1. Indian Merchant Shipping Act
PURPOSE OF THE MS ACT
The purpose of the M.S. Act, 1958, as amended, is to “foster the development and ensure the efficient maintenance of an Indian Mercantile Marine in a manner best suited to serve the national interests”.
It may however be noted that it is only certain specific areas of the rather elaborate Act which have been dealt with in the ensuing paragraphs. The basic purpose is to make the readers aware of what the M.S. Act, 1958, as amended, broadly deals with.
Indian Merchant Shipping Act 1958
Indian Merchant Shipping Act of 1958 is divided in to 18 Chapters and each of them discussing various topics, providing appropriate rules and regulations for each of them. This Act has been amended in 2010 including certain clauses. The main details of MS ACT is given below
PART I - PRELIMINARY
- Application of Act
Part II - NATIONAL SHIPPING BOARD
- Establishment of National Shipping Board
- Functions of National Shipping Board
Part III - GENERAL ADMINISTRATION
- Director-General of Shipping
- Mercantile Marine Department
- Surveyors
- Radio inspectors
- Shipping offices
- Seamens employment offices
- Seamens welfare officers
Part V - REGISTRATION OF INDIAN SHIPS
- Procedure for registration
- Certificate of registry
- Transfers of ships, shares, etc
- Registry of alterations, registry anew and transfer of registry
- National character and flag
- Miscellaneous
Part VI - CERTIFICATES OF OFFICERS
- Masters, mates and engineers
PART VIA – OBLIGATION OF CERTAIN CERTIFICATE HOLDERS TO SERVE GOVERNMENT OR IN INDIAN SHIPS
- Definitions.
- Holders of certificates to serve the Government or in Indian ships for certain period.
- Exemption from section 87B.
- Particulars of certificate, etc. to be furnished.
Part VII - SEAMEN AND APPRENTICES
- Classification of seamen, seafarer, maritime labour standards and prescription of minimum manning scale.
- Shipping masters
- Apprenticeship to the sea service
- Seamen's employment offices
- Engagement of seamen
- Employment of young persons
- Engagement of seamen by masters of ships other than Indian ships
- Discharge of seamen
- Payment of wages
- Advance and allotment of wages
- Rights of seamen in repeat of wages
- Mode of recovering wages
- Power of courts to rescind contracts
- Disputes between seaman and employers
- Property of deceased seamen and apprentices
- Distressed seamen
- Provisions, health and accommodation
- Special provisions for the protection of seamen in respect of litigation
- Provisions for the protection of seaman in respect of other mattress
- Provisions as to discipline
- Official logs
- National Welfare Board for Seafarers
Part VIII - PASSENGER SHIPS
- Survey of passenger ships
- Keeping order in passenger ships
- Special trade passenger ships and pilgrim ships
Part IX - SAFETY
- Construction of ships
- Prevention of collisions
- Life saving appliance and fire appliance
- Installation of radio telegraphy, radio telephony and direction finders
- Signalling lamps
- Stability information
- Safety certificates, safety equipment certificates, safety radio certificates, exemption certificates, etc.
- Load lines
- Load Line certificates
- Special provisions as to ships other than Indian ships
- Loading of timber
- Dangerous goods and grain cargoes
- Sub-division load lines
- Unseaworthy ships
- Detention of unsafe ships by the Central Government
- Costs of detention and damages incidental thereto
PART IXA - NUCLEAR SHIPS
- Application of Act to nuclear ships.
- Nuclear passenger ship safety certificates and nuclear cargo ship safety certificates.
- Prohibition of proceeding to sea without certificates.
- Safety assessment and operating manual.
- Foreign nuclear ships to give advance notice of arrival.
- Control on arrival of nuclear ships.
- Notice of accidents to nuclear ships.
- Application of certain sections to or in relation to certain certificates under section 344B
PART IXB – SECURITY OF SHIPS AND PORT FACILITIES
- Application.
- Definitions.
- Ship identification number.
- Security measures.
- Port facility assessment.
- Obligations of companies, etc.
- Obligations of port facility.
- International Ship Security Certificate.
- Ship Security Alert System.
- Control measures.
PART X - COLLISIONS, ACCIDENTS AT SEA AND LIABILITY
- Division of loss in case of collision
- Damages for personal injury
- Collision to be entered in official log
- Report to Central Government of accidents to ships
- Limitation of liability of owner for damage
PART XA - LIMITATION OF LIABILITY
- Definitions.
- Limitation of liability of damages in respect of certain claims.
- Limits of liability.
- Limitation Fund and consolidation of claims.
- Release of ship, etc.
- Scope of application.
- Application of this Part to charterer, manager, etc., of a vessel.
PART XB - CIVIL LIABILITY FOR OIL POLLUTION DAMAGE
- Limitation of liability.
- Constitution of limitation fund.
- Acquisition of right for compensation by subrogation.
- Consolidation of claim and distribution of fund.
- Compulsory insurance or other financial guarantee.
- Acceptance of certificates issued outside India.
- Ban on entering or leaving an Indian port without certificate.
- Government ships.
PART XBA – CIVIL LIABILITY FOR BUNKER OIL POLLUTION DAMAGE
- Application.
- Definitions.
- Liability.
- Insurance.
PART XC - INTERNATIONAL OIL POLLUTION COMPENSATION FUND
- Definitions.
- Contribution to the Fund.
- Contribution payable by persons to the Fund.
- Power to call for information.
- Liability of the Fund.
- Jurisdiction of Courts.
- Extinguishment of claims.
- Subrogation and right of recourse.
Part XI – NAVIGATION
- Method of giving helm orders.
- Duty to report dangers to navigation.
- Communication of intelligence regarding dangers to navigation.
- Obligation to render assistance on receiving signal of distress.
- Obligation to render assistance to persons in danger.
PART XIA - PREVENTION AND CONTAINMENT OF POLLUTION OF THE SEA BY OIL
- Application.
- Definitions.
- Issue of pollution prevention certificate.
- Issue of certificates for foreign ships in India and Indian ships in foreign countries.
- Requirement for construction and equipment in ships to prevent pollution.
- Record books.
- Inspection and control of oil tankers and other ships to which this Part applies.
- Information regarding contravention of provisions of Convention.
- Oil reception facilities at ports in India.
- Provisions for containment of accidental pollution.
PART XIB - CONTROL OF HARMFUL ANTI-FOULING SYSTEMS OF SHIPS
- Application.
- Definitions.
- Control of anti-fouling systems.
- Issuance of International Anti-Fouling System Certificate.
- Issue of Anti-Fouling System Certificate for foreign ships in India and Indian ships in foreign countries.
- Controls of waste materials.
- Record of anti-fouling systems.
- Inspection and control of all ships above 400 gross tonnage.
- Information regarding contravention of the provisions of Convention.
Part XII - INVESTIGATIONS AND INQUIRIES
- Definition of “coasts”.
- Shipping casualties and report thereof.
- Report of shipping casualties to Central Government.
- Application to court for formal investigation.
- Court empowered to make formal investigation.
- Power of court of investigation to inquire into charges against masters, mates and engineers.
- Power of Central Government to direct inquiry into charges of incompetency or misconduct.
- Opportunity to be given to person to make defence.
- Power of court as to evidence and regulation of proceedings.
- Assessors.
- Power to arrest witnesses and enter ships.
- Power to commit for trial and bind over witnesses.
- Marine BOARD
- Miscellaneous provisions relating to cancellation and suspension of certificates
- Re-hearing of cases
- Courts of Survey
- Scientific referees
- Investigations into explosions or fires onboard ships
PART XIII - WRECK AND SALVAGE
- Definition of “coasts”.
- Receivers of wreck.
- Duty of receiver where vessel is in distress.
- Power to pass over adjoining lands.
- Power of receiver of wreck to suppress, plunder and disorder by force.
- Procedure to be observed by persons finding wreck.
- Investigation of certain matters in respect of vessels wrecked, etc.
- Notice to be given by receiver.
- Immediate sale of wreck by receiver in certain cases.
- Claims of owners to wreck.
- Prohibition of certain acts in respect of wreck.
- Search warrants where wreck is concealed.
- Salvage payable for saving life, cargo or wreck.
- Savings.
PART XIV - CONTROL OF INDIAN SHIPS AND SHIPS ENGAGED IN COASTING TRADE
- Application of Part.
- Indian ships and chartered ships to be licensed.
- Licensing of ships for coasting trade.
- Revocation or modification of licence.
- Licences to be surrendered when they cease to be valid.
- No port clearance until licence is produced.
- Powers of the Central Government to protect interests of Indian shipping from undue foreign intervention.
PART XV - SAILING VESSELS
- Application of Part.
- Decision of question whether a vessel is a sailing vessel.
- Certificate of registry.
- Particulars relating to sailing vessel to be painted.
- Change of name of sailing vessel.
- Prevention of overloading or overcrowding.
- Certificate of inspection.
- Cancellation, re-issue, etc., of certificate of inspection.
- Registry of alterations.
- Transfer of registry.
- Closure of registry.
- Restriction on transfer of sailing vessel.
- Mortgages of sailing vessels.
- Fraudulent use of certificate of registry or certificate of inspection, etc., prohibited.
- Statement relating to crew of sailing vessel to be maintained.
- Inquiry into jettisoning of cargo.
- Non-Indian sailing vessels not to engage in coasting trade without permission.
- Detention of overloaded non-Indian sailing vessels.
- Power of courts to rescind contracts between owner and tindal.
- Application to sailing vessels of other provisions relating to ships.
- Insurance of members of crew of a sailing vessel.
- Policy of insurance.
PART XVA - FISHING BOATS
- Application of Part.
- Definition.
- Obligation to register.
- Port of registry.
- Registrars of Indian fishing boats.
- Application for registry.
- Certificate of registry.
- Particular relating to Indian fishing boats to be painted.
- Change of name of Indian fishing boat.
- Special provision for Indian fishing boats.
- Certificate of inspection.
- Cancellation, re-issue, etc. of certificate of inspection.
- Inspection of safety equipment and appliances.
- Registration of alteration.
- Transfer of registry.
- Closure of registry.
- Restriction on Transfer of Indian fishing boats.
- Mortgage of Indian fishing boats.
- Fraudulent use of certificate of registry or certificate of inspection, etc., prohibited.
- Statement relating to crew of Indian fishing boat to be maintained.
- Power to make rules respecting Indian fishing boats.
- Application to Indian fishing boats of other provisions relating to ships.
- Fishery data to be furnished by Indian fishing boats.
- Power to exempt.
- Penalties.
- Place of trial.
- Cognizance of offences.
PART XVI - PENALTIES AND PROCEDURE
- Jurisdiction of Magistrate.
- Special provision regarding punishment.
- Offences by companies.
- Depositions to be received in evidence when witness cannot be produced.
- ower to detain foreign ship that has occasioned damage.
- Power to enforce detention of ship.
- Levy of wages, etc., by distress of movable property or ship.
- Notice to be given to consular representative of proceedings taken in respect of foreign ship.
- Application of fines.
- Service of documents.
PART XVII - MISCELLANEOUS
- Power to appoint examiners and to make rules as to qualifications of ship surveyors.
- No person to practise as ship surveyor unless qualified.
- Power of ship surveyor to inspect ship.
- Inquiry into cause of death on board Indian ship.
- Certain persons deemed to be public servants.
- Powers of persons authorised to investigate, etc.
- Power to prescribe alternative fittings, etc.
- Exemption of public ships, foreign and Indian.
- Power to exempt.
- Power to constitute committees to advise on rules, regulations and scales of fees.
- Protection of persons acting under Act.
- Removal of difficulties.
- Report by court to Central Government.
- Powers of court as to certificates granted by Central Government.
- Power of court to censure master, mate or engineer.
- Power of court to remove master and appoint new master.
Part XVIII - REPEALS AND SAVINGS
A detailed version of MS ACT of 1958 is enclosed herewith in pdf, you can click here and download that