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The Merchant Shipping Act, 1958
Act ID: 1958
The Merchant Shipping Act, 1958
"An Act to consolidate and amend the law relating to merchant shipping."
Table of Contents
475 Sections
Ch. I
– Preliminary
S.1
Short title and commencement.
S.2
[ Application of Act
S.3
Definitions.
S.15
Registry of Indian ships
S.16
Port of registry
S.17
Certificate of registry
S.18
Particulars to be registered
S.19
Changes to be reported
S.263
[Omitted]
S.265
[Omitted]
S.266
[Omitted]
S.267
[Omitted]
S.268
[Omitted]
S.269
[Omitted]
Ch. II
– National Shipping Board
S.4
Establishment of National Shipping Board.
S.5
Functions of National Shipping Board.
S.6
Power to make rules in respect of matters in this Part.
Ch. III
– General Administration
S.7
Director General of Shipping.
S.8
Mercantile Marine Department.
S.9
Surveyors.
S.10
Radio inspectors.
S.11
Shipping offices.
S.12
Seamen's employment offices.
S.13
Seamen's welfare officers.
S.14
Section 14
S.20
Application of Part.
S.21
Indian ships.
S.22
Obligation to register.
S.23
Ports of registry.
S.24
Registrars of Indian ships.
S.25
Register book.
S.26
Application for registry.
S.27
Survey and measurement of ships before registry.
S.28
Marking of ship.
S.29
Declaration of ownership on registry.
S.30
Evidence on first registry.
S.31
Entry of particulars in register book.
S.32
Documents to be retained by registrar.
S.33
Power of Central Government to inquire into title of Indian ship to be so registered.
S.34
Grant of certificate of registry.
S.35
Custody and use of certificate.
S.36
Power to grant new certificate when original certificate is defaced, lost, etc.
S.37
Endorsement on certificate of change of master.
S.38
Endorsement on certificate of change of ownership.
S.39
Delivery of certificate of ship lost or ceasing to be an Indian ship.
S.40
Provisional certificate for ships becoming Indian ships abroad.
S.41
Temporary pass in lieu of certificate of registry.
S.42
Transfer of ships or shares.
S.43
Registry of transfer.
S.44
Transmission of property in Indian ship on death, insolvency, etc.
S.45
Order for sale where ship has ceased to be an Indian ship.
S.46
Transfer of ship on sale by order of Court.
S.47
Mortgage of ship or share.
S.48
Entry of discharge of mortgage.
S.49
Priority of mortgages.
S.50
Mortgagee not deemed to be owner.
S.51
[ Rights of mortgagee
S.52
Mortgage not affected by insolvency.
S.53
Transfer of mortgages.
S.54
Transmission of interest in mortgage in certain circumstances.
S.55
Rules as to name of ship.
S.56
Registry of alterations.
S.57
Regulations for registry of alterations.
S.58
Provisional certificate and endorsement where ship is to be registered anew.
S.59
Registry anew on change of ownership.
S.60
Procedure for registry anew.
S.61
Transfer of registry.
S.62
Restrictions on re-registry of abandoned ships.
S.63
National colours for Indian ships.
S.64
Unlawful assumption of Indian character.
S.65
Concealment of Indian, or assumption of foreign, character.
S.66
Indian ships to hoist proper national colours in certain cases.
S.67
National character of ship to be declared before clearance.
S.68
Liabilities of ships not recognised as Indian ships.
S.69
Proceedings on forfeiture of ship.
S.70
Notice of trust not received.
S.71
Liability of owners.
S.72
Evidence of register book, certificate of registry and other documents.
S.73
Power to register Government ships under this Part.
S.74
Power to make rules in respect of matters in this Part.
Ch. VI
– Certificates Of Officers
S.75
Section 75
S.76
[ Certificates of competency to be held by officers of ships
S.77
When officers deemed duly certificated.
S.78
[ Grades of certificates of competency
S.79
Examinations for, and grant of, certificates.
S.80
Certificates of service of naval office.
S.81
Form of certificates.
S.82
Record of orders affecting certificates.
S.83
Loss of certificates.
S.84
Production of certificates of competency to shipping master.
S.85
Power to cancel or suspend certificates obtained on false or erroneous information.
S.86
Recognition of certificates of competency or service granted in other countries.
S.87
C. Exemption from section 87-B.
Ch. VII
– Seamen And Apprentices
S.88
Power to classify seamen.
S.88A
[ Definitions. [Inserted by Act No. 32 of 2014.]
S.88B
Application of maritime labour standards to seafarers and ships
S.89
Duties of shipping masters.
S.90
Fees to be paid.
S.91
Assistance for apprenticeship to sea service.
S.92
Special provisions as to apprenticeship to the sea service.
S.93
Manner in which contract is to be recorded.
S.94
Production of contracts to authorised person before voyage in ship.
S.95
Business of seamen's employment offices.
S.96
Supply or engagement of seamen in contravention of Act prohibited.
S.97
[ Receipt of remuneration, donation, fees, etc., from seamen for shipping them prohibited
S.98
Qualifications for, and medical examination of, seamen.
S.99
Prohibition of engagement of seamen in Indian port without discharge certificate.
S.100
Agreements with crew.
S.101
Form and contents of the agreement.
S.102
[ Engagement of seaman where agreement is made out of India
S.103
Special provisions with regard to agreements with crew of Indian ships.
S.104
Renewal of running agreements in certain cases
S.105
Changes in crew to be reported.
S.106
Certificate as to agreement with crew.
S.107
Copy of agreement to be made accessible to the crew.
S.108
Alteration in agreement with the crew.
S.109
[ Prohibition of engagement of underage persons in certain cases. [Substituted by Act No. 32 of 2014.]
S.110
[x x x] [Omitted by Act No
S.111
Medical examination of young persons.
S.112
Maintenance of list or register of young persons in a ship.
S.113
[ Power to make rules respecting employment of young persons. [Substituted by Act No. 32 of 2014.]
S.114
Engagements between seamen and masters of ships other than Indian ships.
S.115
Power to prohibit engagement of persons as seamen.
S.116
Engagement of seamen outside India for Indian ships.
S.117
Power to board ships and muster seamen.
S.118
Discharge before shipping master.
S.119
Certificate of discharge.
S.120
Certificate as to work of seamen.
S.121
Discharge and leaving behind of seamen by masters of Indian ships.
S.122
Wages and other property of seaman or apprentice left behind.
S.123
Repatriation of seamen on termination of service at foreign port.
S.124
Discharge of seamen on change of ownership.
S.125
Master to deliver account of wages.
S.126
Disrating of seamen.
S.127
Deductions from wages of seamen.
S.128
Payment of wages before shipping master.
S.129
Time of payment of wages.
S.130
Settlement of wages.
S.131
Master to give facilities to seaman for remitting wages.
S.132
Decision of questions by shipping masters.
S.133
Power of shipping master to require production of ship's papers.
S.134
Rule as to payment to seamen in foreign currency.
S.135
Advance of wages.
S.136
Allotment notes respecting seamen's wages.
S.137
Commencement and payment of sums allotted.
S.138
Right to wages and provisions.
S.139
Right to recover wages and salvage not to be forfeited.
S.140
Wages not to depend on freight.
S.141
Wages on termination of service by wreck, illness, etc.
S.142
Wages not to accrue during absence without leave, refusal to work or imprisonment.
S.143
Compensation to seamen for premature discharge.
S.144
Restriction on sale of and charge upon wages.
S.145
Summary proceedings for wages.
S.146
Restrictions on suits for wages.
S.147
Wages not recoverable outside India in certain cases.
S.148
Remedies of master for wages, disbursements, etc.
S.149
Power of Court to rescind contract between master, owner or agent and seaman or apprentice.
S.150
Power to refer disputes between seamen and their employers to tribunals.
S.151
Conditions of service, etc., to remain unchanged during pendency of proceedings before tribunal.
S.152
Master to take charge of the effects of deceased seamen.
S.153
Dealing with and account of property of seamen who die during voyage.
S.154
Master to pay and deliver property of deceased seamen.
S.155
Property of deceased seamen left abroad but not on board ship.
S.156
Dealing with property of deceased seamen.
S.157
Recovery of wages, etc., of seamen lost with their ship.
S.158
Property of seamen dying in India.
S.159
Payment over of property of deceased seamen by shipping master.
S.160
Disposal of unclaimed property of deceased seamen.
S.161
Relief and maintenance of distressed seamen.
S.162
Mode of providing for return of seamen to proper return port.
S.163
Receiving distressed seamen on ships.
S.164
Provisions as to taking distressed seamen on ships.
S.165
What shall be evidence of distress.
S.166
Indian consular officer to decide return port to which or route by which seaman is to be sent.
S.167
Power to make rules with respect to distressed seamen.
S.168
Ships to have sufficient provisions and water.
S.169
Allowances for short or bad provisions.
S.170
Foreign-going Indian ship to carry duly certificated cook.
S.171
Weights and measures on board.
S.172
Beddings, towels, medicines, medical stores, etc., to be provided and kept on board certain ships.
S.173
Certain ships to carry medical officer.
S.174
Expenses of medical attendance in case of illness.
S.175
Accommodation for seaman.
S.176
Inspection by shipping master, etc., of provisions, water, weights and measures and accommodation.
S.176A
[ Ships to possess Maritime Labour Certificate and Declaration of Maritime Labour Compliance. [Inserted by Act No. 32 of 2014.]
S.177
Inspection by master of provisions, water and accommodation at sea.
S.178
Meaning of serving seaman.
S.179
Particulars to be furnished in plaints, etc.
S.180
Notice to be given in case of unrepresented seaman.
S.181
Power to set aside decrees and orders passed against serving seaman.
S.182
Modification of law of limitation where seaman is a party.
S.183
Reference in matters of doubt to shipping masters.
S.184
Facilities for making complaints.
S.185
Assignment or sale of salvage invalid.
S.186
No debt recoverable till end of voyage.
S.187
Seamen's property not to be detained.
S.188
Prohibition against solicitation by lodging house keepers.
S.189
Ship not to be boarded without permission before seamen leave.
S.190
Misconduct endangering life or ship.
S.191
Desertion and absence without leave.
S.192
Power to suspend deserter's certificate of discharge.
S.193
Conveyance of deserter or imprisoned seaman on board ship.
S.194
General offences against discipline.
S.195
Smuggling of goods by seamen or apprentices.
S.196
Entry of offences in official logs.
S.197
Report of desertions and absences without leave.
S.198
Entries and certificates of desertion abroad.
S.199
Facilities for proving desertion in proceedings for forfeiture of wages.
S.200
Application of forfeitures.
S.201
Decision of questions of forfeiture and deduction in suits for wages.
S.202
Payment of fines imposed under agreement to shipping master.
S.203
Seaman or apprentice not to be enticed to desert.
S.204
Deserters not to be harboured.
S.205
Stowaways and seamen carried under compulsion.
S.206
Procedure where seaman not shipped in India is imprisoned on complaint of master or owner.
S.207
Power to send on board seaman not shipped in India who is undergoing imprisonment.
S.208
On change of master, documents to be handed over to successor.
S.209
Transmission of documents on transfer of seaman from one ship to another.
S.210
Leaving behind in India of seaman or apprentice engaged abroad.
S.211
Deserters from foreign ships.
S.212
Official logs to be kept and to be dated.
S.213
Entries in official log books how and when to be made.
S.214
Entries required to be made in official log books.
S.215
Offences in respect of official logs.
S.216
Delivery of official logs to shipping masters.
S.217
Official logs to be sent to shipping master in case of transfer of ship or loss.
S.218
Functions of National Welfare Board for Seafarers
S.218A
[ Power to make rules for purposes of Maritime Labour Convention. [Inserted by Act No. 32 of 2014.]
Ch. VIII
– Passenger Ships
S.219
Application of Part.
S.220
No ship to carry passengers without a certificate of survey.
S.221
Power of surveyor.
S.222
Fees in respect of survey.
S.223
Declaration of survey.
S.224
Sending of declaration by owner, agent or master to Central Government.
S.225
Grant of certificate of survey by Central Government.
S.226
Power of Central Government to order a second survey.
S.227
Duration of certificates of survey.
S.228
Cancellation or suspension of certificate of survey by Central Government.
S.229
Alterations in ships subsequent to grant of certificate of survey, and additional surveys.
S.230
Power to require delivery of expired or cancelled certificate of survey.
S.231
Certificate of survey to be affixed in conspicuous part of ship.
S.232
Ship not to carry passengers in contravention of Act.
S.233
Offences in connection with passenger ships.
S.234
Power to exclude drunken passengers from passenger ships.
S.235
Ships with certificates of survey or certificates of partial survey granted outside India.
S.236
Power to make rules as to surveys.
S.237
Ports or places where [special trade passengers] or pilgrims may embark or be discharged
S.238
Notice to be given of day of sailing.
S.239
Power to enter on and inspect ship.
S.240
Ship not to sail without certificates A and B.
S.241
[ Contents of certificate A
S.242
Contents of certificate B.
S.243
Officers entitled to grant certificates.
S.244
Survey of ship.
S.245
Discretion as to grant of certificate B.
S.246
Copy of certificate A to be exhibited.
S.247
[Special trade passengers] or pilgrims to be supplied with prescribed provisions
S.248
Number of passengers on board not to exceed that allowed by or under this Part.
S.249
[Special trade passenger] or pilgrim not to be landed at a place other than that at which he has contracted to land
S.250
Forwarding of passengers by Indian consular officers.
S.251
Recovery of expenses incurred in forwarding passengers.
S.252
Ship not to make voyage in contravention of contract.
S.253
Information to be sent to ports of embarkation and discharge.
S.254
Reports, etc., under section 253 to be admissible in evidence.
S.255
Destination of ship, time of sailing, etc., to be advertised.
S.256
Ship taking additional passengers at intermediate place.
S.257
Statements concerning passengers.
S.258
Death of [special trade passengers] on voyage
S.259
Certain ships to carry medical officer and attendants.
S.260
Bringing passengers from foreign port in excess of authorised number prohibited.
S.261
Passenger welfare cess.
S.262
Power to make rules as to [special trade passenger ships]
S.264
[ Hospital accommodation
S.270
Bond where pilgrim ship proceeds on outward voyage.
S.271
Medical inspection and permission required before embarkation of pilgrims.
S.272
Medical inspection after embarkation in certain cases.
S.273
Pilgrims to arrange return passages.
S.274
Issue or production of tickets.
S.275
Refund of passage money and deposits.
S.276
Disposal of unclaimed passage money and deposits.
S.277
Cost of return journey of pilgrims on ships other than those for which return ticket is available.
S.278
Notice of sailing of pilgrim ship.
S.279
Compensation for delay in sailing.
S.280
Substitution of ships.
S.281
Sanitary taxes payable by master of pilgrim ship.
S.282
Power to make rules relating to pilgrim ships.
Ch. IX
– Safety
S.283
Countries to which Load Line Convention or Safety Convention applies.
S.284
Construction rules
S.285
Collision regulations
S.286
Observance of collision regulations.
S.287
Inspectors of lights and shapes and fog and distress signals.
S.288
Power to make rules as to life saving appliances
S.289
Rules relating to fire appliances.
S.290
Inspection of life saving appliances and fire appliances.
S.291
Radio requirements
S.292
Radio direction finding apparatus.
S.293
Radio log.
S.294
Powers of radio inspectors.
S.295
Application of this Part to ships other than Indian ships.
S.296
Power to make rules.
S.297
Signalling lamps.
S.298
Information about ship's stability
S.299
Safety certificates and qualified safety certificates for passenger ships
S.300
[ Cargo ship safety equipment and cargo ship equipment certificates for ships other than passenger ships
S.301
[ Cargo ship safety radio certificate and qualified cargo ship safety radio certificate, etc
S.302
Exemption certificates.
S.303
[ Duration of certificates
S.304
Modification of safety convention certificates as respects life saving appliances.
S.305
Recognition of certificates issued outside India.
S.306
Issue of certificates to foreign ships in India and Indian ships in foreign countries.
S.307
Prohibition on proceeding to sea without certificates.
S.308
Production of certificates by ships other than Indian ships.
S.309
Application of certain sections to certificates.
S.310
Ships exempt from provisions relating to load lines
S.311
Power to make rules as to load lines.
S.312
Marking of deck line and load lines.
S.313
Submersion of load lines.
S.314
Maintenance of load line marks.
S.315
Inspection of ships with respect to load lines.
S.316
Issue of load line certificates and effect thereof
S.317
[ Duration and cancellation of certificates
S.318
Ships not to proceed to sea without certificate.
S.319
Publication of load line certificate and particulars relating to depth of loading.
S.320
Insertion of particulars as to load lines in agreements with crew.
S.321
Issue of load line certificates to foreign ships in India and Indian ships in foreign countries
S.322
Recognition of load line certificates issued outside India.
S.323
Inspection and control of Load Line Convention ships other than Indian ships.
S.324
Certificate of Load Line Convention ships other than Indian ships to be produced to customs.
S.325
Marking of deck line and load lines of ships other than Indian ships.
S.326
Submersion of load line of ships other than Indian ships.
S.327
Inspection of ships other than Indian ships belonging to non-Convention countries.
S.328
Load line certificates of ships other than Indian ships.
S.329
Certificates to be produced to customs by ships other than Indian ships registered in non-Convention countries.
S.330
Power to make rules as to timber cargo
S.331
Carriage of dangerous goods
S.332
Carriage of grain.
S.333
Submersion of sub-division load lines in case of passenger ships
S.334
Unseaworthy ship not to be sent to sea
S.335
Obligation of owner to crew with respect to seaworthiness.
S.336
Power to detain unsafe ship and procedure for detention
S.337
Liability of Central Government for costs and damage when ship wrongly detained
S.338
Liability of shipowner for costs when ship rightly detained.
S.339
Method of calculating costs of detention and survey.
S.340
Power to require from complainant security for costs, etc.
S.341
Costs, etc., payable by Central Government recoverable from complainant.
S.342
Application to ships other than Indian ships of provisions as to detention.
S.343
Exemption of ships from certain provisions of this Part.
S.344
-I. Power to make rules.
Ch. X
– Collisions, Accidents At Sea And [* * *] Liability
S.345
Division of loss in case of collision.
S.346
Damages for personal injury.
S.347
Right of contribution.
S.348
Duty of master of ship to assist in case of collision.
S.349
Collision to be entered in official log.
S.350
Report to Central Government of accidents to ships.
S.351
Notice of loss of Indian ship to be given to Central Government.
S.352
-D. Release of ship, etc.
Ch. XI
– Navigation
S.353
Method of giving helm orders.
S.354
Duty to report dangers to navigation.
S.355
Obligation to render assistance on receiving signal of distress.
S.356
-J. Power to give a notice to owner, etc., of polluting ship
S.356P
Application
S.356Q
Definitions
S.356R
Control of anti-fouling systems
S.356S
Issuance of International Anti-Fouling System Certificate
S.356T
Issue of Anti-Fouling System Certificate for foreign ships in India and Indian ships in foreign countries
S.356U
Controls of waste materials
S.356V
Record of anti-fouling systems
S.356W
Inspection and control of all ships above 400 gross tonnage
S.356X
Information regarding contravention of the provisions of Convention
S.356Y
Power to make rules
Ch. XII
– Investigations And Inquiries
S.357
Definition of "coasts"
S.358
Shipping casualties and report thereof.
S.359
Report of shipping casualties to Central Government.
S.360
Application to Court for formal investigation.
S.361
Court empowered to make formal investigation.
S.362
Power of Court of investigation to inquire into charges against masters, mates and engineers.
S.363
Power of Central Government to direct inquiry into charges of incompetency or misconduct.
S.364
Opportunity to be given to person to make defence.
S.365
Power of Court as to evidence and regulation of proceedings.
S.366
Assessors.
S.367
Power to arrest witnesses and enter ships.
S.368
Power to commit for trial and bind over witnesses.
S.369
Report by Court to Central Government.
S.370
[ Power of Court as to certificates granted by Central Government
S.371
Power of Court to censure master, mate or engineer.
S.372
Power of Court to remove master and appoint new master.
S.373
Convening of Marine Boards outside India.
S.374
Constitution and procedure of Marine Board.
S.375
Decisions of Marine Board to be by majority.
S.376
Powers of Marine Board.
S.377
Powers of Central Government to cancel, suspend, etc., certificate of master, mate or engineer
S.378
Delivery of Indian certificate cancelled or suspended.
S.379
Effect of cancellation or suspension of certificate.
S.380
Suspended certificate not to be endorsed.
S.381
Power of Central Government to cancel or suspend other certificates.
S.382
Re-hearing.
S.383
Constitution of Court of survey
S.384
Appeal from surveyor to Court of survey.
S.385
Powers and procedure of Court of survey.
S.386
Power to make rules.
S.387
Reference in difficult cases to scientific persons
S.388
Power to investigate causes of explosion or fire on board ship
S.389
Report to be made regarding cause of explosion or fire.
Ch. XIII
– Wreck And Salvage
S.390
Definition of "coasts"
S.391
Receivers of wreck.
S.392
Duty of receiver where vessel is in distress.
S.393
Power to pass over adjoining lands.
S.394
Power of receiver of wreck to suppress, plunder and disorder by force.
S.395
Procedure to be observed by persons finding wreck.
S.396
Investigation of certain matters in respect of vessels wrecked, etc.
S.397
Notice to be given by receiver.
S.398
Immediate sale of wreck by receiver in certain cases.
S.399
Claims of owners to wreck.
S.400
Prohibition of certain act in respect of wreck.
S.401
Search warrants where wreck is involved.
S.402
Salvage payable for saving life, cargo or wreck
S.403
Savings. - Nothing in this Part shall
S.404
Power to make rules respecting wreck and salvage.
S.405
Application of Part.
S.406
Indian ships and chartered ships to be licensed.
S.407
Licensing of ships for coasting trade.
S.408
Revocation or modification of licence.
S.409
Licences to be surrendered when they cease to be valid.
S.410
No port clearance until licence is produced.
S.411
Power to give directions.
S.412
Power to fix shipping rates.
S.413
Power of Director General to call for information.
S.414
Power to make rules.
Ch. XV
– Sailing Vessels
S.415
Application of Part.
S.416
Decision of question whether a vessel is a sailing vessel.
S.417
Certificate of registry.
S.418
Particulars relating to sailing vessel to be painted.
S.419
Change of name of sailing vessel.
S.420
Prevention of overloading or overcrowding.
S.421
Certificate of inspection.
S.422
Cancellation, re-issue, etc., of certificate of inspection.
S.423
Registry of alterations.
S.424
Transfer of registry.
S.425
Closure of registry.
S.426
Restriction on transfer of sailing vessels.
S.427
Mortgages of sailing vessels.
S.428
Fraudulent use of certificate of registry or certificate of inspection, etc., prohibited.
S.429
Statement relating to crew of sailing vessel to be maintained.
S.430
Inquiry into jettisoning of cargo.
S.431
Non-Indian sailing vessels not to engage in coasting trade without permission.
S.432
Detention of overloaded non-Indian sailing vessels.
S.433
Power of Courts to rescind contracts between owner and tindal.
S.434
Application to sailing vessels of other provisions relating to ships.
S.435
Power to make rules respecting sailing vessels.
Ch. XVI
– Penalties And Procedure
S.436
Penalties
S.437
Place of trial
S.438
Cognizance of offences.
S.439
Jurisdiction of Magistrates.
S.440
Special provision regarding punishment.
S.441
Offences by companies.
S.442
Depositions to be received in evidence when witness cannot be produced.
S.443
Power to detain foreign ship that has occasioned damage.
S.444
Power to enforce detention of ship.
S.445
Levy of wages, etc., by distress of movable property or ship.
S.446
Notice to be given to consular representative of proceedings taken in respect of foreign ship.
S.447
Application of fines.
S.448
Service of documents.
Ch. XVII
– Miscellaneous
S.449
Power to appoint examiners and to make rules as to qualifications of ship surveyors.
S.450
No person to practise as ship surveyor unless qualified.
S.451
Power of ship surveyor to inspect ship.
S.452
Inquiry into cause of death on board Indian ship.
S.453
Certain persons deemed to be public servants.
S.454
Powers of persons authorised to investigate, etc.
S.455
Exemption of public ships, foreign and Indian.
S.456
Power to exempt.
S.457
General power to make rules.
S.458
Provisions with respect to rules and regulations.
S.459
Power to constitute committees to advise on rules, regulations and scales of fees.
S.460
Protection of persons acting under Act.
Ch. XVIII
– Repeals And Savings
S.461
Repeals and savings.