Sri Lanka Consolidated Acts

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Merchant Shipping Act (No. 52 of 1971)


           Long Title

   1.	   Short title and date of operation  
   2.	   Extension and application of Act  
   3.	   Appointment of Director of Merchant Shipping  
   4.	   Power of Minister to give directions  
   5.	   Appointment of officers and servants  
   6.	   Powers of Minister  
   7.	   Appointment and duties of Shipping Officers  
   8.	   Designation of Shipping Offices  
   9.	   Power of Director to dispense with transaction of certain matters at Shipping Offices  
   10.	   Appointment of Surveyors, &c  
   11.	   Chief Registrar and Registrars of Ceylon Ships  
   12.	   Minister may delegate certain powers and duties  
   13.	   Appointment of Registrar of Seamen  
   14.	   Application of this Part  
   15.	   Restriction on chartering of ships  
   16.	   Licences to take ships to sea  
   17.	   Revocation, &c, of licence  
   18.	   Unlicensed ships  
   19.	   No port clearance until licence is produced  
   20.	   Power to give directions  
   21.	   Shipping Allocation Board  
   22.	   Powers to fix shipping rates  
   23.	   Shipping Rates Advisory Board  
   24.	   Power to call for information  
   25.	   Submission of schedule of fares, &c., in respect of certain ships  
   26.	   Power of Director to enter ships  
   27.	   Penalty  
   28.	   Restrictive practices in relation to the carriage of goods by sea  
   29.	   Power to make rules  
   30.	   Qualification for owning Ceylon ship  
   31.	   Obligation to register Ceylon ships  
   32.	   Exemptions from registry  
   33.	   Register book  
   34.	   Application for registry  
   35.	   Declaration of ownership  
   36.	   Ship's names  
   37.	   Evidence on first registry  
   38.	   Survey  
   39.	   Marking of skip  
   40.	   Entry of particulars in register book  
   41.	   Documents to be retained by Registrar  
   42.	   Application to Government ships  
   43.	   Port of registry  
   44.	   Regulations  
   45.	   Power of Chief Registrar to inquire into title of Ceylon ship to he registered as such  
   46.	   Exemption  
   47.	   Certificate of registry  
   48.	   Provisional certificate  
   49.	   Custody and use of certificate  
   50.	   Improper use of certificate  
   51.	   Grant of new certificate  
   52.	   Provision for loss of certificate  
   53.	   Change of master  
   54.	   Change of owner  
   55.	   Delivery of certificate of slip lost or ceasing to be Ceylon ship  
   56.	   Transfer of ship or share  
   57.	   Declaration of transfer  
   58.	   Registry of transfer  
   59.	   Transmission of property in ship on bankruptcy, death, &c  
   60.	   Order for sale on transmission to an unqualified person  
   61.	   Transfer of ship or Bale by order of Court  
   62.	   Power of Court to prohibit transfer  
   63.	   Rules of English law applicable except where they are inconsistent or in conflict with this Act  
   64.	   Mortgage of ship or share  
   65.	   Entry of discharge of mortgage  
   66.	   Priority of mortgagee  
   67.	   Mortgagee not treated as owner  
   68.	   Mortgagee to have power of sale  
   69.	   Mortgage not affected by bankruptcy  
   70.	   Transfer of mortgages  
   71.	   Transmission of interest in mortgage on bankruptcy, &c  
   72.	   Powers of mortgage and sale to be exercised outside Ceylon may be conferred by certificate  
   73.	   Requisites for certificates of mortgage and sale  
   74.	   Restrictions on certificates of mortgage and sale  
   75.	   Contents of certificates of mortgage and Bale,  
   76.	   Rules as to certificates of mortgage  
   77.	   Rules as to certificates of sale  
   78.	   Power of Chief Registrar in case of loss of certificate  
   79.	   Revocation of certificates of mortgage and sale  
   80.	   Application  
   81.	   Restriction on cancellation of registration  
   82.	   Restriction on registration  
   83.	   Maritime liens  
   84.	   Priority of liens. Cap. 96. Cap. 97  
   85.	   Order of priority of liens  
   86.	   Rights of shipbuilders and ship repairers.   Cap. 96.  Cap. 97  
   87.	   Overriding nature of maritime liens  
   88.	   Saving in relation to claims arising from radioactive products, &c  
   89.	   Limitation period  
   90.	   When limitation period is interrupted  
   91.	   Notice of sale to be given to mortgagees, Registrar, &c  
   92.	   Effect of sale on mortgage, &c  
   93.	   Disposition of proceeds of sale  
   94.	   When a certificate that a ship is sold free of mortgages, liens, &c., shall issue  
   95.	   Action by Registrar on receipt- of  
   96.	   Registry of alterations  
   97.	   Regulations for registry of alterations  
   98.	   Registry anew on change of ownership  
   99.	   Procedure for registry anew  
   100.	   Provisional certificate and endorsement where a ship is to be registered anew  
   101.	   Transfer of registry  
   102.	   Restriction on-re-registration of abandoned, ships  
   103.	   Provision for case of incapacity  
   104.	   Notice of trusts not received  
   105.	   Liability of owners  
   106.	   Definition of beneficial interest  
   107.	   Managing owner, &c  
   108.	   Power to dispense with declaration, &c  
   109.	   Mode of making declarations.  
   110.	   Returns to be made by Registrars  
   111.	   Evidence of register book, certificate of registry and other document   
   112.	   Forgery of documents  
   113.	   False declarations  
   114.	   Trade in Ceylon waters  
   115.	   National character of ship to be declared on clearance  
   116.	   Penalty for unduly assuming Ceylon character  
   117.	   Penalty for concealment of Ceylon or assumption of foreign character  
   118.	   Penalty for acquiring ownership if unqualified,  
   119.	   Liabilities of ship not recognized as Ceylon ship  
   120.	   National colours  
   121.	   Showing of national ensign  
   122.	   Proceedings on forfeiture of ship  
   123.	   Protection of officers  
   124.	   Application  
   125.	   Interpretation  
   126.	   Regulations relating to qualifications of officers and seamen, the manning of ships, &c  
   127.	   Regulations relating to conditions of service, &c  
   128.	   Regulations relating to-official log-books  
   129.	   Regulations relating to returns of births and deaths in Ceylon ships.,  
   130.	   Regulations relating to returns of births and deaths of citizens in ships not registered in Ceylon  
   131.	   Handing over of documents on change of master  
   132.	   Stowaways  
   133.	   Unauthorized presence on board ship  
   134.	   Master's power of arrest  
   135.	   Unregistered: Ceylon ship  
   136.	   National Welfare Board for seamen  
   137.	   Prohibition of the maintenance of a seamen's lodging house without a licence  
   138.	   Interpretation  
   139.	   Regulations relating to safety at sea  
   140.	   Saving  
   141.	   Power of Minister to exempt  
   142.	   Saving relating to ships taking refuge from weather, &c  
   143.	   Prohibit ion on passenger ship sailing without certificates  
   144.	   Prohibition on cargo ship sailing without certificates  
   145.	   Variation of certificates on amendment, &c., of Convention  
   146.	   Production of certificates  
   147.	   Surveys and declarations of survey  
   148.	   Issue of certificates  
   149.	   Minister may approve organizations to survey ships and issue certificates  
   150.	   Period of validity of certificate  
   151.	   Cancellation or suspension of certificates  
   152.	   Surrender of certificates  
   153.	   Recognition of certificates issued outside Ceylon  
   154.	   Issue of certificates to foreign ships in Ceylon, and to Ceylon ships in foreign countries  
   155.	   Penalty for alteration in ship after certificate has been issued  
   156.	   Penalty for forgery of certificate or declaration  
   157.	   Information about ship's stability  
   158.	   Signalling lamps  
   159.	   Interpretation  
   160.	   Application  
   161.	   Definition of "international voyage "  
   162.	   Definition of 14 "new ship"  
   163.	   Definition of " valid Convention certificate "  
   164.	   Regulations relating to load lines, &c  
   165.	   Regulations relating to deck cargo  
   166.	   Prohibition on sailing without certificates  
   167.	   Prohibition in excess loading  
   168.	   Penalties concerning marking a ships  
   169.	   Issue of certificates  
   170.	   Presumptions arising on issue of certificates  
   171.	   Certificate to be produce prior to clearance  
   172.	   Duties of owner and master on issue of certificate  
   173.	   Issue of certificate to ship Dot registered in Ceylon  
   174.	   Prohibition on sailing without survey, &c  
   175.	   Prohibition on excess loading  
   176.	   Issue of Ceylon Load Line Certificate  
   177.	   Certificates to be produced prior to clearance  
   178.	   Power of inspection  
   179.	   Power of exemption In relation to ships on certain International voyages  
   180.	   Power of exemption in relation to ships under eighty tons, &c  
   181.	   Power of exemption in relation to ships with novel features  
   182.	   Power of exemption in relation to ships in Ceylon  
   183.	   Power of exemption in relation to single voyage  
   184.	   Power to impose conditions  
   185.	   Exemption certificates  
   186.	   Collision regulations  
   187.	   Observance of collision regulations  
   188.	   Local rules for navigation in ports, &c  
   189.	   Inspection as to lights and fog signals  
   190.	   Method of giving helm orders  
   191.	   Reports of accidents to ships  
   192.	   Notice of loss of Ceylon ship to he given to the Director  
   193.	   Interpretation  
   194.	   Injury to lighthouses  
   195.	   Prevention of false lights  
   196.	   Notice under section 195  
   197.	   Penalty  
   198.	   Powers of Director and of hers on failure to extinguish false light, &c  
   199.	   Obligation to assist. ships, &c., in distress  
   200.	   Right to requisition ships when in distress  
   201.	   General duty to render assistance to persons in danger at sea  
   202.	   Duty of ship to assist the other in case of collision  
   203.	   Assistance to persons in danger  
   204.	   Salvage rights not affected  
   205.	   Sending unseaworthy ship to sea an offence  
   206.	   Obligation of ship owner to crew with respect to seaworthiness  
   207.	   Power to detain unsafe ships  
   208.	   Method of detention of unsafe ships  
   209.	   Supplementary provisions relating to detention  
   210.	   Exercise of powers  
   211.	   Liability for costs and damages  
   212.	   Power to require complainant to give security for costs  
   213.	   Survey of ship alleged by seamen to be unseaworthy  
   214.	   Appointment of Surveyor  
   215.	   Costs of survey  
   216.	   Interpretation  
   217.	   Constitution of Court of Survey  
   218.	   Power and procedure of Courts of Survey  
   219.	   Report of the Court of Survey  
   220.	   Rules of procedure.  Cap. 6  
   221.	   Reference in difficult cases to scientific referees  
   222.	   Payments to officers of Courts, &c  
   223.	   Indemnity  
   224.	   Interpretation  
   225.	   Appointment of Principal Receiver of Wrecks and receivers  
   226.	   Fees of receiver of wrecks  
   227.	   Duty of receiver where vessel is in distress  
   228.	   Power of receiver in case of vessels in distress  
   229.	   Powers to pass over adjoining lands  
   230.	   Power of receiver to suppress plunder and disorder by force  
   231.	   Exercise of powers of receiver in his absence  
   232.	   Examination in respect of ships in distress  
   233.	   Rules to be observed by persons finding wreck  
   234.	   Penalty for taking wreck at the time of casualty  
   235.	   Notice of wreck to be given by receiver  
   236.	   Claims of owners to wreck  
   237.	   Immediate sale of wreck by receiver in certain cases  
   238.	   Provisions as to duties. &c. on wrecked goods  
   239.	   Right to unclaimed wreck  
   240.	   Disposal of unclaimed wreck  
   241.	   Delivery of unclaimed wreck by receiver not to prejudice title  
   242.	   Removal of wreck by harbour or conservancy authority  
   243.	   Prohibition of the receipt &c., of wrecks by certain courts  
   244.	   Breaking and removal of wrecks  
   245.	   Powers of removal to extend to tackle, cargo, &c  
   246.	   Powers to be cumulative  
   247.	   Taking wreck to a foreign port  
   248.	   Boarding wreck, &c  
   249.	   Interfering with wreck, &c  
   250.	   Summary procedure for concealment of wreck  
   251.	   Salvage of life  
   252.	   Salvage of cargo  
   253.	   Services to which sections 251 and 252 do not apply  
   254.	   Where both ressets belong to the same owner.   
   255.	   Determination of salvage disputes  
   256.	   Power of Supreme Court in relation to salvage agreements  
   257.	   Summary determination of salvage disputes  
   258.	   Appeal in case of salvage disputes  
   259.	   Valuation of property by receiver  
   260.	   Detention of property liable to salvage by receiver  
   261.	   Sale of detained property  
   262.	   Apportionment of salvage amongst owners, &c., of foreign vessel  
   263.	   Apportionment of salvage not exceeding two thousand rupees by receiver  
   264.	   Apportionment of salvage by Supreme Court  
   265.	   Application to the Government  
   266.	   Shipping casualties  
   267.	   Preliminary inquiry into shipping casualties,  
   268.	   Formal investigation as to shipping casualties  
   269.	   Power of Court of investigation to inquire into charges against masters, mates and engineers  
   270.	   Power of Director to direct inquiry into charges of incompetency or misconduct  
   271.	   Power to arrest witnesses and enter ships  
   272.	   Power to commit for trial and bind over witnesses  
   273.	   Power of Courts as to certificates  
   274.	   Power of Court to censure master, mate or engineer of a ship  
   275.	   Power of Court to remove master of a ship and appoint new master  
   276.	   The delivery of certificate cancelled or suspended  
   277.	   Effect of cancellation or suspension of certificates  
   278.	   Suspended certificate not to be endorsed  
   279.	   Rehearing of an appeal from inquiries and investigations  
   280.	   Rules relating to inquiries and investigations.  Cap. 6  
   281.	   Powers of Director to cancel, suspend, &c., certificate of master, mate, or engineer of a ship  
   282.	   Limitation of time for summary proceedings.Cap. 101  
   283.	   Liability of shipowners  
   284.	   Offences by bodres of persons, servants and agents  
   285.	   Who may prosecute  
   286.	   Compounding of offences  
   287.	   Jurisdiction of Magistrates' Courts, &c  
   288.	   Provision as to jurisdiction over offences  
   289.	   Jurisdiction over ships lying off the coast  
   290.	   Jurisdiction in case of offences on board ship  
   291.	   Application of fines  
   292.	   Conviction under other law  
   293.	   Power to arrest foreign ship that has occasioned damage  
   294.	   Enforcing detention of ship  
   295.	   Proper officer of customs to be informed of detention of ship  
   296.	   Cost of detaining ship  
   297.	   Notice to Consular officer on detention of foreign ship  
   298.	   Sums ordered to be paid leviable by distress on ship  
   299.	   Inquiries into deaths of crew members and others  
   300.	   Depositions to be received in evidence where witness cannot be produced  
   301.	   Proof of attestation not required  
   302.	   Admissibility of documents in evidence  
   303.	   Notices, &c., to be in writing  
   304.	   Service of documents  
   305.	   All officers. &c., to be public servants  
   306.	   Protection of public servants  
   307.	   Interpretation of certain terms in this Chapter  
   308.	   Powers of authorized officers to board ships  
   309.	   Power of requiring production of documents, &c  
   310.	   Inspections  
   311.	   Power of arrest  
   312.	   Returns by Surveyors  
   313.	   Appointment of inspectors  
   314.	   Powers of inspectors  
   315.	   Witnesses  
   316.	   Obstruction of inspector  
   317.	   Power of Director to prescribe forms  
   318.	   Exemption from stamp duty  
   319.	   Offences in respect of use of forms  
   320.	   Power to apply Act to ships of other countries, and to exempt such ships  
   321.	   General power to make regulations  
   322.	   Indemnity to Government  
   323.	   General power of exemption  
   324.	   Interpretation  
   325.	   Repeal  
   326.	   Transitional provisions relating to registered ships  
   327.	   Provisions relating to tonnage measurement;  
   328.	   Provisions relating to ships' names, &c  
   329.	   Provisions relating to forms of bills of sale, &c  
   330.	   Application of safety and load line regulations  
   331.	   Act to override certain other legislation.Cap.198. Cap. 369  
   332.	   Temporary continuance of certain rules  
   333.	   Regulations for resolving transitional difficulties  

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