Section 356: -J. Power to give a notice to owner, etc., of polluting ship

Q: What does Section 356 of The Merchant Shipping Act, 1958 (TMSA) deal with?

Section 356 TMSA pertains to "-J. Power to give a notice to owner, etc., of polluting ship". It is part of the The Merchant Shipping Act, 1958, a legislation enacted by the Parliament of India. Section 356 of The Merchant Shipping Act, 1958 (TMSA) governs -J. Power to give a notice to owner, etc., of polluting ship. As verified on 19 May 2026.

Q: Is Section 356 TMSA still in force?

Yes, Section 356 of the The Merchant Shipping Act, 1958 is currently in force across the Republic of India.

Q: What is धारा 356 TMSA?

धारा 356 TMSA is the Devanagari Hindi reference for Section 356 of the The Merchant Shipping Act, 1958. Section 356 of The Merchant Shipping Act, 1958 (TMSA) governs -J. Power to give a notice to owner, etc., of polluting ship. As verified on 19 May 2026.

Q: What is Dhara 356 TMSA?

Dhara 356 TMSA is the Roman Hindi reference for Section 356 of the The Merchant Shipping Act, 1958. "Dhara" means "Section" in Hindi. Section 356 of The Merchant Shipping Act, 1958 (TMSA) governs -J. Power to give a notice to owner, etc., of polluting ship. As verified on 19 May 2026.

Q: How to cite Section 356 of The Merchant Shipping Act, 1958?

Cite as: "Section 356, The Merchant Shipping Act, 1958 (TMSA)" in legal briefs. For academic writing, use the BlueBook format: The Merchant Shipping Act, 1958, § 356 (India).

Law on Tips Editorial Board

(1)

Where the Central Government is satisfied that-

(a) [oil or noxious liquid substance] is escaping or is likely to escape from a tanker, a ship other than a tanker or any off-shore installation; and

(b) the [oil or noxious liquid substance] [ Substituted by Act 59 of 2003, Section 4, for " oil " (w.e.f. 1.3.2004).] so escaped or likely to escape is causing or threatens to cause pollution of any part of coasts or coastal waters of India, it may, for the purpose of minimising the pollution already caused, or, for preventing the pollution threatened to be caused require-

(2)

Without prejudice to the generality of sub-section (1), the notice issued under that sub-section may require the person or persons on whom such notice is served to take action relating to any or all of the following matters, namely:-

(a) action for preventing the escape of oil from the tanker, ship other than a tanker, mobile off-shore installation or off-shore installation of any other type;

(b) action for removing [oil or noxious liquid substance] [ Substituted by Act 59 of 2003, Section 4, for " oil " (w.e.f. 1.3.2004).] from the tanker, ship other than a tanker, mobile off-shore installation or off-share installation of any other type in such manner, if any, and to such place, if any, as may be specified in the notice;

(c) action for removal of the tanker, ship other than a tanker, mobile off-shore installation or off-shore installation of any other type to a place, if any, as may be specified in the notice;

(d) action for removal of the [oil or noxious liquid substance] [ Substituted by Act 59 of 2003, Section 4, for " oil " (w.e.f. 1.3.2004).] slicks on the surface of the sea in such manner, if any, as may be specified in the notice;

(e) action to disperse the [oil or noxious liquid substance] [ Substituted by Act 59 of 2003, Section 4, for " oil " (w.e.f. 1.3.2004).] slicks on the surface of the sea in such manner, if any, as may be specified in the notice.

(3)

The Central Government may, by any notice issued under sub-section (1), prohibit the removal-

(a) of the tanker, ship other than a tanker, mobile off-shore installation or off-shore installation of any other type, from a place specified in the notice;

(b) from the tanker, ship other than a tanker, mobile off-shore installation or off-shore installation of any other type, of any cargo or stores as may be specified in the notice, except with its previous permission and upon such conditions, if any, as may be specified in the notice.

(4)

Notwithstanding anything contained in sub-section (2), the Central Government may, if it is of the opinion that the pollution caused or likely to be caused has or may present a grave emergency, proceed to take such measures as may be deemed necessary and any measures so taken shall be deemed to have been taken under section 356-K.