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Section 221

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Chapter IPreliminary · Establishment of National Shipping Board and Seafarer’s Welfare Board · Collision, Accident at Sea and Liability · Wreck

Preliminary

1Short title and commencement
2Application of Act
3Definitions

Establishment of National Shipping Board and Seafarer’s Welfare Board

4Establishment of National Shipping Board
5Constitution of Seafarer?s Welfare Board
6Power to make rules

Collision, Accident at Sea and Liability

153Application of this Chapter
154Apportionment of liability
155Damage or loss of vessel, cargo or property
156Joint and several liability for loss of life or personal injury
157Right of contribution
158Duty of master of vessel to assist in case of collision
159Collision to be entered in official logbook
160Report to Director-General of accidents to vessels
161Notice of loss of Indian vessel to be given to Director-General

Wreck

233Application of this Chapter
234Definitions
235Receiver of wreck
236Duty to report wrecks
237Determination of hazard
238Locating and marking of wrecks
239Power to pass over adjoining lands
240Prohibition of certain acts in respect of wreck
241Search warrants where wreck is involved
242Measures to facilitate removal of wrecks
243Liability of ship owner
244Maintenance of insurance or other financial security
245Claims of ship owners to wreck
246Extinguishment of right to claim recovery of costs

Chapter IIMaritime Administration · Limitation of Liability for Maritime Claims · Salvage

Maritime Administration

7Director-General of Maritime Administration
8Officers
9Surveyors
10Senior radio surveyors and radio inspectors
11Mercantile Marine Department
12Shipping office
13Body for security of vessels and port facilities

Limitation of Liability for Maritime Claims

162Limitation of liability for damages in respect of certain claims
163Conduct barring limitation
164Counter claims
165Limits of liability
166Limit for passenger claims
167Aggregation of claims
168Constitution of limitation fund
169Limitation of liability without constitution of a limitation fund
170Distribution of fund
171Bar to other actions
172Compulsory insurance or other financial security for maritime claims subject to limitation
173Scope of application of this Chapter
174Power to make rules for matters under Chapters I and II of this Part

Salvage

247Application of this Chapter
248Definitions
249Salvage payable for saving life, cargo or wreck
250Salvage operations controlled by Government or port and public authorities
251Salvage contracts
252Duties of salvor, owner and master
253Rights of salvors
254Powers and duties of Central Government in relation to salvage operations
255Retention of salvors
256Disputes between ship owner and salvor
257Adjudication of disputes between ship owner and salvor
258Extinguishment of claims
259Savings
260Power to make rules

Chapter IIIRegistration of Vessels · Civil Liability for Oil Pollution Damage

Registration of Vessels

14Application of this Part
15Indian vessel and its registration
16Registration of Indian chartered foreign vessels
17Temporary registration of vessels sought to be recycled
18Registrar of Indian vessels
19Provisional registration of Indian vessel
20Procedure for registration of Indian vessels
21Temporary pass in lieu of certificate of registration
22Custody and use of certificate
23Transfer of Indian vessel or shares
24Transmission of property in Indian vessel on death, insolvency, etc
25Order for sale where vessel has ceased to be an Indian vessel
26Mortgage of vessel or share
27Rights of mortgagee
28Liability of mortgagee
29Mortgage not affected by insolvency
30Transfer of mortgages
31Transmission of interest in mortgage in certain circumstances
32Rules as to name of vessel
33Registration of alterations
34Provisional certificate and endorsement where vessel is to be re-registered
35Transfer of registration
36Restrictions on re-registration of abandoned vessel
37National colours for Indian vessels
38Concealment of Indian or assumption of foreign character
39Liabilities of vessel not recognised as Indian vessel
40Proceedings on forfeiture of vessel
41Liability of owners
42Evidence of register book, certificate of registration and other documents
43Closure of registration
44Power to make rules

Civil Liability for Oil Pollution Damage

175Application of this Chapter
176Definitions
177Liability of ship owner
178Joint and several liability for ships
179Jurisdiction of High Court
180Jurisdiction where pollution damage occurs in two or more States
181Limitation of liability
182Constitution of limitation fund
183Claims for compensation where fund is established
184Acquisition of right for compensation by subrogation
185Consolidation of claims and distribution of fund
186Arrest and sale of ship if ship owner, etc., unable to satisfy claims for compensation
187Restriction on enforcement of claims after establishment of fund
188Compulsory insurance or other financial security
189Acceptance of certificate granted outside India
190Ban on entering or leaving an Indian port without certificate
191Direct action against insurer or other person providing financial security
192Recognition of judgment of court of contracting parties to Civil Liability Convention
193Limitation period
194Government ships
195Power to make rules

Chapter IVMaritime Education and Training · Civil Liability for Bunker Oil Pollution Damage

Maritime Education and Training

45Certificates to be held by seafarers
46Certificate of competency and certificate of proficiency
47Training for grant of certificate of competency and certificate of proficiency
48Examination for grant of certificates
49Production of certificate of competency
50Recognition of certificates of competency granted in other States
51Foreign vessel not to sail without seafarers having certificate
52Obligations of certain certificate holders to serve on Indian vessels
53Power to make rules

Civil Liability for Bunker Oil Pollution Damage

196Application of this Chapter
197Definitions
198Liability for bunker oil pollution
199Exemption from liability
200Right of ship owner to limitation of liability
201Determination of limitation of liability
202Consolidation of claims and distribution of amount
203Extinguishment of right to claim
204Maintenance of compulsory insurance or other financial security
205Direct action against insurer or other person providing financial security
206Grant of certificate
207Ban on entering or leaving port without clearance
208Right of recourse
209Recognition of judgment of court of contracting parties to Bunker Convention
210Power to make rules

Chapter VSeafarers · International Oil Pollution Compensation Fund

Seafarers

54Application of this Part
55Definitions
56Classification of seafarers
57Application of maritime labour standards to seafarers and vessels
58Duties of shipping master, director and seafarer?s welfare officer
59Minimum age for seafarers
60Medical certificate
61Training and qualifications
62Recruitment and placement of seafarers
63Agreement with seafarers
64Wages
65Hours of rest
66Entitlement to leave
67Repatriation
68Compensation for vessel?s loss or foundering
69Manning levels
70Accommodation and recreational facilities
71Food and catering
72Medical care
73Ship owners? liability
74Health and safety protection and accident prevention
75Social security
76Flag State responsibilities
77Port State responsibilities
78Rules for enforcement of Maritime Labour Convention
79Payment of wages
80Discharge of seafarers
81Wages and property of deceased seafarers and seafarers left behind
82Certain undisbursed amounts to be utilised for welfare of seafarers
83Shipping master to adjudicate disputes involving seafarer
84Power of shipping master to require production of documents
85Wages not recoverable outside India in certain cases
86Summary proceedings for wages
87Restrictions on suits for wages
88Remedies of master for wages, disbursements, etc
89Power to refer disputes between seafarers and employers to Tribunal
90Recovery of wages, etc., of seafarers lost with vessel
91Relief and maintenance of abandoned seafarers
92Replacement crew onboard abandoned vessels
93Inspection by shipping master, etc
94Special provisions for protection of seafarers in respect of litigation
95Facilities for making complaint
96Vessel not to be boarded without permission
97Misconduct endangering life or vessel
98Desertion and absence without leave
99General liability against discipline
100Smuggling of goods by seafarer
101Entry of offences in official logbook
102Report of desertions and absences without leave
103Entries and certificates of desertion abroad
104Facilities for proving desertion in proceedings for forfeiture of wages
105Application of forfeitures
106Decision of questions of forfeiture and deduction in suits for wages
107Payment of fines imposed under agreement to shipping master
108Seafarer not to be enticed to desert
109Stowaways and seafarers carried under compulsion
110On change of master, documents to be handed over to successor
111Deserters from foreign vessels
112Official logbook
113Power to make rules

International Oil Pollution Compensation Fund

211Application of this Chapter
212Definitions
213Contribution to Fund
214Contribution payable by persons to Fund
215Liability of Fund
216Limitation of liability of Fund
217Power to call for information
218Claims against Fund and jurisdiction of courts
219Extinguishment of claims
220Subrogation and right of recourse
221Power of Central Government to establish fund for excess claim
222Power to make rules

Chapter VISafety and Security

114Application of this Part
115Definitions
116Safety and security requirements
117Reporting of incidents
118Obligations to render assistance on receiving signal of distress and to persons in danger
119Search and rescue services
120Radio communication requirements
121Information about vessel?s stability
122Submersion of load lines
123No vessel to carry passenger without certificate
124Vessel not to proceed to sea without valid safety and security certificates
125Penalties for certain acts
126Vessel not to carry cargo or passengers in contravention of Act
127Unseaworthy vessel not to be sent to sea
128Obligation of ship owner, master or agent with respect to seaworthiness
129Safety and security management
130Power to make rules

Chapter VIIPrevention and Containment of Pollution from Vessel and Response

131Application of this Part
132Definitions
133Control of discharge or emission of harmful substances or dumping at sea
134Prevention and containment of pollution and response
135Vessel not to proceed to sea without valid pollution prevention certificates
136Record books
137Power to deny entry, detain or move vessel
138Power to take measures for containment of pollution and reporting of incidents
139Power of Central Government to give directions
140Measures for detection of pollution
141Appointment of analysts
142Reception facilities
143Power to make rules

Chapter VIIISurvey, Audit and Certification

144Survey, audit and certification
145Certificates
146Power of surveyor
147Compliance of provisions of convention
148Recognition of certificates granted outside India
149Grant of certificate to foreign vessels in India and Indian vessels in foreign States
150Power to call for information
151Power to conduct inspections
152Power to make rules

Chapter XMarine Incident and Emergency Response

223Application of this Part
224Definitions
225Appointment of nodal authority for marine incidents
226Primary response party
227Plans and procedures for response mechanisms
228Powers of nodal authority
229Maintenance of compulsory insurance or other financial security
230Power to make rules

Chapter XIInvestigation and Inquiries on Marine Casualties

231Marine casualties and report thereof
232Power of Central Government to initiate proceedings

Chapter XIIISailing, Fishing and Other Vessels

261Application of this Part
262Definitions
263Decision of question whether a vessel falls under this Part
264Requirements for safety, security, prevention of pollution and insurance
265Manning of fishing vessels
266Central Government to grant certificate of proficiency
267Training for grant of certificate of competency and certificate of proficiency
268Examination for grant of certificate
269Withdrawal, suspension or cancellation of certificate
270Production of certificate
271Agreements in respect of fishing vessel
272Fishery data to be furnished by Indian fishing vessels
273Vessel not to proceed without valid certificates
274Power of Central Government to initiate action against non-mechanically propelled vessels
275Statement relating to crew of vessels to be maintained
276Inquiry to jettisoning of cargo
277Detention of vessel by proper officer
278Detention of unseaworthy vessels
279Power to exempt
280Power to make rules

Chapter XIVPenalties and Procedures

281Offences and penalties
282Authority for imposition of penalty and procedure therefor
283Place of trial and jurisdiction of court
284Special provision regarding punishment
285Appointment of Special Public Prosecutors
286Penalties in respect of masters or owners of special trade passenger vessels
287Offences by companies
288Depositions to be received in evidence when witness cannot be produced
289Power to detain foreign vessel that has occasioned damage
290Power to enforce detention of vessel
291Levy of wages, etc., by distress of movable property or vessel
292Service of documents

Chapter XVMiscellaneous

293Birth and death of persons onboard vessel during a voyage
294Inquiry into cause of death onboard or person missing from Indian vessel
295Certain persons deemed to be public servants
296Power of persons authorised to investigate, inquire, etc
297Power to permit alternative provisions and arrangement
298Control of nuclear vessels and security measures
299Exemption of Government vessels, foreign and Indian
300Power to exempt
301Power of Director-General to give directions
302Special provisions with respect to defaulting ship owners
303Right to pursue foreign vessels in high seas
304Power of Central Government with respect to vessel without nationality
305Protection of action taken in good faith
306Agreement with other States
307Control measures and detention of vessels
308Costs of detention and damages
309Procedure for detention of vessel other than Indian vessel
310Obligations of ports under conventions and monitoring thereof by Director-General
311Power of Central Government in respect of abandoned vessels
312Power to cancel, suspend, etc., certificate of seafarers
313Re-hearing
314Maintenance of insurance or such other financial security
315Use and maintenance of electronic records
316Classification of vessels
317Transparency of charges
318Power of Director-General to call for information
319General power to make rules
320Provisions with respect to rules
321Power to remove difficulties
322Power to constitute committees
323Power of Central Government to protect interest of Indian Shipping
324Repeals and savings

Chapter XVIAmendment to the Marine Aids to Navigation Act, 2021

325Amendment of Act 20 of 2021

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MS Act 221Chapter V · International Oil Pollution Compensation Fund

Section 221 · Power of Central Government to establish fund for excess claim

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The Central Government may establish a fund for the pollution damage exceeding the amount payable under this Part and the source of fund and manner of disbursement of compensation from such fund shall be such as may be prescribed.

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