shall be referred to the Indian consular officer whose decision 453 thereon shall be binding on the parties until the return of the ship to the port in India at which the seaman is to be discharged: Provided that in the case of a ship other than an Indian ship, no such dispute shall be referred to the Indian consular officer if such reference is contrary to the rules of international law.

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

Engagement of seaman where agreement is made out of India. 1*[102. Engagement of seaman where agreement is made out of India. Notwithstanding anything contained in any other provision of this Act, the master of a ship registered at a port outside India who has an agreement with the crew made in due form according to the law of that port or of the port in which her crew were engaged, may engage in any port in India-- (a) a seaman who is not a citizen of India and who holds a continuous discharge certificate or any other similar document of identity issued by the competent authority of the country in which the ship is registered or, as the case may be, of the country in which the said agreement was made; or (b) a seaman who is a citizen of India and who holds a certificate of discharge or a continuous certificate of discharge issued under this Act, and any seaman so engaged under clause (a) or clause (b) may sign the agreement aforesaid and it shall not be necessary for him to sign an agreement under this Act.]

Special provisions with regard to agreements with crew of Indianships. 103. Special provisions with regard to agreements with crew of

Indian ships. (1) The following provisions shall have effect with respect to every agreement made in India with the crew of an Indian ship, namely:-- (a) the agreement shall, subject to the provision of this Act as to substitutes, be signed by each seaman in the presence of a shipping master ; (b) the shipping master shall cause the agreement to be read over and explained to each seaman, in a language understood by him or shall otherwise ascertain that each seaman understands the same before he signs it, and shall attest each signature ; (c) when the crew is first engaged, the agreement shall be signed in duplicate, and one part shall be retained by the shipping master, and the other part shall be delivered to the master and shall contain a special place or form for the descriptions and signatures of substitutes or persons engaged subsequently to the first departure of the ship; (d) when a substitute is engaged in the place of a seaman who has duly signed the agreement and whose services are within twenty-four hours of the ship's putting to sea lost by death, desertion or other unforeseen cause, the --------------------------------------------------------------------- 1. Subs. by Act 41 of 1984, s. 5 for s.102 (w.e.f. 15.7.1985). 454 engagement shall, if practicable, be made before a shipping master, and if not practicable, the master shall, before the ship puts to sea, if practicable, and, if not, as soon afterwards as possible, cause the agreement to be read over and explained to the substitute; and the substitute shall thereupon sign the same in the presence of a witness, who shall attest the signature.

(2) In the case of an agreement made in India with the crew of a foreign-going Indian ship, the following provisions shall have effect

in addition to the provisions specified in sub-section (1), namely:-- (a) the agreement may be made for a voyage of the ship or if the voyages of the ship average less than six months in duration, may be made to extend over two or more voyages, and agreements so made are in this Act referred to as running agreements; (b) a running agreement may be made to extend over two or more voyages so that it shall terminate either within six months from the date on which it was executed, or on the first arrival of the ship at her port of destination in India after the expiration of that period, or on the discharge of cargo consequent upon such arrival, whichever of these dates shall be the latest: Provided that no such running agreement shall continue in force, if, after the expiration of such period of six months as aforesaid, the ship proceeds on a voyage from a port outside India to any other such port which is not on the direct route or a customary route to her port of destination in India; (c) on every return to a port in India before the final termination of a running agreement, the master shall discharge or engage before the shipping master at such port any seaman whom he is required by law so to discharge or engage, and shall upon every such return endorse on the agreement a statement (as the case may be) either that no such discharges or engagements have been made or are intended to be made before the ship leaves port, or that all those made have been made as required by law; (d) the master shall deliver the running agreement so endorsed to the shipping master, and the shipping master shall, if the provisions of this Act relating to agreements have 455 been complied with, sign the endorsement and return the agreement to the master.

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

specified in sub-section (1), namely:-- (a) the agreement shall not be for a period longer than six months, but if the period for which the agreement was entered into expires while the ship is not in an Indian port, the agreement shall continue in force until the ship is again in an Indian port: Provided that, except with the consent in writing of the seaman concerned, the agreement shall not continue in force for more than three months after the expiration of the period for which it was entered into; (b) an agreement for service in two or more ships belonging to the same owner may be made by the owner instead of by the master, and the provisions of this Act with respect to the making of the agreement shall apply accordingly.

Renewal of running agreements in certain cases.

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

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

Changes in crew to be reported.

105. Changes in crew to be reported. 1*[(1)] The master of every foreign-going Indian ship and of every home-trade Indian ship of two hundred tons gross or more, the crew of which has been engaged before a shipping master, shall, before ---------------------------------------------------------------------

1. S. 105 re-numbered as sub-section (1) by Act 41 of 1984, s. 6 (w.e.f. 15.7.1985). 456 finally leaving the port where the engagement took place, sign and send to the nearest shipping master a full and accurate statement in the prescribed form, of every change which has taken place in his crew, and that statement shall be admissible in evidence.

1*[(2) A copy of the statement referred to in sub-section (1) shall also be sent to the seamen's employment office concerned.]

Certificate as to agreement with crew.

106. Certificate as to agreement with crew. (1) In the case of a foreign-going Indian ship or a home-trade Indian ship of two hundred tons gross or more, on the due execution of an agreement with the crew in accordance with this Act, and also when, in the case of a foreign- going Indian ship, the agreement is a running agreement, on compliance by the master before the second and every subsequent voyage made after the first commencement of the agreement with the provisions of this Act respecting that agreement, the shipping master shall grant the master of the ship a certificate to that effect.

(2) The master of every such ship shall, before proceeding to sea, produce that certificate to the customs collector whose duty it is to grant a port clearance.

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

(4) The master of every such ship shall, within forty-eight hours after the ship's arrival at the port in India at which the crew is to be discharged, deliver such agreement to a shipping master at the port; and such shipping master shall thereupon give to the master a certificate of such delivery ; and no customs collector shall clear any such ship inwards without the production of such certificate.

Copy of agreement to be made accessible to the crew. 107. Copy of agreement to be made accessible to the crew. The master shall, at the commencement of every voyage or engagement, cause a legible copy of the agreement and, if necessary, a certified translation thereof in a language understood by the majority of the crew (omitting the signatures), to be placed or posted up in such part of the ship as to be accessible to the crew.

Alteration in agreement with the crew. 108. Alteration in agreement with the crew. Every erasure, interlineation or alteration in any agreement with the crew (except additions made for the purpose of shipping substitutes or persons engaged subsequently to the first departure of the ship) shall be wholly inoperative, 2*[unless proved to have been made with the consent of all the persons interested in the erasure, interlineation or alteration by the written attestation,-- (a) if in India, of some shipping master or customs collector; or (b) if outside India, by an Indian consular officer or at any port outside India at which no Indian consular officer is available, any such person as is authorised in this behalf by the Central Government by notification in the Official Gazette]. --------------------------------------------------------------------- 1. Ins. by Act 41 of 1984, s. 6 (w.e.f. 15.7.1985). 2. Subs. by s. 7, ibid., for certain words (w.e.f. 15.7.1985). 457 Employment of young persons

Employment of children. 109. Employment of children. No person under 1*[fourteen] years of age shall be engaged or carried to sea to work in any capacity in any ship, except-- (a) in a school ship, or training ship, in accordance with the prescribed conditions ; or (b) in a ship in which all persons employed are members of one family ; or (c) in a home-trade ship of less than two hundred tons gross ; or (d) where such person is to be employed on nominal wages and will be in the charge of his father or other adult near male relative.

Engagement of young persons as trimmers or stokers.

110. Engagement of young persons as trimmers or stokers. (1) Save

as otherwise provided in sub-sections (2) and (3), no young person shall be engaged or carried to sea to work as a trimmer or stoker in any ship.

(2) Sub-section (1) shall not apply-- (a) to any work of trimming or stoking done by a young person in a school ship or training ship in accordance with the prescribed conditions ; or (b) to any work of trimming or stoking done by a young person in a ship which is mainly propelled otherwise than by steam ; or (c) to the engagement or carrying to sea of a person over sixteen years of age to work as a trimmer or stoker on a coasting ship, provided he is employed in accordance with the prescribed conditions.

(3) Where in any port a trimmer or stoker is required for any ship other than a coasting ship, and no person over eighteen years of age is available, two young persons over sixteen years of age may be engaged and carried to sea to do the work which would otherwise have been done by one person over eighteen years of age.

(4) There shall be included in every agreement with the crew in ships to which this section applies a short summary of the provisions of this section.

Medical examination