• Merchant Shipping Act, 1958: Bare Act

  • Merchant Shipping Act, 1958

    Preamble.- An Act to forester the development and ensure the efficient maintenance of an Indian mercantile marine in a manner best suited to seven the national interests and for that purpose to established a National Shipping Board and a Shipping Development Fund, to provide for the registration of Indian ships and generally to amend and consolidate the law relating to merchant shipping.

    BE it enacted by Parliament in the Ninth Year of the Republic of India as follows:-

    PART I: PARAMILITARY

    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.

    2. Application of Act.- (1) Unless otherwise expressly provided, the provisions of this Act which apply to ships which are registered in India or which in terms of this Act are required to be s registered shall so apply wherever the ships may be.

    (2) Unless otherwise expressly provided, the provisions of this Act which apply to ships other than those referred to in sub-section (1) shall so apply only while any such ships is within India, including the territorial waters thereof.

    3. Definitions.- In this Act, unless the context otherwise requires,-

    (1) "coasting ship" means a ship exclusively employed in trading between any port or place in India and any other port or place on the continent of India or between ports or places in India and ports or places in Ceylon or Burma;

    (2) "coasting trade of India" means the carriage by sea of passengers or goods from any port or place in India to any other port or place on the continent of India;

    (3) 'collision regulations" means the regulations made under section 285 for the prevention of collisions at sea;

    (4) "company" means a company as defined in section 3 of the Companies Act, 1956 (1 of 1956);

    (5) "Country to which the Load Line Convention applies" means,-

    (a) a country the Government of which has been declared or is deemed to have been declared under section 283 to have accepted the Load Line Convention and has not been so declared to have denounced that Convention;

    (b) a country to which it has been so declared that the Load Line Convention has been applied under the provisions of article twenty-one thereof, not being a country to which it has been so declared that that Convention has ceased to apply under the provisions of that article;

    (6) "Country to which the Safety Convention applies" means,-

    (a) a country the Government of which has been declared under section 283 to have accepted the Safety Convention and has not been so declared to have denounced that Convention;

    (b) a territory to which it has been so declared that the Safety Convention extends, not being a territory to which it has been so declared that that Convention has ceased to extend;

    (7) "court" in relation to sections 178 to 183 (inclusive) means a civil or revenue court;

    (8) "Director-General" means the director-General of Shipping appointed under section 7;

    (9) "distressed seaman" means a seaman engaged under this Act who, by reason of having been discharged or left behind from, or shipwrecked, in any ship at a place outside India, is in distress at that place;

    (10) "effects", in relation to a seaman, includes cloths and documents;

    (11) "equipment", in relation to a ship, includes boats, tackle, pumps, apparel, furniture, life saving appliances of ever description, spars, masts, rigging and sails, fog signals, lights, shapes and signals of distress, medicines and medical and surgical stores and appliances, charges, radio installations, appliances for preventing, detecting or extinguishing fires, buckets, compasses, axes, lanterns, loading and discharging gears and appliances of all kinds and all others stores or articles belonging to or to be used in connection with or necessary for the navigation as safety of the ship;

    (12) "fishing vessel" means a ship fitted with mechanical means of propulsion which is exclusively engaged in as fishing for profit;

    (13) "foreign-going ship" means a ship, not being a home-trade ship, employed in trading between any port or place in India and any other port or place or between ports or places, outside India;

    (14) "free board" means-

    (a) in relation to a decked vessel, the distance above the waterline measured vertically at the side of the vessel amidships from the position of the upper adage of the uppermost complete deck; and

    (b) in the case of any other vessel, the distance above the waterline measured vertically at the side of the vessel amidships from the upper edge of the permanent bulwark of the vessel;

    (15) "High Court", in relation to a vessel, means the High Court within the limits of whose appellate jurisdiction-

    (a) the port of registry of the vessel is situate; or

    (b) the vessel is for the time being; or

    (c) the cause of action wholly or in part arises;

    (16) "home-trade ship" means a ship not exceeding three thousand tons gross which is employed in trading between any port or place in India and an other port or place on the continent of India or between ports or places in India and ports or places in Ceylon, Maladive Islands, Federation of Malaya, Singapore or Burma;

    (17) "Indian Consular Officer" means the consul-general consul, vice-consul, consular agent and proconsul appointed as such by the Central Government, and includes any person authorised by the Central Government to perform the functions of consul-general, consul, vice-consul, consular agent or pro-consul;

    (18) "Indian ship" means a ship registered as such under this Act and includes any ship registered at any port in India at the commencement of this Act which is recognised as an Indian ship under the proviso to sub-section (2) of section 22;

    (19) "load line certificate" means the certificate issued under section 316 or section 321;

    (20) "Load Line Convention" means the Convention signed in London on the 5th day of July, 1930, for promoting safety of life and property at sea, as amended from time to time;

    (21) "Marine Board" means a Board of Marine Inquiry convened under section 373;

    (22) "master" includes any person (except a pilot or harbour master) having command or charge of a ship;

    (23) "owner" means-

    (a) in relation to a ship, the person to whom the ship or a share in the ship belongs;

    (b) in relation to a sailing vessel, the person to whom the sailing vessel belongs;

    (24) "passenger" means any person carried onboard a ship except-

    (a) a person employed or engaged in any capacity on board the ship on the business of the ship;

    (b) a person on board the ship either in pursuance of the obligations laid upon the master to carry shipwrecked, distressed or other persons or by reason of any circumstances which neither the master nor the character, if any, could have prevented or forestalled;

    (c) a child under one year of age;

    (25) "passenger ship" means a ship carrying more than twelve passengers;

    (26) "pilgrim" means a person making a pilgrimage and, in the case of a passenger on board a pilgrim ship, includes every person accompanying or travelling with the person making the pilgrimage;

    (27) "pilgrimage" means pilgrimage to any holy place in the Hedges;

    (28) "pilgrim ship" means a ship which makes a voyage to or from the Hedges during the season of the pilgrimage and which carries pilgrims in a proportion of not less than one pilgrim for every one hundred tons of the gross tonnage of the ship;

    (29) "port of registry", in relation to a ship or a sailing vessel, means the port at which she is registered or is to be registered;

    (30) "prescribed" means prescribed by rules made under this Act;

    (31) "proceeding" in relation to sections 173 to 183 (inclusive) includes any suit, appeal or application;

    (32) "proper officer" means the officer designated by the Central Government to be the proper officer at the port or place and in respect of the matter to which reference is made in the provision of this Act in which the expression occurs;

    (33) "proper return port", in relation to a master, seaman or apprentice discharged or left behind, means the port at which the master, seaman or apprentice was engaged, or the port agreed to as such by the master, seaman or apprentice, as the case may be;

    (34) "radio inspector" means a person appointed as such under section 10;

    (35) "registrar" means the registrar referred to in section 24;

    (36) (a) "repatriation expenses" means expenses incurred in returning a distressed seaman to a proper return port and in providing him with necessary clothing and maintenance until his arrival at such port, and includes in the case of shipwrecked seaman the repayment of expenses incurred in conveying him to port after shipwreck and maintaining him while being so conveyed; and

    (b) "excepted expenses" , in relation to repatriation expenses, means repatriation expenses incurred in cases where the cause of the seaman behind is desertion or absence without leave or imprisonment for misconduct, or discharge from his ship by a Marine Board on the ground of misconduct;

    (37) "Safety Convention" means the Convention for the Safety of Life at Sea signed in London on the 10th day of June 1949, as amended from time to time;

    (38) "safety convention certificate" means a safety certificate a qualified safety certificate, a safety equipment certificate, a qualified safety equipment certificate, a safety radio telegraphy certificate, a safety radio telephony certificate or an exemption certificate issued under Part IX;

    (39) "Sailing vessel' means any description of vessel provided with sufficient sail area for navigation under sails alone, whether or not fitted with mechanical means of propulsion, and includes a rowing boat or canoe but does not include a pleasure craft;

    (40) "salvage" includes all expenses properly incurred by the salvor in the performance of salvage services;

    (41) "sea-going", in relation to a vessel, means a vessel proceeding to sea beyond inland waters or beyond waters declared to be smooth or partially smooth waters by the Central Government by notification in the Official Gazette;

    (42) "seaman" means every person (except a master, pilot or apprentice) employed or engaged as a member of the crew of a ship under this Act, but in relation to sections 178 to 183 (inclusive) includes a master;

    (43) "seamen' employment officer" means the seamen's employment officer referred to in section 12;

    (44) "seamen's welfare officer" means the seamen' welfare officer referred to in section 13; (45) "ship" does not include a sailing vessel;

    (46) "shipping master" means the shipping master referred to in section 11; but in relation to any seaman for the purposes of sections 178 to 183 (inclusive) means a shipping master appointed.-

    (i) for the port at which the seaman entered into, or is believed to have entered into, an agreement, or

    (ii) where the seaman did not enter into his agreement in India, for the port to which the seaman has returned, or is excepted to return, on the completion of his latest voyage;

    (47) "shipping officer" means the shipping office referred to in section 11;

    (48) "surveyor" means the surveyor referred to in section 9;

    (49) "tidal water" means any part of the sea and any part of a river within the ebb and flow of the tide at ordinary spring tides and not being a harbour;

    (50) "tindal" means the person in command or charge of a sailing vessel;

    (51) "unberthed passenger" means a passenger of the age of twelve years or upwards for whom no separate accommodation in any cabin, state room or saloon is reserved, and in the computation of passengers for any of the purposes of Part VIII, two persons of the age of one year or upwards and under the age of twelve years shall be reckoned as one unberthed passenger;

    (52) "unberthed passenger ship' means a ship carrying more than thirty unberthed passengers;

    (53) "valid international load line certificate" means a certificate purporting to have been issued in accordance with the Load Line Convention in respect of a ship, other than an Indian ship, by the Government of the country in which the ship is registered;

    (54) "valid safety convention certificate" means a certificate purporting to have been issued in accordance with the Safety Convention in respect of a ship, other than Indian ship, by the Government of the country in which the ship is registered;

    (55) "vessel" includes any ship, boat, sailing vessel, or other description of vessel used in navigation;

    (56) "voyage" for the purposes of Part VIII, means the whole distance between the ship's port or place of departure and her final port or place of arrival;

    (57) "wages" includes emoluments'

    (58) "wreck" includes the following when found in the sea or in tidal water or on the shores thereof-

    (a) goods which have been cast into the sea and then sink and remain under water;

    (b) goods which have been cast or fall into the sea and remain floating on the surface;

    (c) goods which are sunk in the sea, but are attached to a floating object in order that they may be found again;

    (d) goods which are thrown away or abandoned; and

    (e) a vessel abandoned without hope or intention of recovery;

    (59) "young person" means a person under eighteen years of age.

    PART II: NATIONAL SHIPPING BOARD

    4. Establishment of National Shipping Board.- (1) With effect from such date as the Central Government may, by notification in the Official Gazette, specify in this behalf, there shall be established a Board to be called the National Shipping Board (hereinafter in this Part referred to as the Board).

    (2) The Board shall consist of the following members, namely:-

    (a) six members elected by Parliament, four by the House of the People from among its members and the other two by the Council of States from among its members;

    (b) such number of other members, not exceeding sixteen as the Central Government may think fit to appoint to the Board, to represent-

    (i) the Central Government,

    (ii) shipowners,

    (iii) seamen, and

    (iv) such other interest as, in the opinion of the Central Government, ought to be represented on the Board.

    Provided that the Board shall include an equal number of persons representing the shipowners and seamen.

    (3) The Central Government shall nominate one of the members of the Board to be the Chairman of the Board.

    (4) The Board shall have power to regulate its own procedure.

    PART III: GENERAL ADMINISTRATION

    7. Director-General of Shipping.- (1) The Central Government may, by notification in the Official Gazette, appoint a person to be the Director-General of Shipping for the purpose of exercising or discharging the powers, authority or duties conferred or imposed upon the Director-General by or under this Act.

    (2) The Central Government may, by general or special order, direct that any power, authority or jurisdiction exercisable by it under or in relation to any such provisions of this Act as may be specified in the order shall, subject to such conditions and restrictions as may be so specified, be exercisable also by the Director-General or by such other officer as may be specified in the order.

    (3) The Director-General may, by general or special order, and wit the previous approval of the Central Government, direct that any power or authority conferred upon or delegated to, and any duty imposed upon, the Director-General by or under this Act may, subject to such conditions as restrictions as he may think fit to impose, be exercised or discharged also by such officer other futurity as he may specify in this behalf.

    8. Mercantile Marine Department.- (1) The Central Government may establish and maintain at each of the ports of Bombay, Calcutta and Madras and at such other port in India as it may consider necessary an officer of the Mercantile Marine Department for the administration of this Act and the rules and regulations thereunder.

    (2) The office of the Mercantile Marine Department at the port of Bombay, Calcutta or Madras shall be in the charge of a principal officer, and the office at any other port shall be in the charge of such officer as the Central Government may appoint in this behalf.

    (3) In the discharge of their duties, the principal officer and other officers shall be subject to the control of the Director-General.

    9. Surveyors.- (1) The Central Government may, by notification in the Official Gazette, appoint at such ports as it may consider necessary as many persons as it may think fit to be surveyors for the purposes of this Act.

    (2) The surveyors may be nautical surveyors, ship surveyors or engineer and ship surveyors.

    (3) At any port at which no surveyor appointed under this section is available, the Central Government may, by notification in the Official Gazette, appoint any qualified person to perform the functions of a surveyor under this Act.

    (4) All acts done under this cut by a principal officer of the Mercantile Marine Department or a person appointed under sub-section (3) relating to matters within the competence of a surveyor shall have the same effect as if done by a surveyor for the purposes of this Act.

    10. Radio inspectors.- The Central Government may, by notification in the Official Gate, appoint as many radio inspectors as it may consider necessary for the purpose of securing that the requirements of this Act and the rules and regulations thereunder relating to radio telegraphy, radio telephony and direction finders are complied with.

    13. Seamens welfare officers.- (1) The Central Government may appoint seamen's welfare officers at such ports in or outside India as it may consider necessary.

    (2) A seamen's welfare officer appointed under sub-section (1) shall perform-

    (a) in the case of any such officer appointed at any port in India, such functions in relation to welfare of seamen as may be assigned to him by the Central Government;

    (b) in the case of any such officer appointed at any port outside India, such functions in relation to welfare of seamen and such functions of an Indian consular officer under Part VII as may be assigned to him by the Central Government.

    (3) If any seamen's welfare officer appointed at any port outside India performs any functions assigned to an Indian consular officer under Part VII, such functions shall have the same effect as if they had been performed by an Indian consular officer for the purposes of that Part.

    PART IV: SHIPPING DEVELOPMENT FUND

    14. Formation of Shipping Development Fund.- There shall be formed a fund to be called the Shipping Development Fund (hereinafter in this Part referred to as the Fund) and there shall be credited thereto-

    (a) the amount of such grants as the Central Government may make for being credited to the Fund;

    (b) the amount of any loans advanced by the Central Government to the Committee constituted under section 15 for carrying out the objects of the Fund;

    (c) such sums of money as may, from time to time, be realised out of repayment of loans made from the Fund or from interest on loans or dividends from investments made from the Fund;

    (d) such other sums as may be received for being credited to the Fund.

    15. Shipping Development Fund Committee.- (1) The Central Government shall constitute a committed to be called the Shipping Development Fund Committee (hereinafter in this Part referred to as the Committee) consisting of a chairman and such number of other members, not exceeding six, as the Central Government may think fit to appoint thereto.

    (2) The Committee so constituted shall be a body corporate by the name aforesaid having perpetual succession and a common seal with power to acquire, hold and dispose of property and may be that name sue and be sued.

    (3) The Committee shall have power to regulate its own procedure.

    17. Acts and proceedings of Committee not to be invalid.- No act done or proceeding taken by the Committee shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of, the Committee.

    PART V: REGISTRATION OF INDIAN SHIPS

    22. Obligation to register.- (1) Every Indian ship, unless it is a ship which does not exceed fifteen tons net and is employed solely in navigation on the coast of India, shall be registered under this Act.

    (2) No ship required by sub-section (1) to be registered shall be recognised as an Indian ship unless she has been registered under this Act;

    Provided that any ship registered at the commencement of this Act at any port in India under any enactment repealed by this Act, shall be deemed to have been registered under this Act and shall be recognised as an Indian ship.

    (3) A ship required by this Act to be registered may be detained until the master of the ship, if so required, produces a certificate of registry in respect of the ship.

    Procedure for registration

    24. Registrars of Indian ships.- At each of the ports of Bombay, Calcutta and Madras, the principal officer of the Mercantile Marine Department, and at any other port such authority as the Central Government may, by notification in the Official Gazette, appoint, shall be the registrar of Indian ships at that port.

    33. Power of Central Government to inquire into title of Indian ship to be so registered.- (1) Where it appears to the Central Government that thresher is any doubt as to the tittle of any Indian ship tom be registered as an Indian ship, it may direct the registrar of her port of registry to require evidence to be given to his satisfaction within such time, not being less than thirty days as the Central Government may fix, that the ship is entitled to be registered as an Indian ship.

    (2) If within such time as may be fixed by the Central Government under sub-section (1) evidence to the satisfaction of the registrar that the ship is entitled to be registered as an Indian ship is not given, the ship shall be liable to forfeiture.

    Certificate of registry

    34. Grant of certificate of registry.- On complete of the registry of an India ship, the registrar shall grant a certificate of registry containing the particulars respecting her as entered ion the register book with the name of her master.

    Transfers of ships, shares, etc.

    42. Transfer of ships or shares.- (1) No person shall transfer or acquire any Indian ship or any share or interest therein without the previous approval of the Central Government and any transaction effected in contravention of this provision shall be void and unenforceable.

    (2) The Central Government may, if it considers it necessary or expedient so to do for the purpose of conserving the tonnage of Indian shipping, refuse to give its approval to any such transfer or acquisition.

    (3) Subject to the other provisions contained in this section, an Indian ship or a share therein shall be transferred only by an instrument in writing.

    (4) The instrument shall contain such description of the ship as is contained in the surveyor's certificate or some other description sufficient to identify the ship to the satisfaction of the registrar and shall be in the prescribed form or as near thwart as circumstances permit and shall be executed by the transferor in the presence of and be attested by at least two witness.

    43. Registry of transfer.- (1) Every instrument for the transfer of an Indian ship or of a share therein when duly executed shall be produced to the registrar of her port of registry, and the registrar shall thereupon enter in the register book the name of the transferee as owner of the ship r share, as the case may be, and shall endorse on the instrument the fact of that entry having been made with the day and hour thereof.

    (2) Every such instrument shall be entered in the register book in the order of its production to the registrar.

    45. Order for sale where ship has ceased to be an Indian ship.- (1) Where by reason of the transmission of any property in a ship or a share therein on death, insolvency or otherwise, a ship ceases to be an Indian ship, the registrar of her port of registry shall submit a report to the Central Government setting out the circumvent in which the ship has ceased to be an Indian ship.

    (2) On receipt of such report, the Central Government may make an application to the High Court for a direction form the sale to any citizen of India or any company which satisfies the requirements specified in clause (b) of section 21 of the property so transmitted.

    (3) The High Court may require any evidence in support of the application it thinks requisite and may make such order thereon and on such terms and conditions as it thinks just or may reject the application in any case it finds that the ship has not ceased to be an Indian ship; and in case the ship or the share is ordered to be sold, it shall direct that the proceeds of the sale after deducting the expenses thereof, be paid to the person entitled under such transmission or otherwise.

    (4) Every application for sale shall be made within such time as may be prescribed;

    Provided that an application may be admitted by the High Court after the time prescribed, if the Central Government satisfies the High Court that it had sufficient cause for not making the application within such time.

    53. Transfer of mortgages.- (1) A registered mortgage of a ship or share may be transferred to any person and the instrument effecting the transfer shall be in the prescribed form or as near thereto as circumstances permit, and on the production of much instrument, the registrar shall record it by entering in the register book the name o the transferee as mortgagee of the ship or share and shall, by memorandum under his hand, notify on the instrument of transfer that it has been recorded by him stating the day and hour of the record.

    (2) The person to whom any such mortgage has been transferred shall enjoy the same right f preference as was enjoyed by the transferor.

    55. Rules as to name of ship.- (1) An Indian ship shall not be described by any name other than that by which she is for the time being registered.

    (2) The registrar may refuse the registry f any Indian ship by the name by which it is proposed to register the ship if that name is already borne by another ship or if the name be so similar as is calculated or likely to deceive.

    (3) A change shall not be made in the name of an Indian ship except in the prescribed manner.

    (4) If any person acts or suffers any person under his control to act in contravention of this section or omits to do or suffers any person under his control to omit to do anything required under this sub-section, the ship may be detained until the provisions of this section are complied with:

    Provided that nothing in this sub-section shall apply to a foreign ship which has become, and is sought to be registered as, an Indian ship.

    National character and flag

    63. National colours for Indian ships.- (1) The Central Government may, by notification in the Official Gazette, declare what shall be the proper national colours for all ships registered under this Act and for all ships which are not so registered but which are owned by the Government or by any local authority or by any body corporate established by r under any law for the time being in force in India or by a citizen of India; and different colours may be decelerated for different classes of ships.

    (2) Any Commissioned officer of the Indian Navy, or any customs collector, or any Indian consular officer, may board any ship on which any colours are hoisted contrary to this Act and seize and take away the colours which shall be forfeited to the Government.

    67. National character of ship to be declared before clearance.- (1) A customs collector shall not grant a clearance for any ship until the master of such ship has declared to that officer the name of the country to which he lames that she belongs, and that officer shall thereupon inscribe that name on the clearance.

    (2) If a ship attempts to proceed to sea without such clarion e, she may be detained by any customs collector until the declaration is made.

    Miscellaneous

    68. Liabilities of ships not recognised as Indian ships.- Where it is declared by this Act that an Indian ship shall not be recognised as such, that ship shall to be entitled to any privileges, benefits, advantages or protection usually enjoyed by Indian ships or to use the Indian national colours for Indian ships or to assume the Indian national character, but so far as regards the payment of dues, the liability to fine and forfeiture and the punishment of offences committed on board such ship, or by any persons belonging to her, such ship shall be dealt with in the same manner in all respites as if she were a recognised Indian ship.

    69. Proceedings on forfeiture of ship.- Where any ship has either wholly or as to any share therein become subject to forfeiture under this Part, any commissioned officer of the Indian Navy, any customs collector or any Indian consular officer or any other officer authorised by the Central Government, may seize and detain the ship, and bring her for adjudication before the High Court, and the High Court may thereupon adjudge the ship with her equipment to be forfeited to the Government, and make such order in the case as to the High Court seems just and may award to the officer bringing in the ship for adjudication such portion of the proceedings of the sale of the ship or any share therein as the High Court thinks fit.

    72. Evidence of register book, certificate of registry and other documents.- (1) On application to the registrar and on payment of the prescribed fee, a person may, at any time during office hours, inspect any register book, and may obtain a certified copy of any entry in the register book.

    Evidence of registers book, certificate of registry and other documents

    (2) The following documents shall be educible in evidence in any court in manner provided by this Act, namely:-

    (a) any register book on its production from the custody of the registrar or other person having the lawful custody thereof;

    (b) a certificate of registry under this Act purporting to be signed by the registrar our any other officer authorised in this behalf by the Central Go permanent;

    (c) an endorsement on a certificate of registry purporting to be signed by the registrar or any other officer authorised in this behalf by the Central Government;

    (d) every declaration made in pursuance of this Part in respect of an Indian ship.

    (3) A certified copy of an entry in a registrar book shall be admissible in evidence in any court and have the same effect to all intents as the original entry in the register book of which it is a copy.

    PART VI: CERTIFICATES OF OFFICERS

    Masters, mates and engineers

    76. Certificates of competency to be held by officers of ships.- (1) Every foreign-going Indian ship, every home-trade Indian ship of two hundred tons gross or more when going to sea from any port or place in India and every ship carrying passengers between ports or places in India shall be provided with officers duly certificate under this Act according to the following scale, namely:-

    (a) in every case, with a duly certificate master;

    (b) if the ship is a foreign-going ship or a home-trade passenger ship of one hundred and fifty tons gross or more, with at least one officer besides the master holding a certificate not lower than that of first mate in the case of a foreign-going ship and of mate in the case of a home-trade passenger ship;

    (c) if the ship is a home-trade ship, not being a passenger ship, of four hundred and fifty tons gross or more, with at least one officer besides the master holding a certificate not lower than that of mate;

    (d) if the ship is a foreign-going ship and carries more than one mate, then with the second mate duly certificate.

    (2) Every foreign-going Indian ship when going to sea from any port or place in India shall be provided with engineers duly certificate under this Act according to the following scale, namely:-

    (a) if the ship is of one hundred nominal horse-power or more, with at least two engineers one of whom shall be a first class engineer designated as the chief engineer, and the other a first class or second class engineer designated as the second engineer;

    (b) if the ship is of less than one hundred nominal horsepower, with at least one first class or second class engineer designated as the chief engineer.

    (3) Every home-trade Indian ship wen going to sea from any port or place in India and every ship carrying passengers between ports or places in India shall be provided with engineers or engine drivers duly certificate according to the following scale, namely:-

    (a) if the ship is of fifty nominal horse-power or more, with at least one first class or second class engineer designated as the chief engineer;

    (b) if the ship is of less than fifty nominate horse-power, with at least one first class or second class engineer designated as the chief engineer, or with at least one engine diver of a sea-going ship.

    (4) Every fishing vessel when going to sea from any port or place in India shall be provided-

    (a) if the vessel exceeds twenty-five tons gross but does not exceed fifty tons gross, with ma certificate skipper;

    (b) if the vessel exceeds fifty tons gross, with a certificate skipper and a certificate second hand;

    (c) if the vessel is of fifty nominal horse-power or more, with at least one engineer duly certificated, being an engineer of a fishing vessel, who shall be designated as the chief engineer;

    (d) if the vessel is of less than fifty nominal horse-power, with at least one engineer duly certificated, being an engineer of a fishing vessel, who shall be designated as the chief engineer or with at least one engine driver of a fishing vessel duly certificated.

    Explanation.- For the purposes of clause (c) , persons holding certificates of competency as first class or second class engineers shall be deemed to be duly certificated and for the purposes of clause (d), persons holding certificates of competency as engine rivers of sea-going ships shall be deemed to be duly certificate.

    (5) Nothing in this section which relates to engineers or engine drivers shall apply to any ship to which the provisions of the Inland Steam-vessels Act, 1917 (1 of 1917), apply.

    Explanation.- In this section "nominal horse-power", in relation to any ship, means the horse-power of the engines of the ship calculated in the prescribed manner.

    77. When officers deemed duly certificated.- Subject to the provisions contained in section 86, an officer shall not be deemed to be duly certificated under this Act unless he holds a certificate of a grade appropriate to his station in the ship or of a higher grade granted in accordance with this Act.

    Apprenticeship to the sea service

    91. Assistance for apprenticeship to sea service.- All shipping master shall give to persons desirous of apprenticing boys not under fifteen years of age to the sea service or requiring apprentices not under that age for the sea service such assistance as may be in their power, and may receive from those persons such fees as the Central Government may fix.

    93. Manner in which contract is to be recorded.- For the purpose if the record-

    (a) the master or owner of the ship to whom an apprentice to the as service is bound shall transmit the contract executed in duplicate within seven days of the execution thereof, to the shipping master, who shall record one copy and endorse on the other the fact that it has been recorded and redeliver it to the master or owner;

    (b) the master or owner shall notify any assignment or cancellation of the contract and the death or desertion of the apprentice to the shipping master, within seven days of the occurrence, if it occurs with India, or, as soon as circumstances permit, if it occurs elsewhere.

    Seamen's employment offices

    95. Business of seamens employment offices.- (1) It shall be the business of the seamen's employment offices-

    (a) to regulate and control-

    (i) the supply of such categories of seamen and for such class of ships as may be prescribed;

    (ii) the recruitment of persons for employment as seamen and the retirement of seamen from such employment;

    (iii) the promotion of seamen or changes of their categories;

    (b) to maintain registers of seamen in respect of the categories prescribed under sub-clause (i) of clause (a);

    (c) to perform such other duties relating to seamen and merchant ships as are, from time to time, committed to them by or under this Act.

    (2) Where there is in existence at any port a seamen's employment office, then, notwithstanding anything to the contrary contender in any other provision of this Act, no person shall receive or accept to be entered on board any ship of the class prescribed under sub-section (1) any seamen of the categories prescribed under that sub-section, unless such seaman has been supplied by such seamen's employment office.

    (3) The Central Government may make rules for the purpose of enabling seamen's employment offices effectively to exercise their powers under this Act; and in particular and, without prejudice to the generality of such power, such rules may provide for-

    (a) consultation with respect to any specified matter by seamen's employment offices with such advisory boards or other authorities as the Central Government may think fit to constitute or specify in this behalf;

    (b) the levy and collection of such fees as may be specified for any seamen's employment office for registering the name of any seaman in any register maintained by it;

    (c) the issue of directions by the Central Government to any seamen's employment office with reference to the exercise of any of its powers;

    (d) the suppression of any seamen's employment office which fails to comply with any such direction.

    96. Supply or engagement of seamen in contravention of Act prohibited.- (1) A person shall not engage or supply a seaman to be entered on board any ship in India unless that person is the owner, master or mate of the ship, or is the agent of the owner or is bona fide the servant and in the constant employ of the owner, or is a director of a seamen's employment office, or a shipping master.

    (2) A person shall not employ for the purpose of engaging or supplying a seaman to be entered on board any ship in India, any person unless that person is the owner, master or mate of the ship, or is the agent of the owner or is bona fide the servant and in the constant employ of the owner, or is a director of a seamen's employment office, or a shipping master.

    (3) A person shall not receive or accept to be entered on board any ship any seaman, if that person knows that the seaman has been engaged or supplied in contravention of this section or section 95.

    97. Receipt of remuneration from seamen for shipping them prohibited.- A person shall not demand or receive, either directly or indirectly, from any seaman, or from any person seeking employment as a seaman, or from any person on his behalf, any remuneration whatever for providing him with employment, other than the fees authorised by this Act.

    Engagement of seamen

    98. Qualifications for, and medical examination of, seamen.- (1) The Central Government may, by notification in the Official Gazette, direct that, with effect from such date as may be specified in the notification, seamen generally or any category of seamen in particular shall not be engaged or carried to sea to work in any capacity in any ship or in any class of ships so specified, unless each one of them possesses the prescribed qualifications.

    (2) Except as otherwise provided under the rules made under sub-section (3), no person shall engage or carry to sea any seaman to work in any capacity in any ship or in any class of ships specified in this behalf by the Central Government, unless the seaman is in possession of a certificate in the prescribed form granted by the prescribed authority to the effect that he is physically fit to be employed in that capacity.

    (3) The Central Government may make rules for the purpose of giving effect to the provisions of this section; and, in particular, and, without prejudice to the generality of such power, any rules so made may provide for-

    (a) the courses of training to be pursued, the vocational standards to be attained or the tests to be passed by seamen generally or by any class of seamen in particular;

    (b) the standard of physical fitness required of seamen, different standards being laid down, if necessary, for different classes of seamen having regards to the age of the seamen to be examined or the nature of the duties to be performed by them;

    (c) the nature of the medical examination of seamen, the authorities by which the examination shall be conducted, and the fees payable therefor;

    (d) the form and contends of medical certificates and the period of their validity;

    (e) the re-examination by such medical authority as may be specified of person who have been refused medical certificates of physical fitness in the first instance and the fees payable for such re-examination;

    (f) the circumstances in which, or the conditions subject to which, any seaman or class of seamen, or any ship or class of ships, may be exempted from the operation of sub-section (2).

    99. Prohibition of engagement of seamen in Indian port without discharge certificate.- No person shall engage or carry to sea any seaman under this Act in any ship, except a home-trade ship of less than two hundred tons gross, from any port in India unless the seaman is in possession of a certificate of discharge or a continuous certificate of discharge issued under this Part.

    100. Agreements with crew.- The master of every Indian ship, except a home-trade ship of less than two hundred tons gross, shall enter into an agreement (in this Act called the agreement with the crew) in accordance with this Act with every seaman whom he engages in, and carries to sea as one of his crew from, any port in India.

    101. Form and contents of the agreement.- (1) An agreement with the crew shall be in the prescribed form, and shall be dated at the time of the first signature thereof, and shall be signed by the master before any seaman signs the same.

    (2) The agreement with the crew shall contain as terms thereof the following particulars, namely:-

    (a) the name of the ship or ships on board which the seaman undertakes to serve;

    (b) either the nature and, as far as practicable, the duration of the intended voyage or engagement or the maximum period of the voyage or engagement, and the places or parts of the world, if any, to which the voyage or engagement is not to extend;

    (c) the number and description of the crew of different categories in each department;

    (d) the time at which each seaman is to be on board or to begin work;

    (e) the capacity in which each seaman is to serve;

    (f) the amount of wages which each seaman is to receive;

    (g) a scale of the provisions which are to be furnished to each seaman, such scale being not less than the scale fixed by the Central Government and published in the Official Gazette;

    (h) a scale of warm clothing and a scale of additional provisions to be issued to each seaman during periods of employment in specified cold regions;

    (i) any regulations as to conduct on board and a to fines or other lawful punishments for misconduct, which have been sanctioned by the Central Government as regulations proper to be adopted, and which the parties agree to adopt;

    (j) payment of compensation for personal injury or death caused by accident arising out of and in the course of employment;

    (k) where it is agreed that the services of any seaman shall end at any port not in India, a stipulation to proved him either fit employment on board some other ship bound to the port at which he was shipped or to such other port in India as may be agreed upon, or a passage to some port in India free of charge or on such other terms as may be agreed upon;

    (l) stipulations relating to such other matters as may be prescribed.

    (3) The agreement shall provide that in the event of a disputes arising outside India between the master, owner or agent of a ship and a seaman in respect of any matter touching the agreement, such dispute shall be referred to the Indian consular officer whose decision thereon shall be binding on the parties until the return of the ship t the port in India at which the seaman is to be discharged:

    Provided that in the case of a ship other than an Indian ship, no such dispute shall be referred to the Indian consular officer if such reference is contrary to the rules of international law.

    (4) The agreement with the crew shall be so framed as to admit of stipulations, to be adopted at the will of the master and seaman in each case (not being inconsistent with the provisions of this Act) respecting the advance and allotment of wages and may contain any other stipulation which are not contrary to law.

    102. Engagement of seamen where agreement is made out of India.- If the master of a ship registered at a port outside India has an agreement with the crew made in due form according to the law of that or of the ;port in which her crew were engaged and engages a seaman in any port in India, not being the holder of a certificate of discharge or a continuous certificate of discharge issued in India, the seaman may sign the agreement so made, and it shall not be necessary for him to sign an agreement under this Act.

    103. Special provisions with regard to agreements with crew of Indian ships.- (1) The following provisions shall have effect with respect to every agreement made in India with the crew of an Indian ship, namely:-

    (a) the agreement shall, subject to the provisions of this Act as to substitutes, be signed by each seaman in the presence of a shipping master;

    (b) the shipping master shall cause the agreement to be read over and explained to each seaman, in a language understood by him or shall otherwise ascertain that each seaman understands the same before he signs it, and shall attest each signature;

    (c) when the crew is first engaged, the agreement shall be signed in duplicate, and one part shall be retained by the shipping master, and the other part shall be delivered to the master and shall contain a special place or form for the descriptions and signatures of substitutes or persons engaged subsequently to the first departure of the ship;

    (d) when a substitute is engaged in the place of a seaman who has duly signed the agreement and whose services are within twenty-four hours of the ship's putting to sea lost by death, desertion or other unforeseen cause, the engagement shall, if practicable, be made before a shipping master, and if not practicable, the master shall, before the ship puts to sea, if practicable, and, if not, as soon afterwards as possible, cause the agreement to be read over and explained to the substitute; and the substitute shall thereupon sign the same in the presence of a witness, who shall attest the signature.

    (2) In the case of an agreement made in India with the crew of a foreign-going Indian ship, the following provisions shall have effect in addition to the provisions specified in sub-section (1).namely:--

    (a) the agreement may be made for a voyage of the whip or, if the voyage of the ship average less than six months in duration, may be made to extend over two or more voyages, and agreements so made are in this Act referred to as running agreements;

    (b) a running agreement may be made to extend over tow or more voyages s that it shall terminate either within six months from the date on which it was executed, or n the first arrival of the ship at her port of destination in India after the expiration of that period, or on the discharge of cargo consequent upon such arrival, whichever of these dates shall be the latest:

    Provided that no such running agreement shall continue in force, if, after the expiration of such period of six months as aforesaid, the ship proceeds on a voyage from a port outside India to any other such port which is not on the direct route or a customary route to her port of destination in India;

    (c) on every return to a port in India before the final termination of a running agreement, the master shall discharge or engage before the shipping master at such port any seaman whom he is required by law so to discharge or engage, and shall upon every such return endorse on the agreement a statement (as the case may be) either that no such discharges or engagements have been made or are intended to be made before the ship leaves port, or that all those made have made as required by law;

    (d) the master shall deliver the running agreement so endorsed to the shipping master, and the shipping mater shall if the provisions of this Act relating to agreement have been complied with, sign the endorsement and return the agreement to the master.

    (3) In the case of an agreement made in India with the crew of a home-trade Indian ship of two hundred tons gross or more, the following ;revisions shall have effect in addition to the provisions specified in sub-section (1), namely:-

    (a) the agreement shall not be for a period longer than six months, but if the period for which the agreement was entered into expires while the ship is not in man Indian port, the agreement shall continue in force until the ship is again in an Indian port;

    Provided that, except with the consent in writing of the seaman concerned, the agreement shall not continue in force for more than three months after the expiration of the period for which it was entered into;

    (b) an agreement for service in two or more ships belonging to the same owner may be made by the owner instead of by the master, and the provisions of this Act with respect to the making of the agreement shall apply accordingly.

    106. Certificate as to agreement with crew.- (1) In the case of a foreign-going Indian ship or a home-trade Indian ship of two hundred tons gross or more, on the due execution of an agreement with the crew in accordance with this Act, and also when, in the case of a foreign-going Indian ship, the agreement is a running agreement, on compliance by the master before the second and every subsequent voyage made after the first commencement of the agreement with the provisions of this Act respecting that agreement, the shipping master shall grant the master of the ship a certificate to that effect.

    (2) The master of every such ship shall, before proceeding to sea, produce that certificate to the customs collector whose duty it is to grant a port clearance.

    (3) No customs collector shall clear any such ship outwards without the production of such certificate, and, if any such ship attempts to go to sea without a clearance, the customs collector may detain her until such certificate as aforesaid is produced.

    (4) The master of every such ship shall, within forty-eight hours after the ship's arrival at the port in India at which the crew is to be discharged, deliver such agreement to a shipping master at the port; and such shipping master shall thereupon give to the master a certificate of such delivery; and no customs collector shall clear any such ship inwards without the production of such certificate.

    Engagement of seamen by masters of ships other than Indian ships

    114. Engagements between seamen and masters of ships other than Indian ships.- (1) When the master of a ship other than an Indian ship engages a seaman at any port in India to proceed to any port outside India, he shall enter into an agreement with such seaman, and the agreement shall be made before a shipping master in the manner provided by this Act for the making of agreements in the case of foreign-going Indian hips.

    (2) All the provisions of this Act respecting the form of such agreements and the stipulations to be contained in them and the making and signing of the same, shall be applicable to the engagement of such seaman.

    (3) The master of a ship other than an Indian ship hall give to the shipping master a bond with the security of some approved person resident in India for such amount as may be fixed by the Central Government in respect of each seaman engaged by him at any port in India and conditioned for the due performance of such agreement and stipulations, and for the repayment to the Central Government of all expenses which may be incurred by it in respect of any such seaman who is discharged or left behind at any port out of India and becomes distressed and is relieved under the provisions of this Act:

    Provided that the shipping master may waive the execution of a bond under this section where the owner of the ship has an agent at any port in India and such agent accepts liability in respect of all matters for which the master of the ship would be liable if he were to execute a bond under this section or may accept from the agent such security as may be approved by the Central Governmental.

    (4) The fees fixed under section 90 shall be payable in respect of weary such engagement, and deductions from the wages of seamen so engaged may be made to the extent and in the manner allowed under the said section 90.

    Mode of recovering wages

    145. Summary proceedings for wages.- (1) A seaman or apprentice or a person duly authorised on his behalf may, as soon as any wages due to him become payable, apply to any magistrate exercising jurisdiction in or near the place at which his service has terminated or at which he has been discharged, or at which any person upon whom the claim is made is or resides, and the magistrate shall try the case in a summary way and the order made by the magistrate in the matter shall be final.

    (2) An application under sub-section (1) may also be made by any officer authorised by the Central Government in this behalf by general or special order.

    146. Restrictions on suits for wages.- A proceeding for the recovery of wages due to a seaman or apprentice shall not be instituted by or on behalf of any seaman or apprentice in any civil court except where-

    (a) the owner of the ship has been declared insolvent;

    (b) the ship is under arrest or sold by the authority of any court;

    (c) a magistrate refers a claim to the court.

    147. Wages not recoverable outside India in certain cases.- Where a seaman is engaged for a voyage which is to terminate in India, he hall not be entitled to sue in any court outside India for wages unless he is discharged with such sanction as is required by this Act, and the written consent of the master, or proves such ill-usage on the part, or by the authority, of the master, as to warrant a reasonable apprehension f danger to his life if he were to remain on board.

    148. Remedies of master for wages, disbursements, etc.- (1) The master of a ship shall, so far as the case permits, have the same rights, liens and remedies for the recovery of his wages as a seaman has under this Act or by any law or custom.

    (2) The master of ship and every person lawfully acting as master of a ship b6 reason of the decease or incapacity from illness of the master of the ship shall, so far as the case permits, have the same rights liens and remedies for the recovery of disbursements or liabilities properly made or incurred by him 9n account of the ship as a master has for the recovery of his wages.

    (3) If in any proceeding in any court touching the claim of a master in respect of such wages, disbursements or liabilities any set-off is claimed or any counterclaim is made, the court may enter into, and adjudicate upon, all questions between the parties to the arising or outstanding and unsettled between the parties to the proceeding and may direct payment of any balance found to be due.

    Power of courts to rescind contracts

    149. Power of court to rescind contract between master, owner or agent and seaman or apprentice.- Where a proceeding in instituted in any court in relation to any, dispute between master, owner or agent of a ship and a seaman or apprentice, arising out of or incidental to their relation as such, or is instituted for the purpose of this section, the court, if, having regard to all the circumstances of the case, it thinks it just to do so, may rescind any contract between the master, owner or agent and the seaman or apprentice, upon such terms as the court may think just, and this poser shall be in addition to any other jurisdiction which the court can exercise independently of this section.

    Disputes between seaman and employers

    150. Power to refer disputes between seamen and their employers to tribunals.- (1) Where the Central Government is of opinion that any dispute between seaman or any class of seaman or of any union of seamen and the owners of ships in which such seamen are employed or are likely to be employed exists or is apprehended and such dispute relates to any matter connected with or incidental to the employment of the seamen, the Central Government may, by notification in the Official Gazette, constitute a tribunal consisting of one or more persons, and refer the dispute to the tribunal for adjudication.

    (2) The tribunal so constituted shall have power to regulate its own procedure and shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), when trying a suit in respect of the following matters:-

    (a) enforcing the attendance of any person and examining him on oath;

    (b) compelling the production of documents;

    (c) issuing commissions for the examination of witnessed;

    (d) any other matter which may be prescribed; and any proceeding before the tribunal shall be deemed to be a judicial proceeding within the meaning o sections 193 and 228 of the Indian Penal Code (45 of 1860).

    (3) No party to a dispute shall be entitled to be represented by a legal practitioner in any proceeding before the tribunal except with the consent of the other party or parties to the proceeding and with the leave of the tribunal.

    (4) The tribunal shall dispose of the reference expeditiously and shall, as soon as practicable on the conclusion of the proceedings, submit its award to the /Central Government.

    (5) On receipt of the award, the Central Government shall cause it to be published and the award shall become enforceable on the expiry of thirty days from the date of such publication:

    Provided that where the Central Government is of opinion that it will be in expedient on public grounds to give effect to the award or any part of it, it may before the expiry of the said period of thirty days by order in the Official Gazette either reject the award or modify it, and where the Central Government does so, the award shall not become enforceable or shall become enforceable subject to the modifications, as the case may be.

    (6) An award which has become enforceable under this section shall be binding on-

    (a) all parties to the dispute;

    (b) where any party to the dispute is the owner of the ship, his heirs, successors, or assigns.

    (7) Save as otherwise provided in the award, an award shall remain in operation for a period of one year from the date on which it becomes enforceable and shall thereafter continue to remain in operation until a period of two months has elapsed from the date on which notice is given by any party bound by the award to the other party or parties intimating its intention to terminate the award.

    (8) Any money use to a seaman from the owner of a ship under an award may be recovered as wages.

    (9) Nothing contained in the Industrial Disputes Act, 1947 (14 of 1947), shall apply to any dispute between seamen or any class of seamen or any union of seamen and the owners of ships in which such seamen are employed or are likely to be employed.

    151. Conditions of service, etc., to remain unchanged during pendency of proceedings before tribunal.- During the pendency of proceedings under section 150,-

    (a) no seaman or class of seamen or union of seamen shall go or remain on strike or otherwise act in a manner prejudicial to the normal operation of the ships in which the seamen are employed or are likely to be employed; and

    (b) no owner of a ship shall-

    (i) alter to the prejudice of the seamen concerned in the dispute, the conditions of service applicable to them immediately before the commencement of such proceedings; or

    (ii) discharge or punish any seaman in respect of any mater connected with the dispute.

    Property of deceased seamen and apprentices

    152. Master to take charge of the effects of deceased seamen.- (1) If any seaman or apprentice engaged any ship, the voyage of which is to terminate in India, dies during that voyage, the master of the ship shall report the death to the next-of-kin of the seaman or apprentice and to the shipping master at his port of engagement and shall take charge of any money or effects belonging to the seaman or apprentice which are on board the ship.

    (2) The master shall thereupon enter in the official log book the following particulars, namely:-

    (a) a statement of the amount of money and a detailed description of the other effects;

    (b) a statement of the sum due to the deceased for wages and of the amount of deduction, if any, to be made from the wages.

    (3) The said money, balance of wages and other effects are in this Act referred to as the property of the seaman or apprentice.

    Distressed seamen

    161. Relief and maintenance of distressed seamen.- (1) The Indian consular officer at or near the place where a seaman is in distress shall, on application being made to him by the distressed seaman, provide in accordance with the rules made under this Act for the return of that seaman to a proper return port, and also for the said seaman's necessary clothing and maintenance until his arrival at such port.

    (2) A distressed seaman shall not have any right to be maintained or sent to a proper return port except to the extent and on the conditions provided for in the rules.

    (3) All repatriation expenses, other than excepted expenses, incurred by or on behalf of the Central Government in accordance with the provisions of this Act shall constitute a debt due to the Central Government for which the owner or agent of the ship to which the seaman in respect of whom they were incurred belonged at the time of his discharge or other event which resulted in his becoming a distressed seaman shall be liable; and the owner or agent shall not be entitled to recover from the seaman any amount paid by him to the Central Government in settlement or part settlement of such debt.

    (4) All excepted expenses incurred by or on behalf of the Central Government in accordance with the provisions of this Act shall constitute a debt due to the Central Government for which the seaman in respect of whom they were incurred and the owner or agent of the ship to which that seaman belonged at the time of his discharge or other event which resulted in his becoming a distressed seaman shall be jointly and severally liable; and the owner or agent shall be entitled to recover from the seaman any amount paid by him to the Central Government in settlement or part settlement of such debt, an may apply to the satisfaction of his claim so much as may be necessary of any wages due to the seaman.

    (5) All excepted expenses incurred in accordance with the provisions of this Act in respect of any distressed seaman by the owner or agent of the ship to which he belonged at the time of his discharge or other event which resulted in his becoming a distressed seaman shall constitute a debt due to the owner or agent for which the seaman shall be liable; and the owner or agent may apply to the satisfaction of his claim so much as may be necessary of any wages due to the seaman; but he shall not be entitled to recover from the seaman any repatriation expenses other than excepted expenses.

    (6) In any proceedings for the recovery of any expenses which in terms of sub-section (3) or sub-section (4) are a debt due to the Central Government, the production of an account of the expenses and proof of payment; thereof by or on behalf f or under the direction of the Central Government shall be prima facie evidence that the expenses were incurred in accordance with the provisions of this Act by or on behalf of the Central Government.

    (7) Any debt which may be due to the Central Government under this section may be recovered by any officer authorised by it in writing in this behalf from the person concerned in the same manner as wages are recoverable under section 145.

    165. What shall be evidence of distress.- In any proceeding under this Part a certificate of the Central Government or of such officer as the central Government may specify in this behalf to the effect that any seaman named therein is distressed shall be convulsive evidence that such seaman is distressed within the meaning of this act.

    166. Indian consular officer to decide return port to which or route by which seaman is to be sent.- If any question arises s to what return port a seaman is to be sent in any case or as to the route by which he should be sent, that question shall be decided by the Indian consular officer concerned, and in deciding any question under this provision the Indian consular officer shall have regard both to the convenience of the seaman and to the expense involved, and also, where that is the case, to the fact that an Indian ship which is in want of men to make up its complement is about to proceed to a proper return port.

    Provisions, health and accommodation

    168. Ships to have sufficient provisions and water.- (1) All Indian ships and all ships upon which seamen have been engaged shall have on board sufficient provisions and water of good quality and fit for the use of the crew on the scale specified in the agreement with the crew.

    (2) If any person making an inspection under section 176 finds the provisions or water to be of bad quality and unfit for use or deficient in quantity, he shall signify it in writing to the master of the ship and may, if he thinks fit, detain the ship until the defects are remedied to his satisfaction.

    (3) The master shall not use any provisions or water so signified to be of bad quality and shall in lieu of such provisions or water, ;provide other proper provisions or water and he shall, if the provisions or water by signified to be deficient in quantity, procedure the requisite quantity of any provisions or water to cover the deficiency.

    (4) The person making the inspection shall enter a statement of the result of the inspection in the official log book, and shall, if he is not the shipping master, send a report thereof to the shipping master and that report shall be admissible in evidence in any legal proceeding.

    (5) If the inspection was made in pursuance of a request by the members of the crew and the person making the inspection certifies in the statement of the result of the inspection that the complaint was false and ether frivolous or vexatious, every member of the crew who made the request shall be liable to forfeit to the owner out of his wages a sum not exceeding one week's wages.

    (6) The master of the ship and any other person having charge of any provisions or water liable to inspection under this section shall give the person making the inspection every reasonable facility for the purpose.

    172. Bedding, towels, medicines, medical stores, etc., to be provided and kept on board certain ships.- (1) The owner of every ship of over five hundred tons gross shall supply or cause to be supplied to every seaman for his personal use, bedding, towels, mess utensils and other articles according to such scale as may be prescribed; and different scales may be prescribed in respect of different classes of ships.

    (2) All foreign-going Indian ships and all home-trade ships of two hundred tons gross or more shall have always on guard a sufficient supply of medicines, medical stores, appliances and first aid equipment suitable for disease and accidents likely to occur on voyages according to such scale as may be prescribed.

    (3) It shall be the duty of the port health officer or such other person as the Central Government may appoint in this behalf to inspect the medicines, medical stores and appliances with which a ship is required to be provided.

    173. Certain ships to carry medical officer.- (1) Every foreign-going ship carrying more than the prescribed number of persons (including the crew), shall have on boards part of her complement a medical officer possessing such qualifications as may be prescribed.

    (2) Nothing in this section shall apply to an unberthed passenger ship or a pilgrim ship.

    178. Meaning of serving seaman.- A seaman shall, for the purposes of these provisions, be deemed to be a serving seaman during any period commencing on the date of the agreement with the crew and ending thirty days after the date on which the seaman is finally discharged from such agreement.

    179. Particulars to be furnished in plaints, etc.- (1) If any person presenting any plaint, application or appeal to any court has reason to believe that any adverse party is a serving seaman, he shall make a statement accordingly in the plaint, application or appeal.

    (2) If any collector has reason not believe that any seaman who ordinarily resides or has property in his district and who is a party t any proceeding pending before any court is unable to appear therein or is a serving seaman, the collector may certify the facts to the court.

    180. Notice to be given in case of unrepresented seaman.- (1) If a collector has certified under sub-section (2) of section 179, or if a court has reason to believe that a seaman who is a party to any proceeding before the court, is unable to appear therein or is a serving seaman, the court shall suspend the proceeding and shall give notice thereof to the shipping master:

    Provided that the court may refrain from suspending the proceeding and giving the notice-

    (a) if the proceeding is one instituted or made by the seaman, alone or conjointly with other, with the object of enforcing a right of pre-emotion, or

    (b) if the interests of the seaman in the proceeding are, in the opinion of the court, either identical.with those of any other party thwart and adequately represented by such other party, or merely of a formal nature.

    (2) If it appears to the court before which any proceeding is pending that a seaman though not a party to the proceeding is materially concerned in the outcome of the proceeding and that his interests are likely to be prejudiced by his inability to attend, the court may suspend the proceeding and shall give notice thereof to the shipping master.

    (3) If on receipt of a notice under sub-section (1) or sub-section (2), the shipping master certifies to the court, that the seaman is a serving seaman, the court shall thereupon postpone the proceeding in respect of the seaman for such period as it thinks fit:

    Provided that if by reason of the continued absence of the seaman the question of any further postponement of the proceeding in respect of the seaman arises, the court shall in deciding the question have regard to the purposes of the provisions of this Act conferring special protection on seaman in respect of litigation.

    (4) If the shipping master either certifies that the seaman is not for the time being a serving seaman or fails within two months from the date of the receipt of the notice under sub-section (1) or sub-section (2), as the case may be, to certify that the seaman is a serving seaman, the court may, if it thinks fit, continue the proceeding.

    181. Power to set aside decrees and orders passed against serving seaman.- (1) Where in any proceeding before a court, a decree or order has been passed against any seaman while he was a serving seaman, the seaman, or if he dies while he is serving seaman, his or order set aside, and if the court after giving on opportunity to the opposite party of being heard, is satisfied that the interests of justice require that the decree or order should be set aside as against the seaman, the court shall subject to such conditions, if any, as it thinks fit to impose, make an order accordingly, and may, if it appears that any opposite party in the proceeding has failed to comply with the provisions of sub-section (1) of section 179, award, subject to such conditions as it thinks fit to impose, damages against such opposite party.

    (2) The period of limitation for an application under sub-section (1) shall be sixty days from the date on which the seaman first ceases to be a serving seaman after the passing of the decree or order, or where the summons or notice was not duly served on the seaman in the proceeding in which the decree or order was passed, from the date on which the applicant had knowledge of the decree or order, whichever is later; and the provisions of section 5 of the Indian Limitation Act, 1908 (9 of 1908), shall apply to such applications.

    (3) Where the decree or order in respect so which an application under sub-section (1) is made is of such a nature that it cannot be set aside as against the seaman only, it may be set aside as against all or any of the parties against whom it was made.

    (4) Where a court sets aside a decree or order under this section, it shall appoint a day for proceeding with the suit, appeal or application, as the case may be, in respect of which the decree or order was passed.

    182. Modification of law of limitation where seaman is a party.- In computing the period of limitation provided in the foregoing provisions or in the Indian Limitation act, 1908 (9 of 1908), or in any other law for the time being in force, for any suit, appeal or application to a court to which a seaman is a party, the period or ;erode during which the seaman has been a serving seaman, and if the seaman has died while he was a serving seaman, the period from the date of his death to the date on which his next-of-kin was first informed, by the shipping master or otherwise, of his death, shall be excluded:

    Provided that this section shall not apply in the case of any suit, appeal or application instituted or made with the object of enforcing a right of pre-emotion except in such areas and in such circumstances as the Central Government may, by notification in the Official Gazette, specify in this behalf.

    186. No debt recoverable till end of voyage.- A debt incurred by any seaman after he has engaged to serve shall not be recoverable until the service agreed for is concluded.

    188. Prohibition against solicitation by lodging house keepers.- No person shall, while a ship is at any port or place in India-

    (a) solicit a seaman or apprentice to become a lodger at the house of any person letting lodgings for hire; or

    (b) take out of the ship any property of the seaman or apprentice except under the direction of the seaman or apprentice and sit the permission of the master.

    191. Desertion and absence without leave.- (1) No seaman lawfully engaged and no apprentice-

    (a) shall desert his ship; or

    (b) shall neglect or refuse, without reasonable cause, to join the ship or to proceed to sea in his ship or be absent without leave at any time within twenty-four hours of the ship's sailing from a port either at the commencement or during the progress of a voyage, or be absent at any time without leave and without sufficient reason from his ship or from his duty.

    (2) For the purposes of sub-section (1), the fact that the ship on which the seaman or apprentice is engaged or to which he belongs is unseaworthy shall be deemed to be a reasonable cause:

    Provided that the seaman or apprentice has, before failing or refusing to join his ship or to proceed to sea in his ship or before absenting himself or being absent from the ship, as the case may be, complained to the master or a shipping master, surveyor, seamen's welfare officer, port health officer, Indian consular officer or any other officer at any port duly authorised in this behalf by the Central Government, that the ship is unseaworthy.

    194. General offences against discipline.- A seaman lawfully engaged or an apprentice shall be guilty of an offence against discipline if he commits any of the following acts, namely:-

    (a) if he quits the ship without leave after her arrival at her port of delivery and before she is placed in security;

    (b) if he is guilty of wilful disobedience to any lawful command or neglect of duty;

    (c) if he is guilty of continued wilful disobedience to lawful commands or continued wilful neglect of duty;

    (d) if he assaults the master or any other officer of the ship;

    (e) if he combines with any of the crew to disobey lawful commands or to neglect duty or to impede the navigation of the ship or retard the progress of the voyage;

    (f) if he wilfully damages his ship or commits criminal misappropriation or breach of trust in respect of, or wilfully damages any of, her store or cargo.

    195. Smuggling of goods by seamen or apprentices.- (1) If a seaman lawfully engaged or an apprentice is convicted of an offence of smuggling any goods whereby loss or damage is occasioned to the master or owner of the ship, he shall be liable to pay to that master or owner a sum sufficient to reimburse the loss or damage and the whole or a part of his wages may be retained in satisfaction on account of that liability without prejudice to any other remedy.

    (2) If a seaman lawfully engaged is convicted of an offence of smuggling opium, hemp or any other narcotic drug or narcotic, the Director-General may direct that the seaman's certificate of discharge or continuous certificate of discharge shall be cancelled or shall be suspended for such period as may be specified in the direction.

    National Welfare Board for Seafarers

    218. Functions of National Welfare Board for Seafarers.- (1) The Central Government may, by notification in the Official Gazette , constitute an advisory board to be called the National Welfare Board for Seafarers (hereinafter referred to as the Board) for the purpose of advising the Central Government on the measures to be taken for promoting the welfare of seamen (whether ashore or on board ship) generally and in particular the following:-

    (a) the establishment of hostels or boarding and lodging houses for seamen;

    (b) the establishment of clubs, canteens, libraries and other like amenities for the benefit of seamen;

    (c) the establishment of hospitals for seamen or the provision of medical treatment for seamen;

    (d) the provision of educational and other facilities for seamen.

    (2) The Central Government may make rules providing for-

    (a) the composition of the Board and the term of office of members thereof;

    (b) the procedure to be followed in the conduct of business by the Board;

    (c) the travelling and other allowances payable to members of the Board;

    (d) the levy of fees payable by owner of ships at such rates as may be prescribed (which may be at different rates for different classes of ships) for the purpose of providing amenities to seamen and for taking other measures for the welfare of seamen;

    (e) the procedure by which any such fees may be collected or recovered and the manner in which the proceeds of such fees, after deduction of the cost of collection, shall be utilised for the purpose specified in clause (d).

    PART VIII: PASSENGER SHIPS

    Survey of passenger ships

    220. No ship to carry passengers without a certificate of survey.- (1) No ship shall carry more than twelve passengers between ports or places in India or to or from any port or place in India from or to any port or place outside India, unless she has a certificate or survey under this Part in force and applicable to the voyage on which she is about to proceed or the service on which she is about to be employed:

    Provided that nothing in this section shall apply to any ship which has been granted a certificate under section 235, unless it appears from the certificate that it is inapplicable to the voyage on which the ship is about to unless there is reason to believe that the ship has, since the grant of the certificate, sustained injury or damage or been found seaworthy or otherwise inefficient.

    (2) No customs collector shall granted a port clearance, nor shall any pilot be assigned, to any ship for which a certificate of survey is required by this Part until after the production by the owner, agent or master thereof of a certificate under this Part in force and applicable to the voyage on which she is about to proceed or the service on which she is about to be employed.

    (3) If any ship for which a certificate of survey is required by this Part leaves or attempts to leave any port of survey without a certificate, any customs collector or any pilot on board the ship may detain her until she obtains a certificate.

    225. Grant of certificate of survey by Central Government.- (1) Upon receipt of a declaration of survey, the Central Government shall, if satisfied that the provisions of this Part have been complied with, cause a certificate, in duplicate, to be prepared and delivered, through such officer at the port at which the ship was surveyed as the Central Government may appoint in this behalf, to the owner, agent or master of the ship surveyed, on his applying and paying the sums (if any) mentioned in section 224 as payable on the delivery of a certificate.

    (2) A certificate granted under this section shall be in the prescribed form; shall contain a statement to the effect that the provisions of this Part with respect to the survey of the ship and the transmission of the declaration of survey in respect thereof have been complied withal and shall also set forth-

    (a) the particulars concerning the ship which clauses (c), (d) and (e) of section 223 require the declaration of survey to contain; and

    (b) any other prescribed particulars.

    228. Cancellation or suspension of certificate of survey by Central Government.- (1) Any certificate of survey granted under this Part may be cancelled or suspended by the Central Government if it has reason to believe-

    (a) that the declaration by the surveyor of the sufficiency of the hull, boilers, engines or any of the equipment of the ship has been fraudulently or erroneously made; or

    (b) that the certificate has otherwise been issued upon false or erroneous information.

    (2) Before any certificate of survey is cancelled or suspended under sub-section (1), the holder of the certificate shall be given a reasonable opportunity of showing cause why the certificate should not be cancelled or suspended, as the case may be:

    Provided that this sub-section shall not apply where the Central Government is satisfied that for some reason to be recorded in writing it is not reasonably practicable to give to the holder of the certificate an opportunity of showing cause.

    Keeping order in passenger ships

    233. Offences in connection with passenger ships.- (1) If, in the case of a ship for which certificate of survey has been granted under this Part,-

    (a) any person being drunk or disorderly has been on that account refused admission thereto by the owner or any person in his employ and, ate having the amount of his fare (if he has paid it) returned or tendered to him, nevertheless persists in attempting to enter the ship;

    (b) any person being drunk or disorderly on board the ship is requested by the owner or any person in his employ to leave the ship at any place in India at which he can conveniently do so, and after having the amount of his fare (if he has paid it) returned or tender dot him, does not comply with the request;

    (c) any person on board the ship after warning by the master or other officer thereof, molests or continues to molest any passenger;

    (d) any person having gone on board the ship at any place and being requested, on account of the ship being full, by the owner or any person in his employ to leave the ship, before it has departed from that place, and having ad the amount of his fare (if he has paid it) returned or tendered to him, does not comply with that request;

    (e) any person travels or attempts to travel in the ship without first paying his far and with intent to avoid payment thereof;

    (f) any person on arriving in the ship at the place for which he has paid his fare knowingly and wilfully refuses or neglects to quit the ship:

    (g) any person on board the ship fails when requested by the master or other officer thereof either to pay his fare or to exhibit such ticket or other receipt, if any, showing the payment of his fare as is usually given to persons travelling by and paying fare for the ship; he shall be guilty of an offence under this sub-section.

    (2) No person on board any such ship shall wilfully do or cause to be done anything in such a manner as to obstruct or injure any part of the machinery or tackle of the ship or to obstruct, impede or molest the crew or any of them in the navigation management of the ship or otherwise in the execution of their duty on or about the ship.

    (3) The master or other officer of any such hip and all persons called by him to his assistance may, without warrant, detain any person who commits any offence unsure this section and whose name and address are unknown to the master or officer and convey the offender with all convenient dispatch before the nearest magistrate to be dale with according to law.

    234. Power to exclude drunken passengers from passenger ships.- The master of any passenger ship may refuse to receive on board thereof any person who by reason of drunkenness or otherwise is in such a state or misconduct's himself in such a manner as to cause annoyance or injury to passengers on board, and if any such person is on board, may put him on shore at any convenient place; and a person so refused admittance or put on shore shall not be entitled to the return of any fare he has paid.

    238. Notice to be given of day of sailing.- (1) The master, owner or magnet of an unberthed passenger ship or a pilgrim ship so departing or proceeding shall give notice to a officer appointed in this behalf by the Central Government that the ship is to carry unberthed passengers or pilgrims and of her destination and of the proposed time of sailing.

    (2) The notice shall be given-

    (a) in the case of an unberthed passenger ship, not less than twenty-four hours before that time;

    (b) in the case of a pilgrim ship at the original port of departure, if in India, and in any other case at the first port at which she touches in India, not less than three days, and at all other ports not less than twenty-four hours, before that time.

    239. Power to enter on and inspect ship.- After receiving the notice under section 238 the officer appointed under that section or a person authorised by him in this behalf shall be at liberty at all times to enter on the ship and inspect her and her fittings and the provisions and stores on board.

    240. Ship not to sail without certificates A and B.- (1) A ship intended to carry unberthed passengers or pilgrims shall not commence a voyage from the port or place appointed under sub-section (1) of section 237 , unless the master holds two certificates to the effect mentioned in sections 241 and 242.

    (2) The customs collector whose duty it is to grant a port clearance for the ship shall not grant it unless the master holds the aforesaid certificates.

    241. Contents of certificate A.- (1) The first of the certificates (hereinafter called certificate A) shall state that the ship is seaworthy and properly equipped, fitted and ventilated, and-

    (a) in the case of an unberthed passenger ship, the number of passengers which she is capable of carrying;

    (b) in the case of a pilgrim ship, the number of pilgrims of each class which she is capable of carrying.

    (2) Certificate A shall be in the prescribed form and shall be in force for a period of one year from the date of issue or for such shorter period as may be specified therein and it shall be issued in duplicate.

    (3) Where the master of a ship produces to the certifying officer a certificate of survey granted under this Part or a safety certificate granted under Part IX in respect of the ship in force and the certifying officer may, if the particulars required by sub-section (1) are certified thereby, accept the certificate of survey or safety certificate in lieu of certificate A; and such certificate shall then be deemed to be a certificate A for the purposes of this Part in respect of that voyage.

    242. Contents of certificate B.- The second of the certificates (hereinafter called certificate B) shall be in the prescribed form and shall state-

    (a) the voyage which the ship is to make, and the intermediate ports (if any) at which she is to touch;

    (b) that she has the proper complement of officers and seamen;

    (c) that the master holds a certificate of survey or a safety certificate or certificate A;

    (d) that she has on board such number of medical officers licensed in the prescribed manner and such number of attendants, if any, as may be prescribed;

    (e) that food, fuel and pure water over and above what is necessary for the crew, and the other things (if any) prescribed for unberthed passenger ships or pilgrim ships, have been placed on board, of the quality prescribed, properly packed, and sufficient to supply the unberthed passengers or pilgrims on board during the voyage which the ship is to make (including such detention in quarantine as may be probable) according to the prescribed sale;

    (f) in the case of an unberthed passenger ship, if the ship is to make a voyage in a season of foul weather specified as such in the rules made under section 262, and to carry upperdeck passengers, that she is furnished with substantial bulwarks and a double awning or with other sufficient protection against the weather;

    (g) in the case of an unberthed passenger ship, the number of cabin and unberthed passengers embarked at the port of embarkation;

    (h) such other particulars, if any, as may be prescribed for unberthed passengers ships or pilgrim ships, as the case may be.

    243. Officers entitled to grant certificates.- The person by whom certificate A and certificate B are to be granted shall be the officer appointed under section 238 who is hereinafter referred to as the certifying officer).

    248. Number of passengers on board not to exceed that allowed by or under this Part.- (1) An unberthed passenger ship or a pilgrim ship shall not carry a number of unberthed passengers or pilgrims, which is greater than the number allowed for the ship or under this Part.

    (2) Any officer authorised in this behalf by the Central Government may cause all unberthed passengers or pilgrims over and above the number allowed by or under this Part to disembark, and may forward them to any port at which they may have contracted to land, and recover the cost of so forwarding them from the master, owner or a agent of the ship as if the cost were a fine imposed under this Part, and a certificate under the hand of that officer shall be conclusive proof of the amount of the cost aforesaid.

    253. Information to be sent to ports of embarkation and discharge.- (1) The officer appointed by the Central Government in this behalf, at any port or place within India at which an unberthed passenger ship or a pilgrim ship touches or arrives, shall send any particulars which he may deem important respecting the unberthed passenger ship or pilgrim ship, and the unberthed passengers or pilgrims carried therein, to the officer at the port or place from which the ship commenced her voyage, and to the officer at any other port or place within India where the unberthed passengers or pilgrims or any of them embarked or are to be discharged.

    (2) The officer aforesaid may go on board any ship referred tap in sub-section (1) and inspect her in order to ascertain whether the provisions of this Act as to the number of unberthed passenger or pilgrims and other matters have been complied with.

    254. Reports, etc., under section 253 to be admissible in evidence.- In any proceeding for the adjudication of any penalty incurred under this Part, any document purporting to be a report of such particulars as are referred to in sub-section (1) of section 253, or a copy of the proceedings of any court of justice duly authenticated, and also any like document purporting to go made and signed by an Indian consular officer shall be received in evidence, if it appears to have been officially transmitted to any officer at or near the place where the proceeding under this Part is held.

    Special provisions relating to unberthed passenger ships

    275. Refund of passage money and deposits.- (1) Every pilgrim prevented from embarking under section 271, or removed from the ship under section 272, or otherwise prevented from proceeding shall be entitled to the refund of any passage money which he may have paid, and of any deposit which he may have made under section 273.

    (2) Any pilgrim who, within one year of his sailing from India, satisfies the Indian consular officer at Jeddah that he intends to return to India by a route other than the route by which he came from India, shall be entitled to a refund of any deposit made by him under section 273, or, if he is in possession of a return ticket, to a refund of half the passage money paid by him.

    (3) Where any pilgrim dies in the Hedjaz or on the voyage thereto, any person nominated by him in this behalf in writing in the prescribed manner, or, if no person has been so nominated, the legal representative of the pilgrim, shall be entitled, to a refund of any deposit made by the pilgrim under section 273, or, if the pilgrim was in possession of a return ticket, to a refund of half the passage money paid by him.

    (4) Where any pilgrim fails to return to India from the Hedjaz within one year of his sailing from India, or returns to India by a route other than the route by which he came from India, he or any person nominated by him in this behalf in writing in the prescribed manner shall be entitled to a refund of any deposit made by such pilgrim under section 273, or, if such pilgrim was in possession of a return ticket, to a refund of half the passage money paid by such pilgrim, except where such deposit or passage money has already been refunded under this section.

    (5) Refunds under this section of deposits shall be subject to such conditions and of passage money to such deductions and conditions as may be prescribed.

    278. Notice of sailing of pilgrim ship.- (1) The master, owner or agent of any ship which is intended to sail on a voyage as a pilgrim ship from any port or place in India shall, before advertising such ship for the conveyance of pilgrims or offering to convey any pilgrim by such ship or selling or permitting any person to sell a passage ticket to any pilgrim for conveyance by such ship, supply to the officer appointed in this behalf (hereinafter referred to as the pilgrim officer) at the port or place from which the ship is to commence the voyage, and at each port or place in India at which she is to touch for the purpose of embarking pilgrims, full particulars as to the name, tonnage and age of the ship, the maximum number of passage tickets of each class to be issued, the maximum price of each class of ticket, the probable date on which the ship is to sail from that port or place, the ports, if any, at which she is to touch, the place of her destination, and the probable date of her arrival thereat.

    (2) The master, owner or agent shall supply to the pilgrim officer, within three days from the date of demand, such further information in regard to the matters mentioned in sub-section (1) as that officer may in writing demand from him.

    (3) (a) The master, owner or agent of the ship shall advertise at such port or place in such manner as may be prescribed-

    (i) the place of destination of the ship,

    (ii) the price of each class of passage tickets which shall not be in excess of the price communicated to the pilgrim officer under sub-section (1), and

    (iii) the provisional date of sailing from that port or place.

    (b) The master, owner or agent shall also advertise the final date of sailing not less than fifteen days before such date.

    (4) No master, owner or agent, shall-

    (a) without reasonable cause, the burden of proving which shall lie upon him, fail or refuse to supply any particulars or information which he is by or under this section required to supply or supply false particulars or information; or

    (b) advertise any ship for the conveyance of pilgrims, or offer to convey pilgrims by any ship, or sell or promise or permit any person to sell passage tickets to pilgrims for conveyance by any ship, without having first supplied the particulars required by sub-section (1) and in accordance with the provisions of that sub-section; or

    (c) advertise a price for passage tickets at the port or place in excess of the price communicated, to the pilgrim officer under sub-section (1); or

    (d) offer to convey pilgrims by any ship from any port or place in India or sell or promise or permit any person to sell passage tickets to pilgrims for conveyance by a ship from any such port or place without having advertised as required by clause (a) of sub-section (3) the matters specified in that clause; or

    (e) sell or permit any person to sell to any pilgrim any passage ticket at a price in excess of the price communicated to the pilgrim officer under sub-section (1).

    279. Compensation for delay in sailing.- (1) If a pilgrim ship fails to proceed from any port or place on the date advertised under clause (b) of sub-section (3) of section 278 as the final date of sailing therefrom, the master, owner or agent shall become liable to pay as compensation to each pilgrim who has paid his passage money on or before such date the sum of three rupees for each completed day during which the sailing of the ship is delayed after that date:

    Provided that such compensation shall not be payable in respect of any period during which the departure of the ship is impossible owing to any cause not arising from the act or default of the master, owner or agent, and the burden of proving such cause shall lie on such master, owner or agent:

    Provided further that where compensation has been paid or has become payable to any pilgrim in respect of delay in the sailing of the ship from any port of place and the sailing of the ship from any other port or place is thereafter delayed beyond the date advertised in that behalf, the pilgrim shall be entitled to compensation only in respect of any period by which the duration of such further delay exceeds the duration of the delay in respect of which he has already received or become entitled to compensation.

    (2) In the event of such failure, the master, owner or agent shall be bound forthwith to information the pilgrim officer at the port or place at which the delay occurs of the number of passage tickets of each class which have been issued for the voyage on or before the advertised final date of sailing.

    (3) Any sum payable as compensation under sub-section (1) shall be paid on behalf of the pilgrims entitled thereto to the pilgrim officer at the port or place at which the delay occurs on receipt by the master, owner or agent of a notice from that officer specifying the sum payable, and that officer shall, in such manner as may be prescribed, pay to each such pilgrim the compensation paid in respect of his detention.

    Provided that, if an objection is made by the master, owner or agent that the sum specified in any such notice or any part of such sum is not payable by him, the sum paid or, as the case my be, the balance thereof remaining after payment to the pilgrims entitled thereto of compensation the right to which is not in dispute, shall be held in deposit until the objection has been decided:

    Provided further that, if for any reason the compensation due to any pilgrim cannot be paid to him at the time of embarkation or at or before the time of his disembarkation at the port of his destination, the sum so remaining unpaid shall be made over to such authority administering any fund maintained for the assistance of pilgrims as the Central Government may, by general or special order, designate in this behalf

    (4) If the master, owner or agent objects that the sum specified in the notice issued under sub-section (3) or any part thereof is not payable by him, he may, at the time of payment of such sum give to the pilgrim officer notice of his objection, together with a statement of the grounds thereof, and the pilgrim officer shall thereupon either cancel or modify the aforesaid notice in accordance with the objection and refund the sum held in deposit under sub-section (3), or refer the objection for decision to a presidency magistrate or a magistrate of the first class exercising jurisdiction at the port or place at which the ship is delayed, whose decision on such reference shall be final; and there shall be refunded to the master, owner or agent any amount allowed to him by such decision.

    (5) On the failure of any pilgrim ship to proceed from any port of place on the date advertised under clause (b) of sub-section (3) of section 278 as the date of final sailing therefrom, the pilgrim officer at that port or place shall forthwith give notice of such failure to the officer authorised to grant port clearance to ships thereat, and such officer shall refuse port clearance to the pilgrim ship until the master, owner or agent proceeds to him a certificate of the pilgrim officer that all sums payable by way of compensation under this section up to the day on which the ship is to proceed have been paid.

    280. Substitution of ships.- Notwithstanding anything contained in section 278 or section 279 , where any ship which has been advertised under section 278 for the conveyance of pilgrims has been or is likely to be delayed beyond the advertised final date of sailing, the owner or agent may, with the permission in writing of the pilgrim officer, substitute for it any other ship which is capable of carrying not less than the same number of pilgrims of each class, and on such permission being given the advertisement shall be deemed to have been made in respect of the ship so substituted, and all the provisions of those sections shall apply accordingly in respect of such ship.

    Prevention of collisions

    285. Collision regulations.- (1) The Central Government may make regulations for the prevention of collisions at sea, and may thereby regulate the lights and shapes to be carried and exhibited, the fog and distress signals to be carried and used, and the steering and sailing rules to be observed by Indian ships and sailing vessels registered in India.

    (2) The collision regulations, together with the provisions of this Part relating thereto or otherwise relating to collisions, shall be observed by all foreign ships and sailing vessels within Indian jurisdiction, and in any case arising in any court in India concerning matters arising within Indian jurisdiction, such ships and ailing vessels shall, so far as respects the collision regulations and the aid provisions of this Act, be treated as if they were Indian ships or sailing vessels registered in India, as the case may be.

    286. Observance of collision regulations.- (1) The owner or master of every ship and the owner or tindal of every sailing vessel to which section 285 applies shall obey the collision, regulations, and shall not carry or exhibit any lights or shapes or use any fog or distress signals, other than those required by the said regulations.

    (2) If any damage to person or property arises from the non-observance by any such ship or sailing vessel of any of the collision regulations, the damage shall we deemed to have been occasioned by the wilful default of the person in charge of the ship or the sailing vessel, as the case may be, at the time unless it is shown to the satisfaction f the court that the circumstances of the case made a departure from the regulations necessary.

    286. Observance of collision regulations.- (1) The owner or master of every ship and the owner or tindal of every sailing vessel to which section 285 applies shall obey the collision, regulations, and shall not carry or exhibit any lights or shapes or use any fog or distress signals, other than those required by the said regulations.

    (2) If any damage to person or property arises from the non-observance by any such ship or sailing vessel of any of the collision regulations, the damage shall we deemed to have been occasioned by the wilful default of the person in charge of the ship or the sailing vessel, as the case may be, at the time unless it is shown to the satisfaction f the court that the circumstances of the case made a departure from the regulations necessary.

    Life saving appliance and fire appliance

    290. Inspection of life saving appliances and fire appliances.- (1) A surveyor my, at any reasonable time, inspect any ship for the purpose of seeing that she is properly provided with life saving and fire appliances in conformity with the rules made under this Act.

    (2) If the said surveys finds that the ship is not so provided he shall give to the master or owner notice in writing pointing out the deficiency, and also pointing out what in his opinion is requisite to remedy the same.

    (3) Every notice so given shall be communicated in the prescribed manner to the customs collector of any port at which the ship may seek to obtain a clearance and the ship shall be detained until a certificate signed by such surveyor is produced to the effect that the ship is properly provided with life-saving and fire appliances in conformity with the said rules.

    Installation of radio telegraphy, radio telephony and direction finders

    292. Radio direction finding apparatus.- Every Indian ship of sixteen hundred tons gross or more shall be provided with a radio direction finder of the prescribed description.

    297. Signalling lamps.- Every Indian ship exceeding one hundred and fifty tons gross shall, when proceeding to sea from any port or place in India to any port or place outside India, be provided with a signalling lamp of the type approved by the Central Government.

    Stability information

    299. Safety certificates and qualified safety certificates for passenger ships.- (1) Where, on receipt of a declaration of survey granted under Part VIII in respect of a passenger ship, the Central Government is satisfied that the ship complies with the construction rules and with the provisions of this Act and the rules made thereunder relating to life saving and fire appliances and radio telegraphy or radio telephony installation applicable to much ship and is provided with lights and shapes and the means of making fog and distress signals required by the collision regulations, the Central Government may issue in respect of the ship a certificate in the prescribed form to be called a safety certificate.

    (2) Where on receipt of a declaration of survey, granted under Part VIII in respect of a passenger ship the Central Government is satisfied that there is in force in respect of the ship an exemption certificate granted under section 302 and that the ship complies with all the requirements referred to in sub-section (1) other than those from which the ship is exempt under that certificate, the Central Government may issue in respect of the ship a certificate in the prescribed form to be called a qualified safety certificate.

    Load line certificates

    316. Issue of load line certificates and effect thereof.- (1) Where an Indian ship has been surveyed and marked in accordance with the foregoing provisions of this Part and complies with the conditions of assignment to the extent required in her case by those provisions, there shall be issued to the owner of the ship on his application and on payment of the prescribed fee--

    (a) in the case of a ship of one hundred and fifty tons gross or more which carries cargo or passengers, a certificate to be called "an international load line certificate"; and

    (b) in the case of any other ship, a certificate to be called "an Indian load line certificate".

    (2) Every such certificate shall be issued either by the Central Government or by such other person as may be authorised in that behalf by the Central Government and shall be issued in such form and manner as may be prescribed by the load line rules.

    (3) The Central Government may request the Government of a country to which the Load Line Convention applies, to issue a load line certificate in the form of an international load line certificate under that Convention in respect of an Indian ship and a certificate issued in pursuance of such a request and containing a statement that it has been so issued shall have effect for the purposes of this Part as if it had been issued by the Central Government.

    (4) Where a load line certificate, issued in pursuance of this section and for the time being in force, is produced in respect of a ship, the ship shall, for the purposes of the foregoing provisions of this Part, be deemed to have been surveyed as required by those provisions, and if the deck line and load lines on the ship are of the number and description required by the load line rules and the position of the deck line and load lines corresponds with the position specified in the certificate, the ship shall be deemed to be marked as required by those provisions.

    Special provisions as to ships other than Indian ships

    321. Issue of load line certificates to foreign ships in India and Indian ships in foreign countries.- The Central Government may, at the request of a country to which the Load Line Convention applies, issue an international load line certificate in respect of a ship registered in that country if it is satisfied in like manner as in the case of an Indian ship that it can properly issue the certificate and where the certificate is issued at such a request, it shall contain a statement tat it has been so issued.

    Detention of unsafe ships by the Central Government

    336. Power to detain unsafe ship and procedure for detention.- (1) Where an Indian ship in any port to which the Central Government may specially extend this section is an unsafe ship, that is to say, is by reason of the defective condition of her hull, equipment or machinery, or by reason of overloading or improper loading, unfit to proceed to sea without serious danger to human life, having regard to the nature of the service for which she is intended, such ship may be provisionally detained for the purpose of being surveyed and either finally detained or released as follows, namely:-

    (a) The Central Government, if it has reason to believe, on complaint or otherwise, that any such ship is unsafe, may order the ship to be provisionally detained as an unsafe ship for the purpose of being surveyed.

    (b) A written statement of the grounds of such detention shall be forthwith served on the master of such ship.

    (c) When the Central Government provisionally orders the detention of a ship, it shall either refer the matter to the court of survey for the port where the ship is detained, or forthwith appoint some competent person to survey such ship and report thereon; and, on receiving the report may either order the ship to be released or if in its opinion the ship is unsafe, may order her to be finally detained, either absolutely or until the performance of such conditions with respect to the execution of repairs or alterations, or the unloading or reloading of cargo, as the Central Government thinks necessary for the protection of human life.

    (d) Before an order for final detention is made, a copy of the report shall be served upon the master of the ship, and within seven days after such service the owner or master may appeal against such report, in the manner prescribed, to the court of survey for the port where the ship is detained.

    (e) Where a ship has been provisionally detained and a person has been appointed under this section to survey such ship, the owner or master of the ship, at any time before such person makes that survey, may require that he shall take with him as assessor such person as the owner or master may select, being a person named in the list of assessors for the court of survey or, if there is no such list, or if it is impracticable to procure the attendance of any person named in such list, a person of nautical, engineering or other special skill and experience.If the surveyor and assessor agree that the ship should be detained or released, the Central Government shall cause the ship to be detained or released accordingly, and the owner or master shall have no right of appeal.If the surveyor and assessor differ in their report, the Central Government may act as if the requisition had not been made, and the owner or master shall have a right of such appeal touching the report of the surveyor as is hereinbefore provided in this section.

    (f) Where a ship has been provisionally detained, the Central Government may at any time if it thinks it expedient, refer the matter to the court of survey for the port where the ship is detained.

    (g) The Central Government may at any time, if satisfied that a ship detained under this section is not unsafe, order her to be released either upon or without any conditions.

    (2) Any person appointed by the Central Government for the purpose (in this Act referred to as a detained officer) shall have the same power as the Central Government has under this section of provisionally ordering the detention of a ship for the purpose of being surveyed, and of appointing a person to survey her; and if he thinks that a ship so detained by him is not unsafe, may order her to be released.

    (3) A detaining officer shall forthwith report to the Central Government any order made by him for the detention or release of a ship.

    (4) A ship detained under this section shall not be released by reason of her Indian register being subsequently closed.

    PART X: COLLISIONS, ACCIDENTS AT SEA AND LIMITATION OF LIABILITY

    345. Division of loss in case of collision.- (1) Whenever by the fault of two or more ships damage or loss is caused to one or more of them or to the cargo of one or more of them or to any property on board one or more of them, the liability to make good the damage or loss shall be in proportion to the degree in which each ship was at fault:

    Provided that-

    (a) if, having regard to all the circumstances of the case, it is not possible to establish different degrees of fault, the liability shall be apportioned equally;

    (b) nothing in this section shall operate so as to render any ship liable for any loss or damage to which her fault has not contributed;

    (c) nothing in this section shall operate so as to render any person under any contract, or shall be construed as imposing any liability upon any person from which he is exempted by any contract or by any provision of law, or as affecting the right of any person to limit his liability in the manner provided by law.

    (2) For the purposes of this Part, references to damage or loss caused by the fault of a ship shall be construed as including references to any salvage or other expenses, consequent upon that fault, recoverable in law by way of damages.

    346. Damages for personal injury.- (1) Whenever loss of life or personal injuries are suffered by any person on board a ship owing to the fault of that ship and of any other ship or ships, the liability of the owners of the ships concerned shall be joint and several.

    (2) Nothing in this section shall be construed as depriving any person of any right of defence on which, independently of this section, he might have relied in an action brought against him by the person injured, or any person entitled to sue in respect of such loss of life, or shall affect the right of any person to limit his liability in cases to which this section relates in the manner provided by law.

    352. Limitation of liability of owner for damage.- (1) The owner of a ship, whether an Indian ship or not, shall not, if any loss of life or personal injury to any person, or any loss of or damage to any property or rights of any kind, whether movable or immovable is caused without his actual fault or privity,-

    (a) if no claim for damages in respect of loss of or damage to property or rights arises, be liable for damages in respect of loss of life or personal injury to an aggregate amount exceeding two hundred rupees for each ton of the ship's tonnage; or

    (b) if no claim for damages in respect of loss of life or personal injury arises, be liable for damages in respect of loss of or damage to property or rights to an aggregate amount exceeding one hundred rupees for each ton of the ships tonnage; or

    (c) if claims for damages in respect of loss of life or personal injury and also claims for damages in respect of loss of or damage to property or rights arise, be liable for damages to an aggregate amount exceeding two hundred rupees for each ton of the ship's tonnage:

    Provided that in such a case claims for damages in respect of loss of life or personal injury shall, to the extent of an aggregate amount of one hundred rupees for each ton of the ship's tonnage, have priority over claims for damages in respect of loss of or damage to property or rights, and, as regards the balance or the aggregate amount of two hundred rupees for each ton of the ship's tonnage, the unsatisfied portion of the first mentioned claims shall rank pari pasu with the last-mentioned claims.

    (2) The provisions of this section shall extend and apply to the owners, builders or other persons interested in any ship built at any port or place in India, from and including the launching of such ship until the registration thereof under the provisions of this Act.

    (3) The provisions of this section shall apply in respect of claims for damages in respect of loss of life, personal injury and loss of or damage to property or rights arising on any single occasion, and in the application of the said provisions, claims for damages in respect of loss, injury or damage arising out of two or more distinct occasions shall not be combined.

    (4) For the purposes of this section a ship's tonnage shall be determined in such manner as the Central Government may by general or special order, specify.

    PART XII: INVESTIGATIONS AND INQUIRIES

    357. Definition of coasts.- In this Part, the word "coasts" includes the coasts of creeks and tidal rivers.

    358. Shipping casualties and report thereof.- (1) For the purposes of investigations and inquires under this part, a shipping casualty shall be deemed to occur when

    (a) on or near the coasts of India, any ship is lost, abandoned, stranded or materially damaged;

    (b) on or near the coasts of India, and ship because loss or material damage to any other ship;

    (c) any loss of life ensues by reason of any casualty happening to or on board any ship on or near the coasts of India;

    (d) in anyplace, any such loss, abandonment, stranding, material damage or casually as above mention occurs to or on board any Indian ship, and any competent witness thereof is found in India;

    (e) any India ship is lost or is supposed to have been lost any evidence is obtainable in India as to the circumstances under which she proceeded to sea or was last heard of-

    (2) In the case mentioned in clauses (a), (b) and (c) of sub-section (1), the master, pilot, harbour master or other person in charge of the ship, or (where tow ships are concerned) in charge of each ship at the time of the shipping casualty, and

    in the cases mentioned in clause (d) of sub-section (1), where the master of the ship concerned or (except in the case of a loss) where the ship concerned proceeded to anyplace in India from the place where the shipping casualty has occurred, the master of the ship,

    shall, on arriving in India, give immediate notice of the shipping casualty to the officer appointed in this behalf by the Central Government.

    359. Report of shipping casualties to Central Government.- (1) Whenever any such officer as is referred to in sub-section (2) of section 358 receives credible information that a shipping casualty has occurred, he shall forthwith report in writing the information to the Central Government; and may proceed to make a preliminary inquiry into the casualty.

    (2) An officer making a preliminary inquiry under sub-section (1) shall send a report thereof to the Central Government or such other authority as may be appointed by it is this behalf

    360. Application to court for formal investigation.- The officer appointed under sub-section (2) of section 358, whether he has made a preliminary inquiry or not, may, and, where the Central Government so direct, shall make an application to as court empowered under section 361, requesting it to make a formal investigation into any shipping casualty, and the court shall there upon make such investigation.

    361. Court empowered to make formal investigation.- A magistrate of the first class specially empowered in this behalf by the Central Government and a presidency magistrate shall have jurisdiction to make formal investigations into shipping casualties under this Part.

    362. Power of court of investigation to inquire into charges against masters, mates and engineers.- (1) Any court making law formal investigation it no a shipping casualty may inquire into any charge of incompetency or misconduct arising, in the course of the investigation, against any master, mare or engineer, as well as into any charge of a wrongful act of default on his part causing the shipping casualty.

    (2) In every case in which any such charge, whether of incompetency or misconduct, or of a 'wrongful act or default, as a foresail, arise against any master, mate or engineer, in the course of an investigation, the court shall, before the commencement of the inquiry, cause to be furnished to him a statement of the case upon which the inquiry has been directed.

    364. Opportunity to be given to person to make defence.- For the purpose of any inquiry under this Part into any charge against a master, mate or engineer,.the court may summon him to appear, and shall give him an opportunity of making a defence either in person or otherwise.

    365. Power of court as to evidence and regulation of proceedings.- For the purpose of any investigation or inquiry under this part, the court making the investigation or inquiry shall, in respect of compelling the attendance and examination of witnesses and the production of documents and the regulation of the proceeding, have the same powers as are execrable by the proceeding, have the same powers as are execrable by that court in the exercise of its criminal jurisdiction.

    366. Assessors.- (1) A court making a formal investigation shall constitute as its assessors not less than two and not more than four persons, of whom, one shall be a person conversant with maritime affairs and the other or others shall be conversant with either maritime or mercantile affairs Provided that, where the investigation involves, or appears likely to involve, any questions as to the cancellation or suspension of the certificate of a master.mate or engineer, two of the assessors shall be persons having also experience in the merchant service.

    (2) The assessors shall attend during the investigation and deliver their opinions writing, to be recorded not the proceedings, by the exercise of all powers conferred on the court by this Part or any other law for the time being in force shall rest with the court.

    (3) The assessors shall be chosen from a list top be prepared from time to time by the Central Government.

    367. Power to arrest witnesses and enter ships.- If any court making an investigation inquiry under this Part thinks it necessary for obtaining evidence that any persons hold be arrested, it may issue a warrant for his arrest, and may, for the purpose of effecting the arrest, authorise any officer, subject, nevertheless, to any general or special instructions from the Central Government, to enter any vessel and any office so authorised may, for the purpose of enforcing the entry, call to his aid any officer of police or customs or any other person.

    368. Power to commit for trial and bind over witnesses.- Whenever, in the course of any such investigation or inquiry, it appears that any person has committed in India of offence punishable under any law in force in India, the court making the investigation or inquiry may (subject to such rules consistent with this Act as the High court may from to such rules consistent with to be arrest, or commit him or hold him to bail to take his trail before the proper court, and may bind over any person to give evidence at the trail, any may, for the purposed of this section., exercise all its powers as a criminal court.

    369. Report by court to Central Government.- (1) The court shall, in the case of all investigations or inquiries under this Part, transmit to the Central Government a full report of the conclusions at which it has arrived together with the evidence.

    (2) Where the investigation or inquiry affects a master or an officer of a ship other than an India ship who holds a certificate under the law of any country outside India, the Central Government may transmit a copy if the report together with the evidence to the proper authority in that country.

    371. Power to court to censure master, mate or engineer.- Where it appears to the court holding an investigation inquiry that having regard to the circumstances of the case an order of cancellation or suspension under section 370 is not justified, the court may pass an order censuring the master, mate or engineer in respect of his conduct.

    372. Power to court to remove master and appoint new master.- (1) A magistrate of the first class specially empowered in this behalf by the Central Government or a presidency magistrate, may remove the master of any ship with his jurisdiction if the remove is shown to his satisfaction to be necessary.

    (2) The removal may be made upon the application of the owe of any ship or his agent, or of the consignee of the ship, or of any certificate officer or of one-third or more of the view of the ship.

    (3) The magistrate may appoint a new master instead of the one removed, but where the owner, agent or consignee of the ship is within his jurisdiction, such an appointment shall not be made without the consent of that owner, agent or consignee.

    (4) The magistrate may also make such order and require such security respect of the cost of the mater as he things fit.

    Marine Board

    373. Convening of Marine Boards outside India.- Whenever- (a) a complaint is made to an Indian consular officer or senior officer of any ship of the Indian Navy in the vicinity (hereinafter referred to as naval official) by the master or any member of the crew of an Indian ship and such complaint appears to the Indian ship and such complaint appears to the Indian consular officer or naval officer, as the case may be, to require immediate investigation; or

    (b) the interest of the owner of an Indian ship or of the cargo thereof appears to an Indian consular officer or naval officer, as the case maybe to require it; or

    (c) a complaint is made to an Indian consular officer or an Indian consular officer against the master or any of the officers of an Indian ship; or

    (d) any Indian ship is lost, abandoned or stranded at or neat the place where an Indian consular officer or naval officer maybe or whenever the crew or part of the crew of any Indian ship which has been lost, abandoned or stranded arrives at that place; or

    (e) any loss of life or any serious injury to any person has occurred on board an Indian ship at or near that place;

    the Indian consular officer or the naval officer, as the case maybe, may, in his discretion, convene a Board of Marine Inquiry to investigate the said complaint or allegation or the matter affecting the said interest or the cause of the loss, abandonment or the stranding of the ship or of the loss of life or of the injury to the person.

    375. Decision of Marine Board to be by majority.- Where there is a difference of opinions among members of the Marine Board, the decision of the majority of the members shall be the decision of the Board.

    376. Powers of Marine Board.- (1) A Marine Board may, after investigating and hearing the case-

    (a) if it is of opinion that the safety of an Indian ship or her cargo or crew or the interest of the owner of an Indian ship or of the owner of the cargo thereof requires it, remove the master and appoint another qualified person to act in his stead;

    (b) if it is of opinion that any master or officer of an Indian ship is incompetent or has been guilty of any act of misconduct or in a case of collision has failed to render such assistance or give such information as is require by section 348 or that loss, abandonment or stranding of or serious damage to any person has been caused by the wrongful act or default of any master or ship's officer of an Indian ship, suspend the certificate of that master or ship's officer for a stated period:

    Provided that no such certificate shall be suspended unless the master or officer concerned has been furnished with a statement of the case in respect of which investigation has been ordered and he has also been given an opportunity of making a defence either in person or otherwise;

    (c) discharges a seaman from an Indian ship and order the wages of any seaman so discharged or any part of those wages to be forfeited;

    (d) decide any question as to wages, fines or forfeitures arising between any of the parties to the proceedings;

    (e) direct that any or all of the incurred by the master or owner of an Indian ship or on the maintenance of a seaman or apprentice while in prison outside India shall be paid out of, and deducted from, the wages of that seaman or apprentice, whether earned or subsequently earned;

    (f) if it considers such a step expedient, order a survey to be made of any Indian ship which is the subject of investigation;

    (g) order the costs of proceedings before it or any part or those costs, to be paid any of the parties thereto, and may order any person making frivolous or unjustified complaint to pay compensation for any loss or delay caused thereby and any person shall be paid by that person accordingly and may recovered in the same manner in which wages of seaman recoverable or maybe deducted from the wages due to that person.

    (2) All orders ,made by a Marine Board shall, whenever practicable, be entered in the official log book of the official log book of the ship which is the subject of investigation or on board which the casualty or occurrence or conduct investigated took place, and be signed by the presiding officer of the Board.

    Miscellaneous provisions relating to cancellation and suspension of certificates

    377. Powers of Central Government to cancel, suspend, etc., certificate of master, mate or engineer.- (1) Any certificate which has been granted by the Central Government under this Act top any master,.mate or engineer, may be cancelled or suspended for any specified period, by the Central Government in the following cases, that is to say,-

    (a) if, on any investigation or inquiry made by any court, tribunal or other authority for the time being authorised by the legislative authority in any country outside India, the court tribunal or other authority reports that the master, mate or engineer s incompetent or has been guilty of any gross act of us conduct, drunkenness or tyranny, or in a case of collision has failed to render assistance, or to given such information as is referred to in section 348, or that active such information as is referred to in section trading or abandonment of, or damage to, any ship poor Los of life has been caused by his wrongful cut or default;

    (b) if the master, mate or engineer is proved have been convicted-

    (i) of any offence under this Act or of any non-bailable offence committed under any other law for the time being in force in India; or

    (ii) of an offence committee outside India which, if committed in India, would be a non-bailable offence;

    (c) if (in the case of an master of an Indian ship) he has been superseded by the order of any court of competent jurisdiction in Indian or outside India.

    (2) The Central Government may at anytime, if it thinks the justice of the case s required,-

    (a) revoke any order of cancellation or suspension made by it under sub-section (1) or set aside any order f cancellation or us pension made by court under section 370 or any order of suspension made by a Marine Board under clause (b) sub suspension made by a Marine Board under clause (b) of sub-section (1) of section 376 or any order of censure made by a court under section 371; or

    (b) shorten or lengthen the period of suspension ordered by it under sub-section (1) or by a court under section 370 or by a Marine Board under clause (b) of sub-section (1) of section 376 or cancel a certificate suspended by a Marine Board under that clause; or

    (c) grant without examination a new certificate of the same or an y lower grade in the case of any certificate cancelled or suspended by it under sub-section (1) or by a court under section 370 or any certificate suspended by Marine Board under clause (b) of sub-section (1) of section 276:

    Provided that no order under clause (b) either lengthening the period of suspension of or cancelling a certificate shall be passed by the Central Government unless the person concerned has been given an opportunity of making a representation against the order proposed.

    (3) A certificate granted under clause (c) of sub-section (2) shall have that same effect as if it has been granted after examination.

    Re-hearing of cases

    382. Re-hearing.- (1) Whenever an investigation or inquiry has been held by a court or by a Marine Board under this Part, the Central Government may order the case to be re-heard either generally or as to any part thereof, and shall so order-

    (a) if new and important evidence which could not be produced at the investigation has been discovered, or

    (b) if for any other reason the has, in its opinion, been is carriage of justice.

    (2) The Central Government may order the case to be re-heard by the court or Marine Board, as the case may be, consisting of the same members or other members as the Central Government may deem fit.

    Courts of Survey

    383. Constitution of court of survey.- (1) A court of survey for a port shall consist of a judge sitting with two assessors.

    (2) The judge shall be a district urge, judge of a court of small causes, presidency magistrate, magistrate of the first class or other fit person appointed it this behalf by the Central Government either generally or for any specified case.

    (3) The assessors shall be persons of nautical, engineering or other special skill experience.

    (4) Subject to the provisions of Part IX as regards ships other than Indian ships, one of the assessors shall be appointed by the central government either generally or in each case and the other shall be summoned by the judge in the manner prescribed out of a list of persons from time to time prepared for the purpose by the Central Government or, it there is no such list or /if /it is impracticable to procure the attendance of any person named in such list, shall be appointed by the judge.

    384. Appeal from surveyor to court of survey.- (1) If a surveyor authorised to inspect a ship-

    (a) makes a statement in his report of inspection with which the owner or his agent or the master of the ship is dissatisfied, or

    (b) gives notice under this Act of any defect in any ship, or

    (c) declines to give any certificate under this Act, the owner, master or agent, as the case maybe, may, subject to the provisions of sub-section (2) and of section 387, appeal to a court of survey.

    (2) Whenever a surveyor inspects any ship, he shall, if the owner, master or agent of the ship so requires, be accompanied on the inspection by some person nominated by the owner, master or agent, as the case maybe, and if the person so nominated agree with the survey as to the statement made or the notice given by the surveyor or the refusal by the surveyor to give a certificate, there shall be no appeal to a court for survey from that statement, notice or refusal.

    Scientific referees

    387. Reference in difficult cases to scientific persons.- (1) If the Central Government is of opinion that an to a court of survey involves a question of contraction or design a scientific difficulty important principle, it may refer the matter to such one or more out of a list of scientific reference to be from time to time prepared by the Central Government as may appear to possess the special qualifications necessary for the particular case and maybe selected any agreement between a person duly appointed by the central Government in this behalf and the appellant or in default of any such agreement, by the Central Government; ad thereupon the appeal shall be determined by the referee or reefers stead of by the court of survey.

    (2) The Central Government, if the applicant in any such appeal so requires and gives security to its satisfaction to pay the costs of and incidental to the reference, shall refer such appeal to a referee or referees selected as aforesaid.

    (3) The referee or referees shall have the same powers as a judge of the court of survey.

    Investigations into explosions or fires onboard ships

    388. Power to investigate causes of explosion or fire on board ship.- Whenever any explosion or fire occurs on board any ship or ear the costs India, the Central Government may direct that an investigation it no the causes of explosion or fire be made by such or persons as it thinks fit.

    389. Report to be made regarding cause of explosion or fire.- The person or persons referred to in section 388 may go on board the ship on which the explosion or fire has occurred with all necessary workmen and labourers , and remove any portion of the ship, or of the machinery thereof, for the purpose of the investigation, and shall report to the Central Government or the person duly appointment by its, as the case maybe, what in his or their opinion was the case of the explosion or fire.

    PART XIII: WRECK AND SALVAGE

    Wreck

    390. Definition of coasts.- In this Part, the word "coasts" includes the coasts of creeks and tidal rivers.

    391. Receivers of wreck.- (1) The Central Government may, by notification in the Official Gazette, appoint any person t be a receiver of wreck (in this Part referred to as receiver of wreck) to receive and take possession of wreck and to perform such duties connected therewith as are hereinafter mentioned, within such local limits as may be specified in the notification.

    (2) A receiver of wreck may, by order in writing, direct that all or any of this functions under this Part shall, in such circumstances and subject to such conditions, if an by as maybe specified in the order, discharged by such person as maybe specified therein and any person while discharge any such functions shall be deemed to be a received or wreck for the purposes of this Act.

    400. Prohibition of certain acts in respect of wreck.- No person shall-

    (a) without the leave of the master board or attempt to board any vessel which is wrecked, standard or in distress as aforesaid, unless the person is, or acts by command of, the receiver of wreck; or

    (b) impede or hinder or attempt in any way to impede or hinder the saving of any vessel standard or in danger of being stranded or otherwise in distress on or near the coasts of India or of any part of the cargo or equipment of the vessel, or of any wreck; or

    (c) secrete any wreck or deface or obliterate any marks thereon; or

    (d) wrongfully carry away or remove any part of a vessel stranded or in danger of being stranded or otherwise in distress, on or near the coasts of India, or any part of the cargo or equipment of the vessel or any wreck

    Salvage

    402. Salvage payable for saving life, cargo or wreck.- (1) Where services are rendered-

    (a) wholly or in part within the territorial waters of India in saving life from any vessel, or elsewhere in saving life from a vessel registered in India; or

    (b) in assisting a vessel or saving the cargo or equipment of a vessel which is wrecked, stranded or in distress at any place on or near the coasts of India; or

    (c) by any person other than the receiver of wreck in saving any wreck; there shall be payable to the salvor by the owner of the vessel, cargo, equipment or wreck, a reasonable sum for salvage having regard to all the circumstances of the case.

    (2) Salvage in respect of the preservation of life when payable by the owner of the vessel shall be payable in priority to all other claims for salvage.

    (3) Where salvage services are rendered by or on behalf of the Government or by a vessel of the Indian Navy or the commander or crew of any such vessel, the Government, the commander or the crew, as the case may be, shall be entitled to salvage and shall have the same rights and remedies in respect of those services as any other salvor.

    (4) Any dispute arising concerning the amount due under this section shall be determined upon application made by either of the disputing parties-

    (a) to a magistrate, where the amount claimed does not exceed ten thousand rupees; or

    (b) to the High Court, where the amount claimed exceeds ten thousand rupees.

    (5) Where there is any dispute as to the persons who re entitled t the salvage amount under this section, the magistrate or the High Court, as the case may be, shall decide the dispute and if there are more persons than one entitled to such amount, the magistrate or the High Court shall apportion the amount thereof among such persons.

    (6) The costs of and incidental to all proceedings before a magistrate or the High Court under this section shall be in the discretion of the magistrate or the High Court, and the magistrate or the High Court shall have full power to determine by whom or out of what property and to what extent such costs are to be paid and to give all necessary directions for the purpose aforesaid.

    PART XIV: CONTROL OF INDIAN SHIPS AND SHIPS ENGAGED IN COASTING TRADE

    406. Indian ships and chartered ships to be licensed.- (1) No Indian ship and no other ship chartered by a citizen of India or a company shall be taken to sea from a port or place within or outside India except under a licence granted by the Director-General under this section:

    Provided that the central Government, if it is of opinion that it is necessary or expedient in the public interest so to do, may, by notification in the official Gazette, exempt any class of ships chartered by a citizen of India or a company from the provisions of this sub-section.

    (2) A licence granted under this section may be-

    (a) a general licence;

    (b) a licence for the whole or any part of the coasting trade of India; or

    (c) a licence for a specified period or voyage.

    (3) A licence granted under this section shall be in such form and shall be valid for such period as may be prescribed, and shall be subject to such conditions as may be specified by the Director-General.

    407. Licensing of ships for coasting trade.- (1) No ship other than an Indian ship or a ship chartered by a citizen of India or a company which satisfies the requirements specified in clause

    (b) of section 21, shall engage in the coasting trade of India except under a licence granted by the Director-General under this section.

    (2) A licence granted under this section may be for a specified period or voyage and shall be subject to such conditions as may be specified by the Director-General.

    (3) The Central Government may, by general or special order, direct that the provisions of sub-section (1) shall not apply in respect of any part of the coasting trade of India or shall apply subject to such conditions and restrictions as may be specified in the order.

    410. No port clearance until licence is produced.- No customs collector shall granted a port clearance to a ship in respect of which a licence is required under this Part until after production by the owner, master or agent of such a licence.

    413. Power to Director-General to call for information.- The Director-General may, by notice, require-

    (a) the owner, master or agent of any ship in respect of which a licence granted by the Director-General under this Act is in force; or

    (b) the owner , master or agent of any ship in respect of which any directions have been or may be given under clause (b) of section 411; to furnish within the period specified in the notice information as to--

    (i) the classes of passengers and cargo which the ship is about to carry or is capable or carrying or has carried during any specified period;

    (ii) the rates of passenger fares and freight charges applicable to the ship;

    (iii) any other matter which may be prescribed.

    PART XV: SAILING VESSELS

    417. Certificate of registry.- (1) Every sailing vessel shall be registered in accordance with the provisions of this section.

    (2) The owner of every sailing vessel shall make an application in the prescribed form to a registrar for the grant to him of a certificate of registry in respect of the vessel.

    (3) The owner of every sailing vessel in respect of which an application under sub-section (2) is made, shall cause the tonnage of the vessel to be ascertained in the prescribed manner.

    (4) The registrar may make such inquiry as he thinks fit with respect to the particulars contained in such application and shall enter in a registrar to be kept for the purpose (hereinafter referred l to as sailing vessel register) the following particulars in respect of the vessel, namely:-

    (a) the name of the sailing vessel, the place where she was built, and the port to which she belongs;

    (b) the rig, type and tonnage of the vessel;

    (c) the name, occupation and residence of the owner of the vessel;

    (d) the number assigned to the vessel;

    (e) the mortgages, if any, effected by the owner in respect of the vessel;

    (f) such other particulars as may be prescribed.

    (5) After the particulars in respect of the vessel have been entered in the sailing vessels register under sub-section (4), the registrar shall grant to the applicant a certificate of registry in the prescribed form.

    (6) The owner of every sailing vessel shall pay for each certificate of registry a fee according to such scale a may be prescribed by the Central Government, having regard to the tonnage of the vessel, but in no case exceeding one rupee per ton of its gross tonnage.

    (7) A sailing vessel requiring to be registered under this Part but not so registered may be detained by a proper officer until the owner or tindal produces a certificate of registry in respect of the vessel.

    421. Certificate of inspection.- (1) No sailing vessel shall ply or proceed to sea unless there is in force in respect of that vessel a certificate of inspection granted under this part, the same being applicable to the voyage on which she is about to ply or proceed.

    (2) A certificate of inspection in respect of a sailing vessel shall specify-

    (a) the name and tonnage of the vessel;

    (b) the names of the owner and tindal of the vessel;

    (c) the maximum number of the crew and the maximum number of passengers which the vessel is fit to carry;

    (d) the limits within which the vessel may be used for the purpose of trading and the terms and conditions subject to which she may be used for such trading;

    (e) the particulars of the free board assigned to the vessel; and shall contain a statement to the effect that her hull, rigging and equipment (including auxiliary machinery, if any) are in good condition.

    (3) Every certificate of inspection shall be in force from the date of issue for a period of one year or for such shorter period as may be specified therein:

    Provided that where a sailing vessel is on a voyage outside India at the time of expiry of the certificate, the certificate shall continue to be valid until her first arrival at a port in India after the expiry of such period.

    (4) No customs collector shall grant a port clearance to a sailing vessel registered under this Part until after the production by the owner or tindal thereof of a certificate of inspection granted under this Part in respect of the vessel.

    422. Cancellation, re-issue, etc., of certificate of inspection.- (1) Where at any time subsequent to the issue of a certificate of inspection in respect of a sailing vessel, the Director-General has reason to believe that the vessel is not fit to ply or proceed to sea, he may, after giving the owner an opportunity of making a representation, cancel such certificate.

    (2) Where at any time subsequent to the issue of a certificate of inspection a sailing vessel has undergone material alteration or has met with accident or, where the certificate of inspection of a sailing vessel has been cancelled under sub-section (1) and an application is made for the re-issue of such certificate or for the grant of a fresh certificate, the registrar may, before re-issuing the certificate or issuing a fresh certificate, as the case may be, cause such vessel to be inspected; and if the authority inspecting the vessel reports that she is not fit to ply or proceed to sea or that her hull, rigging and equipment (including auxiliary machinery, if any) are defective, such certificate shall not be re-issued or issued until the vessel is, in the opinion of such authority, fit to ply or proceed to sea or the defect is rectified to the satisfaction of such authority.

    430. Inquiry into jettisoning of cargo.- (1) If any owner or tindal of a sailing vessel in the course of her voyage, has jettisoned or claims to have jettisoned the whole or any part of the cargo of the vessel on account of abnormal weather conditions or for any other reason, he shall immediately after arrival of the vessel at any port in India give notice of such jettisoning to the proper officer at such port and such notice shall contain full particulars of the cargo jettisoned and the circumstances under which such jettisoning took place.

    (2) When any such officer receives notice under sub-section (1) or has reason to believe that the cargo of any sailing vessel in his port has been jettisoned, he shall forthwith report in writing to the Central Government the information he has received and may proceed to make an inquiry into the matter.

    431. Non-Indian sailing vessels not to engage in coasting trade without permission.- (1) A sailing vessel not owned by a citizen of India or a company which satisfies the requirements specified in clause (b) of section 21, shall not engage in the coasting trade of India without the written permission of the Director-General.

    (2) The Director-General may, when granting such permission, impose such terms and conditions as he thinks fit and may require the owner or other person in charge of the vessel to deposit with him such amount as he thinks necessary for the due fulfilment of such terms and conditions.

    (3) No customs collector shall grant a port clearance to a sailing vessel not registered under this Part which engages or attempts to engage in the coasting trade of India until after the production by the owner or person in change thereof of the written permission of the Director-General.

    433. Power of courts to rescind contracts between owner and tindal.- Where a proceeding is instituted in any court in respect of any dispute between the owner of sailing vessel and the tindal arising out of or incidental to their relation as such, or is instituted for the purpose of this section, the court, if having regard to all the circumstances of the case it thinks it just to do so, may rescind any contract between the owner and the tindal upon such terms as the court may think just and this power shall be in addition to any other jurisdiction which the court can exercise independently of this section.

    PART XVI: PENALTIES AND PROCEDURE

    436. Penalties.- (1) Any person who contravenes any provisions of this Act or fails to comply with any provision thereof which it was his duty to comply with, shall be guilty of an offence and if in respect of any such offence no penalty is specially provided in sub-section (2), he shall be punishable with fine which may extend to two hundred rupees.

    (2) The offences mentioned in the second column of the following table shall be punishable to the extent mentioned in the fourth column of the same with reference to such offences respectively.

    437. Place of trial.- Any person committing any offence under this Act or any rude regulation thereunder may be tried for the offence in any place in which he may be found or which or which the Central Government may, be notification in the Official Gazette, direct in this behalf, or in another place in which he might be tried under any other law for the time being in force.

    438. Cognisance of offences.- The penalties to which masters and owners of unberthed passenger and pilgrim ships are made liable be section 436 shall be enforce only on information laid at the instance of the certifying officer, or, at any port or place where there is no such officer at the instance of such other officer as the Central Government may specify in this behalf.

    439. Jurisdiction of magistrates.- No court inferior to that of presidency magistrate or a magistrate 'of the first class shall try and offence under this Act or any rule or regulation thereunder.

    440. Special provision regarding punishment.- Notwithstanding anything contained in section 32 of the Code of Criminal Procedure, 1898 (5 of 1898), tit shall be lawful for a presidency magistrate or a magistrate of the first class to pass any sentence authorised by or under this Act on any person convicted of an offence under his Act or any rule or regulation thereunder.

    441. Offences by companies.- (1) If the person committing an offence under this Act is a company, every person who, at the time of offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

    Provided that nothing in this sub-section a shall render any such person liable tot any punishment proved in this Act, if he proves that the offence was committed without his knowledge or that the exercised all due diligence to prevent the commission of such offence.

    (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company, and it is proved that the offence was committed with the consent or connivance of, or is attributable to any neglect on the part, any director, manager, secretary other officer of the company, such be guilty of that offence and shall be liable to be proceeded against are punished accordingly.

    Explanation.- For the purpose of this section,-

    (a) "company" includes in firm or other association of individuals; and

    (b) "director" in relation to a firm means a partner in the firm.

    442. Depositions to be received in evidence when witness cannot be produced.- (1) Whenever, in the course of any legal proceeding under this Act instated at anyplace in India before any court or magistrate or before any person authorised by A law 'or by consent of parties to received evidence, the testimony of any witness is required in relation to the subject-matter, and the defendant or the person caused (as the case maybe), after being allowed a reasonable opportunity for so doing, does not produce the witness before the court, magistrate or person so authorised, any deposition previously made by the witness in relation to the same subject-matter before any court, justice or magistrate in any other place in India or, if elsewhere, before a Marine Board or before any Indian consular officer, shall be admissible evidence-

    (a) if the deposition is authenticated by the signature of the presiding officer of the court of the justice, magistrate or Marine Board or consular, officer, before whom it is mad

    (b) if the defendant or the person accused had an opportunity by himself or has agent of cross-examining the witness;

    (c) if he proceeding is criminal, on proof that the deposition was made in the presence of the person accused.

    (2) It shall not be necessary in any case to prove the signature or official character of the person appearing to have signed such deposition; and a certificate by such person that the defendant or person accused had an opportunity of cross-examining the witness, and that the deposition, if made in a criminal proceeding, was made in the presence of the person accused, shall, unless the contrary is approved, be sufficient evidence that he had that opportunity and that tit was so made.

    447. Application of fines.- A magistrate imposing a fine under this Act may, if he thinks fit, direct the whole or any part thereof to be applied in compensating any person for any detriment which may have sustained by the act or defaulting respect of which the fine is imposed 'or in to towards payment of the expenses of the prosecution.

    448. Service of documents.- Where for the purpose of this Act, any document is to be served on any person, that document may be served-

    (a) in any case by delivering a copy thereof personality to the person to be served, or by leaving the same at his last place of abode, or by post; and

    (b) if the document is to be served on the master of a ship, where there is one, or a person belonging to a ships, by leaving the same for him on board that ship, with the person being or appearing to be in command or charge of the ship; and

    (c) if he document is to be served on the master of a ship where there is no master and the ship is in India, on the owner of the ship, or, if such owner is not in India, in some agent of the owner residing in India, or, where no such agent is known or can be found, by affixing a copy thereof to the master of the ship.

    PART XVII: MISCELLANEOUS

    452. Inquiry into cause of death on board Indian ship.- (1) If any person dies on board a foreign-going Indian ship, the proper officer at the port where the crew of the ship is discharged, or the proper officer at any earlier port of call in India, shall,.in the arrival of the ship at the port, inquire into the cause of death, and shall make in the official log book and endorsement to the effect, either that the statement of the cause of detain the book is in his opinion true, or the contrary, according to the result of the inquiry.

    (2) If, in the course off any such inquiry, it appears to the proper officer that a death has been caused on board the ship by violence or other improper means, he shall either report the matter to the Director-General or,.if the emergency of the cases requires, shall make immediate steps for bringing the off render to trial.

    455. Exemption of public ships, foreign and Indian.- (1) This Act shall not, except where specially proved, apply to ships belonging to any foreign prince or State and employed otherwise than for profit in the public service of the foreign prince or State.

    (2) The Central Government may, by notification in the Official Gazette, direct that the provisions of this Act or any of them shall not apply to ships belonging to the Government or t any class of such ships.

    General power to make rules

    459. Power to constitute committees to advise on rules, regulations and scales of fees.- (1) The Central Government may, if tit thinks fit, constitute one or more committees consisting of such number of person as at may appoint thereto representing the interest principally affected or having special knowledge of the subject-matter, for the purpose of advising it when considering the making or alteration of any rules, regulations or scales of fees under this Act or for any other purpose connected with this Act.

    (2) There shall be paid to the members of any such committee such travelling and other allowances as the Central Government may fix.

    (3) Committees may be constituted under this section to advise the Central Government either generally as regards any rules, regulations or scales of fees or as regards any classes of rules, regulations or scales office in particular or for any other purpose connected with this Act.

    SCHEDULE

    ENACTMENTS REPEALED

    PART I

    See section 461 (1)

    Year No. Short title Extent of repeal

    1838 19 The Coasting Vessels Act, 1838. In so far as it applies to sea-going ships fitted with mechanical mean of propulsion and to sailing vessels.

    1841 10 The Indian Registration of Ships Act, 1841. The whole.

    1850 11 The Indian Registration of Ships Act The whole.

    (1841) Amendment Act, 1850. 1923 21 The Indian Merchant Shipping Act,

    1923. The whole. 1946 21 The Merchant Seamen (Litigation) Act, The whole.

    1946. 1947 26 The Control of Shipping Act,

    1947. The whole. 1949 18

    The Merchant Shipping Laws The whole.

    (Extension to Acceding States and Amendment) Act, 1949.

    PART II

    See section 461 (2)

    Year No. Short title

    1823 Lascars Act (4 Geo.4, c.80).

    1894 Merchant Shipping Act (57 & 58 Vict., c.60).

    1897 Merchant Shipping Act (60 & 61 Vict., c.59).

    1898 Merchant Shipping (Liability of Shipowners) Act (61 & 62 Vict., c.14).

    1898 Merchant Shipping (Mercantile Marine Fund) Act (61 & 62 Vict., c.44).

    1900 Merchant Shipping (Liability of Shipowners and others) Act (63 & 64 Vict.c.32).

    1906 Merchant Shipping Act (6 Edw 7, c.48).

    1907 Merchant Shipping Act (7 Edw.7, c.52).

    1911 Merchant Shipping (Seamen's Allotment) Act (1 & 2 Geo.5, c.8).

    1911 Merchant Shipping Act (1 & 2 Geo.5, c.42).

    1911 Maritime Conventions Act (1 & 2 Geo.5, c.57).

    1914 Merchant Shipping (Certificates) Act (4 & 5 Geo.5, c.42).

    1916 Merchant Shipping (Salvage) Act (6 & 7 Geo.5, c.38).

    1919 Merchant Shipping (Wireless Telegraphy) Act (9 & 10 Geo.5, c.38).

    1921 Merchant Shipping Act (11 & 12 Geo.5, c.28).

    1923 Merchant Shipping Acts (Amendment) Act (13 7 14 Geo.5, c.40).

    1925 Merchant Shipping (Equivalent Provisions) Act (15 & 16 Geo.5, c.37).

    1932 Merchant Shipping (Safety and Load Line Convention) Act (22 & 23 Geo.5, c.9).

    1936 Merchant Shipping (Carriage of Munitions to Spain) Act (1 Edw.8 & 1 Geo.6, C.1).

    1937 Merchant Shipping (Spanish Frontiers Observation) Act (1 Edw.8 & 1 Geo.6, C.190.

    1937 Merchant Shipping Act (1 Edw.8 & 1 Geo.6, c.23).

    1937 Merchant Shipping (Superannuation Contribution) Act (1 Geo.6, c.4).

    1940 Merchant shipping (Salvage) Act (3 & 4 Geo.6, c.43).

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