MS Act 311Chapter XV · Miscellaneous
Section 311 · Power of Central Government in respect of abandoned vessels
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(1) The Central
Government may give such directions in writing, as it deems appropriate, to a port authority or State
Maritime Board or any other authority or agency to render services or assistance or take measures in
respect of any abandoned vessel which is abandoned on or near the coast of India or within the coastal
waters.
(2) The directions given under sub-section (1) shall be aimed at ensuring safety, security, preventing the abandoned vessel from posing a threat to life or property or environment, including protection of India’s coastline or related interests from pollution or threat of pollution arising out of the abandoned vessel.
(3) Any costs or expenses incurred by the Central Government or any authority or agency, for taking any measures in respect of an abandoned vessel under sub-section (1), shall constitute a debt due to the Central Government and may be recovered from the proceeds received from the sale of the vessel or its cargo.
(4) The procedure for reimbursement of costs or expenses, including the manner of determination of the rates for services rendered, to the authority or agency complying with the directions of the Central Government under sub-section (1), shall be such as may be prescribed.
(5) Notwithstanding anything contained in the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 (22 of 2017), the debt due to the Central Government under sub-section (3), shall be a charge on the vessel and shall have first priority after the following maritime liens---
(a) claims for wages and other sums due to the master, officers and other members of the vessel’s complement in respect of their employment on the vessel, including costs of repatriation and social insurance contributions payable on their behalf;
(b) claims in respect of loss of life or personal injury occurring, whether on land or on water, in direct connection with the operation of the vessel.
(2) The directions given under sub-section (1) shall be aimed at ensuring safety, security, preventing the abandoned vessel from posing a threat to life or property or environment, including protection of India’s coastline or related interests from pollution or threat of pollution arising out of the abandoned vessel.
(3) Any costs or expenses incurred by the Central Government or any authority or agency, for taking any measures in respect of an abandoned vessel under sub-section (1), shall constitute a debt due to the Central Government and may be recovered from the proceeds received from the sale of the vessel or its cargo.
(4) The procedure for reimbursement of costs or expenses, including the manner of determination of the rates for services rendered, to the authority or agency complying with the directions of the Central Government under sub-section (1), shall be such as may be prescribed.
(5) Notwithstanding anything contained in the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 (22 of 2017), the debt due to the Central Government under sub-section (3), shall be a charge on the vessel and shall have first priority after the following maritime liens---
(a) claims for wages and other sums due to the master, officers and other members of the vessel’s complement in respect of their employment on the vessel, including costs of repatriation and social insurance contributions payable on their behalf;
(b) claims in respect of loss of life or personal injury occurring, whether on land or on water, in direct connection with the operation of the vessel.
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