The MERCHANT SHIPPING ACT, 1958

PRELIMINARY

Section 1 — Short title and commencement.

(1) This Act may be called the Merchant Shipping Act, 1958.

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

Browse all 444 sections
  1. 1.Short title and commencement.
  2. 2.Application of Act.
  3. 3.Definitions.
  4. 4.Establishment of National Shipping Board.
  5. 5.Functions of National Shipping Board.
  6. 6.Power to make rules in respect of matters in this Part.
  7. 7.Director-General of Shipping.
  8. 8.Mercantile Marine Department.
  9. 9.Surveyors.
  10. 10.Radio inspectors.
  11. 11.Shipping offices.
  12. 12.Seamen‟s employment offices.
  13. 13.Seamen‟s welfare officers.
  14. 20.Application of Part.
  15. 21.Indian ships.
  16. 22.Obligation to register.
  17. 75.Application of Part.
  18. 75A.Definitions.
  19. 76.Certificates of competency to be held by officers of ships.
  20. 77.When officers deemed duly certificated.
  21. 78.Grade of certificates of competency.
  22. 79.Examination for, and grant of certificate.
  23. 80.[Omitted.].
  24. 81.Form of certificates.
  25. 82.Record of orders affecting certificates.
  26. 83.Loss of certificates.
  27. 84.Production of certificates of competency to shipping master.
  28. 85.Power to cancel or suspend certificates obtained on false or erroneous information.
  29. 86.Recognition of certificate of competency granted in other countries.
  30. 86A.Foreign ships not to sail without certificated officers.
  31. 87.Power to make rules.
  32. 87A.Definitions.
  33. 87B.Holders of certificates to serve the Government or in Indian ships for certain period.
  34. 87C.Exemption from section 87B.
  35. 87D.Particulars of certificate, etc. to be furnished.
  36. 88.Power to classify seamen.
  37. 88A.Definitions.
  38. 88B.Application of maritime labour standards to seafarers and ships.
  39. 89.Duties of shipping masters.
  40. 90.Fees to be paid.
  41. 91.Assistance for apprenticeship to sea service.
  42. 92.Special provisions as to apprenticeship to the sea service.
  43. 93.Manner in which contract is to be recorded.
  44. 94.Production of contracts to authorised person before voyage in ship.
  45. 95.Business of seamen's employment offices.
  46. 96.Supply or engagement of seamen in contravention of Act prohibited.
  47. 97.Receipt of remuneration, donation, fees, etc., from seamen for shipping them prohibited.
  48. 97A.Prohibition against discrimination.
  49. 98.Qualifications for, and medical examination of, seamen.
  50. 99.Prohibition of engagement of seamen in Indian port without discharge certificate.
  51. 99A.Prohibition of engagement of seafarer without seafarer‟s identity document.
  52. 100.Agreements with crew.
  53. 101.Form and contents of the agreement.
  54. 102.Engagement of seaman where agreement is made out of India.
  55. 103.Special provisions with regard to agreements with crew of Indian ships.
  56. 104.Renewal of running agreements in certain cases.
  57. 105.Changes in crew to be reported.
  58. 106.Certificate as to agreement with crew.
  59. 107.Copy of agreement to be made accessible to the crew.
  60. 108.Alteration in agreement with the crew.
  61. 109.Prohibition of engagement of underage persons in certain cases.
  62. 110.[Omitted.].
  63. 111.Medical examination of young persons.
  64. 112.Maintenance of list or register of young persons in a ship.
  65. 113.Power to make rules respecting employment of young persons.
  66. 114.Engagements between seamen and masters of ships other than Indian ships.
  67. 115.Power to prohibit engagement of persons as seamen.
  68. 116.Engagement of seamen outside India for Indian ships.
  69. 117.Power to board ships and master seamen.
  70. 118.Discharge before shipping master.
  71. 119.Certificate of discharge.
  72. 120.Certificate as to work of seamen.
  73. 121.Discharge and leaving behind of seamen by masters of Indian ships.
  74. 122.Wages and other property of seaman or apprentice left behind.
  75. 123.Repatriation of seamen or termination of service at foreign port.
  76. 124.Discharge of seamen on change of ownership.
  77. 125.Master to deliver account of wages.
  78. 126.Disrating of seamen.
  79. 127.Deductions from wages of seamen.
  80. 128.Payment of wages before shipping master.
  81. 129.Time of payment of wages.
  82. 130.Settlement of wages.
  83. 130A.Certain undisbursed amounts to be utilised for welfare of seamen.
  84. 131.Master to give facilities to seaman for remitting wages.
  85. 132.Decision of questions by shipping masters.
  86. 133.Power of shipping master to require production of ship's papers.
  87. 134.Rule as to payment to seamen in foreign currency.
  88. 135.Advance of wages.
  89. 136.Allotment notes respecting seaman's wages.
  90. 137.Commencement and payment of sums allotted.
  91. 138.Right to wages and provisions.
  92. 138A.Working hours of seamen.
  93. 139.Right to recover wages and salvage not to be forfeited.
  94. 140.Wages not to depend on freight.
  95. 141.Wages on termination of service by wreck, illness, etc.
  96. 142.Wages not to accrue during absence without leave, refusal to work or imprisonment.
  97. 143.Compensation to seamen for premature discharge.
  98. 144.Restriction on sale of and charge upon wages.
  99. 145.Summary proceedings for wages.
  100. 146.Restrictions on suits for wages.
  101. 147.Wages not recoverable outside India in certain cases.
  102. 148.Remedies of master for wages, disbursements, etc.
  103. 149.Power of Court to rescind contract between master, owner or agent and seaman or apprentice.
  104. 150.Power to refer disputes between seamen and their employers to tribunals.
  105. 151.Conditions of service, etc., to remain unchanged during pendency of proceedings before tribunal.
  106. 152.Master to take charge of the effects of deceased seamen.
  107. 153.Dealing with and account of property of seamen who die during voyage.
  108. 154.Master to pay and deliver property of deceased seamen.
  109. 155.Property of deceased seaman left abroad but not on board ship.
  110. 156.Dealing with property of deceased seamen.
  111. 157.Recovery of wages, etc., of seamen lost with their ship.
  112. 158.Property of seamen dying in India.
  113. 159.Payment over of property of deceased seamen by shipping master.
  114. 159A.Nomination.
  115. 160.Disposal of unclaimed property of deceased seamen.
  116. 161.Relief and maintenance of distressed seamen.
  117. 162.Mode of providing for return of seamen to proper return port.
  118. 163.Receiving distressed seamen on ships.
  119. 164.Provisions as to taking distressed seamen on ships.
  120. 165.What shall be evidence of distress.
  121. 166.Indian consular office to decide return port to which or route by which seaman is to be sent.
  122. 167.Power to make rules with respect to distressed seamen.
  123. 168.Ships to have sufficient provisions and water.
  124. 169.Allowances for short or bad provisions.
  125. 170.Foreign going Indian ship to carry duly certificated cook.
  126. 171.Weights and measures on board.
  127. 172.Beddings, towels, medicines, medical stores, etc., to be provided and kept on board certain ships.
  128. 173.Certain ships to carry medical officer.
  129. 174.Expenses of medical attendance in case of illness.
  130. 175.Accommodation for seaman.
  131. 176.Inspection by shipping master, etc., of provisions, water, weights and measures and accommodation.
  132. 176A.Ships to possess Maritime Labour Certificate and Declaration of Maritime Labour Compliance.
  133. 177.Inspection by master of provisions, water and accommodation at sea.
  134. 177A.Power to make rules to prevent accidents, etc.
  135. 178.Meaning of serving seaman.
  136. 179.Particulars to be furnished in plaints, etc.
  137. 180.Notice to be given in case of unrepresented seaman.
  138. 181.Power to set aside decrees and orders passed against serving seaman.
  139. 182.Modification of law of limitation where seaman is a party.
  140. 183.Reference in matters of doubt to shipping masters.
  141. 184.Facilities for making complaints.
  142. 185.Assignment or sale of salvage invalid.
  143. 186.No debt recoverable till end of voyage.
  144. 187.Seaman's property not to be detained.
  145. 188.Prohibition against solicitation by lodging house keepers.
  146. 189.Ship not to be boarded without permission before seamen leave.
  147. 190.Misconduct endangering life or ship.
  148. 191.Desertion and absence without leave.
  149. 192.Power to suspend deserter‟s certificate of discharge.
  150. 193.Conveyance of deserter or imprisoned seaman on board ship.
  151. 194.General offences against discipline.
  152. 195.Smuggling of goods by seamen or apprentices.
  153. 196.Entry of offences in official logs.
  154. 197.Report of desertions and absence without leave.
  155. 198.Entries and certificates of desertion abroad.
  156. 199.Facilities for proving desertion in proceedings for forfeiture of wages.
  157. 200.Application of forfeiture.
  158. 201.Decision of questions of forfeiture and deduction in suits for wages.
  159. 202.Payment of fines imposed under agreement to shipping master.
  160. 203.Seaman or apprentice not to be enticed to desert.
  161. 204.Deserters not to be harboured.
  162. 205.Stowaways and seamen carried under compulsion.
  163. 206.Procedure where seaman not shipped in India is imprisoned on complaint of master or owner.
  164. 207.Power to send on board seaman not shipped in India who is undergoing imprisonment.
  165. 208.On change of master, documents to be handed over to successor.
  166. 209.Transmission of documents on transfer of seaman from one ship to another.
  167. 210.Leaving behind in India of seaman or apprentice engaged abroad.
  168. 211.Deserters from foreign ships.
  169. 212.Official logs to be kept and to be dated.
  170. 213.Entries in official log books how and when to be made.
  171. 214.Entries required to be made in official log books.
  172. 215.Offences in respect of official logs.
  173. 216.Delivery of official logs to shipping masters.
  174. 217.Official logs to be sent to shipping master in case of transfer of ship or loss.
  175. 218.Functions of National Welfare Board for Seafarers.
  176. 218A.Power to make rules for purposes of Maritime Labour Convention.
  177. 219.Application of Part.
  178. 220.No ship to carry passengers without a certificate of survey.
  179. 221.Power of surveyor.
  180. 222.Fees in respect of survey.
  181. 223.Declaration of survey.
  182. 224.Sending of declaration by owner, agent or master to Central Government.
  183. 225.Grant of certificate of survey by Central Government.
  184. 226.Power of Central Government to order a second survey.
  185. 227.Duration of certificates of survey.
  186. 228.Cancellation or suspension of certificate of survey by Central Government.
  187. 229.Alterations in ships subsequent to grant of certificate of survey, and additional surveys.
  188. 230.Power to require delivery of expired or cancelled certificate of survey.
  189. 231.Certificate of survey to be affixed in conspicuous part of ship.
  190. 232.Ship not to carry passengers in contravention of Act.
  191. 233.Offences in connection with passenger ships.
  192. 234.Power to exclude drunken passengers from passenger ships.
  193. 235.Ships with certificates of survey or certificates of partial survey granted outside India.
  194. 236.Power to make rules as to surveys.
  195. 237.Ports or places where special trade passengers or pilgrims may embark or be discharged.
  196. 238.Notice to be given of day of sailing.
  197. 239.Power to enter on and inspect ship.
  198. 240.Ship not to sail without certificates A and B.
  199. 241.Contents of certificate A.
  200. 242.Contents of certificate B.
  201. 243.Officers entitled to grant certificates.
  202. 244.Survey of ship.
  203. 245.Discretion as to grant of certificate B.
  204. 246.Copy of certificate A to be exhibited.
  205. 247.Special trade passengers or pilgrims to be supplied with prescribed provisions.
  206. 248.Number of passengers on board not to exceed that allowed by or under this Part.
  207. 249.Special trade passenger or pilgrim not to be landed at a place other than that at which he has contracted to land.
  208. 250.Forwarding of passengers by Indian consular officers.
  209. 251.Recovery of expenses incurred in forwarding passengers.
  210. 252.Ship not to make voyage in contravention of contract.
  211. 253.Information to be sent to ports of embarkation and discharge.
  212. 254.Reports etc., under section 253 to be admissible in evidence.
  213. 255.Destination of ship, time of sailing etc., to be advertised.
  214. 256.Ship taking additional passengers at intermediate place.
  215. 257.Statements concerning passengers.
  216. 258.Death of special trade passengers on voyage.
  217. 259.Certain ships to carry medical officer and attendants.
  218. 260.Bringing passengers from foreign port in excess of authorised number prohibited.
  219. 261.[Repealed.].
  220. 261A.Bunks to be provided for passengers.
  221. 261B.Space to be provided for passengers when bunks are not provided.
  222. 261C.Airing space to be provided for passengers.
  223. 262.Power to make rules as to special trade passenger ships.
  224. 263.[Repealed.].
  225. 264.Hospital accommodation.
  226. 265.[Omitted.].
  227. 266.[Omitted.].
  228. 267.[Omitted.].
  229. 268.[Omitted.].
  230. 269.[Omitted.].
  231. 270.Bond where pilgrim ship proceeds on outward voyage.
  232. 271.Medical inspection and permission required before embarkation of pilgrims.
  233. 272.Medical inspection after embarkation in certain cases.
  234. 273.Pilgrims to arrange return passages.
  235. 274.Issue or production of tickets.
  236. 275.Refund of passage money and deposits.
  237. 276.Disposal of unclaimed passage money and deposit.
  238. 277.Cost of return journey of pilgrims on ships other than those for which return ticket is available.
  239. 278.[Omitted.].
  240. 279.Compensation for delay in sailing.
  241. 280.Substitution of ships.
  242. 281.Sanitary taxes payable by master of pilgrim ship.
  243. 282.Power to make rules relating to pilgrim ships.
  244. 283.Countries to which Load Line Convention or Safety Convention applies.
  245. 283A.Definitions.
  246. 344A.Application of Act to nuclear ships.
  247. 344B.Nuclear passenger ship safety certificates and nuclear cargo ship safety certificates.
  248. 344C.Prohibition of proceeding to sea without certificates.
  249. 344D.Safety assessment and operating manual.
  250. 344E.Foreign nuclear ships to give advance notice of arrival.
  251. 344F.Control on arrival of nuclear ships.
  252. 344G.Notice of accidents to nuclear ships.
  253. 344H.Application of certain sections to or in relation to certain certificates under section 344B.
  254. 344-I.Power to make rules.
  255. 344J.Application.
  256. 344K.Definitions.
  257. 344L.Ship identification number.
  258. 344M.Security measures.
  259. 344N.Port facility assessment.
  260. 344-O.Obligations of companies, etc.
  261. 344P.Obligations of port facility.
  262. 344Q.International Ship Security Certificate.
  263. 344R.Ship Security Alert System.
  264. 344S.Control measures.
  265. 344T.Power to make rules.
  266. 345.Division of loss in case of collision.
  267. 346.Damages for personal injury.
  268. 347.Right of contribution.
  269. 348.Duty of master of ship to assist in case of collision.
  270. 349.Collision to be entered in official log.
  271. 350.Report to Central Government of accidents to ship.
  272. 351.Notice of loss of Indian ship to be given to Central Government.
  273. 352.Definitions.
  274. 352A.Limitation of liability of damages in respect of certain claims.
  275. 352B.Limits of liability.
  276. 352C.Limitation Fund and consolidation of claims.
  277. 352D.Release of ship, etc.
  278. 352E.Scope of application.
  279. 352F.Application of this Part to charterer, manager, etc., of a vessel.
  280. 352FA.Power to make rules.
  281. 352G.Application.
  282. 352H.Definitions.
  283. 352-I.Liability of owner.
  284. 352J.Limitation of liability.
  285. 352K.Constitution of limitation fund.
  286. 352L.Acquisition of right for compensation by subrogation.
  287. 352M.Consolidation of claim and distribution of fund.
  288. 352N.Compulsory insurance or other financial guarantee.
  289. 352O.Acceptance of certificates issued outside India.
  290. 352P.Ban on entering or leaving an Indian port without certificate.
  291. 352Q.Government ships.
  292. 352R.Power to make rules.
  293. 352S.Definitions.
  294. 352T.Contribution to the Fund.
  295. 352U.Contribution payable by persons to the Fund.
  296. 352V.Power to call for information.
  297. 352W.Liability of the Fund.
  298. 352X.Jurisdiction of Courts.
  299. 352Y.Extinguishment of claims.
  300. 352Z.Subrogation and right of recourse.
  301. 352ZA.Power to make rules.
  302. 353.Method of giving helm orders.
  303. 354.Duty to report dangers to navigation.
  304. 354A.Communication of intelligence regarding dangers to navigation.
  305. 355.Obligation to render assistance on receiving signal of distress.
  306. 355A.Obligation to render assistance to persons in danger.
  307. 356.Power to make rules as to signals.
  308. 356A.Application.
  309. 356B.Definitions.
  310. 356C.Issue of pollution prevention certificate.
  311. 356D.Issue of certificates for foreign ships in India and Indian ships in foreign countries.
  312. 356E.Requirement for construction and equipment in ships to prevent pollution.
  313. 356F.Record books.
  314. 356G.Inspection and control of oil tankers and other ships to which this Part applies.
  315. 356H.Information regarding contravention of provisions of Convention.
  316. 356-I.Oil reception facilities at ports in India.
  317. 356P.Application.
  318. 356Q.Definitions.
  319. 356R.Control of anti-fouling systems.
  320. 356S.Issuance of International Anti-Fouling System Certificate.
  321. 356T.Issue of Anti-Fouling System Certificate for foreign ships in India and Indian ships in foreign countries.
  322. 356U.Controls of waste materials.
  323. 356V.Record of anti-fouling systems.
  324. 356W.Inspection and control of all ships above 400 gross tonnage.
  325. 356X.Information regarding contravention of the provisions of Convention.
  326. 356Y.Power to make rules.
  327. 357.Definition of “coasts”.
  328. 358.Shipping casualties and report thereof.
  329. 359.Report of shipping casualties to Central Government.
  330. 360.Application to court for formal investigation.
  331. 361.Court empowered to make formal investigation.
  332. 362.Power of court of investigation to inquire into charges against masters, mates and engineers.
  333. 363.Power of Central Government to direct inquiry into charges of incompetency or misconduct.
  334. 364.Opportunity to be given to person to make defence.
  335. 365.Power of court as to evidence and regulation of proceedings.
  336. 366.Assessors.
  337. 367.Power to arrest witnesses and enter ships.
  338. 368.Power to commit for trial and bind over witnesses.
  339. 369.Report by court to Central Government.
  340. 370.Powers of court as to certificates granted by Central Government.
  341. 371.Power of court to censure master, mate or engineer.
  342. 372.Power of court to remove master and appoint new master.
  343. 390.Definition of “coasts”.
  344. 391.Receivers of wreck.
  345. 392.Duty of receiver where vessel is in distress.
  346. 393.Power to pass over adjoining lands.
  347. 394.Power of receiver of wreck to suppress, plunder and disorder by force.
  348. 395.Procedure to be observed by persons finding wreck.
  349. 396.Investigation of certain matters in respect of vessels wrecked, etc.
  350. 397.Notice to be given by receiver.
  351. 398.Immediate sale of wreck by receiver in certain cases.
  352. 399.Claims of owners to wreck.
  353. 400.Prohibition of certain acts in respect of wreck.
  354. 401.Search warrants where wreck is concealed.
  355. 402.Salvage payable for saving life, cargo or wreck.
  356. 403.Savings.
  357. 404.Power to make rules respecting wreck and salvage.
  358. 405.Application of Part.
  359. 406.Indian ships and chartered ships to be licensed.
  360. 407.Licensing of ships for coasting trade.
  361. 408.Revocation or modification of licence.
  362. 409.Licences to be surrendered when they cease to be valid.
  363. 410.No port clearance until licence is produced.
  364. 411.Power to give directions.
  365. 411A.Powers of the Central Government to protect interests of Indian shipping from undue foreign intervention.
  366. 412.[Repealed.].
  367. 413.Power of Director-General to call for information.
  368. 414.Power to make rules.
  369. 415.Application of Part.
  370. 416.Decision of question whether a vessel is a sailing vessel.
  371. 417.Certificate of registry.
  372. 418.Particulars relating to sailing vessel to be painted.
  373. 419.Change of name of sailing vessel.
  374. 420.Prevention of overloading or overcrowding.
  375. 421.Certificate of inspection.
  376. 422.Cancellation, re-issue, etc., of certificate of inspection.
  377. 423.Registry of alterations.
  378. 424.Transfer of registry.
  379. 425.Closure of registry.
  380. 426.Restriction on transfer of sailing vessel.
  381. 427.Mortgages of sailing vessels.
  382. 428.Fraudulent use of certificate of registry or certificate of inspection, etc., prohibited.
  383. 429.Statement relating to crew of sailing vessel to be maintained.
  384. 430.Inquiry into jettisoning of cargo.
  385. 431.Non-Indian sailing vessels not to engage in coasting trade without permission.
  386. 432.Detention of overloaded non-Indian sailing vessels.
  387. 433.Power of courts to rescind contracts between owner and tindal.
  388. 434.Application to sailing vessels of other provisions relating to ships.
  389. 434A.Insurance of members of crew of asailing vessel.
  390. 434B.Policy of insurance.
  391. 435.Power to make rules respecting sailing vessels.
  392. 435A.Application of Part.
  393. 435B.Definition.
  394. 435C.Obligation to register.
  395. 435D.Port of registry.
  396. 435E.Registrars of Indian fishing boats.
  397. 435F.Application for registry.
  398. 435G.Certificate of registry.
  399. 435H.Particular relating to Indian fishing boats to be painted.
  400. 435-I.Change of name of Indian fishing boat.
  401. 435J.Special provision for Indian fishing boats.
  402. 435K.Certificate of inspection.
  403. 435L.Cancellation, re-issue, etc. of certificate of inspection.
  404. 435M.Inspection of safety equipments and appliances.
  405. 435N.Registration of alteration.
  406. 435O.Transfer of registry.
  407. 435P.Closure of registry.
  408. 435Q.Restriction on Transfer of Indian fishing boats.
  409. 435R.Mortgage of Indian fishing boats.
  410. 435S.Fraudulent use of certificate of registry or certificate of inspection, etc., prohibited.
  411. 435T.Statement relating to crew of Indian fishing boat to be maintained.
  412. 435U.Power to make rules respecting Indian fishing boats.
  413. 435V.Application to Indian fishing boats of other provisions relating to ships.
  414. 435W.Fishery data to be furnished by Indian fishing boats.
  415. 435X.Power to exempt.
  416. 436.Penalties.
  417. 437.Place of trial.
  418. 438.Cognizance of offences.
  419. 439.Jurisdiction of Magistrate.
  420. 440.Special provision regarding punishment.
  421. 441.Offences by companies.
  422. 442.Depositions to be received in evidence when witness cannot be produced.
  423. 443.Power to detain foreign ship that has occasioned damage.
  424. 444.Power to enforce detention of ship.
  425. 445.Levy of wages, etc., by distress of movable property or ship.
  426. 446.Notice to be given to consular representative of proceedings taken in respect of foreign ship.
  427. 447.Application of fines.
  428. 448.Service of documents.
  429. 449.Power to appoint examiners and to make rules as to qualifications of ship surveyors.
  430. 450.No person to practise as ship surveyor unless qualified.
  431. 451.Power of ship surveyor to inspect ship.
  432. 452.Inquiry into cause of death on board Indian ship.
  433. 453.Certain persons deemed to be public servants.
  434. 454.Powers of persons authorised to investigate, etc.
  435. 454A.Power to prescribe alternative fittings, etc.
  436. 455.Exemption of public ships, foreign and Indian.
  437. 456.Power to exempt.
  438. 457.General power to make rules.
  439. 458.Provisions with respect to rules and regulations.
  440. 459.Power to constitute committees to advise on rules, regulations and scales of fees.
  441. 460.Protection of persons acting under Act.
  442. 460A.Removal of difficulties.
  443. 461.Repeals and savings.
  444. SCH-THE SCHEDULE.THE SCHEDULE